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97 STAT. 118 PUBLIC LAW 98-21—APR. 20, 1983 42 use 401. monthly benefits payable under title II of the Social Security Act for months after the month in which this Act is enacted. (b) Nothing in any amendment made by this part shall be con- strued as affecting the validity of any benefit which was paid, prior to the effective date of such amendment, as a result of a judicial determination. PART B—COVERAGE COVERAGE OF EMPLOYEES OF FOREIGN AFFIUATES OF AMERICAN EMPLOYERS SEC. 321. (a)(1) So much of subsection (1) of section 3121 of the 26 use 3121. Internal Revenue Code of 1954 (relating to agreements entered into by domestic corporations with respect to foreign subsidiaries) as precedes the second sentence of paragraph (1) thereof is amended to read as follows: "(1) AGREEMENTS ENTERED INTO BY AMERICAN EMPLOYERS WITH RESPECT TO FOREIGN AFFIUATES.— "(1) AGREEMENT WITH RESPECT TO CERTAIN EMPLOYEES OF FOR- EIGN AFFILIATE.—The Secretary shall, at the American employ- er's request, enter into an agreement (in such manner and form as may be prescribed by the Secretary) with any American employer (as defined in subsection (h)) who desires to have the insurance system established by title II of the Social Security 42 use 401. Act extended to service performed outside the United States in the employ of any 1 or more of such employer's foreign affiliates (as defined in paragraph (8)) by all employees who are citizens or residents of the United States, except that the agreement shall not apply to any service performed by, or remuneration paid to, an employee if such service or remuneration would be excluded from the term 'employment' or 'wages', as defined in this section, had the service been performed in the United States." 26 use 3121. (2) Paragraph (8) of section 3121(1) of such Code (defining foreign subsidiary) is amended to read as follows: "(8) FOREIGN AFFIUATE DEFINED.—For purposes of this subsec- 42 use 410. tion and section 210(a) of the Social Security Act— "(A) IN GENERAL.—A foreign affiliate of an American employer is any foreign entity in which such American employer has not less than a 10-percent interest. "(B) DETERMINATION OF IO-PERCENT INTEREST.—For pur- poses of subparagraph (A), an American employer has a 10- percent interest in any entity if such employer has such an interest directly (or through one or more entities)— "(i) in the case of a corporation, in the voting stock thereof, and "(ii) in the case of any other entity, in the profits thereof." (b) The clause (B) of section 210(a) of the Social Security Act (defining employment) which precedes paragraph (1) thereof (as amended by section 323(a)(2) of this Act) is further amended to read as follows: "(B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate Supra. (as defined in section 3121(1)(8) of the Internal Revenue Code of 1954) of an American employer during any period for which there is in