Page:United States Statutes at Large Volume 103 Part 3.djvu/413

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

PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2481 (iii) in clauses (B) and (C) of the Isist sentence of section 224(a), by striking "209(a)" and inserting 42 USC 424a. ' "209(a)(l)"' (iv) in section 217(b)(l), by striking "209(e)(2)" and 42 USC 417. inserting "209(a)(4)(B)"; (v) in section 218(c)(5), by striking "paragraph (2) of 42 USC 418. section 209(h)" and inserting "subparagraph (B) of sec- tion 209(a)(7)"; and (vi) m section 203(fK5XCXii), by striking "209(m)(2)" 42 USC 403. and inserting "209(a)(llXB)". (B)(i) Section 6(fKl) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(f)(l)) is amended by striking "209(g)" and inserting "209(a)(6)". (ii) Section l(h)(5)(iii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(h)(5)(iii)) is amended by striking "the third paragraph of section 209" and inserting "section 209(d)". Subtitle C—Additional Amendments SEC. 10301. ELIMINATION OF THE DEPENDENCY TEST APPLICABLE TO

CERTAIN ADOPTED CHILDREN. (a) IN GENERAL. — Section 202(d)(8)(D) of the Social Security Act (42 U.S.C. 402(d)(8)(D)) is amended— (1) by adding "and" after the comma at the end of clause (i); and (2) by striking clauses (ii) and (iii) and inserting the following new clause: "(ii) in the case of a child who attained the age of 18 prior to the commencement of proceedings for adop- tion, the child was living with or receiving at least one- half of the child's support from such individual for the year immediately preceding the month in which the adoption is decreed ". (b) CONFORMING AMENDMENT. —Paragraph (8) of section 202(d) of such Act is further amended by striking the last sentence. (c) EFFECTIVE DATE. — The amendments made by this section shall 42 USC 402 note. apply with respect to benefits payable for months after Decem- ber 1989, but only on the basis of applications filed on or after January 1, 1990. SEC. 10302. AUTHORITY FOR SECRETARY TO TAKE INTO ACCOUNT MISIN- FORMATION PROVIDED TO APPLICANTS IN DETERMINING DATE OF APPLICATION FOR BENEFITS. (a) OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE.— (1) IN GENERAL. — Section 202(j) of the Social Security Act (42 U.S.C. 402(j)) is amended by adding at the end the following new paragraph: "(6) In any case in which it is determined to the satisfaction of the Secretary that an individual failed as of any date to apply for monthly insuremce benefits under this title by reason of misinforma- tion provided to such individual by any officer or employee of the SocisJ Security Administration relating to such individual's eligi- r bility for benefits under this title, such individual shall be deemed to have applied for such benefits on the later of—