Page:United States Statutes at Large Volume 104 Part 2.djvu/683

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-275 primary insurance amount as computed pursuant to any of the provisions referred to in subparagraph (D), the primary insurance amount computed under subsection (a) of section 215 as in effect in December 1978, without regard to subsection G3)(4) and (c) of such section as so in effect. "(ii) The computation of a primary insurance amount under this subparagraph shall be subject to section 104(j)(2) of the Social Security Amendments of 1972 (relating to the number of elapsed years under section 215(b)). "(iii) In computing a primary insurance amount under this subparagraph, the dollar amount specified in paragraph (3) of section 215(a) (as in effect in December 1978) shall be increased to $11.50. "(iv) In the case of an individual to whom section 215(d) applies, the primary insurance amount of such individual shall be the greater of— "(I) the primary insurance amount computed under the preceding clauses of this subparagraph, or "(II) the primary insurance amount computed under section 215(d). "(C) An individual is described in this subparagraph if— "(i) paragraph (1) does not apply to such individual by reason of such individual's eligibility for an old-age or disability insurance benefit, or the individual's death, prior to 1979, and "(ii) such individual's primary insurance amount computed under this section as in effect immediately before the date of the enactment of the Omnibus Budget Reconciliation Act of 1990 would have been computed under the provisions described in subparagraph (D). "(D) The provisions described in this subparagraph are— "(i) the provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1965, if such provisions would preclude the use of wages prior to 1951 in the computation of the primary insurance amount, "(ii) the provisions of section 209 as in effect prior to the enactment of the Social Security Act Amendments of 1950, and "(iii) the provisions of section 215(d) as in effect prior to the enactment of the Social Security Amendments of 1977. "(E) For purposes of this paragraph, the table for determining primary insurance amounts and maximum family benefits contained in this section in December 1978 shall be revised as provided by subsection (i) for each year after 1978.". (2) COMPUTATION OF PRIMARY INSURANCE BENEFIT UNDER 1939 ACT.— (A) DIVISION OF WAGES BY ELAPSED YEARS. — Section 215(d)(1) (42 U.S.C. 415(d)(1)) is amended— (i) in subparagraph (A), by inserting "and subject to section 104(j)(2) of the Social Security Amendments of 1972" after "thereof; and (ii) by striking "(B) For purposes" in subparagraph (B) and all that follows through clause (ii) of such subparagraph and inserting the following: "(B) For purposes of subparagraphs (B) and (C) of subsection (b)(2) (as so in effect)— "(i) the total wages prior to 1951 (as defined in subparagraph (C) of this paragraph) of an individual—