Page:United States Statutes at Large Volume 68 Part 1.djvu/1098

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[68 Stat. 1066]
PUBLIC LAW 000—MMMM. DD, 1954
[68 Stat. 1066]

1066

PUBLIC LAW 761-SEPT. 1, 1954

[68

ST A T.

"(3) if an individual's closing date is determined under paraAnte, p. 1063. graph (3)(A) of subsection (b) and he has self-employment income in a taxable year which begins prior to such closing date and ends after the last day of the month preceding the month in which he becomes entitled to old-age insurance benefits, there shall not be counted, in determining his average monthly wage, his self-employment income in such taxable year, except as provided Post, p. 1067. in section 215(f)(3)(C); and". (2) Section 215(f)(2) of such Act is amended to read as follows: "(2)(A) Upon application filed after 1954 by an individual entitled to old-age insurance benefits, the Secretary shall recompute his primary insurance amount if— "(i) he has not less than six quarters of coverage in the period after 1950 and prior to the quarter in which such application is r filed, "(ii) he has wages and self-employment income of more than $1,200 in a calendar year which occurs after 1963 (not taking into account any year prior to the calendar year in which the last previous recomputation, if any, of his primary insurance amount was effective) and after the year in which he became (without the Poat, p. 1079. application of section 202(j)(1)) entitled to old-age insurance benefits or filed an application for recomputation (to which he is Post, p p. 1069. entitled) under section 102(e)(5)(B) or 102 (f)(2)(B) of 1071. the Social Security Amendments of 1954, whichever of such events is the latest, and "(iii) he filed such application no earlier than six months after such calendar year referred to in clause (ii) in which he had such wages and self-employment income. Such recomputation shall be effective for and after the twelfth month before the month in which he filed such application for recomputation but in no event earlier than the month following such calendar year referred to in clause (ii). For the purposes of this subparagraph an individual's self-employment income shall be allocated to calendar 42 USC 412. quarters in accordance with section 212. " (B) A recomputation pursuant to subparagraph (A) shall be made as provided in subsection (a) of this section and as though the individual first became entitled to old-age insurance benefits in the month in which he filed the application for such recomputation, but Ante, p. 1063. only if the provisions of subsection (b)(4) were not applicable to the last previous computation of his primary insurance amount. If the provisions of subsection (b)(4) were applicable to such previous computation, the recomputation under subparagraph (A) of this Ante, p. 1062. paragraph shall be made only as provided in subsection (a)(1) (other than subparagraph (B) thereof) and for such purposes his average monthly wage shall be determined as though he became entitled to old-age insurance benefits in the month in which he filed the application for recomputation under subparagraph (A), except that, of the Ante, p. 1063. provisions of paragraph (3) of subsection (b), only the provisions of subparagraph (A) thereof shall be applicable." (3)(A) Section 215(f)(3) of such Act is amended to read as follows: "(3)(A) Upon application by an individual— Poat, p. 1079. "(i) who became (without the application of section 202(j) 42 USC 402. (1)) entitled to old-age insurance benefits under section 202 (a; after August 1954, or "(ii) whose primary insurance amount was recomputed under Poat, pp. 1068, section 102(e)(5) or 102 (f)(2)(B) of the Social Security 1071. Amendments of 1954, or !lli;|il>-vii*j ! J,