Page:United States Statutes at Large Volume 72 Part 1.djvu/1071

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[72 Stat. 1029]
[72 Stat. 1029]
PUBLIC LAW 85-000—MMMM. DD, 1958

72

STAT.]

PUBLIC LAW 85-840-AUG. 28, 1958

1029

ELIGIBILITY OF RKMAinUKD WIDOWS FOR M OTHER ' S INSURANCE BENEFITS

SEC. 803. (a) Section 202(g) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(3) In the case of any widow or former wife divorced of an individual— " (A) who marries another individual, and " (B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not, and upon filing application therefor in the month in which he died would not be, entitled to benefits for such month on the basis of his wages and self-employment income, the marriage to the individual referred to in clause (A) shall, for the purpose of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph, or (iii) the month following the month in which this paragraph is enacted." (b) The paragraph (3) added to such section 202(g) by H. R. 5411, Eighty-fifth Congress, is hereby repealed effective with respect to benefits payable for any month following the month in which this Act is enacted.

42 USC 402.

ELIGIBILITY FOR PARENT 8 INSURANCE BENEFITS

Provisions Relating to Eligibility SEC. 304. (a)(1) So much of section 202(h)(1) of the Social Security Act as precedes subparagraph (A) is amended to read as follows: "(1) Every parent (as defined in this subsection) of an individual who died a fully insured individual after 1939, if such parent—". (2) The amendment made by this subsection shall apply with respect to monthly benefits under section 202 of the Social Security Act for months beginning after the date of enactment of this Act, but only if an application for such benefits is filed on or after such date.

42 USC 402.

Deaths Before Effective Date (b) Where— (1) one or more persons were entitled (without the application of section 202 (]) (1) of the Social Security Act) to monthly benefits under section 202 of such Act for the month in which this Act is enacted on the basis of the wages and self-employment income of an individual; and (2) a person is entitled to a parent's insurance benefit under section 202(h) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income and such person would not be entitled to such benefit but for the enactment of this section; and (3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act, then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be increased, after the application of such section 203(a),

42 USC 4 0 2. Ante, pp. 1017, 1021-1024, 1026, 1027. Poat, pp. 1030ia32. Ante, p. 1023. Poat, p. 1032.

42 USC 4 0 3.

Ante, p. 1017.