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 follows:
- 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.