Page:United States Statutes at Large Volume 66.djvu/823

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


66

STAT.]

PUBLIC LAW

590-JULY

18, 1952

application) by a person entitled to monthly benefits on the basis of such individual's wages and self-employment income, the Administrator shall recompute such individual's primary insurance amount. Such recomputation shall be made in the manner provided in the preceding subsections of this section (other than subsection (b)(4)(A)) for computation of such amount, except that (A) the self-employment income closing date shall be the day following the quarter with or within which such taxable year ended, and (B) the self-employment income for any subsequent taxable year shall not be taken into account. Such recomputation shall be effective (A) in the case of an application filed by such individual, for and after the first month in which he became entitled to old-age insurance benefits, and (B) in the case of an application filed by any other person, for and after the month in which such person who filed such application for recomputation became entitled to such monthly benefits. No recomputation under this paragraph pursuant to an application filed after such individual's death shall affect the amount of the lump-sum death payment under subsection (i) of section 202, and no such recomputation shall render erroneous any such payment certified by the Administrator prior to the effective date of the recomputation." (c) In the case of an individual who died or became (without the application of section 202(j)(1) of the Social Security Act) entitled to old-age insurance benefits in 1952 and with respect to whom not less than six of the quarters elapsing after 1950 and prior to the quarter following the quarter in which he died or became entitled to old-age insurance benefits, whichever first occurred, are quarters of coverage, his wage closing date shall be the first day of such quarter of death or entitlement instead of the day specified in section 215(b)(3) of such Act, but only if it would result in a higher primary insurance amount for such individual. The terms used in this paragraph shall have the same meaning as when used in title II of the Social Security

777

Ante, p. 771.

^2 USC 402.

Act.

Ante. p. 772.

(d)(X) Section 1(q) of the Railroad Retirement Act of 1937, as amended, is amended by striking out "1950" and inserting in lieu thereof "1952". (2) Section 5(i)(1) (ii) of the Railroad Retirement Act of 1937, as amended, is amended to read as follows: "(ii) will have rendered service for wages as determined under section 209 of the Social Security Act, without regard to subsection (a) thereof, of more than $75, or will have been charged under section 203(e) of that Act with net earnings from selfemployment of more than $75;". (3) Section 5(1)(6) of the Railroad Retirement Act of 1937, as amended, is amencied by inserting "or (e) " after "section 217(a) ". (e) I n case the benefit of any individual for any month after August 1952 is computed under section 2(c)(2)(A) of this Act through use of a benefit (after the application of sections 203 and 215 (g) of the Social Security Act as in effect prior to the enactment of this Act) for August 1952 which could have been derived from either of two (and not more than two) primary insurance amounts, and such primary insurance amounts diner from each other by not more than |0.10, then the benefit of such individual for such month of August 1952 shall, for the purposes of the last sentence of such section 2(c) (2)(A), be deemed to have been derived from the larger of such two primary insurance amounts.

If st^at,. 683^ fo sm. 729^ 42 USC 409. ^'*'*' P- 773. es ftgat^-18|^

^2*us5'403%i5.