SSR 64-15: P.L. 87-574 (76 Stat. 308). -- STATUS OF SERVICES PERFORMED
BY PATIENTS AND MEMBERS IN VA HOSPITALS
Consistent with P.L. 87-574 and the position adopted by the Veterans'
Administration, the Social Security Administration will consider that
patients and members in Veterans' Administration hospitals and
domiciliaries do not have the status of employees with respect to the
services they perform for the Veterans' Administration beginning December
9, 1962, and that the amounts given for such services do not constitute
wages for social security purposes. The patients and members had the
status of employees with respect to services performed in periods from
January 1, 1951, to December 9, 1962, and their services in such periods
were covered under social security.
Public Law 87-574 (76 Stat. 308), enacted August 6, 1962, amends Chapter
17 of Title 38 of the U.S. Code by adding Section 618 which provides as
The Administrator, upon the recommendation of the Chief Medical Director,
may utilize the services of patients and members in Veterans'
Administration hospitals and domiciliaries for therapeutic and
rehabilitive purposes, at nominal remuneration, and such patients and
members shall not under these circumstances be held or considered as
employees of the United States for any purpose. * * *
The Veterans' Administration has determined pursuant to P.L. 87-574 that
effective December 9, 1962, patients and members in Veterans'
Administration hospitals and domiciliaries whose services are utilized by
the Administration do not have the status of employees of the United
States for any purpose with respect to such services. Under the provisions
of section 205(p)(1) of the Social Security Act, such determination is
binding on the Social Security Administration. For periods from January 1,
1951, to December 9, 1962, services of these individuals constituted
employment which was covered under the Social Security Act.
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