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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3427
Experience:  37 plus years of SSD practice
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My husband is a pastor who has a 4361 status. I work full

Customer Question

My husband is a pastor who has a 4361 status. I work full time and will qualify for Social Security and Medicare at retirement. We'll be married over 20 years. Will he qualify for Social Security and Medicare through me?
Submitted: 8 months ago.
Category: Social Security
Expert:  Angie replied 8 months ago.
No he will not. By signing the 4361, he stated that he was religiously opposed to Social security. This makes him ineligible
Customer: replied 8 months ago.
Is he also ineligible for Medicare?
Expert:  Angie replied 8 months ago.
Yes, the self employment tax that the 4361 exempts him from paying is made up of both Social Security and Medicare. There is a revocation form that he can file to revoke his exemption if he wishes to change that. But then his salary and any housing allowance would be subject to self employment tax of 15.3% (as well as federal income tax on the salary)
Customer: replied 8 months ago.
Everything I read said his decision is irrevocable. What form are you talking about?
Expert:  Angie replied 8 months ago.
The form is a 2031 form, however I was unaware that they only have "windows' to allow revocation. The last window seems to have been over 15 years ago. It seems it requires a literal act of Congress for the window to reopen...I apologize for not looking more closely at that.