Page:United States Statutes at Large Volume 79.djvu/418

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[79 STAT. 378]
PUBLIC LAW 89-000—MMMM. DD, 1965
[79 STAT. 378]

378

64 Stat. 483. 42 USC 402. 72 Stat. 10 solo 3 2. 64 Stat. 510; 72 Stat. 10 27. 42 USC 416. Ante, p. 373. 42 USC 402.

Ante, p. 363.

PUBLIC LAW 89-97-JULY 30, 1965

{79 STAT.

" (3) The term 'surviving divorc;ed mother' means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B^ she legally adopted his son or daughter while she was married to nim and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legiQly adopted a child under the age of 18. " (4) The terms 'divorce' and 'divorced' refer to a divorce a vinculo matrimonii." (d)(1) Section 202(c)(1) of such Act is amended by striking out "divorced a vinculo matrunonii," and inserting in lieu thereof "divorced,". (2)(A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting " (b)," before "(e),". (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out " (e) or" and inserting in lieu thereof " (b), (e), or". (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out "has not remarried" and inserting in lieu thereof "is not married". (4) Subparagraph (F) of section 202(g)(1) of such Act is amended to read as follows: "(F) in the case of a surviving divorced mother— "(i) at the time of such individual's death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— " (I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or " (II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or " ( III) there was a court order for substential contributions to her support from such individual, "(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and "(iii) the benefits referred to in such subparagraph are payable on the basis of such individual's wages and selfemployment income,". (5) Section 202(g) of such Act is further amended by striking out "former wife divorced" each place it appears and inserting in lieu thereof "surviving divorced mother". (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended b j striking out the period at the end of the first sentence and inserting m lieu thereof ", or" and by adding the following new paragraph: "(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and selfemployment income of such insured individual for such month shall oe determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-