Page:United States Statutes at Large Volume 72 Part 1.djvu/1069

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[72 Stat. 1027]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1027]

72 S T A T. ]

PUBLIC LAW 8 6 - 8 4 0 - A U G. 28, 1968

1027

Widow's Insurance Benefits (b)(1) Subparagraph (B) of section 202(e)(3) of such Act is *2 USC 402. amended by striking out "but she is not his widow (as defined in section 216(c)) " and inserting in lieu thereof "which occurs within one 42 USC 4i6. year after such marriage and he did not die a fully insured individual". (2) Section 216(c) of such Act is amended to read as follows: "(c) The term 'widow' (except when used in section 202(i)) means Post, p. 1030. the surviving wife of an individual, but only if (1) she is the mother of his son or daughter, (2) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (3) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (4) she was married to him at the time both of them legally adopted a child under the age of eighteen, (5) she was married to him for a period of not less than one year immediately prior to the day on which he died, or (6) in the month prior to the month of her marriage to him (A) she was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 202, or (B) she had attained age eighteen and was entitled to, ^"^e- P- ^^H^g or on application therefor would have been entitled to, benefits under 1031? fo?!.* subsection (d) of such section." Widower's Insurance Benefits (c)(1) Section 202(f) of such Act is amended by redesignating paragraph (2) as paragraph (3) and by adding after paragraph (1) the following new paragraph: "(2) The requirement in paragraph (1) that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph, shall not be applicable in the case of any individual who— " (A) in the month prior to the month of his marriage to such individual w as entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under this subsection or subsection (h); or " (B) in the month prior to the month of his marriage to such individual had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d). " (2) Section 216(g) of such Act is amended to read as follows: " (g) The term 'widower' (except when used in section 202(i)) means the surviving husband of an individual, but only if (1) he is the father of her son or daughter, (2) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (3) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (4) he was married to her at the time both of them legally adopted a child under the age of eighteen, (5) lie was married to her for a period of not less than one year immediately prior to the day on which she died, or (6) in the month before the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 202, or (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section."

Poil; p*. loii!

^2 USC 416.