PUBLIC LAW 95-216—DEC. 20, 1977
91 STAT. 1517
"(B) For purposes of this title, an individual is deemed to be Eligibility, eligible— "(i) for old-age insurance benefits, for months beginning with the month in which he attains age 62, or "(ii) for disability insurance benefits, for months beginning with the month in which his period of disability began as provided under section 216(i)(2)(C), 42 USC 416. except as provided in paragraph (2)(A) in cases where fewer than 12 months have elapsed since the termination of a prior period of disability. "(4) Paragraph (1) (except for subparagraph (C)(i) (II) thereof) Limitations. does not apply to the computation or recomputation of a primary insurance amount for— "(A) an individual who was eligible for a disability insurance benefit for a month prior to January 1979 unless, prior to the month in which occurs the event described in clause (i), (ii), or (iii) of paragraph (3)(A), there occurs a period of at least 12 consecutive months for which he was not entitled to a disability insurance benefit, or "(B) an individual who had wages or self-employment income credited for one or more years prior to 1979, and who was not eligible; for an old-age or disability insurance benefit, and did not die, prior to January 1979, if in the year for which the computation or recommendation would be made the individual's primary insurance amount would be greater if computed or recomputed— "(i) tinder section 215(a) as in effect in December 1978, for purposes of old-age insurance benefits in the case of an individual who becomes eligible for such benefits prior to 1984, or " (ii) as provided by section 215(d), in the case of an individual Post, pp. 1519. 1520. to whom such section applies. In determining whether an individual's primary insurance amount would be greater if computed or recomputed as provided in subparagraph (B), (I) the table of benefits in effect in December 1978 shall be applied without regard to any increases in that table which may' become effective (in accordance with subsection (i)(4)) for years after 1978 (subject to clause (iii) of subsection (i)(2)(A) but without regard to clauses (iv) and (v) thereof) and ( II) such individual's average monthly wage shall be computed as provided by subsection (b)(4). "(5) For purposes of computinsr the primary insurance amount (after December 1978) of an individual to whom paragraph (1) does not applv (other than an individual described in paragraph (4)(B)), this section as in effect in December 1978 shall remain in effect, except that, effective for January 1979, the dollar amount specified in paragraph (3) of subsection (a) shall be increased to $11.50, The table for determining primary insurance amounts and maximum family benefits contained in this section in December 1978 shall be revised as provided by subsection (i) for each year after 1978.". (b) Section 215(b) of such Act is amended to read as follows: 42 USC 415. "Average Indexed Monthly Earnings; Average Monthly "Wage "(b)(1) An individual's average indexed monthly earnings shall be equal to the ouotient obtained by dividing— "(A) the total (after adjustment under paragraph (3)) of his wages paid in and self-employment income credited to his benefit computation years (determined under paragraph (2)), by " (B) the number of months in those years.
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