Page:United States Statutes at Large Volume 81.djvu/899

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

[81 STAT. 865]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 865]

81 STAT. ]

PUBLIC LAW 90-248-JAIN. 2, 1968

865

(3) Section 215(d)(3) of such Act is amended to read as follows: ^ vicTis: "(3) The provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1967 shall be applicable in the case of an individual— " (A) who attained age 21 after 1936 and prior to 1951, or " (B) who had a period of disability which began prior to 1951, but only if the primary insurance amount resulting therefrom is higher than the primary insurance amount resulting from the application of this section (as amended by the Social Security Amendments of 1967) and section 220.". ^^ use 42o. (4) So much of section 215(f)(2) of such Act as precedes subparagraph (E) is amended to read as follows: ^^ s*^'- ^^'S. "(2) If an individual has wages or self-employment income for a year after 1965 for any part or which he is entitled to old-age insurance benefits, the Secretary shall, at such time or times and within such period as he may by regulations prescribe, recompute such individual's primary insurance amount with respect to each such year. Such recomputation shall be made as provided in subsection (a)(1) and (3) as though the year with respect to which such recomputation is made is the last year of the period specified in subsection (b)(2) (C). A recomputation under this paragraph with respect to any year shall be effective—" (5) Subparagraphs (E) and (F) of such section 215(f)(2) are redesignated as subparagraphs (A) and (B), respectively. (6) Section 215(f) of such Act is further amended by adding at the y/stat^^aes"^' end thereof the following new paragraph: "(5) I n the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall recompute his primary insurance amount as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b)(2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. Such recomputation of such primary insurance amount shall be effective for and after the month in which he died." (7)(A) The amendments made by paragraphs (4) and (5) shall apply with respect to recomputations made under section 215(f)(2) of the Social Security Act after the date of the enactment of this Act. (B) The amendment made by paragraph (6) shall apply with respect to individuals who die after the date of enactment of this Act. (8) I n any case in which— (A) any person became entitled to a monthly benefit under section 202 or 223 of the Social Security Act after the date of ^/g^ use 402, enactment of this Act and before February 1968, and (B) the primary insurance amount on which the amount of such benefit is based was determined by applying section 215(d) of the Social Security Act as amended by this Act, ^"'^' P- ^^'^^ such primary insurance amount shall, for purposes of section 215(c) of the Social Security Act, as amended by this Act, be deemed to have Ante, p. 827. been computed on the basis of the Social Security Act in effect prior to the enactment of this Act. (9) The amendment made by paragraphs (1) and (2) shall not apply with respect to monthly benefits for any month prior to January 1967. (b)(1) Section 213 of the Social Security Act is amended by add- J^ us^c 4?^?" ing at the end thereof the following new subsection: