Page:United States Statutes at Large Volume 70.djvu/888

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
[70 Stat. 832]
[70 Stat. 832]


42 USC 416.

PUBLIC liAW 880-AUG. 1, 1956



" (B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not his widow (as defined in section 216(c)), the marriage to the individual referred to in clause (A) shall, for purposes of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow files application for purposes of this paragraph, or (iii) November 1956." EXTENSION OF PERIOD FOR FILING PROOF OF SUPPORT AND APPLICATIONS FOR LUMP-SUM DEATH PAYMENT

42 USC 402.

SEC. 114. (a) Section 202 of the Social Security Act is amended by inserting after subsection (o) the following new subsection: "Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment

" (p) In any case in which there is a failure— "(1) to file proof of support under subpar^rgraph (D) of subsection (c)(1), clause (i) or (ii) of subparagraph (E) of subsection (f)(1), or subparagraph (B) of subsection (h)(1), or under clause (B) of subsection (f)(1) of this section as in effect prior 42us^*3oinote. ^ ^^^ Social Security Act Amendments of 1950 within the period prescribed by such subparagraph or clause, or "(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security Act Amendments of 1950, within the period prescribed by such subsection, and it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application, as the case may be, within such period, such proof or application shall be deemed to have been filed within such period if it is filed within two years following such period or within two years following August 1956, whichever is later. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary." (b) The amendment made by subsection (a) shall apply in the case of lump-sum death payments under title II of the Social Security Act, and monthly benefits under such title for months after August 1956, based on applications filed after August 1956. COMPUTATION OF AVERAGE MONTHLY WAGE

42 USC 415.

gjj^j 115 (a) Section 215(b)(1) of the Social Security Act is amended to read as follows: " (b)(1) An individual's 'average monthly wage' shall be the quotient obtained by dividing the total of his wages and self-employment income after his starting date (determined under paragraph (2)) and prior to his closing date (determined under paragraph (3)), by the number of months elapsing after such starting date and prior to such closing date, excluding from such elapsed monUis— " (A) the months in any year prior to the year in which he attained the age of twenty-two if less than two quarters of such prior year were quarters of coverage, and