Page:United States Statutes at Large Volume 86.djvu/1377

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[86 STAT. 1335]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 1335]

86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

Act and for the following month siich prinuiiy insurance amount is increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215 (a), such individuaPs old-age or disability insurance benefit (beginning with the elective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insirr-ance amount and the primary insurance amount on which such benefit M-as based for the month prior to such effective month, after the application of section 202(q) of such Act where applicable, to sirch difference. (g) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for months after December 1972 (without regard to Avhen the insured individual became entitled to such benefits or when he died) and with respect to lump-sum death payments under such title in the case of deaths occurring after such month.

1335 ^"'®' P- ^333. Ante, p. 410.

^°s^ pp. 1336Effective date. 53 Stat. i362. ^ ^^^ '*°^'

iN("KEAsr-:D WIDOW'S AND WIDOWER'S INSURANCE B E N E F I T S

SEC. 102. (a)(1) Section 202(e)(1) of the Social Security Act is 79 Stat. 376; amended— Posf, p. i348. (A) by striking out "821/2 percent of" wherever it appears; 42 USC 402. (B) by striking out "entitled, after attainment of age 62, to Avife's insurance benefits," in subparagraph (C)(i) and inserting in lieu thereof "entitled to wife's insurance benefits," and by striking out "or at the end of clause (i) in such subparagraph and inserting in lieu thereof "and (I) has attained age 65 or ( II) is not entitled to benefits under subsection (a) or section 223, or"; and ^'^ ^^'^ ^'^^• (C) by striking out "age 62 in subparagraph (C) (ii), and in the matter following subparagraph (G), and inserting in lieu thereof in each instance "age 65. (2) Paragraph (2) of section 202(e) of such Act is amended to read as follows: "(2)(A) Except as provided in subsection (q), paragraph (4) of this subsection, and subparagraph (B) of this paragraph, such widow's J 5 Stat. 131; iiisur-ance benefit for each month shall be equal to the primary insurance amount of such deceased individual. " (B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to Avidow's insurance benefits under this subsection) w-as, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow's insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow's insurance benefit of such widoAV or surviving divorced Avife (as determined under subparagraph (A) and after application of subsection (q)) is greater than— "(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (({)) for such month if such individual A\^ere still liA'ingf, and "(ii) 82i/> per-cent of the primary insurance amount of such deceased individual, be reduced to the amount r-eferr-ed to in clause (i), or (if greater) the amount referred to in clause (ii)." (b)(1) Section 202(f)(1) of such Act is amended— 8i^stfl^82t^^' (A) by striking out "82i/> percent of" AAiier-ever it appears; Post^p. 1336. (B) by strikirijr out "died," in subparagraph (C) and inserting in lieu thereof "died, and (I) has attained age 65 or ( II) is not entitled to benefits under- subsection (a) or section 223,"; and 82-081 O - 73 - 87