TN 3 (11-94)
RS 01404.235 Development and Documentation of Deemed Wages - Internment
Approximately, 110,000 individuals of Japanese ancestry were interned in camps by the U.S. during World War II in the period from December 7, 1941, through December 31, 1946.
1. When Deemed Wages Are Creditable
Deemed wages, in addition to any wages actually paid during the above period, may be granted to persons for the time they were interned during the period 12/07/41 through 12/31/46.
This is effective for monthly benefits payable after 1972 and LSDP's involving deaths after 1972. Retroactivity for a recalculation for a benefit increase to all beneficiaries is to 01/73, or MOET, if later, regardless of date of request.
The internment period may also be used to establish a disability freeze period.
2. When Deemed Wages Are Not Creditable
Do not credit if the deemed wages or disability freeze period:
would not increase the PIA; or
are for a period of confinement prior to age 18; or
are being used, in whole or in part, to determine a payable benefit by any agency or wholly owned instrumentality of the U.S.
3. Office of Personnel Management (OPM)
OPM (formerly the Civil Service Commission) is the only other Federal agency known to grant deemed wages as in RS 01404.235B.2.c.
OPM credits the internment period in the same way as it credits military service if it would be beneficial to the annuitant.
The claimant cannot choose between civil service and social security credit.
1. Identify Possible Internee
Ask whether the NH was interned if:
year of birth is 1928 or earlier; and
there are indications that the NH was residing in the U.S. during any part of the period 12/07/41 through 12/31/46; and
there are indications that the NH is of Japanese ancestry or could have been interned at a camp for persons of Japanese ancestry.
2. Obtain Claimant's Statement
Use the RMKS screen (see MSOM MCS 005.040) or an SSA-795 to document the following, if known:
if employed prior to the internment, the name and address of the employer, the type of work, and the highest hourly wage paid;
if self-employed, the name and address of corporation or business and net earnings for year(s) prior to internment;
the name and location of the internment camp and the dates of internment;
a female's maiden name, if applicable; and
a statement as to whether another Federal benefit has been established or computed based wholly or in part upon the period of internment or that this information is unknown.
3. OPM Use
If claimant alleges use by OPM, do not develop further. No deemed wages/disability freeze can be established.
4. Verify Internship
If claimant alleges no use by OPM or if use is not known, prepare a memorandum (original and one copy) addressed to: Legislative and Natural Resources Branch
National Archives and Records
Civil Archives Division
Washington, D.C. 20408
State in the memorandum:
the NH's full name (and, if female, maiden name);
date of birth; and
the name and location of the internment camp and dates of internment, if known.
Include reply spaces/blocks for:
Include signature and title spaces for authorized signature.
Enclose a self-addressed envelope.
When further information is needed after a reply has been received, send a second memorandum, with relevant identifying information, marked at the top, “SECOND REQUEST.”
If no reply is received within 30 calendar days, send another memorandum marked at the top, “DUPLICATE.”
5. Determine Use of Internship by OPM When Internship is Verified
To determine use of internship by OPM when internship is verified:
Prepare a letter to: Office of Personnel Management
Employee Service and Records Center
Claims Correspondence Section
Boyers, PA 16017
question as to whether internment credits were granted by OPM;
requesting office address;
name, address, SSN, and date of birth of NH; and
name and address of claimant, if different.
OPM will reply with a special form letter.
6. OPM Use
If OPM verifies use of internship, no deemed wages/disability period may be established.
7. OPM Non-use
If OPM verifies that internship is not being used, determine whether deemed wages or disability freeze is more advantageous.
(Claimant must meet requirements for disability freeze per RS 00301.130.)
8. Computing the Wages
If deemed wages apply:
Use highest hourly rate for any employment prior to internment where known. If unknown or no work or self-employed prior to internment, use minimum wage.
Multiply this rate times the entire number of hours in the quarter based on a 40-hour week if the NH was interned during any part of the quarter.
9. Computation Example
|Year||Wage (hour)||Hours in |
Deemed Wages for Year = 4 ×$156.00 = $624.00