42 U.S.C. § 402 — Old-age and survivors insurance benefit

Page 1817 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ‘‘(3) As used in this subsection, the term ‘Trust Funds’ has the meaning given it in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)].’’ ADVANCES FROM TRUST FUNDS FOR ADMINISTRATIVE PURPOSES; FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED FIS- CAL YEAR Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of section 305(b) of Pub. L. 92–603, set out as a note above, relating to advances from trust funds for administrative pur- poses, see section 201(11) of Pub. L. 94–274, title II, Apr. 21, 1976, 90 Stat. 390, set out as a note under section 343 of Title 7, Agriculture. GIFTS AND BEQUESTS FOR THE USE OF THE UNITED STATES AND FOR EXCLUSIVELY PUBLIC PURPOSES Pub. L. 92–603, title I, § 132(g), Oct. 30, 1972, 86 Stat. 1361, provided that: ‘‘For the purpose of Federal in- come, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Fed- eral Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund, or to the Department of Health, Education, and Welfare [now Health and Human Services], or any part or officer thereof, for the benefit of any of such Funds or any ac- tivity financed through any of such Funds, which is ac- cepted by the Managing Trustee of such Trust Funds under the authority of section 201(i) of the Social Secu- rity Act [42 U.S.C. 401(i)], shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes.’’ TAXES ON SERVICES RENDERED BY EMPLOYEES OF INTERNATIONAL ORGANIZATIONS PRIOR TO JAN. 1, 1946 Act Dec. 29, 1945, ch. 652, title I, § 5(b), 59 Stat. 671, prohibited collection of tax under title VIII or IX of the Social Security Act or under the Federal Insurance Contributions Act or the Federal Unemployment Tax Act with respect to services rendered prior to January 1, 1946, which were described in paragraph (16) of sec- tions 1426(b) and 1607(c) of the Internal Revenue Code of 1939, and authorized refund of taxes collected. Executive Documents EXECUTIVE ORDER NO. 12335 Ex. Ord. No. 12335, Dec. 16, 1981, 46 F.R. 61633, as amended by Ex. Ord. No. 12397, Dec. 23, 1982, 47 F.R. 57651; Ex. Ord. No. 12402, Jan. 15, 1983, 48 F.R. 2311, which established the National Commission on Social Security Reform and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 401a. Omitted Editorial Notes CODIFICATION Section, acts Aug. 1, 1956, ch. 836, title I, § 116, 70 Stat. 833; Sept. 13, 1966, Pub. L. 86–778, title VII, § 704, 74 Stat. 994; July 30, 1965, Pub. L. 89–97, title I, § 109(b), 79 Stat. 340, which established an initial Advisory Council on Social Security Financing to review the status of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in re- lation to long term commitments to old-age, survivors, and disability insurance programs, appointed personnel and provided for their compensation, required a report of the findings and recommendations of the Council to be submitted to the Secretary of the Board of Trustees of the abovementioned Trust Funds not later than Jan. 1, 1959, at which time the Council terminated, provided for subsequent Advisory Councils to be appointed in 1963, 1966, and every fifth year thereafter and to submit reports to Congress, and required additional informa- tion be included in these reports, was omitted in view of the termination of the initial Advisory Council on submission of their report not later than Jan. 1, 1959, the repeal of subsec. (e) by Pub. L. 89–97, title I, § 109(b), July 30, 1965, 79 Stat. 340, which provided for the subse- quent Advisory Councils, and the obsolescence of sub- sec. (f), which provided for additional information in reports to Congress, upon the repeal of subsec. (e). § 402. Old-age and survivors insurance benefit payments (a) Old-age insurance benefits Every individual who— (1) is a fully insured individual (as defined in section 414(a) of this title), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has at- tained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has at- tained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such indi- vidual meets the criteria specified in para- graphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in sub- section (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as de- fined in section 415(a) of this title) for such month. (b) Wife’s insurance benefits (1) The wife (as defined in section 416(b) of this title) and every divorced wife (as defined in sec- tion 416(d) of this title) of an individual entitled to old-age or disability insurance benefits, if such wife or such divorced wife— (A) has filed application for wife’s insurance benefits, (B)(i) has attained age 62, or (ii) in the case of a wife, has in her care (in- dividually or jointly with such individual) at the time of filing such application a child enti- tled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, (C) in the case of a divorced wife, is not mar- ried, and (D) is not entitled to old-age or disability in- surance benefits, or is entitled to old-age or disability insurance benefits based on a pri- mary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wife’s insurance benefit for each month, begin- ning with— Page 1818 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 (i) in the case of a wife or divorced wife (as so defined) of an individual entitled to old-age benefits, if such wife or divorced wife has at- tained retirement age (as defined in section 416(l) of this title), the first month in which she meets the criteria specified in subpara- graphs (A), (B), (C), and (D), or (ii) in the case of a wife or divorced wife (as so defined) of— (I) an individual entitled to old-age insur- ance benefits, if such wife or divorced wife has not attained retirement age (as defined in section 416(l) of this title), or (II) an individual entitled to disability in- surance benefits, the first month throughout which she is such a wife or divorced wife and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month she meets the criterion speci- fied in subparagraph (A)), whichever is earlier, and ending with the month preceding the month in which any of the fol- lowing occurs— (E) she dies, (F) such individual dies, (G) in the case of a wife, they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 10 years immediately before the date the divorce became effective, (H) in the case of a divorced wife, she mar- ries a person other than such individual, (I) in the case of a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, (J) she becomes entitled to an old-age or dis- ability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or (K) such individual is not entitled to dis- ability insurance benefits and is not entitled to old-age insurance benefits. (2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a di- vorced wife, her former husband) for such month. (3) In the case of any divorced wife who mar- ries— (A) an individual entitled to benefits under subsection (c), (f), (g), or (h) of this section, or (B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) (but subject to sub- section (s)), not be terminated by reason of such marriage. (4)(A) Notwithstanding the preceding provi- sions of this subsection, except as provided in subparagraph (B), the divorced wife of an indi- vidual who is not entitled to old-age or dis- ability insurance benefits, but who has attained age 62 and is a fully insured individual (as de- fined in section 414 of this title), if such divorced wife— (i) meets the requirements of subparagraphs (A) through (D) of paragraph (1), and (ii) has been divorced from such insured indi- vidual for not less than 2 years, shall be entitled to a wife’s insurance benefit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Commissioner of Social Security) in the manner otherwise provided for wife’s insurance benefits under this subsection, as if such insured indi- vidual had become entitled to old-age insurance benefits on the date on which the divorced wife first meets the criteria for entitlement set forth in clauses (i) and (ii). (B) A wife’s insurance benefit provided under this paragraph which has not otherwise termi- nated in accordance with subparagraph (E), (F), (H), or (J) of paragraph (1) shall terminate with the month preceding the first month in which the insured individual is no longer a fully in- sured individual. (c) Husband’s insurance benefits (1) The husband (as defined in section 416(f) of this title) and every divorced husband (as de- fined in section 416(d) of this title) of an indi- vidual entitled to old-age or disability insurance benefits, if such husband or such divorced hus- band— (A) has filed application for husband’s insur- ance benefits, (B)(i) has attained age 62, or (ii) in the case of a husband, has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment in- come of such individual, (C) in the case of a divorced husband, is not married, and (D) is not entitled to old-age or disability in- surance benefits, or is entitled to old-age or disability insurance benefits based on a pri- mary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a husband’s insurance benefit for each month, be- ginning with— (i) in the case of a husband or divorced hus- band (as so defined) of an individual who is en- titled to an old-age insurance benefit, if such husband or divorced husband has attained re- tirement age (as defined in section 416(l) of this title), the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D), or (ii) in the case of a husband or divorced hus- band (as so defined) of— (I) an individual entitled to old-age insur- ance benefits, if such husband or divorced husband has not attained retirement age (as defined in section 416(l) of this title), or (II) an individual entitled to disability in- surance benefits, the first month throughout which he is such a husband or divorced husband and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month he meets the cri- terion specified in subparagraph (A)), Page 1819 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 whichever is earlier, and ending with the month preceding the month in which any of the fol- lowing occurs: (E) he dies, (F) such individual dies, (G) in the case of a husband, they are di- vorced and either (i) he has not attained age 62, or (ii) he has attained age 62 but has not been married to such individual for a period of 10 years immediately before the divorce be- came effective, (H) in the case of a divorced husband, he marries a person other than such individual, (I) in the case of a husband who has not at- tained age 62, no child of such individual is en- titled to a child’s insurance benefit, (J) he becomes entitled to an old-age or dis- ability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or (K) such individual is not entitled to dis- ability insurance benefits and is not entitled to old-age insurance benefits. (2) Except as provided in subsection (q), such husband’s insurance benefit for each month shall be equal to one-half of the primary insur- ance amount of his wife (or, in the case of a di- vorced husband, his former wife) for such month. (3) In the case of any divorced husband who marries— (A) an individual entitled to benefits under subsection (b), (e), (g), or (h) of this section, or (B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), by reason of paragraph (1)(B)(ii) thereof, such divorced husband’s entitlement to benefits under this subsection, notwithstanding the pro- visions of paragraph (1) (but subject to sub- section (s)), shall not be terminated by reason of such marriage. (4)(A) Notwithstanding the preceding provi- sions of this subsection, except as provided in subparagraph (B), the divorced husband of an in- dividual who is not entitled to old-age or dis- ability insurance benefits, but who has attained age 62 and is a fully insured individual (as de- fined in section 414 of this title), if such divorced husband— (i) meets the requirements of subparagraphs (A) through (D) of paragraph (1), and (ii) has been divorced from such insured indi- vidual for not less than 2 years, shall be entitled to a husband’s insurance ben- efit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Commissioner of Social Security) in the manner otherwise provided for husband’s insur- ance benefits under this subsection, as if such insured individual had become entitled to old- age insurance benefits on the date on which the divorced husband first meets the criteria for en- titlement set forth in clauses (i) and (ii). (B) A husband’s insurance benefit provided under this paragraph which has not otherwise terminated in accordance with subparagraph (E), (F), (H), or (J) of paragraph (1) shall termi- nate with the month preceding the first month in which the insured individual is no longer a fully insured individual. (d) Child’s insurance benefits (1) Every child (as defined in section 416(e) of this title) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual, if such child— (A) has filed application for child’s insurance benefits, (B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time elementary or secondary school student and had not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) which began before he attained the age of 22, and (C) was dependent upon such individual— (i) if such individual is living, at the time such application was filed, (ii) if such individual has died, at the time of such death, or (iii) if such individual had a period of dis- ability which continued until he became en- titled to old-age or disability insurance ben- efits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits, shall be entitled to a child’s insurance benefit for each month, beginning with— (i) in the case of a child (as so defined) of such an individual who has died, the first month in which such child meets the criteria specified in subparagraphs (A), (B), and (C), or (ii) in the case of a child (as so defined) of an individual entitled to an old-age insurance benefit or to a disability insurance benefit, the first month throughout which such child is a child (as so defined) and meets the criteria specified in subparagraphs (B) and (C) (if in such month he meets the criterion specified in subparagraph (A)), whichever is earlier, and ending with the month preceding whichever of the following first oc- curs— (D) the month in which such child dies, or marries, (E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he at- tains such age, and (ii) is not a full-time ele- mentary or secondary school student during any part of such month, (F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier of— (i) the first month during no part of which he is a full-time elementary or secondary school student, or (ii) the month in which he attains the age of 19, but only if he was not under a disability (as so defined) in such earlier month; (G) if such child was under a disability (as so defined) at the time he attained the age of 18 or if he was not under a disability (as so de- fined) at such time but was under a disability (as so defined) at or prior to the time he at- tained (or would attain) the age of 22— Page 1820 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 (i) the termination month, subject to sec- tion 423(e) of this title (and for purposes of this subparagraph, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an indi- vidual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with re- spect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is deter- mined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity), or (if later) the earlier of— (ii) the first month during no part of which he is a full-time elementary or secondary school student, or (iii) the month in which he attains the age of 19, but only if he was not under a disability (as so defined) in such earlier month; or (H) if the benefits under this subsection are based on the wages and self-employment in- come of a stepparent who is subsequently di- vorced from such child’s natural parent, the month after the month in which such divorce becomes final. Entitlement of any child to benefits under this subsection on the basis of the wages and self-em- ployment income of an individual entitled to disability insurance benefits shall also end with the month before the first month for which such individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month. No payment under this paragraph may be made to a child who would not meet the definition of disability in section 423(d) of this title except for paragraph (1)(B) thereof for any month in which he engages in substantial gain- ful activity. (2) Such child’s insurance benefit for each month shall, if the individual on the basis of whose wages and self-employment income the child is entitled to such benefit has not died prior to the end of such month, be equal to one- half of the primary insurance amount of such in- dividual for such month. Such child’s insurance benefit for each month shall, if such individual has died in or prior to such month, be equal to three-fourths of the primary insurance amount of such individual. (3) A child shall be deemed dependent upon his father or adopting father or his mother or adopt- ing mother at the time specified in paragraph (1)(C) of this subsection unless, at such time, such individual was not living with or contrib- uting to the support of such child and— (A) such child is neither the legitimate nor adopted child of such individual, or (B) such child has been adopted by some other individual. For purposes of this paragraph, a child deemed to be a child of a fully or currently insured indi- vidual pursuant to section 416(h)(2)(B) or section 416(h)(3) of this title shall be deemed to be the legitimate child of such individual. (4) A child shall be deemed dependent upon his stepfather or stepmother at the time specified in paragraph (1)(C) of this subsection if, at such time, the child was receiving at least one-half of his support from such stepfather or stepmother. (5) In the case of a child who has attained the age of eighteen and who marries— (A) an individual entitled to benefits under subsection (a), (b), (c), (e), (f), (g), or (h) of this section or under section 423(a) of this title, or (B) another individual who has attained the age of eighteen and is entitled to benefits under this subsection, such child’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) but subject to subsection (s), not be terminated by reason of such marriage. (6) A child whose entitlement to child’s insur- ance benefits on the basis of the wages and self- employment income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become en- titled to such benefits (provided no event speci- fied in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he— (A)(i) is a full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not at- tained the age of 22, or (B) is under a disability (as so defined) which began (i) before the close of the 84th month following the month in which his most recent entitlement to child’s insurance benefits ter- minated because he ceased to be under such disability, or (ii) after the close of the 84th month following the month in which his most recent entitlement to child’s insurance bene- fits terminated because he ceased to be under such disability due to performance of substan- tial gainful activity, but only if he has filed application for such re- entitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: (C) the first month in which an event speci- fied in paragraph (1)(D) occurs; (D) the earlier of (i) the first month during no part of which he is a full-time elementary or secondary school student or (ii) the month in which he attains the age of 19, but only if he is not under a disability (as so defined) in such earlier month; or (E) if he was under a disability (as so de- fined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title, or (if later) the earlier of— (i) the first month during no part of which he is a full-time elementary or secondary school student, or (ii) the month in which he attains the age of 19. Page 1821 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 1 See References in Text note below. (7) For the purposes of this subsection— (A) A ‘‘full-time elementary or secondary school student’’ is an individual who is in full- time attendance as a student at an elementary or secondary school, as determined by the Commissioner of Social Security (in accord- ance with regulations prescribed by the Com- missioner) in the light of the standards and practices of the schools involved, except that no individual shall be considered a ‘‘full-time elementary or secondary school student’’ if he is paid by his employer while attending an ele- mentary or secondary school at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a ‘‘full- time elementary or secondary school student’’ for the purpose of this section while that indi- vidual is confined in a jail, prison, or other penal institution or correctional facility, pur- suant to his conviction of an offense (com- mitted after the effective date of this sen- tence 1 ) which constituted a felony under ap- plicable law. An individual who is determined to be a full-time elementary or secondary school student shall be deemed to be such a student throughout the month with respect to which such determination is made. (B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time elementary or secondary school student during any period of nonattendance at an elementary or secondary school at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Commissioner of Social Security that he intends to continue to be in full-time attendance at an elementary or secondary school immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the begin- ning of such period) if he is in full-time at- tendance at an elementary or secondary school immediately following such period. (C)(i) An ‘‘elementary or secondary school’’ is a school which provides elementary or sec- ondary education, respectively, as determined under the law of the State or other jurisdic- tion in which it is located. (ii) For the purpose of determining whether a child is a ‘‘full-time elementary or sec- ondary school student’’ or ‘‘intends to con- tinue to be in full-time attendance at an ele- mentary or secondary school’’, within the meaning of this subsection, there shall be dis- regarded any education provided, or to be pro- vided, beyond grade 12. (D) A child who attains age 19 at a time when he is a full-time elementary or sec- ondary school student (as defined in subpara- graph (A) of this paragraph and without appli- cation of subparagraph (B) of such paragraph) but has not (at such time) completed the re- quirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) shall be deemed (for purposes of determining whether his entitlement to benefits under this sub- section has terminated under paragraph (1)(F) and for purposes of determining his initial en- titlement to such benefits under clause (i) of paragraph (1)(B)) not to have attained such age until the first day of the first month fol- lowing the end of the quarter or semester in which he is enrolled at such time (or, if the el- ementary or secondary school (as defined in this paragraph) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs). (8) In the case of— (A) an individual entitled to old-age insur- ance benefits (other than an individual re- ferred to in subparagraph (B)), or (B) an individual entitled to disability insur- ance benefits, or an individual entitled to old- age insurance benefits who was entitled to dis- ability insurance benefits for the month pre- ceding the first month for which he was enti- tled to old-age insurance benefits, a child of such individual adopted after such in- dividual became entitled to such old-age or dis- ability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— (C) is the natural child or stepchild of such individual (including such a child who was le- gally adopted by such individual), or (D)(i) was legally adopted by such individual in an adoption decreed by a court of com- petent jurisdiction within the United States, and (ii) in the case of a child who attained the age of 18 prior to the commencement of pro- ceedings for adoption, 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. (9)(A) A child who is a child of an individual under clause (3) of the first sentence of section 416(e) of this title and is not a child of such indi- vidual under clause (1) or (2) of such first sen- tence shall be deemed not to be dependent on such individual at the time specified in subpara- graph (1)(C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least one-half of his support from such individual (I) for the year immediately before the month in which such in- dividual became entitled to old-age insurance benefits or disability insurance benefits or died, or (II) if such individual had a period of dis- ability which continued until he had become en- titled to old-age insurance benefits, or disability insurance benefits, or died, for the year imme- diately before the month in which such period of disability began, and (ii) the period during which such child was living with such individual began before the child attained age 18. (B) In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one- half of his support from such individual, such child shall be deemed to meet such requirements Page 1822 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substan- tially all of the period which begins on the date of such child’s birth. (10) For purposes of paragraph (1)(H)— (A) each stepparent shall notify the Commis- sioner of Social Security of any divorce upon such divorce becoming final; and (B) the Commissioner shall annually notify any stepparent of the rule for termination de- scribed in paragraph (1)(H) and of the require- ment described in subparagraph (A). (e) Widow’s insurance benefits (1) The widow (as defined in section 416(c) of this title) and every surviving divorced wife (as defined in section 416(d) of this title) of an indi- vidual who died a fully insured individual, if such widow or such surviving divorced wife— (A) is not married, (B)(i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423(d) of this title) which began before the end of the period specified in paragraph (4), (C)(i) has filed application for widow’s insur- ance benefits, (ii) was entitled to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month pre- ceding the month in which such individual died, and— (I) has attained retirement age (as defined in section 416(l) of this title), (II) is not entitled to benefits under sub- section (a) or section 423 of this title, or (III) has in effect a certificate (described in paragraph (8)) filed by her with the Commis- sioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which she elects to re- ceive widow’s insurance benefits (subject to reduction as provided in subsection (q)), or (iii) was entitled, on the basis of such wages and self-employment income, to mother’s in- surance benefits for the month preceding the month in which she attained retirement age (as defined in section 416(l) of this title), and (D) is not entitled to old-age insurance bene- fits or is entitled to old-age insurance benefits each of which is less than the primary insur- ance amount (as determined after application of subparagraphs (B) and (C) of paragraph (2)) of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with— (E) if she satisfies subparagraph (B) by rea- son of clause (i) thereof, the first month in which she becomes so entitled to such insur- ance benefits, or (F) if she satisfies subparagraph (B) by rea- son of clause (ii) thereof— (i) the first month after her waiting period (as defined in paragraph (5)) in which she be- comes so entitled to such insurance benefits, or (ii) the first month during all of which she is under a disability and in which she be- comes so entitled to such insurance benefits, but only if she was previously entitled to in- surance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (4) and (II) after the month in which a previous entitlement to such bene- fits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding the pri- mary insurance amount (as determined after ap- plication of subparagraphs (B) and (C) of para- graph (2)) of such deceased individual, or, if she became entitled to such benefits before she at- tained age 60, subject to section 423(e) of this title, the termination month (unless she attains retirement age (as defined in section 416(l) of this title) on or before the last day of such ter- mination month). For purposes of the preceding sentence, the termination month for any indi- vidual shall be the third month following the month in which her disability ceases; except that, in the case of an individual who has a pe- riod of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling phys- ical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which she engages or is determined able to engage in substantial gainful activity. (2)(A) Except as provided in subsection (q) and subparagraph (D) of this paragraph, such wid- ow’s insurance benefit for each month shall be equal to the primary insurance amount (as de- termined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. (B)(i) For purposes of this subsection, in any case in which such deceased individual dies be- fore attaining age 62 and section 415(a)(1) of this title (as in effect after December 1978) is applica- ble in determining such individual’s primary in- surance amount— (I) such primary insurance amount shall be determined under the formula set forth in sec- tion 415(a)(1)(B)(i) and (ii) of this title which is applicable to individuals who initially become eligible for old-age insurance benefits in the second year after the year specified in clause (ii), (II) the year specified in clause (ii) shall be substituted for the second calendar year speci- fied in section 415(b)(3)(A)(ii)(I) of this title, and (III) such primary insurance amount shall be increased under section 415(i) of this title as if it were the primary insurance amount referred to in section 415(i)(2)(A)(ii)(II) of this title, ex- cept that it shall be increased only for years beginning after the first year after the year specified in clause (ii). Page 1823 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 (ii) The year specified in this clause is the ear- lier of— (I) the year in which the deceased individual attained age 60, or would have attained age 60 had he lived to that age, or (II) the second year preceding the year in which the widow or surviving divorced wife first meets the requirements of paragraph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later. (iii) This subparagraph shall apply with re- spect to any benefit under this subsection only to the extent its application does not result in a primary insurance amount for purposes of this subsection which is less than the primary insur- ance amount otherwise determined for such de- ceased individual under section 415 of this title. (C) If such deceased individual was (or upon application would have been) entitled to an old- age insurance benefit which was increased (or subject to being increased) on account of de- layed retirement under the provisions of sub- section (w), then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (in- creased, where applicable, under paragraph (5) or (6) of section 415(f) of this title and under sec- tion 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon ap- plication have received) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the conditions in paragraph (2) of such subsection (w). (D) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow’s insurance benefits under this sub- section) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow’s insurance benefit of such widow or surviving di- vorced wife for any month shall, if the amount of the widow’s insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of sub- section (q)) is greater than— (i) the amount of the old-age insurance ben- efit to which such deceased individual would have been entitled (after application of sub- section (q)) for such month if such individual were still living and paragraph (5) or (6) of sec- tion 415(f) of this title were applied, where ap- plicable, and (ii) 821⁄2 percent of the primary insurance amount (as determined without regard to sub- paragraph (C)) of such deceased individual, be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii). (3) For purposes of paragraph (1), if— (A) a widow or surviving divorced wife mar- ries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection), or (B) a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50, such marriage shall be deemed not to have oc- curred. (4) The period referred to in paragraph (1)(B)(ii), in the case of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: (A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employ- ment income her benefits are or would be based, or (B) the last month for which she was enti- tled to mother’s insurance benefits on the basis of the wages and self-employment in- come of such individual, or (C) the month in which a previous entitle- ment to widow’s insurance benefits on the basis of such wages and self-employment in- come terminated because her disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. (5)(A) The waiting period referred to in para- graph (1)(F), in the case of any widow or sur- viving divorced wife, is the earliest period of five consecutive calendar months— (i) throughout which she has been under a disability, and (ii) which begins not earlier than with whichever of the following is the later: (I) the first day of the seventeenth month before the month in which her application is filed, or (II) the first day of the fifth month before the month in which the period specified in para- graph (4) begins. (B) For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widow or surviving di- vorced wife is first eligible for supplemental se- curity income benefits under subchapter XVI, or State supplementary payments of the type re- ferred to in section 1382e(a) of this title (or pay- ments of the type described in section 212(a) of Public Law 93–66) which are paid by the Com- missioner of Social Security under an agree- ment referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subpara- graph (A) have been met. (6) In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under sec- tion 102(g) of the Social Security Amendments of 1972, such benefits shall not be redetermined pursuant to such section, but shall be increased pursuant to any general benefit increase (as de- fined in section 415(i)(3) of this title) or any in- crease in benefits made under or pursuant to section 415(i) of this title, including for this pur- pose the increase provided effective for March Page 1824 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 2 So in original. The comma probably should not appear. 1974, as though such redetermination had been made. (7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III) shall be effective for purposes of this subsection— (A) for the month in which it is filed and for any month thereafter, and (B) for months, in the period designated by the individual filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed; except that such certificate shall not be effec- tive for any month before the month in which she attains age 62. (8) An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental se- curity income benefits under subchapter XVI, or State supplementary payments of the type re- ferred to in section 1382e(a) of this title (or pay- ments of the type described in section 212(a) of Public Law 93–66) which are paid by the Com- missioner of Social Security under an agree- ment referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this sub- section (other than being under a disability) are met. (f) Widower’s insurance benefits (1) The widower (as defined in section 416(g) of this title) and every surviving divorced husband (as defined in section 416(d) of this title) of an individual who died a fully insured individual, if such widower or such surviving divorced hus- band— (A) is not married, (B)(i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423(d) of the title) which began before the end of the period specified in paragraph (4), (C)(i) has filed application for widower’s in- surance benefits, (ii) was entitled to husband’s insurance ben- efits, on the basis of the wages and self-em- ployment income of such individual, for the month preceding the month in which such in- dividual died, and— (I) has attained retirement age (as defined in section 416(l) of this title), (II) is not entitled to benefits under sub- section (a) or section 423 of this title, or (III) has in effect a certificate (described in paragraph (8)) filed by him with the Commis- sioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which he elects to re- ceive widower’s insurance benefits (subject to reduction as provided in subsection (q)), or (iii) was entitled, on the basis of such wages and self-employment income, to father’s insur- ance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), and (D) is not entitled to old-age insurance bene- fits, or is entitled to old-age insurance bene- fits each of which is less than the primary in- surance amount (as determined after applica- tion of subparagraphs (B) and (C) of paragraph (3)) of such deceased individual, shall be entitled to a widower’s insurance ben- efit for each month, beginning with— (E) if he satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which he becomes so entitled to such insurance bene- fits, or (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof— (i) the first month after his waiting period (as defined in paragraph (5)) in which he be- comes so entitled to such insurance benefits, or (ii) the first month during all of which he is under a disability and in which he be- comes so entitled to such insurance benefits, but only if he was previously entitled to in- surance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (4) and (II) after the month in which a previous entitlement to such bene- fits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old- age insurance benefit equal to or exceeding the primary insurance amount (as determined after application of subparagraphs (B) and (C) of para- graph (3)) 1 of such deceased individual, or, if he became entitled to such benefits before he at- tained age 60, subject to section 423(e) of this title, the termination month (unless he attains retirement age (as defined in section 416(l) of this title) on or before the last day of such ter- mination month). For purposes of the preceding sentence, the termination month for any indi- vidual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a pe- riod of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling phys- ical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity. (2)(A) Except as provided in subsection (q), 2 and subparagraph (D) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. (B)(i) For purposes of this subsection, in any case in which such deceased individual dies be- fore attaining age 62 and section 415(a)(1) of this Page 1825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 title (as in effect after December 1978) is applica- ble in determining such individual’s primary in- surance amount— (I) such primary insurance amount shall be determined under the formula set forth in sec- tion 415(a)(1)(B)(i) and (ii) of this title which is applicable to individuals who initially become eligible for old-age insurance benefits in the second year after the year specified in clause (ii), (II) the year specified in clause (ii) shall be substituted for the second calendar year speci- fied in section 415(b)(3)(A)(ii)(I) of this title, and (III) such primary insurance amount shall be increased under section 415(i) of this title as if it were the primary insurance amount referred to in section 415(i)(2)(A)(ii)(II) of this title, ex- cept that it shall be increased only for years beginning after the first year after the year specified in clause (ii). (ii) The year specified in this clause is the ear- lier of— (I) the year in which the deceased individual attained age 60, or would have attained age 60 had she lived to that age, or (II) the second year preceding the year in which the widower or surviving divorced hus- band first meets the requirements of para- graph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later. (iii) This subparagraph shall apply with re- spect to any benefit under this subsection only to the extent its application does not result in a primary insurance amount for purposes of this subsection which is less than the primary insur- ance amount otherwise determined for such de- ceased individual under section 415 of this title. (C) If such deceased individual was (or upon application would have been) entitled to an old- age insurance benefit which was increased (or subject to being increased) on account of de- layed retirement under the provisions of sub- section (w), then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (in- creased, where applicable, under paragraph (5) or (6) of section 415(f) of this title and under sec- tion 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon ap- plication have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of such subsection (w). (D) If the deceased individual (on the basis of whose wages and self-employment income a wid- ower or surviving divorced husband is entitled to widower’s insurance benefits under this sub- section) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the wid- ower’s insurance benefit of such widower or sur- viving divorced husband for any month shall, if the amount of the widower’s insurance benefit of such widower or surviving divorced husband (as determined under subparagraph (A) and after application of subsection (q)) is greater than— (i) the amount of the old-age insurance ben- efit to which such deceased individual would have been entitled (after application of sub- section (q)) for such month if such individual were still living and paragraph (5) or (6) of sec- tion 415(f) of this title were applied, where ap- plicable, and (ii) 821⁄2 percent of the primary insurance amount (as determined without regard to sub- paragraph (C)) of such deceased individual; be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii). (3) For purposes of paragraph (1), if— (A) a widower or surviving divorced husband marries after attaining age 60 (or after attain- ing age 50 if he was entitled before such mar- riage occurred to benefits based on disability under this subsection), or (B) a disabled widower or surviving divorced husband described in paragraph (1)(B)(ii) mar- ries after attaining age 50, such marriage shall be deemed not to have oc- curred. (4) The period referred to in paragraph (1)(B)(ii), in the case of any widower or surviving divorced husband, is the period beginning with whichever of the following is the latest: (A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employ- ment income his benefits are or would be based, (B) the last month for which he was entitled to father’s insurance benefits on the basis of the wages and self-employment income of such individual, or (C) the month in which a previous entitle- ment to widower’s insurance benefits on the basis of such wages and self-employment in- come terminated because his disability had ceased, and ending with the month before the month in which he attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. (5)(A) The waiting period referred to in para- graph (1)(F), in the case of any widower or sur- viving divorced husband, is the earliest period of five consecutive calendar months— (i) throughout which he has been under a disability, and (ii) which begins not earlier than with whichever of the following is the later: (I) the first day of the seventeenth month before the month in which his application is filed, or (II) the first day of the fifth month before the month in which the period specified in para- graph (4) begins. (B) For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widower or surviving di- vorced husband is first eligible for supplemental security income benefits under subchapter XVI, Page 1826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Com- missioner of Social Security under an agree- ment referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subpara- graph (A) have been met. (6) In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under sec- tion 102(g) of the Social Security Amendments of 1972, such benefits shall not be redetermined pursuant to such section, but shall be increased pursuant to any general benefit increase (as de- fined in section 415(i)(3) of this title) or any in- crease in benefits made under or pursuant to section 415(i) of this title, including for this pur- pose the increase provided effective for March 1974, as though such redetermination had been made. (7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III) shall be effective for purposes of this subsection— (A) for the month in which it is filed and for any month thereafter, and (B) for months, in the period designated by the individual filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed; except that such certificate shall not be effec- tive for any month before the month in which he attains age 62. (8) An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental se- curity income benefits under subchapter XVI, or State supplementary payments of the type re- ferred to in section 1382e(a) of this title (or pay- ments of the type described in section 212(a) of Public Law 93–66) which are paid by the Com- missioner of Social Security under an agree- ment referred to in such section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a dis- ability) are met. (g) Mother’s and father’s insurance benefits (1) The surviving spouse and every surviving divorced parent (as defined in section 416(d) of this title) of an individual who died a fully or currently insured individual, if such surviving spouse or surviving divorced parent— (A) is not married, (B) is not entitled to a surviving spouse’s in- surance benefit, (C) is not entitled to old-age insurance bene- fits, or is entitled to old-age insurance bene- fits each of which is less than three-fourths of the primary insurance amount of such indi- vidual, (D) has filed application for mother’s or fa- ther’s insurance benefits, or was entitled to a spouse’s insurance benefit on the basis of the wages and self-employment income of such in- dividual for the month preceding the month in which such individual died, (E) at the time of filing such application has in his or her care a child of such individual en- titled to a child’s insurance benefit, and (F) in the case of a surviving divorced par- ent— (i) the child referred to in subparagraph (E) is his or her son, daughter, or legally adopted child, and (ii) the benefits referred to in such sub- paragraph are payable on the basis of such individual’s wages and self-employment in- come, shall (subject to subsection (s)) be entitled to a mother’s or father’s insurance benefit for each month, beginning with the first month in which he or she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following oc- curs: no child of such deceased individual is en- titled to a child’s insurance benefit, such sur- viving spouse or surviving divorced parent be- comes entitled to an old-age insurance benefit equal to or exceeding three-fourths of the pri- mary insurance amount of such deceased indi- vidual, he or she becomes entitled to a surviving spouse’s insurance benefit, he or she remarries, or he or she dies. Entitlement to such benefits shall also end, in the case of a surviving di- vorced parent, with the month immediately pre- ceding the first month in which no son, daugh- ter, or legally adopted child of such surviving di- vorced parent is entitled to a child’s insurance benefit on the basis of the wages and self-em- ployment income of such deceased individual. (2) Such mother’s or father’s insurance benefit for each month shall be equal to three-fourths of the primary insurance amount of such deceased individual. (3) In the case of a surviving spouse or sur- viving divorced parent who marries— (A) an individual entitled to benefits under this subsection or subsection (a), (b), (c), (e), (f), or (h), or under section 423(a) of this title, or (B) an individual who has attained the age of eighteen and is entitled to benefits under sub- section (d), the entitlement of such surviving spouse or sur- viving divorced parent to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) of this subsection but subject to subsection (s), not be terminated by reason of such marriage. (h) Parent’s insurance benefits (1) Every parent (as defined in this subsection) of an individual who died a fully insured indi- vidual, if such parent— (A) has attained age 62, (B)(i) was receiving at least one-half of his support from such individual at the time of such individual’s death or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and (ii) filed proof of such support with- in two years after the date of such death, or, if such individual had such a period of dis- Page 1827 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ability, within two years after the month in which such individual filed application with respect to such period of disability or two years after the date of such death, as the case may be, (C) has not married since such individual’s death, (D) is not entitled to old-age insurance bene- fits, or is entitled to old-age insurance bene- fits each of which is less than 821⁄2 percent of the primary insurance amount of such de- ceased individual if the amount of the parent’s insurance benefit for such month is deter- minable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case), and (E) has filed application for parent’s insur- ance benefits, shall be entitled to a parent’s insurance benefit for each month beginning with the first month after August 1950 in which such parent becomes so entitled to such parent’s insurance benefits and ending with the month preceding the first month in which any of the following occurs: such parent dies, marries, or becomes entitled to an old-age insurance benefit equal to or exceed- ing 821⁄2 percent of the primary insurance amount of such deceased individual if the amount of the parent’s insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case). (2)(A) Except as provided in subparagraphs (B) and (C), such parent’s insurance benefit for each month shall be equal to 821⁄2 percent of the pri- mary insurance amount of such deceased indi- vidual. (B) For any month for which more than one parent is entitled to parent’s insurance benefits on the basis of such deceased individual’s wages and self-employment income, such benefit for each such parent for such month shall (except as provided in subparagraph (C)) be equal to 75 per- cent of the primary insurance amount of such deceased individual. (C) In any case in which— (i) any parent is entitled to a parent’s insur- ance benefit for a month on the basis of a de- ceased individual’s wages and self-employment income, and (ii) another parent of such deceased indi- vidual is entitled to a parent’s insurance ben- efit for such month on the basis of such wages and self-employment income, and on the basis of an application filed after such month and after the month in which the application for the parent’s benefits referred to in clause (i) was filed, the amount of the parent’s insurance benefit of the parent referred to in clause (i) for the month referred to in such clause shall be determined under subparagraph (A) instead of subparagraph (B) and the amount of the parent’s insurance benefit of a parent referred to in clause (ii) for such month shall be equal to 150 percent of the primary insurance amount of the deceased indi- vidual minus the amount (before the application of section 403(a) of this title) of the benefit for such month of the parent referred to in clause (i). (3) As used in this subsection, the term ‘‘par- ent’’ means the mother or father of an indi- vidual, a stepparent of an individual by a mar- riage contracted before such individual attained the age of sixteen, or an adopting parent by whom an individual was adopted before he at- tained the age of sixteen. (4) In the case of a parent who marries— (A) an individual entitled to benefits under this subsection or subsection (b), (c), (e), (f), or (g), or (B) an individual who has attained the age of eighteen and is entitled to benefits under sub- section (d), such parent’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) of this subsection but subject to subsection (s), not be terminated by reason of such marriage. (i) Lump-sum death payments Upon the death, after August 1950, of an indi- vidual who died a fully or currently insured in- dividual, an amount equal to three times such individual’s primary insurance amount (as de- termined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to the repeal of the minimum benefit provisions), or an amount equal to $255, whichever is the smaller, shall be paid in a lump sum to the person, if any, determined by the Commissioner of Social Secu- rity to be the widow or widower of the deceased and to have been living in the same household with the deceased at the time of death. If there is no such person, or if such person dies before receiving payment, then such amount shall be paid— (1) to a widow (as defined in section 416(c) of this title) or widower (as defined in section 416(g) of this title) who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self- employment income of such insured indi- vidual, to benefits under subsection (e), (f), or (g) of this section for the month in which oc- curred such individual’s death; or (2) if no person qualifies for payment under paragraph (1), or if such person dies before re- ceiving payment, in equal shares to each per- son who is entitled (or would have been so en- titled had a timely application been filed), on the basis of the wages and self-employment in- come of such insured individual, to benefits under subsection (d) of this section for the month in which occurred such individual’s death. No payment shall be made to any person under this subsection unless application therefor shall have been filed, by or on behalf of such person (whether or not legally competent), prior to the expiration of two years after the date of death of such insured individual, or unless such person was entitled to wife’s or husband’s insurance benefits, on the basis of the wages and self-em- ployment income of such insured individual, for the month preceding the month in which such individual died. In the case of any individual who died outside the forty-eight States and the District of Columbia after December 1953 and be- Page 1828 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 fore January 1, 1957, whose death occurred while he was in the active military or naval service of the United States, and who is returned to any of such States, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa for interment or reinterment, the provisions of the preceding sentence shall not prevent payment to any person under the second sentence of this subsection if application for a lump-sum death payment with respect to such deceased indi- vidual is filed by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such in- terment or reinterment. In the case of any indi- vidual who died outside the fifty States and the District of Columbia after December 1956 while he was performing service, as a member of a uni- formed service, to which the provisions of sec- tion 410(l)(1) of this title are applicable, and who is returned to any State, or to any Territory or possession of the United States, for interment or reinterment, the provisions of the third sen- tence of this subsection shall not prevent pay- ment to any person under the second sentence of this subsection if application for a lump-sum death payment with respect to such deceased in- dividual is filed by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such in- terment or reinterment. (j) Application for monthly insurance benefits (1) Subject to the limitations contained in paragraph (4), an individual who would have been entitled to a benefit under subsection (a), (b), (c), (d), (e), (f), (g), or (h) for any month after August 1950 had he filed application therefor prior to the end of such month shall be entitled to such benefit for such month if he files appli- cation therefor prior to— (A) the end of the twelfth month imme- diately succeeding such month in any case where the individual (i) is filing application for a benefit under subsection (e) or (f), and satisfies paragraph (1)(B) of such subsection by reason of clause (ii) thereof, or (ii) is filing ap- plication for a benefit under subsection (b), (c), or (d) on the basis of the wages and self- employment income of a person entitled to disability insurance benefits, or (B) the end of the sixth month immediately succeeding such month in any case where sub- paragraph (A) does not apply. Any benefit under this subchapter for a month prior to the month in which application is filed shall be reduced, to any extent that may be nec- essary, so that it will not render erroneous any benefit which, before the filing of such applica- tion, the Commissioner of Social Security has certified for payment for such prior month. (2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid appli- cation (and shall be deemed to have been filed in such first month) only if the applicant satisfies the requirements for such benefits before the Commissioner of Social Security makes a final decision on the application and no request under section 405(b) of this title for notice and oppor- tunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (re- gardless of whether such decision becomes the final decision of the Commissioner of Social Se- curity). (3) Notwithstanding the provisions of para- graph (1), an individual may, at his option, waive entitlement to any benefit referred to in paragraph (1) for any one or more consecutive months (beginning with the earliest month for which such individual would otherwise be enti- tled to such benefit) which occur before the month in which such individual files application for such benefit; and, in such case, such indi- vidual shall not be considered as entitled to such benefits for any such month or months be- fore such individual filed such application. An individual shall be deemed to have waived such entitlement for any such month for which such benefit would, under the second sentence of paragraph (1), be reduced to zero. (4)(A) Except as provided in subparagraph (B), no individual shall be entitled to a monthly ben- efit under subsection (a), (b), (c), (e), or (f) for any month prior to the month in which he or she files an application for benefits under that subsection if the amount of the monthly benefit to which such individual would otherwise be en- titled for any such month would be subject to reduction pursuant to subsection (q). (B)(i) If the individual applying for retroactive benefits is a widow, surviving divorced wife, or widower and is under a disability (as defined in section 423(d) of this title), and such individual would, except for subparagraph (A), be entitled to retroactive benefits as a disabled widow or widower or disabled surviving divorced wife for any month before attaining the age of 60, then subparagraph (A) shall not apply with respect to such month or any subsequent month. (ii) Subparagraph (A) does not apply to a ben- efit under subsection (e) or (f) for the month im- mediately preceding the month of application, if the insured individual died in that preceding month. (iii) As used in this subparagraph, the term ‘‘retroactive benefits’’ means benefits to which an individual becomes entitled for a month prior to the month in which application for such bene- fits is filed. (5) In any case in which it is determined to the satisfaction of the Commissioner of Social Secu- rity that an individual failed as of any date to apply for monthly insurance benefits under this subchapter by reason of misinformation pro- vided to such individual by any officer or em- ployee of the Social Security Administration re- lating to such individual’s eligibility for bene- fits under this subchapter, such individual shall be deemed to have applied for such benefits on the later of— (A) the date on which such misinformation was provided to such individual, or (B) the date on which such individual met all requirements for entitlement to such bene- fits (other than application therefor). (k) Simultaneous entitlement to benefits (1) A child, entitled to child’s insurance bene- fits on the basis of the wages and self-employ- Page 1829 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ment income of an insured individual, who would be entitled, on filing application, to child’s insurance benefits on the basis of the wages and self-employment income of some other insured individual, shall be deemed enti- tled, subject to the provisions of paragraph (2) of this subsection, to child’s insurance benefits on the basis of the wages and self-employment in- come of such other individual if an application for child’s insurance benefits on the basis of the wages and self-employment income of such other individual has been filed by any other child who would, on filing application, be enti- tled to child’s insurance benefits on the basis of the wages and self-employment income of both such insured individuals. (2)(A) Any child who under the preceding pro- visions of this section is entitled for any month to child’s insurance benefits on the wages and self-employment income of more than one in- sured individual shall, notwithstanding such provisions, be entitled to only one of such child’s insurance benefits for such month. Such child’s insurance benefits for such month shall be the benefit based on the wages and self-em- ployment income of the insured individual who has the greatest primary insurance amount, ex- cept that such child’s insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) (without the application of section 403(a) of this title) or subsection (m) if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 403(a) of this title) than the benefit which would be applicable if such child were en- titled on the wages and self-employment income of the individual with the greatest primary in- surance amount. Where more than one child is entitled to child’s insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled on the wages and self-employment income of the same insured in- dividuals shall be entitled on the wages and self- employment income of the same such insured individual. (B) Any individual (other than an individual to whom subsection (e)(3) or (f)(3) applies) who, under the preceding provisions of this section and under the provisions of section 423 of this title, is entitled for any month to more than one monthly insurance benefit (other than an old- age or disability insurance benefit) under this subchapter shall be entitled to only one such monthly benefit for such month, such benefit to be the largest of the monthly benefits to which he (but for this subparagraph) would otherwise be entitled for such month. Any individual who is entitled for any month to more than one wid- ow’s or widower’s insurance benefit to which subsection (e)(3) or (f)(3) applies shall be entitled to only one such benefit for such month, such benefit to be the largest of such benefits. (3)(A) If an individual is entitled to an old-age or disability insurance benefit for any month and to any other monthly insurance benefit for such month, such other insurance benefit for such month, after any reduction under sub- section (q), subsection (e)(2) or (f)(2), and any re- duction under section 403(a) of this title, shall be reduced, but not below zero, by an amount equal to such old-age or disability insurance benefit (after reduction under such subsection (q)). (B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(3) or (f)(3) applies and to any other monthly insurance benefit under this section (other than an old-age insurance ben- efit), such other insurance benefit for such month, after any reduction under subparagraph (A) of this paragraph, any reduction under sub- section (q), and any reduction under section 403(a) of this title, shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduc- tion or reductions under such subparagraph (A) and such section 403(a). (4) Any individual who, under this section and section 423 of this title, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this sub- chapter shall be entitled to only the larger of such benefits for such month, except that, if such individual so elects, he shall instead be en- titled to only the smaller of such benefits for such month. (l) Entitlement to survivor benefits under rail- road retirement provisions If any person would be entitled, upon filing ap- plication therefor to an annuity under section 2 of the Railroad Retirement Act of 1974 [45 U.S.C. 231a], or to a lump-sum payment under section 6(b) of such Act [45 U.S.C. 231e(b)], with respect to the death of an employee (as defined in such Act) no lump-sum death payment, and no monthly benefit for the month in which such employee died or for any month thereafter, shall be paid under this section to any person on the basis of the wages and self-employment income of such employee. (m) Repealed. Pub. L. 97–35, title XXII, § 2201(b)(10), Aug. 13, 1981, 95 Stat. 831 (n) Termination of benefits upon removal of pri- mary beneficiary (1) If any individual is (after September 1, 1954) removed under section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, then, not- withstanding any other provisions of this sub- chapter— (A) no monthly benefit under this section or section 423 of this title shall be paid to such individual, on the basis of his wages and self- employment income, for any month occurring (i) after the month in which the Commissioner of Social Security is notified by the Attorney General or the Secretary of Homeland Secu- rity that such individual has been so removed, and (ii) before the month in which such indi- vidual is thereafter lawfully admitted to the United States for permanent residence, (B) if no benefit could be paid to such indi- vidual (or if no benefit could be paid to him if he were alive) for any month by reason of sub- paragraph (A), no monthly benefit under this section shall be paid, on the basis of his wages and self-employment income, for such month to any other person who is not a citizen of the United States and is outside the United States for any part of such month, and Page 1830 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 3 So in original. Probably should be ‘‘or’’. 4 So in original. Probably should be followed by a period. (C) no lump-sum death payment shall be made on the basis of such individual’s wages and self-employment income if he dies (i) in or after the month in which such notice is re- ceived, and (ii) before the month in which he is thereafter lawfully admitted to the United States for permanent residence. Section 403(b), (c), and (d) of this title shall not apply with respect to any such individual for any month for which no monthly benefit may be paid to him by reason of this paragraph. (2)(A) In the case of the removal of any indi- vidual under any of the paragraphs of section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, the revocation and setting aside of citizenship of any individual under sec- tion 1451 of title 8 in any case in which the rev- ocation and setting aside is based on conduct de- scribed in section 1182(a)(3)(E)(i) of title 8 (relat- ing to participation in Nazi persecution), or the renunciation of nationality by any individual under section 1481(a)(5) of title 8 pursuant to a settlement agreement with the Attorney Gen- eral where the individual has admitted to con- duct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution) occurring after December 18, 2014, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Secu- rity of such removal, revocation and setting aside, or renunciation of nationality not later than 7 days after such removal, revocation and setting aside, or renunciation of nationality (or, in the case of any such removal, revocation and setting aside, of 3 renunciation of nationality that has occurred prior to December 18, 2014, not later than 7 days after December 18, 2014). (B)(i) Not later than 30 days after December 18, 2014, the Attorney General shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate that the Commissioner of Social Security has been notified of each re- moval, revocation and setting aside, or renunci- ation of nationality described in subparagraph (A). (ii) Not later than 30 days after each notifica- tion with respect to an individual under sub- paragraph (A), the Commissioner of Social Secu- rity shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such individual’s benefits were terminated under this subsection. (3) For purposes of paragraphs (1) and (2) of this subsection— (A) an individual against whom a final order of removal has been issued under section 1227(a)(4)(D) of title 8 on grounds of participa- tion in Nazi persecution shall be considered to have been removed under such section as of the date on which such order became final; (B) an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside under section 1451 of title 8 in any case in which the revoca- tion and setting aside is based on conduct de- scribed in section 1182(a)(3)(E)(i) of title 8 (re- lating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct shall be considered to have been removed as described in paragraph (1) as of the date of such revocation and setting aside; and (C) an individual who pursuant to a settle- ment agreement with the Attorney General has admitted to conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participa- tion in Nazi persecution) and who pursuant to such settlement agreement has lost status as a national of the United States by a renunci- ation under section 1481(a)(5) of title 8 shall be considered to have been removed as described in paragraph (1) as of the date of such renunci- ation. (4) In the case of any individual described in paragraph (3) whose monthly benefits are termi- nated under paragraph (1)— (A) no benefits otherwise available under this section based on the wages and self-em- ployment income of any other individual shall be paid to such individual for any month after such termination; and (B) no supplemental security income bene- fits under subchapter XVI shall be paid to such individual for any such month, including sup- plementary payments pursuant to an agree- ment for Federal administration under section 1382e(a) of this title and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 4 (o) Application for benefits by survivors of mem- bers and former members of uniformed serv- ices In the case of any individual who would be en- titled to benefits under subsection (d), (e), (g), or (h) upon filing proper application therefor, the filing with the Administrator of Veterans’ Af- fairs by or on behalf of such individual of an ap- plication for such benefits, on the form de- scribed in section 5105 of title 38, shall satisfy the requirement of such subsection (d), (e), (g), or (h) that an application for such benefits be filed. (p) Extension of period for filing proof of support and applications for lump-sum death pay- ment In any case in which there is a failure— (1) to file proof of support under subpara- graph (B) of subsection (h)(1), or under clause (B) of subsection (f)(1) of this section as in ef- fect prior to the Social Security Act Amend- ments 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 Se- curity Act Amendments of 1950, within the pe- riod prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such pe- riod shall be deemed to have been filed within such period if it is shown to the satisfaction of Page 1831 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 the Commissioner of Social Security that there was good cause for failure to file such proof or application within such period. The determina- tion of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Commissioner of Social Security. (q) Reduction of benefit amounts for certain beneficiaries (1) Subject to paragraph (9), if the first month for which an individual is entitled to an old-age, wife’s, husband’s, widow’s, or widower’s insur- ance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be re- duced by— (A) 5⁄9 of 1 percent of such amount if such benefit is an old-age insurance benefit, 25⁄36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, or 19⁄40 of 1 percent of such amount if such benefit is a widow’s or widower’s insurance benefit, multi- plied by (B)(i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual at- tains retirement age, or (ii) if less, the number of such months in the adjusted reduction period for such benefit (de- termined under paragraph (7)), if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age. (2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance ben- efit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained retirement age (as defined in section 416(l) of this title) in the first month for which he most recently be- came entitled to a disability insurance benefit. (3)(A) If the first month for which an indi- vidual both is entitled to a wife’s, husband’s, widow’s, or widower’s insurance benefit and has attained age 62 (in the case of a wife’s or hus- band’s insurance benefit) or age 50 (in the case of a widow’s or widower’s insurance benefit) is a month for which such individual is also entitled to— (i) an old-age insurance benefit (to which such individual was first entitled for a month before he attains retirement age (as defined in section 416(l) of this title)), or (ii) a disability insurance benefit, then in lieu of any reduction under paragraph (1) (but subject to the succeeding paragraphs of this subsection) such wife’s, husband’s, widow’s, or widower’s insurance benefit for each month shall be reduced as provided in subparagraph (B), (C), or (D). (B) For any month for which such individual is entitled to an old-age insurance benefit and is not entitled to a disability insurance benefit, such individual’s wife’s or husband’s insurance benefit shall be reduced by the sum of— (i) the amount by which such old-age insur- ance benefit is reduced under paragraph (1) for such month, and (ii) the amount by which such wife’s or hus- band’s insurance benefit would be reduced under paragraph (1) for such month if it were equal to the excess of such wife’s or husband’s insurance benefit (before reduction under this subsection) over such old-age insurance ben- efit (before reduction under this subsection). (C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, widow’s, or wid- ower’s insurance benefit shall be reduced by the sum of— (i) the amount by which such disability in- surance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such benefit), and (ii) the amount by which such wife’s, hus- band’s, widow’s, or widower’s insurance ben- efit would be reduced under paragraph (1) for such month if it were equal to the excess of such wife’s, husband’s, widow’s, or widower’s insurance benefit (before reduction under this subsection) over such disability insurance ben- efit (before reduction under this subsection). (D) For any month for which such individual is entitled neither to an old-age insurance benefit nor to a disability insurance benefit, such indi- vidual’s wife’s, husband’s, widow’s, or widower’s insurance benefit shall be reduced by the amount by which it would be reduced under paragraph (1). (E) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an indi- vidual is entitled to a widow’s or widower’s in- surance benefit is a month for which such indi- vidual is also entitled to an old-age insurance benefit to which such individual was first enti- tled for that month or for a month before she or he became entitled to a widow’s or widower’s benefit, the reduction in such widow’s or wid- ower’s insurance benefit shall be determined under paragraph (1). (4) If— (A) an individual is or was entitled to a ben- efit subject to reduction under paragraph (1) or (3) of this subsection, and (B) such benefit is increased by reason of an increase in the primary insurance amount of the individual on whose wages and self-em- ployment income such benefit is based, then the amount of the reduction of such benefit (after the application of any adjustment under paragraph (7)) for each month beginning with the month of such increase in the primary insur- ance amount shall be computed under paragraph (1) or (3), whichever applies, as though the in- creased primary insurance amount had been in effect for and after the month for which the in- dividual first became entitled to such monthly benefit reduced under such paragraph (1) or (3). (5)(A) No wife’s or husband’s insurance benefit shall be reduced under this subsection— (i) for any month before the first month for which there is in effect a certificate filed by him or her with the Commissioner of Social Page 1832 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Security, in accordance with regulations pre- scribed by the Commissioner of Social Secu- rity, in which he or she elects to receive wife’s or husband’s insurance benefits reduced as provided in this subsection, or (ii) for any month in which he or she has in his or her care (individually or jointly with the person on whose wages and self-employ- ment income the wife’s or husband’s insurance benefit is based) a child of such person entitled to child’s insurance benefits. (B) Any certificate described in subparagraph (A)(i) shall be effective for purposes of this sub- section (and for purposes of preventing deduc- tions under section 403(c)(2) of this title)— (i) for the month in which it is filed and for any month thereafter, and (ii) for months, in the period designated by the individual filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed; except that such certificate shall not be effec- tive for any month before the month in which he or she attains age 62, nor shall it be effective for any month to which subparagraph (A)(ii) ap- plies. (C) If an individual does not have in his or her care a child described in subparagraph (A)(ii) in the first month for which he or she is entitled to a wife’s or husband’s insurance benefit, and if such first month is a month before the month in which he or she attains retirement age (as de- fined in section 416(l) of this title), he or she shall be deemed to have filed in such first month the certificate described in subparagraph (A)(i). (D) No widow’s or widower’s insurance benefit for a month in which he or she has in his or her care a child of his or her deceased spouse (or de- ceased former spouse) entitled to child’s insur- ance benefits shall be reduced under this sub- section below the amount to which he or she would have been entitled had he or she been en- titled for such month to mother’s or father’s in- surance benefits on the basis of his or her de- ceased spouse’s (or deceased former spouse’s) wages and self-employment income. (6) For purposes of this subsection, the ‘‘reduc- tion period’’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance ben- efit is the period— (A) beginning— (i) in the case of an old-age insurance ben- efit, with the first day of the first month for which such individual is entitled to such benefit, (ii) in the case of a wife’s or husband’s in- surance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or (iii) in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is en- titled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and (B) ending with the last day of the month be- fore the month in which such individual at- tains retirement age. (7) For purposes of this subsection, the ‘‘ad- justed reduction period’’ for an individual’s old- age, wife’s, husband’s, widow’s, or widower’s in- surance benefit is the reduction period pre- scribed in paragraph (6) for such benefit, exclud- ing— (A) any month in which such benefit was subject to deductions under section 403(b), 403(c)(1), 403(d)(1), or 422(b) of this title, (B) in the case of wife’s or husband’s insur- ance benefits, any month in which such indi- vidual had in his or her care (individually or jointly with the person on whose wages and self-employment income such benefit is based) a child of such person entitled to child’s insur- ance benefits, (C) in the case of wife’s or husband’s insur- ance benefits, any month for which such indi- vidual was not entitled to such benefits be- cause of the occurrence of an event that ter- minated her or his entitlement to such bene- fits, (D) in the case of widow’s or widower’s insur- ance benefits, any month in which the reduc- tion in the amount of such benefit was deter- mined under paragraph (5)(D), (E) in the case of widow’s or widower’s insur- ance benefits, any month before the month in which she or he attained age 62, and also for any later month before the month in which she or he attained retirement age, for which she or he was not entitled to such benefit be- cause of the occurrence of an event that ter- minated her or his entitlement to such bene- fits, and (F) in the case of old-age insurance benefits, any month for which such individual was enti- tled to a disability insurance benefit. (8) This subsection shall be applied after re- duction under section 403(a) of this title and be- fore application of section 415(g) of this title. If the amount of any reduction computed under paragraph (1), (2), or (3) is not a multiple of $0.10, it shall be increased to the next higher multiple of $0.10. (9) The amount of the reduction for early re- tirement specified in paragraph (1)— (A) for old-age insurance benefits, wife’s in- surance benefits, and husband’s insurance ben- efits, shall be the amount specified in such paragraph for the first 36 months of the reduc- tion period (as defined in paragraph (6)) or ad- justed reduction period (as defined in para- graph (7)), and five-twelfths of 1 percent for any additional months included in such peri- ods; and (B) for widow’s insurance benefits and wid- ower’s insurance benefits, shall be periodically revised by the Commissioner of Social Secu- rity such that— (i) the amount of the reduction at early re- tirement age as defined in section 416(l) of this title shall be 28.5 percent of the full ben- efit; and (ii) the amount of the reduction for each month in the reduction period (specified in paragraph (6)) or the adjusted reduction pe- riod (specified in paragraph (7)) shall be es- tablished by linear interpolation between 28.5 percent at the month of attainment of early retirement age and 0 percent at the month of attainment of retirement age. (10) For purposes of applying paragraph (4), with respect to monthly benefits payable for Page 1833 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 any month after December 1977 to an individual who was entitled to a monthly benefit as re- duced under paragraph (1) or (3) prior to January 1978, the amount of reduction in such benefit for the first month for which such benefit is in- creased by reason of an increase in the primary insurance amount of the individual on whose wages and self-employment income such benefit is based and for all subsequent months (and similarly for all subsequent increases) shall be increased by a percentage equal to the percent- age increase in such primary insurance amount (such increase being made in accordance with the provisions of paragraph (8)). In the case of an individual whose reduced benefit under this section is increased as a result of the use of an adjusted reduction period (in accordance with paragraphs (1) and (3) of this subsection), then for the first month for which such increase is ef- fective, and for all subsequent months, the amount of such reduction (after the application of the previous sentence, if applicable) shall be determined— (A) in the case of old-age, wife’s, and hus- band’s insurance benefits, by multiplying such amount by the ratio of (i) the number of months in the adjusted reduction period to (ii) the number of months in the reduction period, (B) in the case of widow’s and widower’s in- surance benefits for the month in which such individual attains age 62, by multiplying such amount by the ratio of (i) the number of months in the reduction period beginning with age 62 multiplied by 19⁄40 of 1 percent, plus the number of months in the adjusted reduction period prior to age 62 multiplied by 19⁄40 of 1 percent to (ii) the number of months in the re- duction period multiplied by 19⁄40 of 1 percent, and (C) in the case of widow’s and widower’s in- surance benefits for the month in which such individual attains retirement age (as defined in section 416(l) of this title), by multiplying such amount by the ratio of (i) the number of months in the adjusted reduction period mul- tiplied by 19⁄40 of 1 percent to (ii) the number of months in the reduction period beginning with age 62 multiplied by 19⁄40 of 1 percent, plus the number of months in the adjusted reduction period prior to age 62 multiplied by 19⁄40 of 1 percent, such determination being made in accordance with the provisions of paragraph (8). (11) When an individual is entitled to more than one monthly benefit under this subchapter and one or more of such benefits are reduced under this subsection, paragraph (10) shall apply separately to each such benefit reduced under this subsection before the application of sub- section (k) (pertaining to the method by which monthly benefits are offset when an individual is entitled to more than one kind of benefit) and the application of this paragraph shall operate in conjunction with paragraph (3). (r) Presumed filing of application by individuals eligible for old-age insurance benefits and for wife’s or husband’s insurance benefits (1) If an individual is eligible for a wife’s or husband’s insurance benefit (except in the case of eligibility pursuant to clause (ii) of sub- section (b)(1)(B) or subsection (c)(1)(B), as appro- priate), in any month for which the individual is entitled to an old-age insurance benefit, such in- dividual shall be deemed to have filed an appli- cation for wife’s or husband’s insurance benefits for such month. (2) If an individual is eligible (but for sub- section (k)(4)) for an old-age insurance benefit in any month for which the individual is entitled to a wife’s or husband’s insurance benefit (ex- cept in the case of entitlement pursuant to clause (ii) of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), such individual shall be deemed to have filed an application for old- age insurance benefits— (A) for such month, or (B) if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such in- dividual is not entitled to a disability insur- ance benefit. (3) For purposes of this subsection, an indi- vidual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, he would be entitled to such benefit for such month. (s) Child over specified age to be disregarded for certain benefit purposes unless disabled (1) For the purposes of subsections (b)(1), (c)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 403(c) of this title, a child who is entitled to child’s in- surance benefits under subsection (d) for any month, and who has attained the age of 16 but is not in such month under a disability (as defined in section 423(d) of this title), shall be deemed not entitled to such benefits for such month, un- less he was under such a disability in the third month before such month. (2) So much of subsections (b)(3), (c)(4),1 (d)(5), (g)(3), and (h)(4) of this section as precedes the semicolon, shall not apply in the case of any child unless such child, at the time of the mar- riage referred to therein, was under a disability (as defined in section 423(d) of this title) or had been under such a disability in the third month before the month in which such marriage oc- curred. (3) The last sentence of subsection (c) of sec- tion 403 of this title, subsection (f)(1)(C) of sec- tion 403 of this title, and subsections (b)(3)(B), (c)(6)(B),1 (f)(3)(B), and (g)(6)(B) 1 of section 416 of this title shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as de- fined in section 423(d) of this title). (t) Suspension of benefits of aliens who are out- side United States; residency requirements for dependents and survivors (1) Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual who is not a citizen or national of the United States for any month which is— (A) after the sixth consecutive calendar month during all of which the Commissioner of Social Security finds, on the basis of infor- Page 1834 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 mation furnished to the Commissioner by the Attorney General or information which other- wise comes to the Commissioner’s attention, that such individual is outside the United States, and (B) prior to the first month thereafter for all of which such individual has been in the United States. For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days. (2) Subject to paragraph (11), paragraph (1) of this subsection shall not apply to any individual who is a citizen of a foreign country which the Commissioner of Social Security finds has in ef- fect a social insurance or pension system which is of general application in such country and under which— (A) periodic benefits, or the actuarial equiv- alent thereof, are paid on account of old age, retirement, or death, and (B) individuals who are citizens of the United States but not citizens of such foreign country and who qualify for such benefits are permitted to receive such benefits or the actu- arial equivalent thereof while outside such foreign country without regard to the dura- tion of the absence. (3) Paragraph (1) of this subsection shall not apply in any case where its application would be contrary to any treaty obligation of the United States in effect on August 1, 1956. (4) Subject to paragraph (11), paragraph (1) of this subsection shall not apply to any benefit for any month if— (A) not less than forty of the quarters elaps- ing before such month are quarters of cov- erage for the individual on whose wages and self-employment income such benefit is based, or (B) the individual on whose wages and self- employment income such benefit is based has, before such month, resided in the United States for a period or periods aggregating ten years or more, or (C) the individual entitled to such benefit is outside the United States while in the active military or naval service of the United States, or (D) the individual on whose wages and self- employment income such benefit is based died, before such month, either (i) while on active duty or inactive duty training (as those terms are defined in section 410(l) (2) and (3) of this title) as a member of a uniformed service (as defined in section 410(m) of this title), or (ii) as the result of a disease or injury which the Secretary of Veterans Affairs determines was incurred or aggravated in line of duty while on active duty (as defined in section 410(l)(2) of this title), or an injury which he determines was incurred or aggravated in line of duty while on inactive duty training (as defined in section 410(l)(3) of this title), as a member of a uniformed service (as defined in section 410(m) of this title), if the Secretary of Veterans Af- fairs determines that such individual was dis- charged or released from the period of such ac- tive duty or inactive duty training under con- ditions other than dishonorable, and if the Secretary of Veterans Affairs certifies to the Commissioner of Social Security his deter- minations with respect to such individual under this clause, or (E) the individual on whose employment such benefit is based had been in service cov- ered by the Railroad Retirement Act of 1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.] which was treated as employment covered by this chapter pursuant to the provisions of section 5(k)(1) of the Railroad Retirement Act of 1937 [45 U.S.C. 228e(k)(1)] or section 18(2) of the Railroad Retirement Act of 1974 [45 U.S.C. 231q(2)]; except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any in- dividual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are sub- ject to suspension under paragraph (1)) pay- ments to individuals residing in such country were withheld by the Treasury Department under sections 3329(a) and 3330(a) of title 31. (5) No person who is, or upon application would be, entitled to a monthly benefit under this section for December 1956 shall be deprived, by reason of paragraph (1) of this subsection, of such benefit or any other benefit based on the wages and self-employment income of the indi- vidual on whose wages and self-employment in- come such monthly benefit for December 1956 is based. (6) If an individual is outside the United States when he dies and no benefit may, by rea- son of paragraph (1) or (10) of this subsection, be paid to him for the month preceding the month in which he dies, no lump-sum death payment may be made on the basis of such individual’s wages and self-employment income. (7) Subsections (b), (c), and (d) of section 403 of this title shall not apply with respect to any in- dividual for any month for which no monthly benefit may be paid to him by reason of para- graph (1) of this subsection. (8) The Attorney General shall certify to the Commissioner of Social Security such informa- tion regarding aliens who depart from the United States to any foreign country (other than a foreign country which is territorially contiguous to the continental United States) as may be necessary to enable the Commissioner of Social Security to carry out the purposes of this subsection and shall otherwise aid, assist, and cooperate with the Commissioner of Social Se- curity in obtaining such other information as may be necessary to enable the Commissioner of Social Security to carry out the purposes of this subsection. (9) No payments shall be made under part A of subchapter XVIII with respect to items or serv- Page 1835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ices furnished to an individual in any month for which the prohibition in paragraph (1) against payment of benefits to him is applicable (or would be if he were entitled to any such bene- fits). (10) Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if pay- ments for such month to individuals residing in such country are withheld by the Treasury De- partment under sections 3329(a) and 3330(a) of title 31. (11)(A) Paragraph (2) and subparagraphs (A), (B), (C), and (E) of paragraph (4) shall apply with respect to an individual’s monthly benefits under subsection (b), (c), (d), (e), (f), (g), or (h) only if such individual meets the residency re- quirements of this paragraph with respect to those benefits. (B) An individual entitled to benefits under subsection (b), (c), (e), (f), or (g) meets the resi- dency requirements of this paragraph with re- spect to those benefits only if such individual has resided in the United States, and while so residing bore a spousal relationship to the per- son on whose wages and self-employment in- come such entitlement is based, for a total pe- riod of not less than 5 years. For purposes of this subparagraph, a period of time for which an in- dividual bears a spousal relationship to another person consists of a period throughout which the individual has been, with respect to such other person, a wife, a husband, a widow, a widower, a divorced wife, a divorced husband, a surviving divorced wife, a surviving divorced husband, a surviving divorced mother, a surviving divorced father, or (as applicable in the course of such pe- riod) any two or more of the foregoing. (C) An individual entitled to benefits under subsection (d) meets the residency requirements of this paragraph with respect to those benefits only if— (i)(I) such individual has resided in the United States (as the child of the person on whose wages and self-employment income such entitlement is based) for a total period of not less than 5 years, or (II) the person on whose wages and self-em- ployment income such entitlement is based, and the individual’s other parent (within the meaning of subsection (h)(3)), if any, have each resided in the United States for a total period of not less than 5 years (or died while residing in the United States), and (ii) in the case of an individual entitled to such benefits as an adopted child, such indi- vidual was adopted within the United States by the person on whose wages and self-employ- ment income such entitlement is based, and has lived in the United States with such per- son and received at least one-half of his or her support from such person for a period (begin- ning before such individual attained age 18) consisting of— (I) the year immediately before the month in which such person became eligible for old- age insurance benefits or disability insur- ance benefits or died, whichever occurred first, or (II) if such person had a period of dis- ability which continued until he or she be- came entitled to old-age insurance benefits or disability insurance benefits or died, the year immediately before the month in which such period of disability began. (D) An individual entitled to benefits under subsection (h) meets the residency requirements of this paragraph with respect to those benefits only if such individual has resided in the United States, and while so residing was a parent (with- in the meaning of subsection (h)(3)) of the per- son on whose wages and self-employment in- come such entitlement is based, for a total pe- riod of not less than 5 years. (E) This paragraph shall not apply with re- spect to any individual who is a citizen or resi- dent of a foreign country with which the United States has an agreement in force concluded pur- suant to section 433 of this title, except to the extent provided by such agreement. (u) Conviction of subversive activities, etc. (1) If any individual is convicted of any offense (committed after August 1, 1956) under— (A) chapter 37 (relating to espionage and censorship), chapter 105 (relating to sabotage), or chapter 115 (relating to treason, sedition, and subversive activities) of title 18, or (B) section 783 of title 50, then the court may, in addition to all other pen- alties provided by law, impose a penalty that in determining whether any monthly insurance benefit under this section or section 423 of this title is payable to such individual for the month in which he is convicted or for any month there- after, in determining the amount of any such benefit payable to such individual for any such month, and in determining whether such indi- vidual is entitled to insurance benefits under part A of subchapter XVIII for any such month, there shall not be taken into account— (C) any wages paid to such individual or to any other individual in the calendar year in which such conviction occurs or in any prior calendar year, and (D) any net earnings from self-employment derived by such individual or by any other in- dividual during a taxable year in which such conviction occurs or during any prior taxable year. (2) As soon as practicable after an additional penalty has, pursuant to paragraph (1) of this subsection, been imposed with respect to any in- dividual, the Attorney General shall notify the Commissioner of Social Security of such imposi- tion. (3) If any individual with respect to whom an additional penalty has been imposed pursuant to paragraph (1) of this subsection is granted a par- don of the offense by the President of the United States, such additional penalty shall not apply for any month beginning after the date on which such pardon is granted. (v) Waiver of benefits (1) Notwithstanding any other provisions of this subchapter, and subject to paragraph (3), in Page 1836 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 the case of any individual who files a waiver pursuant to section 1402(g) of the Internal Rev- enue Code of 1986 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this subchapter to him, no pay- ments shall be made on his behalf under part A of subchapter XVIII, and no benefits or other payments under this subchapter shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver. (2) Notwithstanding any other provision of this subchapter, and subject to paragraph (3), in the case of any individual who files a waiver pursuant to section 3127 of the Internal Revenue Code of 1986 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this subchapter to him, no pay- ments shall be made on his behalf under part A of subchapter XVIII, and no benefits or other payments under this subchapter shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver. (3) If, after an exemption referred to in para- graph (1) or (2) is granted to an individual, such exemption ceases to be effective, the waiver re- ferred to in such paragraph shall cease to be ap- plicable in the case of benefits and other pay- ments under this subchapter and part A of sub- chapter XVIII to the extent based on— (A) his wages for and after the calendar year following the calendar year in which occurs the failure to meet the requirements of sec- tion 1402(g) or 3127 of the Internal Revenue Code of 1986 on which the cessation of such ex- emption is based, and (B) his self-employment income for and after the taxable year in which occurs such failure. (w) Increase in old-age insurance benefit amounts on account of delayed retirement (1) The amount of an old-age insurance benefit (other than a benefit based on a primary insur- ance amount determined under section 415(a)(3) of this title as in effect in December 1978 or sec- tion 415(a)(1)(C)(i) of this title as in effect there- after) which is payable without regard to this subsection to an individual shall be increased by— (A) the applicable percentage (as determined under paragraph (6)) of such amount, multi- plied by (B) the number (if any) of the increment months for such individual. (2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months— (A) which have elapsed after the month be- fore the month in which such individual at- tained retirement age (as defined in section 416(l) of this title) or (if later) December 1970 and prior to the month in which such indi- vidual attained age 70, and (B) with respect to which— (i) such individual was a fully insured indi- vidual (as defined in section 414(a) of this title), (ii) such individual either was not entitled to an old-age insurance benefit or, if so enti- tled, did not receive benefits pursuant to a request under subsection (z) by such indi- vidual that benefits not be paid, and (iii) such individual was not subject to a penalty imposed under section 1320a–8a of this title. (3) For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual’s increment months through the year for which the determination is made and the total so de- termined shall be applicable to such individual’s old-age insurance benefits beginning with bene- fits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 70 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit be- ginning with the month in which he attains such age. (4) This subsection shall be applied after re- duction under section 403(a) of this title. (5) If an individual’s primary insurance amount is determined under paragraph (3) of section 415(a) of this title as in effect in Decem- ber 1978, or section 415(a)(1)(C)(i) of this title as in effect thereafter, and, as a result of this sub- section, he would be entitled to a higher old-age insurance benefit if his primary insurance amount were determined under section 415(a) of this title (whether before, in, or after December 1978) without regard to such paragraph, such in- dividual’s old-age insurance benefit based upon his primary insurance amount determined under such paragraph shall be increased by an amount equal to the difference between such benefit and the benefit to which he would be entitled if his primary insurance amount were determined under such section without regard to such para- graph. (6) For purposes of paragraph (1)(A), the ‘‘ap- plicable percentage’’ is— (A) 1⁄12 of 1 percent in the case of an indi- vidual who first becomes eligible for an old- age insurance benefit in any calendar year be- fore 1979; (B) 1⁄4 of 1 percent in the case of an indi- vidual who first becomes eligible for an old- age insurance benefit in any calendar year after 1978 and before 1987; (C) in the case of an individual who first be- comes eligible for an old-age insurance benefit in a calendar year after 1986 and before 2005, a percentage equal to the applicable percentage in effect under this paragraph for persons who first became eligible for an old-age insurance benefit in the preceding calendar year (as in- creased pursuant to this subparagraph), plus 1⁄24 of 1 percent if the calendar year in which that particular individual first becomes eligi- ble for such benefit is not evenly divisible by 2; and (D) 2⁄3 of 1 percent in the case of an indi- vidual who first becomes eligible for an old- age insurance benefit in a calendar year after 2004. Page 1837 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 (x) Limitation on payments to prisoners, certain other inmates of publicly funded institutions, fugitives, probationers, and parolees (1)(A) Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual for any month end- ing with or during or beginning with or during a period of more than 30 days throughout all of which such individual— (i) is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense, (ii) is confined by court order in an institu- tion at public expense in connection with— (I) a verdict or finding that the individual is guilty but insane, with respect to a crimi- nal offense, (II) a verdict or finding that the individual is not guilty of such an offense by reason of insanity, (III) a finding that such individual is in- competent to stand trial under an allegation of such an offense, or (IV) a similar verdict or finding with re- spect to such an offense based on similar fac- tors (such as a mental disease, a mental de- fect, or mental incompetence), (iii) immediately upon completion of con- finement as described in clause (i) pursuant to conviction of a criminal offense an element of which is sexual activity, is confined by court order in an institution at public expense pur- suant to a finding that the individual is a sex- ually dangerous person or a sexual predator or a similar finding, (iv) is fleeing to avoid prosecution, or cus- tody or confinement after conviction, under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or, in juris- dictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed, or (v) is violating a condition of probation or parole imposed under Federal or State law. (B)(i) For purposes of clause (i) of subpara- graph (A), an individual shall not be considered confined in an institution comprising a jail, prison, or other penal institution or correctional facility during any month throughout which such individual is residing outside such institu- tion at no expense (other than the cost of moni- toring) to such institution or the penal system or to any agency to which the penal system has transferred jurisdiction over the individual. (ii) For purposes of clauses (ii) and (iii) of sub- paragraph (A), an individual confined in an in- stitution as described in such clause (ii) shall be treated as remaining so confined until— (I) he or she is released from the care and su- pervision of such institution, and (II) such institution ceases to meet the indi- vidual’s basic living needs. (iii) Notwithstanding subparagraph (A), the Commissioner shall, for good cause shown, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Com- missioner determines that— (I) a court of competent jurisdiction has found the individual not guilty of the criminal offense, dismissed the charges relating to the criminal offense, vacated the warrant for ar- rest of the individual for the criminal offense, or issued any similar exonerating order (or taken similar exonerating action), or (II) the individual was erroneously impli- cated in connection with the criminal offense by reason of identity fraud. (iv) Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based on mitigating circumstances, pay the individual benefits that have been withheld or would other- wise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner deter- mines that— (I) the offense described in clause (iv) or un- derlying the imposition of the probation or pa- role described in clause (v) was nonviolent and not drug-related, and (II) in the case of an individual from whom benefits have been withheld or otherwise would be withheld pursuant to subparagraph (A)(v), the action that resulted in the viola- tion of a condition of probation or parole was nonviolent and not drug-related. (2) Benefits which would be payable to any in- dividual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this subchapter on the basis of the wages and self-employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section or section 423 of this title. (3)(A) Notwithstanding the provisions of sec- tion 552a of title 5 or any other provision of Fed- eral or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Commissioner of Social Security, upon written request, the name and social security account number of any individual who is confined as de- scribed in paragraph (1) if the confinement is under the jurisdiction of such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section. (B)(i) The Commissioner shall enter into an agreement under this subparagraph with any in- terested State or local institution comprising a jail, prison, penal institution, or correctional fa- cility, or comprising any other institution a purpose of which is to confine individuals as de- scribed in paragraph (1)(A)(ii). Under such agree- ment— (I) the institution shall provide to the Com- missioner, on a monthly basis and in a manner specified by the Commissioner, the first, mid- dle, and last names, Social Security account numbers or taxpayer identification numbers, prison assigned inmate numbers, last known addresses, dates of birth, confinement com- mencement dates, dates of release or antici- pated dates of release, dates of work release, and, to the extent available to the institution, Page 1838 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1) and clause (iv) of this subparagraph and other provisions of this subchapter; and (II) the Commissioner shall pay to the insti- tution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in para- graph (1)(A), who receives a benefit under this subchapter for the month preceding the first month of such confinement, and whose benefit under this subchapter is determined by the Commissioner to be not payable by reason of confinement based on the information pro- vided by the institution, $400 (subject to reduc- tion under clause (ii)) if the institution fur- nishes the information to the Commissioner within 30 days after the date such individual’s confinement in such institution begins, or $200 (subject to reduction under clause (ii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. (ii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Com- missioner is also required to make a payment to the institution with respect to the same indi- vidual under an agreement entered into under section 1382(e)(1)(I) of this title. (iii) There are authorized to be transferred from the Federal Old-Age and Survivors Insur- ance Trust Fund and the Federal Disability In- surance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). (iv) The Commissioner shall maintain, and shall provide on a reimbursable basis, informa- tion obtained pursuant to agreements entered into under this paragraph to any agency admin- istering a Federal or federally-assisted cash, food, or medical assistance program for eligi- bility and other administrative purposes under such program, for statistical and research ac- tivities conducted by Federal and State agen- cies, and to the Secretary of the Treasury for the purposes of tax administration, debt collec- tion, and identifying, preventing, and recovering improper payments under federally funded pro- grams. (v)(I) The Commissioner may disclose informa- tion received pursuant to this paragraph to any officer, employee, agent, or contractor of the Department of the Treasury whose official du- ties require such information to assist in the identification, prevention, and recovery of im- proper payments or in the collection of delin- quent debts owed to the United States, including payments certified by the head of an executive, judicial, or legislative paying agency, and pay- ments made to individuals whose eligibility, or continuing eligibility, to participate in a Fed- eral program (including those administered by a State or political subdivision thereof) is being reviewed. (II) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law, the Secretary of the Treasury may compare information disclosed under subclause (I) with any other personally identifiable infor- mation derived from a Federal system of records or similar records maintained by a Federal con- tractor, a Federal grantee, or an entity admin- istering a Federal program or activity, and may redisclose such comparison of information to any paying or administering agency and to the head of the Federal Bureau of Prisons and the head of any State agency charged with the ad- ministration of prisons with respect to inmates whom the Secretary of the Treasury has deter- mined may have been issued, or facilitated in the issuance of, an improper payment. (III) The comparison of information disclosed under subclause (I) shall not be considered a matching program for purposes of section 552a of title 5. (C) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law (other than section 6103 of the In- ternal Revenue Code of 1986 and section 1306(c) of this title), the Commissioner shall furnish any Federal, State, or local law enforcement of- ficer, upon the written request of the officer, with the current address, Social Security num- ber, and photograph (if applicable) of any bene- ficiary under this subchapter, if the officer fur- nishes the Commissioner with the name of the beneficiary, and other identifying information as reasonably required by the Commissioner to establish the unique identity of the beneficiary, and notifies the Commissioner that— (i) the beneficiary is described in clause (iv) or (v) of paragraph (1)(A); and (ii) the location or apprehension of the bene- ficiary is within the officer’s official duties. (y) Limitation on payments to aliens Notwithstanding any other provision of law, no monthly benefit under this subchapter shall be payable to any alien in the United States for any month during which such alien is not law- fully present in the United States as determined by the Attorney General. (z) Voluntary suspension (1)(A) Except as otherwise provided in this subsection, any individual who has attained re- tirement age (as defined in section 416(l) of this title) and is entitled to old-age insurance bene- fits may request that payment of such benefits be suspended— (i) beginning with the month following the month in which such request is received by the Commissioner, and (ii) ending with the earlier of the month fol- lowing the month in which a request by the in- dividual for a resumption of such benefits is so received or the month following the month in which the individual attains the age of 70. (2) An individual may not suspend such bene- fits under this subsection, and any suspension of such benefits under this subsection shall end, ef- fective with respect to any month in which the individual becomes subject to— (A) mandatory suspension of such benefits under subsection (x); (B) termination of such benefits under sub- section (n); (C) a penalty under section 1320a–8a of this title imposing nonpayment of such benefits; or Page 1839 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 (D) any other withholding, in whole or in part, of such benefits under any other provi- sion of law that authorizes recovery of a debt by withholding such benefits. (3) In the case of an individual who requests that such benefits be suspended under this sub- section, for any month during the period in which the suspension is in effect— (A) no retroactive benefits (as defined in subsection (j)(4)(B)(iii)) shall be payable to such individual; (B) no monthly benefit shall be payable to any other individual on the basis of such indi- vidual’s wages and self-employment income; and (C) no monthly benefit shall be payable to such individual on the basis of another indi- vidual’s wages and self-employment income. (Aug. 14, 1935, ch. 531, title II, § 202, 49 Stat. 623; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1363; Aug. 10, 1946, ch. 951, title IV, §§ 402, 403(a), 404(a), 405(a), 60 Stat. 986, 987; Aug. 28, 1950, ch. 809, title I, § 101(a), 64 Stat. 482; Aug. 14, 1953, ch. 483, § 2, 67 Stat. 580; Sept. 1, 1954, ch. 1206, title I, §§ 102(i), 105(a), 107, 110, 68 Stat. 1073, 1079, 1083, 1085; Aug. 9, 1955, ch. 685, § 2, 69 Stat. 621; Aug. 1, 1956, ch. 836, title I, §§ 101(a)–(c), 102(c), (d)(1)–(10), 103(c)(1)–(3), 113, 114(a), 118(a), 121(a), 70 Stat. 807, 810–814, 818, 831, 832, 835, 838; Aug. 1, 1956, ch. 837, title IV, §§ 403(a), 407, 70 Stat. 871, 876; Pub. L. 85–238, §§ 1, 3(a)–(g), Aug. 30, 1957, 71 Stat. 518; Pub. L. 85–798, § 1, Aug. 28, 1958, 72 Stat. 964; Pub. L. 85–840, title I, § 101(e), title II, § 205(b)–(i), title III, §§ 301(a)(1), (b)(1), (c)(1), 303, 304(a)(1), 305(a), 306(a), 307(a)–(e), Aug. 28, 1958, 72 Stat. 1017, 1021–1024, 1026, 1027, 1029–1032; Pub. L. 85–857, § 13(i)(1), Sept. 2, 1958, 72 Stat. 1265; Pub. L. 85–927, § 301, Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86–70, § 32(c)(1), June 25, 1959, 73 Stat. 149; Pub. L. 86–624, § 30(c)(1), July 12, 1960, 74 Stat. 420; Pub. L. 86–778, title I, § 103(a)(1), (j)(2)(C), (D), title II, §§ 201(a), (b), 202(a), 203(a), 205(a), (b), 208(d), 211(i)–(l), title III, § 301(a), title IV, § 403(d), Sept. 13, 1960, 74 Stat. 936, 937, 946, 947, 949, 952, 957–959, 1969; Pub. L. 87–64, title I, §§ 102(a), (b)(1), (2)(A), (3), (e), 104(a)–(d), June 30, 1961, 75 Stat. 131, 134–136, 138, 139; Pub. L. 89–97, title I, § 104(a), title III, §§ 303(d), 304(a)–(j), 306(a), (b), (c)(1)–(9), 307(a), (b), 308(a), (b), (d)(1), (2)(A), (3)–(5), (12), (13), 319(d), 323(a), 324(a), 328(a), 333(a)–(c), 334(e), (f), 339(b), 343(a), July 30, 1965, 79 Stat. 334, 367–379, 392, 397, 398, 400, 403–405, 410, 412; Pub. L. 90–248, title I, §§ 103(a)–(d), 104(a)–(c), 112(a), 151(a)–(d)(1), (2), 157(a), (b), 158(c)(1), (2), 162(a)(1), (b)(1), (c)(1), (2), Jan. 2, 1968, 81 Stat. 828–830, 838, 860, 867, 868, 871; Pub. L. 91–172, title X, § 1004(a)–(c), Dec. 30, 1969, 83 Stat. 741; Pub. L. 92–223, § 1, Dec. 28, 1971, 85 Stat. 802; Pub. L. 92–603, title I, §§ 102(a), (b), (d)–(f), 103(a), (b), 107(a), 108(a)–(e), 109(a), 110(a), 111(a), 112(a), 113(b), 114(a)–(c), 116(b), (c), Oct. 30, 1972, 86 Stat. 1335, 1336, 1338–1340, 1343–1348, 1350; Pub. L. 93–66, title II, § 240(a), July 9, 1973, 87 Stat. 161; Pub. L. 93–233, §§ 1(f), (g), 18(b), Dec. 31, 1973, 87 Stat. 947, 948, 967; Pub. L. 93–445, title III, § 301, Oct. 16, 1974, 88 Stat. 1357; Pub. L. 95–216, title II, §§ 203, 204(a)–(d), 205(a), (b), title III, §§ 331(a)–(c), 332(a)(1), (2), 334(a)–(d)(4)(A), (5), (6), (e), 336(a), (b), 337(b), 353(f)(1), Dec. 20, 1977, 91 Stat. 1527–1529, 1541–1548, 1554; Pub. L. 95–600, title VII, § 703(j)(14)(A), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96–265, title III, §§ 303(b)(1)(B)–(D), 306(a), June 9, 1980, 94 Stat. 451, 452, 457; Pub. L. 96–473, §§ 5(b), 6(a), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 96–499, title X, § 1011(a), Dec. 5, 1980, 94 Stat. 2655; Pub. L. 97–35, title XXII, §§ 2201(b)(10), (11), (d), (f), 2202(a)(1), 2203(a), (b)(1), (c)(1), (d)(1), (2), 2205(a), 2206(b)(1), 2210(a), Aug. 13, 1981, 95 Stat. 831–838, 841; Pub. L. 97–123, § 2(e), Dec. 29, 1981, 95 Stat. 1660; Pub. L. 97–455, § 7(c), Jan. 12, 1983, 96 Stat. 2501; Pub. L. 98–21, title I, §§ 111(a)(7), 113(d), 114(a)–(c)(1), 131(a)(1)–(3)(G), (b)(1)–(3)(F), (c), 132(a), 133(a), (b), 134(a), (b), title II, § 201(b), (c)(1)(A), title III, §§ 301(a), (b), 302, 306(a), (b), (d)–(h), 307(a), 309(a)–(e), 334(a), 337(a), 339(a), 340(a), (b), Apr. 20, 1983, 97 Stat. 72, 79, 92, 93, 95–98, 108, 111–116, 130, 131, 133–135; Pub. L. 98–369, div. B, title VI, §§ 2661(b)–(f), 2662(c)(1), 2663(a)(2), July 18, 1984, 98 Stat. 1156, 1159, 1160; Pub. L. 99–272, title XII, §§ 12104(a), 12107(a), Apr. 7, 1986, 100 Stat. 285, 286; Pub. L. 99–514, title XVIII, § 1883(a)(1)–(3), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100–203, title IX, §§ 9007(a)–(e), 9010(b)–(d), Dec. 22, 1987, 101 Stat. 1330–289 to 1330–293; Pub. L. 100–647, title VIII, §§ 8004(a), (b), 8007(b), 8010(a), (b), 8014(a), Nov. 10, 1988, 102 Stat. 3780, 3782, 3788, 3790; Pub. L. 101–239, title X, §§ 10203(a), 10301(a), (b), 10302(a)(1), Dec. 19, 1989, 103 Stat. 2473, 2481; Pub. L. 101–508, title V, §§ 5103(c)(2)(A), (B), (d), 5116(a), Nov. 5, 1990, 104 Stat. 1388–252, 1388–253, 1388–274; Pub. L. 101–649, title VI, § 603(b)(5), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–54, § 13(q)(3)(C), June 13, 1991, 105 Stat. 279; Pub. L. 103–296, title I, § 107(a)(4), title III, §§ 308(a), 321(a)(2)–(5), (b)(1), (c)(2), Aug. 15, 1994, 108 Stat. 1478, 1522, 1535–1538; Pub. L. 103–387, § 4(a), Oct. 22, 1994, 108 Stat. 4076; Pub. L. 104–121, title I, § 104(a)(1), (b)(1), (2), Mar. 29, 1996, 110 Stat. 851, 852; Pub. L. 104–208, div. C, title III, § 308(g)(1), title V, § 503(a), Sept. 30, 1996, 110 Stat. 3009–622, 3009–671; Pub. L. 106–169, title II, § 207(b), Dec. 14, 1999, 113 Stat. 1838; Pub. L. 106–170, title IV, § 402(a)(1), (b)(1), (d)(1), (2), 113 Stat. 1907–1909; Pub. L. 106–182, § 4(b), Apr. 7, 2000, 114 Stat. 199; Pub. L. 108–203, title II, § 203(a), title IV, §§ 412(a), (b), 418(a)–(b)(4)(B)(vi), (5), 420A(a), Mar. 2, 2004, 118 Stat. 509, 527, 528, 531–533, 535; Pub. L. 113–67, div. A, title II, § 204(a)(1), (b)(1), Dec. 26, 2013, 127 Stat. 1179, 1180; Pub. L. 113–270, §§ 3, 4, Dec. 18, 2014, 128 Stat. 2948, 2949; Pub. L. 114–74, title VIII, § 831(a)(1), (2), (b)(1), (2), Nov. 2, 2015, 129 Stat. 611–613; Pub. L. 118–273, §§ 2, 3(b), Jan. 5, 2025, 138 Stat. 3232.) Editorial Notes REFERENCES IN TEXT The effective date of this sentence, referred to in sub- sec. (d)(7)(A), is the effective date of section 5 of Pub. L. 96–473, which added such sentence effective with re- spect to benefits payable for months beginning on or after October 1, 1980. See Effective Date of 1980 Amend- ments note below. Section 212 of Public Law 93–66, referred to in sub- secs. (e)(5)(B), (8), (f)(5)(B), (8), and (n)(4), is set out as a note under section 1382 of this title. Section 102(g) of the Social Security Amendments of 1972, referred to in subsecs. (e)(6) and (f)(6), is section 102(g) of Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1329, which is set out as a Redetermination of Widow’s and Wid- ower’s Benefits note under this section. Paragraph (3) of subsec. (f), referred to in subsec. (f)(1), was redesignated par. (2) of subsec. (f) by Pub. L. Page 1840 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 108–203, § 418(b)(4)(A)(i). See 2004 Amendment note below. Section 2201 of the Omnibus Budget Reconciliation Act of 1981, referred to in subsec. (i), is Pub. L. 97–35, title XXII, § 2201, Aug. 13, 1981, 95 Stat. 830, which en- acted section 1382k of this title, amended sections 402, 403, 415, 417, and 433 of this title, and enacted provisions set out as notes under sections 415 and 1382k of this title. Clause (B) of subsection (f)(1) of this section as in ef- fect prior to the Social Security Act Amendments of 1950, and subsection (g) of this section as in effect prior to the Social Security Act Amendments of 1950, re- ferred to in subsec. (p), means such subsections as in ef- fect prior to September 1, 1950, which was the effective date of section 101(a) of act Aug. 28, 1950. See section 101(b), (1), (3) of act Aug. 28, 1950, set out as an Effective Date of 1950 Amendment note below. Subsection (c)(4) of this section, referred to in subsec. (s)(2), was redesignated subsec. (c)(3) by Pub. L. 108–203, § 418(b)(2)(A). See 2004 Amendment note below. Subsection (c)(6)(B) of section 416 of this title, re- ferred to in subsec. (s)(3), was redesignated subsec. (c)(1)(F)(ii) of section 416 of this title by Pub. L. 108–203, § 414(a)(1), (2), (4). Subsection (g)(6)(B) of section 416 of this title, re- ferred to in subsec. (s)(3), was redesignated subsec. (g)(1)(F)(ii) of section 416 of this title by Pub. L. 108–203, § 414(b)(1), (2), (4). The Railroad Retirement Act of 1937, referred to in subsec. (t)(4)(E), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally. See par. for Railroad Retirement Act of 1974 below. The Railroad Retirement Act of 1974, referred to in subsec. (t)(4)(E), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93–445 completely amended and revised the Railroad Retirement Act of 1937 (approved June 24, 1937, ch. 382, 50 Stat. 307), and as thus amended and revised, the 1937 Act was redesignated the Railroad Retirement Act of 1974. Previously, the 1937 Act had completely amended and revised the Railroad Retirement Act of 1935 (ap- proved Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the 1937 Act provided that the 1935 Act, as in force prior to amendment by the 1937 Act, may be cited as the Railroad Retirement Act of 1935; and that the 1935 Act, as amended by the 1937 Act may be cited as the Rail- road Retirement Act of 1937. The Railroad Retirement Acts of 1935 and 1937 were classified to subchapter II (§ 215 et seq.) and subchapter III (§ 228a et seq.), respec- tively, of chapter 9 of Title 45. For further details and complete classification of these Acts to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables. The month in which the Social Security Amendments of 1967 were enacted, referred to in the provisions fol- lowing subsec. (t)(4)(E), is Jan. 1968, date of approval of Pub. L. 90–248. The Internal Revenue Code of 1986, referred to in sub- secs. (v) and (x)(3)(C), is classified generally to Title 26, Internal Revenue Code. CODIFICATION In subsec. (t)(4), (10), ‘‘sections 3329(a) and 3330(a) of title 31’’ substituted for ‘‘the first section of the Act of October 9, 1940 (31 U.S.C. 123)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. AMENDMENTS 2025—Subsec. (b)(2). Pub. L. 118–273, § 2(b)(1), sub- stituted ‘‘subsection (q)’’ for ‘‘subsections (k)(5) and (q)’’. Subsec. (c)(2). Pub. L. 118–273, § 2(b)(2), substituted ‘‘subsection (q)’’ for ‘‘subsections (k)(5) and (q)’’. Subsec. (e)(2)(A). Pub. L. 118–273, § 2(b)(3), substituted ‘‘subsection (q)’’ for ‘‘subsection (k)(5), subsection (q),’’. Subsec. (e)(2)(C), (D)(i). Pub. L. 118–273, § 3(b), sub- stituted ‘‘paragraph (5) or (6) of section 415(f) of this title’’ for ‘‘section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title’’. Subsec. (f)(2)(A). Pub. L. 118–273, § 2(b)(4), substituted ‘‘subsection (q)’’ for ‘‘subsection (k)(5), subsection (q)’’. Subsec. (f)(2)(C), (D)(i). Pub. L. 118–273, § 3(b), sub- stituted ‘‘paragraph (5) or (6) of section 415(f) of this title’’ for ‘‘section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title’’. Subsec. (k)(5). Pub. L. 118–273, § 2(a), struck out par. (5) which reduced Social Security benefits pursuant to the Government Pension Offset provision. 2015—Subsec. (b)(1)(B). Pub. L. 114–74, § 831(a)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such applica- tion a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual,’’. Subsec. (c)(1)(B). Pub. L. 114–74, § 831(a)(2)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘has attained age 62 or (in the case of a husband) has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to child’s insurance benefits on the basis of the wages and self-employment income of such individual,’’. Subsec. (r)(1), (2). Pub. L. 114–74, § 831(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) If the first month for which an individual is enti- tled to an old-age insurance benefit is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible for a wife’s or husband’s insurance benefit for such first month, such individual shall be deemed to have filed an application in such month for wife’s or husband’s insurance benefits. ‘‘(2) If the first month for which an individual is enti- tled to a wife’s or husband’s insurance benefit reduced under subsection (q) of this section is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible (but for subsection (k)(4) of this section) for an old-age insurance benefit for such first month, such individual shall be deemed to have filed an application for old-age insurance benefits— ‘‘(A) in such month, or ‘‘(B) if such individual is also entitled to a dis- ability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit.’’ Subsec. (w)(2)(B)(ii). Pub. L. 114–74, § 831(b)(2), in- serted ‘‘under subsection (z)’’ after ‘‘request’’. Subsec. (z). Pub. L. 114–74, § 831(b)(1), added subsec. (z). 2014—Subsec. (n)(2). Pub. L. 113–270, § 4, amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘As soon as practicable after the removal of any individual under any of the paragraphs of section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, the Attorney General or the Secretary of Homeland Se- curity shall notify the Commissioner of Social Security of such removal.’’ Subsec. (n)(3). Pub. L. 113–270, § 3(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘For purposes of paragraphs (1) and (2) of this sub- section, an individual against whom a final order of re- moval has been issued under paragraph (4)(D) of section 1227(a) of title 8 (relating to participating in Nazi perse- cutions or genocide) shall be considered to have been removed under such paragraph (4)(D) as of the date on which such order became final.’’ Subsec. (n)(4). Pub. L. 113–270, § 3(b), added par. (4). 2013—Subsec. (x)(3)(B)(i)(I). Pub. L. 113–67, § 204(a)(1)(C), (D), inserted ‘‘dates of release or antici- pated dates of release, dates of work release,’’ after Page 1841 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ‘‘confinement commencement dates,’’ and ‘‘and clause (iv) of this subparagraph’’ after ‘‘paragraph (1)’’. Pub. L. 113–67, § 204(a)(1)(B), which directed amend- ment of subcl. (I) by substituting ‘‘or taxpayer identi- fication numbers, prison assigned inmate numbers, last known addresses,’’ for the comma after ‘‘social security account numbers’’, was executed by making the substi- tution for the comma after ‘‘Social Security account numbers’’ to reflect the probable intent of Congress. Pub. L. 113–67, § 204(a)(1)(A), inserted ‘‘first, middle, and last’’ before ‘‘names’’. Subsec. (x)(3)(B)(iv). Pub. L. 113–67, § 204(b)(1)(A), in- serted before period at end ‘‘, for statistical and re- search activities conducted by Federal and State agen- cies, and to the Secretary of the Treasury for the pur- poses of tax administration, debt collection, and identi- fying, preventing, and recovering improper payments under federally funded programs’’. Subsec. (x)(3)(B)(v). Pub. L. 113–67, § 204(b)(1)(B), added cl. (v). 2004—Subsec. (b)(2). Pub. L. 108–203, § 418(b)(1)(A), sub- stituted ‘‘subsections (k)(5) and (q)’’ for ‘‘subsection (q) and paragraph (4) of this subsection’’. Subsec. (b)(4), (5). Pub. L. 108–203, § 418(b)(1)(B), redes- ignated par. (5) as (4) and struck out former par. (4), which related to reduction of a wife’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the wife for such month which is based upon her earnings while in the service of the Federal Government or any State or po- litical subdivision thereof. Subsec. (c)(2). Pub. L. 108–203, § 418(b)(2), redesignated par. (3) as (2), substituted ‘‘subsections (k)(5) and (q)’’ for ‘‘subsection (q) and paragraph (2) of this sub- section’’, and struck out former par. (2), which related to reduction of a husband’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the husband for such month which is based upon his earnings while in the service of the Fed- eral Government or any State or political subdivision thereof. Subsec. (c)(3) to (5). Pub. L. 108–203, § 418(b)(2)(A), re- designated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2). Subsec. (d)(6)(B). Pub. L. 108–203, § 420A(a), inserted ‘‘(i)’’ after ‘‘began’’ and added cl. (ii). Subsec. (e)(2)(A). Pub. L. 108–203, § 418(b)(3)(A), sub- stituted ‘‘subsection (k)(5), subsection (q),’’ for ‘‘sub- section (q), paragraph (7) of this subsection,’’. Subsec. (e)(7) to (9). Pub. L. 108–203, § 418(b)(3)(B), re- designated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7), which related to reduc- tion of a widow’s insurance benefit for each month, in certain circumstances, by an amount equal to two- thirds of the amount of any monthly periodic benefit payable to the widow for such month which is based upon her earnings while in the service of the Federal Government or any State or political subdivision thereof. Subsec. (f)(1)(B)(ii). Pub. L. 108–203, § 418(b)(4)(B)(i), substituted ‘‘paragraph (4)’’ for ‘‘paragraph (5)’’. Subsec. (f)(1)(F). Pub. L. 108–203, § 418(b)(4)(B)(ii), in cl. (i), substituted ‘‘paragraph (5)’’ for ‘‘paragraph (6)’’ and, in cl. (ii), substituted ‘‘paragraph (4)’’ for ‘‘para- graph (5)’’. Subsec. (f)(2). Pub. L. 108–203, § 418(b)(4)(A)(i), redesig- nated par. (3) as (2) and struck out former par. (2), which related to reduction of a widower’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widower for such month which is based upon his earnings while in the service of the Federal Government or any State or political subdivision thereof. Subsec. (f)(2)(A). Pub. L. 108–203, § 418(b)(4)(A)(ii), sub- stituted ‘‘subsection (k)(5), subsection (q),’’ for ‘‘sub- section (q), paragraph (2) of this subsection,’’. Subsec. (f)(3), (4). Pub. L. 108–203, § 418(b)(4)(A)(i), re- designated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2). Subsec. (f)(5). Pub. L. 108–203, § 418(b)(4)(A)(i), (B)(iii), redesignated par. (6) as (5) and substituted ‘‘paragraph (4)’’ for ‘‘paragraph (5)’’ in subpar. (A)(ii). Former par. (5) redesignated (4). Subsec. (f)(6) to (9). Pub. L. 108–203, § 418(b)(4)(A)(i), re- designated pars. (7) to (9) as (6) to (8), respectively. Former par. (6) redesignated (5). Subsec. (g)(2). Pub. L. 108–203, § 418(b)(5)(A), sub- stituted ‘‘Such’’ for ‘‘Except as provided in paragraph (4) of this subsection, such’’. Subsec. (g)(4). Pub. L. 108–203, § 418(b)(5)(B), struck out par. (4), which related to reduction of a mother’s or father’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the individual for such month which is based upon the indi- vidual’s earnings while in the service of the Federal Government or any State or political subdivision thereof. Subsec. (k)(2)(B). Pub. L. 108–203, § 418(b)(4)(B)(iv), substituted ‘‘or (f)(3)’’ for ‘‘or (f)(4)’’ in two places. Subsec. (k)(3)(A). Pub. L. 108–203, § 418(b)(4)(B)(v), sub- stituted ‘‘or (f)(2)’’ for ‘‘or (f)(3)’’. Subsec. (k)(3)(B). Pub. L. 108–203, § 418(b)(4)(B)(vi), substituted ‘‘or (f)(3)’’ for ‘‘or (f)(4)’’. Subsec. (k)(5). Pub. L. 108–203, § 418(a), added par. (5). Subsec. (n). Pub. L. 108–203, § 412(b)(1)(C), substituted ‘‘removal’’ for ‘‘deportation’’ in heading. Subsec. (n)(1). Pub. L. 108–203, § 412(b)(1)(B), sub- stituted ‘‘removed’’ for ‘‘deported’’ in introductory pro- visions. Pub. L. 108–203, § 412(a)(1), substituted ‘‘section 1227(a) of title 8 (other than under paragraph (1)(C) of such sec- tion) or under section 1182(a)(6)(A) of title 8’’ for ‘‘sec- tion 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)’’ in introductory provisions. Subsec. (n)(1)(A). Pub. L. 108–203, § 412(b)(2), inserted ‘‘or the Secretary of Homeland Security’’ after ‘‘the Attorney General’’. Pub. L. 108–203, § 412(b)(1)(B), substituted ‘‘removed’’ for ‘‘deported’’. Subsec. (n)(2). Pub. L. 108–203, § 412(b)(2), inserted ‘‘or the Secretary of Homeland Security’’ after ‘‘the Attor- ney General’’. Pub. L. 108–203, § 412(b)(1)(A), substituted ‘‘removal’’ for ‘‘deportation’’ in two places. Pub. L. 108–203, § 412(a)(2), substituted ‘‘section 1227(a) of title 8 (other than under paragraph (1)(C) of such sec- tion) or under section 1182(a)(6)(A) of title 8’’ for ‘‘sec- tion 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)’’. Subsec. (n)(3). Pub. L. 108–203, § 412(a)(4), (b)(1)(A), (B), substituted ‘‘removed’’ for ‘‘deported’’ and ‘‘removal’’ for ‘‘deportation’’ and made technical amendment to reference in original act which appears in text as ref- erence to section 1227(a) of title 8. Pub. L. 108–203, § 412(a)(3), substituted ‘‘paragraph (4)(D) of section 1227(a) of title 8 (relating to partici- pating in Nazi persecutions or genocide) shall be con- sidered to have been deported under such paragraph (4)(D)’’ for ‘‘paragraph (19) of section 1227(a) of title 8 (relating to persecution of others on account of race, religion, national origin, or political opinion, under the direction of or in association with the Nazi government of Germany or its allies) shall be considered to have been deported under such paragraph (19)’’. Subsec. (x). Pub. L. 108–203, § 203(a)(1), substituted ‘‘prisoners, certain other inmates of publicly funded in- stitutions, fugitives, probationers, and parolees’’ for ‘‘prisoners and certain other inmates of publicly funded institutions’’ in heading. Subsec. (x)(1)(A)(iv), (v). Pub. L. 108–203, § 203(a)(2)–(4), added cls. (iv) and (v). Subsec. (x)(1)(B)(iii), (iv). Pub. L. 108–203, § 203(a)(5), added cls. (iii) and (iv). Subsec. (x)(3)(C). Pub. L. 108–203, § 203(a)(6), added sub- par. (C). 2000—Subsec. (w)(2)(B)(ii). Pub. L. 106–182 substituted ‘‘or, if so entitled, did not receive benefits pursuant to a request by such individual that benefits not be paid’’ Page 1842 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 for ‘‘or suffered deductions under section 403(b) or 403(c) of this title in amounts equal to the amount of such benefit’’. 1999—Subsec. (w)(2)(B)(iii). Pub. L. 106–169 added cl. (iii). Subsec. (x)(1)(A). Pub. L. 106–170, § 402(b)(1)(A), sub- stituted ‘‘ending with or during or beginning with or during a period of more than 30 days throughout all of which’’ for ‘‘during which’’ in introductory provisions. Subsec. (x)(1)(A)(i). Pub. L. 106–170, § 402(d)(1)(A), struck out ‘‘or’’ at end. Pub. L. 106–170, § 402(b)(1)(B), substituted ‘‘a criminal offense’’ for ‘‘an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)’’. Subsec. (x)(1)(A)(ii)(I). Pub. L. 106–170, § 402(b)(1)(C), substituted ‘‘a criminal offense’’ for ‘‘an offense punish- able by imprisonment for more than 1 year’’. Subsec. (x)(1)(A)(ii)(IV). Pub. L. 106–170, § 402(d)(1)(B), substituted ‘‘, or’’ for period at end. Subsec. (x)(1)(A)(iii). Pub. L. 106–170, § 402(d)(1)(C), added cl. (iii). Subsec. (x)(1)(B)(ii). Pub. L. 106–170, § 402(d)(2), sub- stituted ‘‘clauses (ii) and (iii)’’ for ‘‘clause (ii)’’. Subsec. (x)(3). Pub. L. 106–170, § 402(a)(1), designated existing provisions as subpar. (A) and added subpar. (B). 1996—Subsec. (d)(1)(H). Pub. L. 104–121, § 104(b)(1), added subpar. (H). Subsec. (d)(4). Pub. L. 104–121, § 104(a)(1), struck out ‘‘was living with or’’ before ‘‘was receiving at least one- half of his support’’. Subsec. (d)(10). Pub. L. 104–121, § 104(b)(2), added par. (10). Subsec. (n). Pub. L. 104–208, § 308(g)(1), substituted ‘‘section 1227(a)’’ for ‘‘section 1251(a)’’ in pars. (1) to (3). Subsec. (y). Pub. L. 104–208, § 503(a), added subsec. (y). 1994—Subsec. (b)(4)(A). Pub. L. 103–296, § 308(a)(1), (2), transferred closing provision for cl. (ii), which read ‘‘unless subparagraph (B) applies.’’, to appear before ‘‘The amount’’ in closing provision for subpar. (A). Subsec. (b)(4)(B). Pub. L. 103–296, § 308(a)(3), des- ignated existing provisions as cl. (ii) and added cl. (i). Subsec. (b)(4)(C), (5)(A). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (c)(2)(A). Pub. L. 103–296, § 308(a)(1), (2), trans- ferred closing provision for cl. (ii), which read ‘‘unless subparagraph (B) applies.’’, to appear before ‘‘The amount’’ in closing provision for subpar. (A). Subsec. (c)(2)(B). Pub. L. 103–296, § 308(a)(3), des- ignated existing provisions as cl. (ii) and added cl. (i). Subsec. (c)(2)(C), (5)(A). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (d)(7)(A). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ and ‘‘the Commissioner’’ for ‘‘him’’. Subsec. (d)(7)(B). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (d)(8)(D)(ii). Pub. L. 103–296, § 321(a)(2), in- serted period at end and realigned margin. Subsec. (e)(1)(C)(ii)(III), (5)(B). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Secu- rity’’ for ‘‘Secretary’’ wherever appearing. Subsec. (e)(7)(A). Pub. L. 103–296, § 308(a)(1), (2), trans- ferred closing provision for cl. (ii), which read ‘‘unless subparagraph (B) applies.’’, to appear before ‘‘The amount’’ in closing provision for subpar. (A). Subsec. (e)(7)(B). Pub. L. 103–296, § 308(a)(3), des- ignated existing provisions as cl. (ii) and added cl. (i). Subsec. (e)(7)(C), (9). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (f)(1)(C)(ii)(III). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in two places. Subsec. (f)(2)(A). Pub. L. 103–296, § 308(a)(1), (2), trans- ferred closing provision for cl. (ii), which read ‘‘unless subparagraph (B) applies.’’, to appear before ‘‘The amount’’ in closing provision for subpar. (A). Subsec. (f)(2)(B). Pub. L. 103–296, § 308(a)(3), designated existing provisions as cl. (ii) and added cl. (i). Subsec. (f)(2)(C), (6)(B), (9). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (g)(4)(A). Pub. L. 103–296, § 308(a)(1), (2), trans- ferred closing provision for cl. (ii), which read ‘‘unless subparagraph (B) applies.’’, to appear before ‘‘The amount’’ in closing provision for subpar. (A). Subsec. (g)(4)(B). Pub. L. 103–296, § 308(a)(3), des- ignated existing provisions as cl. (ii) and added cl. (i). Subsec. (g)(4)(C). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsecs. (i), (j)(1), (2), (5). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (n)(1). Pub. L. 103–296, § 321(b)(1), made tech- nical amendment to directory language of Pub. L. 101–649, § 603(b)(5)(A). See 1990 Amendment note below. Subsecs. (n)(1)(A), (2), (p). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (q)(1)(A). Pub. L. 103–296, § 321(a)(3), struck out dash after ‘‘multiplied by’’ at end. Subsec. (q)(5)(A)(i). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ in two places. Subsec. (q)(9). Pub. L. 103–296, § 321(a)(4), in introduc- tory provisions substituted ‘‘paragraph (1)’’ for ‘‘parargaph (1)’’. Subsec. (q)(9)(B). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (t)(1)(A). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’, ‘‘the Commissioner by’’ for ‘‘him by’’, and ‘‘the Commissioner’s attention’’ for ‘‘his attention’’. Subsec. (t)(2). Pub. L. 103–296, § 107(a)(4), in introduc- tory provisions substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (t)(4)(D). Pub. L. 103–296, § 321(a)(5), inserted ‘‘if the’’ before ‘‘Secretary of Veterans Affairs deter- mines that such’’ and before ‘‘Secretary of Veterans Af- fairs certifies to the’’. Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ before ‘‘his deter- minations with’’. Subsecs. (t)(8), (u)(2). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ wherever appearing. Subsec. (v)(1). Pub. L. 103–296, § 321(c)(2)(A), sub- stituted ‘‘Code of 1986’’ for ‘‘Code of 1954’’. Subsec. (v)(3)(A). Pub. L. 103–296, § 321(c)(2)(B), in- serted ‘‘of the Internal Revenue Code of 1986’’ after ‘‘3127’’. Subsec. (x). Pub. L. 103–387, § 4(a)(1), inserted ‘‘and certain other inmates of publicly funded institutions’’ in heading. Subsec. (x)(1). Pub. L. 103–387, § 4(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘Notwithstanding any other provision of this sub- chapter, no monthly benefits shall be paid under this section or under section 423 of this title to any indi- vidual for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfac- torily participating in a rehabilitation program which has been specifically approved for such individual by a court of law and, as determined by the Commissioner of Social Security, is expected to result in such individual being able to engage in substantial gainful activity upon release and within a reasonable time.’’ Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (x)(3). Pub. L. 103–387, § 4(a)(3), substituted ‘‘any individual who is confined as described in para- graph (1) if the confinement is under the jurisdiction of Page 1843 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section’’ for ‘‘any individual who is confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to his conviction of an offense which constituted a fel- ony under applicable law, which the Commissioner of Social Security may require to carry out the provisions of this subsection’’. Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in two places. 1991—Subsec. (o). Pub. L. 102–40 substituted ‘‘section 5105 of title 38’’ for ‘‘section 3005 of title 38’’. Subsec. (t)(4)(D). Pub. L. 102–54 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’ before ‘‘determines was’’, ‘‘Secretary of Veterans Affairs’’ for ‘‘if the Administrator’’ before ‘‘determines that’’, and ‘‘Secretary of Veterans Af- fairs’’ for ‘‘if the Administrator’’ before ‘‘certifies’’. 1990—Subsec. (e)(5). Pub. L. 101–508, § 5103(c)(2)(A), des- ignated existing provision as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respec- tively, in cl. (ii) substituted ‘‘(I)’’ and ‘‘(II)’’ for ‘‘(i)’’ and ‘‘(ii)’’, respectively, and added subpar. (B). Subsec. (e)(9). Pub. L. 101–508, § 5103(d)(1), added par. (9). Subsec. (f)(6). Pub. L. 101–508, § 5103(c)(2)(B), des- ignated existing provision as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respec- tively, in cl. (ii) substituted ‘‘(I)’’ and ‘‘(II)’’ for ‘‘(i)’’ and ‘‘(ii)’’, respectively, and added subpar. (B). Subsec. (f)(9). Pub. L. 101–508, § 5103(d)(2), added par. (9). Subsec. (j)(4)(A). Pub. L. 101–508, § 5116(a)(1), sub- stituted ‘‘if the amount of the monthly benefit to which such individual would otherwise be entitled for any such month would be subject to reduction pursuant to subsection (q)’’ for ‘‘if the effect of entitlement to such benefit would be to reduce, pursuant to subsection (q), the amount of the monthly benefit to which such individual would otherwise be entitled for the month in which such application is filed’’. Subsec. (j)(4)(B)(i). Pub. L. 101–508, § 5116(a)(2), redes- ignated cl. (ii) as (i) and struck out former cl. (i) which read as follows: ‘‘If the individual applying for retro- active benefits is applying for such benefits under sub- section (a) of this section, and there are one or more other persons who would (except for subparagraph (A)) be entitled for any month, on the basis of the wages and self-employment income of such individual and be- cause of such individual’s entitlement to such retro- active benefits, to retroactive benefits under sub- section (b), (c), or (d) of this section not subject to re- duction under subsection (q) of this section, then sub- paragraph (A) shall not apply with respect to such month or any subsequent month.’’ Subsec. (j)(4)(B)(ii) to (v). Pub. L. 101–508, § 5116(a)(2), redesignated cls. (iii) and (v) as (ii) and (iii), respec- tively, and struck out cl. (iv) which read as follows: ‘‘If the individual applying for retroactive benefits has ex- cess earnings (as defined in section 403(f) of this title) in the year in which he or she files an application for such benefits which could, except for subparagraph (A), be charged to months in such year prior to the month of application, then subparagraph (A) shall not apply to so many of such months immediately preceding the month of application as are required to charge such ex- cess earnings to the maximum extent possible.’’ Former cl. (ii) redesignated (i). Subsec. (n)(1). Pub. L. 101–649, § 603(b)(5)(A), as amend- ed by Pub. L. 103–296, § 321(b)(1), substituted ‘‘under sec- tion 1251(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)’’ for ‘‘under paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14), (15), (16), (17), (18), or (19) of section 1251(a) of title 8’’. Subsec. (n)(2). Pub. L. 101–649, § 603(b)(5)(B), sub- stituted ‘‘(other than under paragraph (1)(C) or (1)(E) thereof)’’ for ‘‘enumerated in paragraph (1) in this sub- section’’. 1989—Subsec. (d)(8). Pub. L. 101–239, § 10301(b), struck out at end ‘‘In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of birth of such child.’’ Subsec. (d)(8)(D). Pub. L. 101–239, § 10301(a), inserted ‘‘and’’ after comma at end of cl. (i), added cl. (ii), and struck out former cls. (ii) and (iii) which related to children living with such individual in the United States and receiving at least one-half of support from such individual and who had not attained the age of 18 before living with such individual. Subsec. (j)(5). Pub. L. 101–239, § 10302(a)(1), added par. (5). Subsec. (q)(3). Pub. L. 101–239, § 10203(a), redesignated subpar. (H) as (E) and struck out former subpars. (E), (F), and (G) which related to reductions in benefits for individuals entitled to both old-age and widow’s or wid- ower’s insurance, reductions in benefits for individuals age 62 or over who are entitled to both disability insur- ance and widow’s or widower’s insurance, and reduc- tions in benefits for individuals under age 62 who are entitled to both disability insurance and widow’s or widower’s insurance. 1988—Subsecs. (b)(4)(A)(ii)(II), (c)(2)(A)(ii)(II). Pub. L. 100–647, § 8014(a), substituted ‘‘the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in sub- chapter II of chapter 8 of title I of the Foreign Service Act of 1980’’ for ‘‘chapter 84 of title 5’’. Subsec. (e)(1)(C). Pub. L. 100–647, § 8010(a)(1), (2), redes- ignated former cl. (ii) as (iii), added cls. (i) and (ii), and struck out former cl. (i) which read as follows: ‘‘has filed application for widow’s insurance benefits, or was entitled to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, and (I) has attained retirement age (as defined in sec- tion 416(l) of this title) or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title, or’’. Subsec. (e)(7)(A)(ii)(II). Pub. L. 100–647, § 8014(a), sub- stituted ‘‘the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980’’ for ‘‘chap- ter 84 of title 5’’. Subsec. (e)(8). Pub. L. 100–647, § 8010(a)(3), added par. (8). Subsec. (f)(1)(C). Pub. L. 100–647, § 8010(b)(1), (2), redes- ignated former cl. (ii) as (iii), added cls. (i) and (ii), and struck out former cl. (i) which read as follows: ‘‘has filed application for widower’s insurance benefits or was entitled to husband’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which she died, and (I) has attained retirement age (as defined in section 416(l) of this title) or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title, or’’. Subsec. (f)(2)(A)(ii)(II). Pub. L. 100–647, § 8014(a), sub- stituted ‘‘the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980’’ for ‘‘chap- ter 84 of title 5’’. Subsec. (f)(8). Pub. L. 100–647, § 8010(b)(3), added par. (8). Subsec. (g)(4)(A)(ii)(II). Pub. L. 100–647, § 8014(a), sub- stituted ‘‘the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980’’ for ‘‘chap- ter 84 of title 5’’. Subsec. (n)(1). Pub. L. 100–647, § 8004(a), inserted ref- erence to par. (19) of section 1251(a) of title 8 in intro- ductory provisions. Page 1844 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Subsec. (n)(3). Pub. L. 100–647, § 8004(b), added par. (3). Subsec. (v). Pub. L. 100–647, § 8007(b), designated exist- ing provisions as par. (1), inserted ‘‘and subject to para- graph (3),’’ after ‘‘Notwithstanding any other provi- sions of this subchapter,’’, struck out ‘‘; except that, if thereafter such individual’s tax exemption under such section 1402(g) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this subchapter and part A of sub- chapter XVIII of this chapter to the extent based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effec- tive and on his wages for and after the calendar year (if any) which begins in or with the beginning of such tax- able year’’ after ‘‘the filing of such waiver’’, and added pars. (2) and (3). 1987—Subsec. (b)(4). Pub. L. 100–203, § 9007(a), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: ‘‘The amount of a wife’s insurance benefit for each month as determined after application of the pro- visions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic ben- efit payable to such wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or po- litical subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was em- ployed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduc- tion in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.’’ Subsec. (c)(2). Pub. L. 100–203, § 9007(b), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: ‘‘The amount of a husband’s insurance benefit for each month as determined after application of the provi- sions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic ben- efit payable to such husband (or divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was em- ployed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduc- tion in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.’’ Subsec. (d)(1)(G)(i). Pub. L. 100–203, § 9010(b), sub- stituted ‘‘36 months’’ for ‘‘15 months’’. Subsec. (e)(1). Pub. L. 100–203, § 9010(c), substituted ‘‘36 months’’ for ‘‘15 months’’ in subcl. (II) of last sen- tence. Subsec. (e)(7). Pub. L. 100–203, § 9007(c), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: ‘‘The amount of a widow’s insurance benefit for each month as determined (after application of the provi- sions of subsections (q) and (k) of this section, para- graph (2)(D), and paragraph (3)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.’’ Subsec. (f)(1). Pub. L. 100–203, § 9010(d), substituted ‘‘36 months’’ for ‘‘15 months’’ in subcl. (II) of last sentence. Subsec. (f)(2). Pub. L. 100–203, § 9007(d), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: ‘‘The amount of a widower’s insurance benefit for each month (as determined after application of the provi- sions of subsections (k) and (q) of this section, para- graph (3)(D), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widower for such month which is based upon his earnings while in the service of the Federal Govern- ment or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subpara- graph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.’’ Subsec. (g)(4). Pub. L. 100–203, § 9007(e), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: ‘‘The amount of a mother’s or father’s insurance ben- efit for each month to which any individual is entitled under this subsection (as determined after application of subsection (k) of this section) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual’s earnings while in the service of the Federal Government or any State (or political subdivi- sion thereof, as defined in section 418(b)(2) of this title) if, on the last day such individual was employed by such entity, such service did not constitute ‘employ- ment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.’’ 1986—Subsec. (c)(5)(B). Pub. L. 99–514, § 1883(a)(1), sub- stituted ‘‘or (J)’’ for ‘‘or (I)’’. Subsec. (d)(6)(E). Pub. L. 99–272, § 12107(a), substituted ‘‘the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title,’’ for ‘‘the third month following the month in which he ceases to be under such disability’’. Subsec. (d)(8)(D)(ii)(III). Pub. L. 99–272, § 12104(a), in- serted ‘‘or great-grandchild’’ after ‘‘grandchild’’. Subsec. (q)(5)(A)(i). Pub. L. 99–514, § 1883(a)(2), sub- stituted ‘‘prescribed by the Secretary’’ for ‘‘prescribed by him’’. Subsec. (q)(5)(C). Pub. L. 99–514, § 1883(a)(3), which di- rected substitution of ‘‘he or she shall be deemed’’ for ‘‘she shall be deemed’’ was not executed because of prior amendment substituting ‘‘he or she’’ for ‘‘she’’ by Pub. L. 98–21, § 309(c)(4). See 1983 Amendment note below. 1984—Subsec. (a). Pub. L. 98–369, § 2662(c)(1), made a clarifying amendment to Pub. L. 98–21, § 201(c)(1)(A). See 1983 Amendment note below. Subsec. (c)(1). Pub. L. 98–369, § 2661(b)(1)(A), (B), sub- stituted ‘‘retirement age (as defined in section 416(l) of this title)’’ for ‘‘age 65’’ in cls. (i) and (ii)(I) of provi- sions following subpar. (D) and preceding subpar. (E). Pub. L. 98–369, § 2661(b)(1)(C), substituted ‘‘in which’’ for ‘‘to which’’ in provisions following cl. (ii) of provi- sions following subpar. (D) and preceding subpar. (E). Subsec. (c)(5)(A). Pub. L. 98–369, § 2661(b)(2), sub- stituted ‘‘clauses (i) and (ii)’’ for ‘‘classes (i) and (ii)’’. Subsec. (d)(1). Pub. L. 98–369, § 2663(a)(2)(A)(i), sub- stituted ‘‘subparagraphs’’ for ‘‘paragraphs’’ and ‘‘sub- paragraph’’ for ‘‘paragraph’’ in cl. (ii) of provisions fol- lowing subpar. (C) and preceding subpar. (D). Subsec. (d)(1)(G). Pub. L. 98–369, § 2663(a)(2)(A)(ii), in restructuring subpar. (G), struck out the comma after ‘‘age of 18’’, substituted a dash for a comma after ‘‘the age of 22’’, substituted ‘‘(i) the termination month, sub- ject to section 423(e) of this title (and for purposes’’ for ‘‘, or, subject to section 423(e) of this title, the termi- nation month (and for purposes’’, and inserted closing Page 1845 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 parenthesis after ‘‘activity’’ and substituted ‘‘(ii)’’ and ‘‘(iii)’’ for ‘‘(III)’’ and ‘‘(IV)’’, respectively. Subsec. (d)(7)(A). Pub. L. 98–369, § 2663(a)(2)(A)(iii), substituted ‘‘the effective date of this sentence’’ for ‘‘the date of enactment of this paragraph’’. Subsec. (e)(1). Pub. L. 98–369, § 2663(a)(2)(B), in provi- sions following subpar. (F)(ii), struck out first of two commas following ‘‘age 60’’ and substituted ‘‘she en- gages’’ for ‘‘he engages’’. Subsec. (e)(2)(A). Pub. L. 98–369, § 2661(c)(1), sub- stituted ‘‘paragraph (7) of this subsection’’ for ‘‘para- graph (8) of this subsection’’. Subsec. (e)(2)(C). Pub. L. 98–369, § 2661(c)(2), struck out the period after ‘‘If such deceased individual’’ and in- serted a closing parenthesis after ‘‘paragraph (3) of such subsection (w)’’. Subsec. (e)(7)(A). Pub. L. 98–369, § 2661(c)(3), sub- stituted ‘‘paragraph (2)(D)’’ for ‘‘paragraph (2)(B)’’. Subsec. (f)(1). Pub. L. 98–369, § 2663(a)(2)(C), struck out the first of two commas after ‘‘age 60’’ in provisions fol- lowing subpar. (F). Subsec. (f)(1)(C)(ii). Pub. L. 98–369, § 2661(d)(1), sub- stituted ‘‘retirement age (as defined in section 416(l) of this title)’’ for ‘‘age 65’’. Subsec. (f)(2)(A). Pub. L. 98–369, § 2661(d)(2), sub- stituted ‘‘paragraph (3)(D)’’ for ‘‘paragraph (3)(B)’’. Subsec. (f)(3)(C). Pub. L. 98–369, § 2661(d)(3), struck out the period after ‘‘If such deceased individual’’. Subsec. (f)(3)(D)(i). Pub. L. 98–369, § 2663(a)(2)(D), struck out the semicolon after ‘‘applicable,’’. Subsec. (i). Pub. L. 98–369, § 2663(a)(2)(E), amended lan- guage being deleted by Pub. L. 97–35, § 2202(a)(1). See 1981 Amendment note below. Subsec. (q)(3)(E). Pub. L. 98–369, § 2662(c)(1), made a clarifying amendment to Pub. L. 98–21, § 201(c)(1)(A). See 1983 Amendment note below. Subsec. (q)(3)(G). Pub. L. 98–369, § 2663(a)(2)(F)(i), sub- stituted ‘‘if the period’’ for ‘‘as if the period’’. Subsec. (q)(7)(E). Pub. L. 98–369, § 2663(a)(2)(F)(ii), sub- stituted ‘‘she or he attained retirement age’’ for ‘‘he at- tained retirement age’’. Subsec. (q)(9)(B)(i). Pub. L. 98–369, § 2661(e), sub- stituted ‘‘section 416(l) of this title’’ for ‘‘section 416(a) of this title’’. Subsec. (t)(4)(E). Pub. L. 98–369, § 2663(a)(2)(G), in- serted ‘‘of 1937 or 1974’’ after ‘‘Railroad Retirement Act’’ the first place it appears and substituted ref- erences to section 5(k)(1) of the Railroad Retirement Act of 1937 and section 18(2) of the Railroad Retirement Act of 1974 for reference to section 5(k)(1) of the Rail- road Retirement Act. Subsec. (u)(1)(B). Pub. L. 98–369, § 2663(a)(2)(H), struck out ‘‘, 822, or 823’’ after ‘‘section 783’’. 1983—Subsec. (a). Pub. L. 98–21, § 201(c)(1)(A), as amended by Pub. L. 98–369, § 2662(c)(1), substituted ref- erence to retirement age as defined in section 416(l) of this title for reference to age 65 or the age of 65, wher- ever appearing. Subsec. (b)(1). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places. Subsec. (b)(3). Pub. L. 98–21, § 307(a), struck out excep- tion in provisions following subpar. (B) that, in the case of such a marriage to an individual entitled to benefits under subsection (d) of this section, the pre- ceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsection (d) of this section unless he ceased to be so entitled by reason of his death. Subsec. (b)(3)(A). Pub. L. 98–21, §§ 301(a)(7), 309(a), in- serted references to subsecs. (c) and (g), respectively. Subsec. (b)(4)(A). Pub. L. 98–21, § 337(a), substituted ‘‘by an amount equal to two-thirds of the amount of any monthly periodic benefit’’ for ‘‘by an amount equal to the amount of any monthly periodic benefit’’, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. Pub. L. 97–455, § 7(c), inserted ‘‘for purposes of this subchapter’’ after ‘‘as defined in section 410 of this title’’. Subsec. (b)(5). Pub. L. 98–21, § 132(a), added par. (5). Subsec. (c)(1). Pub. L. 98–21, § 301(a)(1), inserted ‘‘and every divorced husband (as defined in section 416(d) of this title)’’ before ‘‘of an individual’’, and ‘‘or such di- vorced husband’’ after ‘‘if such husband’’ in provisions preceding subpar. (A). Pub. L. 98–21, § 306(d), in provisions following subpar. (D) and preceding subpar. (E), inserted ‘‘(subject to sub- section (s))’’ after ‘‘be entitled to’’. Pub. L. 98–21, § 201(c)(1)(A), which directed the substi- tution of ‘‘retirement age (as defined in section 416(l) of this title’’ for ‘‘age 65’’ in provisions following subpar. (D) and preceding subpar. (E) was executed to those provisions after the execution of the amendment by section 301(a)(2)(C) of Pub. L. 98–21 as the probable in- tent of Congress. Pub. L. 98–21, § 301(a)(2)(C), amended provisions fol- lowing subpar. (D) generally, inserting references to a divorced husband and to subpar. (D), designating exist- ing provisions as subpars. (E) to (G) and (I) and (J), add- ing subpar. (H), and revising subpar. (G). Subsec. (c)(1)(B). Pub. L. 98–21, § 306(e), inserted alter- native provisions relating to the case of a husband. Subsec. (c)(1)(C). Pub. L. 98–21, § 301(a)(2)(A), (B), added subpar. (C) and redesignated former subpar. (C) as (D). Subsec. (c)(1)(D). Pub. L. 98–21, § 301(a)(8), substituted ‘‘such individual’’ for ‘‘his wife’’ after ‘‘amount of’’. Pub. L. 98–21, § 301(a)(2)(B), redesignated former sub- par. (C) as (D). Subsec. (c)(1)(I) to (K). Pub. L. 98–21, § 306(f), added subpar. (I), and redesignated subpars. (I) and (J), as added by section 301(a)(2)(C) of Pub. L. 98–21, as (J) and (K). Subsec. (c)(2)(A). Pub. L. 98–21, § 337(a), substituted ‘‘by an amount equal to two-thirds of the amount of any monthly periodic benefit’’ for ‘‘by an amount equal to the amount of any monthly periodic benefit’’, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. Pub. L. 98–21, § 301(a)(6), inserted ‘‘(or divorced hus- band)’’ after ‘‘payable to such husband’’. Pub. L. 97–455, § 7(c), inserted ‘‘for purposes of this subchapter’’ after ‘‘as defined in section 410 of this title’’. Subsec. (c)(3). Pub. L. 98–21, § 301(a)(3), inserted ‘‘(or, in the case of a divorced husband, his former wife)’’ be- fore ‘‘for such month’’. Subsec. (c)(4), (5). Pub. L. 98–21, § 301(a)(4), (5), added pars. (4) and (5). Subsec. (d)(5). Pub. L. 98–21, § 307(a), struck out excep- tion in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to ben- efits under section 423(a) of this title or this subsection, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or this sub- section unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was enti- tled, for the month following such last month, to bene- fits under subsection (a) of this section. Subsec. (d)(5)(A). Pub. L. 98–21, § 301(a)(9), inserted ref- erence to subsec. (c). Subsec. (d)(8)(D)(ii)(II). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places. Subsec. (e)(1). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions fol- lowing subpar. (F). Pub. L. 98–21, § 133(a)(2)(A), inserted ‘‘(as determined after application of subparagraphs (B) and (C) of para- Page 1846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 graph (2))’’ after ‘‘primary insurance amount’’ in provi- sions following subpar. (F). Subsec. (e)(1)(B)(ii). Pub. L. 98–21, § 131(a)(3)(B), sub- stituted reference to par. (4) for reference to par. (5). Subsec. (e)(1)(C). Pub. L. 98–21, § 201(c)(1)(A), sub- stituted reference to retirement age as defined in sec- tion 416(l) of this title for reference to age 65 in two places. Subsec. (e)(1)(D). Pub. L. 98–21, § 133(a)(2)(A), inserted ‘‘(as determined after application of subparagraphs (B) and (C) of paragraph (2))’’ after ‘‘primary insurance amount’’. Subsec. (e)(1)(F)(i). Pub. L. 98–21, § 131(a)(3)(C), sub- stituted reference to par. (5) for reference to par. (6). Subsec. (e)(1)(F)(ii). Pub. L. 98–21, § 131(a)(3)(C), sub- stituted reference to par. (4) for reference to par. (5). Subsec. (e)(2)(A). Pub. L. 98–21, § 133(a)(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Except as provided in subsection (q) of this section, paragraph (7) of this subsection, and sub- paragraph (B) of this paragraph, such widow’s insur- ance benefit for each month shall be equal to the pri- mary insurance amount (as determined after applica- tion of the following sentence) of such deceased indi- vidual. If such deceased individual was (or upon appli- cation would have been) entitled to an old-age insur- ance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon application have re- ceived) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insur- ance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section the num- ber of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the condi- tions in paragraph (2) of subsection (w) of this section.’’ Pub. L. 98–21, § 131(a)(3)(D), substituted reference to par. (7) for reference to par. (8). Pub. L. 98–21, § 113(d), substituted ‘‘section 415(f)(5), 415(f)(6), or 415(f)(9)(B)’’ for ‘‘section 415(f)(5) or (6)’’. Subsec. (e)(2)(B). Pub. L. 98–21, § 133(a)(1)(A), added subpar. (B) and redesignated former subpar. (B) as (D). Subsec. (e)(2)(B)(i). Pub. L. 98–21, § 113(d), substituted ‘‘section 415(f)(5), 415(f)(6), or 415(f)(9)(B)’’ for ‘‘section 415(f)(5) or (6)’’. Subsec. (e)(2)(C), (D). Pub. L. 98–21, § 133(a)(1), added subpar. (C) and redesignated former subpar. (B) as (D). Subsec. (e)(2)(D)(ii). Pub. L. 98–21, § 133(a)(2)(B), in- serted ‘‘(as determined without regard to subparagraph (C))’’ after ‘‘primary insurance amount’’. Subsec. (e)(3). Pub. L. 98–21, § 131(a)(1)–(3)(A), redesig- nated par. (4) as (3) and substituted provision that, for purposes of par. (1), if (A) a widow or surviving divorced wife marries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection, or (B) a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50, such marriage shall be deemed not to have oc- curred, for provision that if a widow, after attaining age 60, married, such marriage would for purposes of par. (1) be deemed not to have occurred. Former par. (3), which provided that if a widow before attaining age 60, or a surviving divorced wife, married (A) an indi- vidual entitled to benefits under subsec. (f) or (h), or (B) an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such wid- ow’s or surviving divorced wife’s entitlement to bene- fits under this subsection would, notwithstanding the provisions of par. (1) of this subsection, but subject to subsec. (s), not be terminated by reason of such mar- riage, except that, in the case of such a marriage to an individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so enti- tled by reason of his death, was struck out. Subsec. (e)(4). Pub. L. 98–21, § 131(a)(3)(A), redesig- nated par. (5) as (4). Former par. (4) redesignated (3). Subsec. (e)(5). Pub. L. 98–21, § 131(a)(3)(A), (E), redesig- nated par. (6) as (5) and substituted reference to par. (4) for reference to par. (5). Former par. (5) redesignated (4). Subsec. (e)(6). Pub. L. 98–21, § 131(a)(3)(A), redesig- nated par. (7) as (6). Former par. (6) redesignated (5). Subsec. (e)(7). Pub. L. 98–21, § 131(a)(3)(A), redesig- nated par. (8) as (7). Former par. (7) redesignated (6). Subsec. (e)(7)(A). Pub. L. 98–21, § 337(a), substituted ‘‘by an amount equal to two-thirds of the amount of any monthly periodic benefit’’ for ‘‘by an amount equal to the amount of any monthly periodic benefit’’, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. Pub. L. 98–21, § 131(a)(3)(F), substituted reference to par. (3) for reference to par. (4). Subsec. (e)(8). Pub. L. 98–21, § 131(a)(3)(A), redesig- nated par. (8) as (7). Subsec. (e)(8)(A). Pub. L. 97–455, § 7(c), inserted ‘‘for purposes of this subchapter’’ after ‘‘as defined in sec- tion 410 of this title’’. Subsec. (f)(1). Pub. L. 98–21, § 301(b)(1), inserted ‘‘and every surviving divorced husband (as defined in section 416(d) of this title)’’ before ‘‘of an individual’’, and ‘‘or such surviving divorced husband’’ after ‘‘if such wid- ower’’ in provisions preceding subpar. (A). Pub. L. 98–21, § 301(b)(2), substituted ‘‘such deceased individual’’ for ‘‘his deceased wife’’ in provisions fol- lowing subpar. (F). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F). Pub. L. 98–21, § 133(b)(2)(A), inserted ‘‘(as determined after application of subparagraphs (B) and (C) of para- graph (3))’’ after ‘‘primary insurance amount’’ in provi- sions following subpar. (F). Subsec. (f)(1)(A). Pub. L. 98–21, § 302, substituted ‘‘is not married’’ for ‘‘has not remarried’’. Subsec. (f)(1)(B)(ii). Pub. L. 98–21, § 131(b)(3)(B), sub- stituted reference to par. (5) for reference to par. (6). Subsec. (f)(1)(C)(i). Pub. L. 98–21, § 306(g), designated existing provisions as cl. (i). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65. Subsec. (f)(1)(C)(ii). Pub. L. 98–21, § 201(c)(1)(A), which directed the substitution of ‘‘retirement age (as defined in section 416(l) of this title)’’ for ‘‘age 65’’ in cl. (ii) was executed to those provisions after the execution of sec- tion 306(g) of Pub. L. 98–21 as the probable intent of Congress. Pub. L. 98–21, § 306(g), added cl. (ii). Subsec. (f)(1)(D). Pub. L. 98–21, § 301(b)(2), substituted ‘‘such deceased individual’’ for ‘‘his deceased wife’’. Pub. L. 98–21, § 133(b)(2)(A), inserted ‘‘(as determined after application of subparagraphs (B) and (C) of para- graph (3))’’ after ‘‘primary insurance amount’’. Subsec. (f)(1)(F)(i). Pub. L. 98–21, § 131(b)(3)(C), sub- stituted reference to par. (6) for reference to par. (7). Subsec. (f)(1)(F)(ii)(I). Pub. L. 98–21, § 131(b)(3)(C), sub- stituted reference to par. (5) for reference to par. (6). Subsec. (f)(2)(A). Pub. L. 98–21, § 337(a), substituted ‘‘by an amount equal to two-thirds of the amount of any monthly periodic benefit’’ for ‘‘by an amount equal to the amount of any monthly periodic benefit’’, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. Page 1847 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Pub. L. 98–21, § 131(b)(3)(D), substituted reference to par. (4) for reference to par. (5). Pub. L. 97–455, § 7(c), inserted ‘‘for purposes of this subchapter’’ after ‘‘as defined in section 410 of this title’’. Subsec. (f)(3)(A). Pub. L. 98–21, § 133(b)(1)(B), amended subpar. (A) generally. Prior to the amendment subpar. (A) read as follows: ‘‘Except as provided in subsection (q) of this section, paragraph (2) of this subsection, and subparagraph (B) of this paragraph, such widower’s in- surance benefit for each month shall be equal to the primary insurance amount (as determined after appli- cation of the following sentence) of his deceased wife. If such deceased individual was (or upon application would have been) entitled to an old-age insurance ben- efit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (in- creased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of para- graph (3) of subsection (w) of this section) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the condi- tions in paragraph (2) of subsection (w) of this section.’’ Pub. L. 98–21, § 113(d), substituted ‘‘section 415(f)(5), 415(f)(6), or 415(f)(9)(B)’’ for ‘‘section 415(f)(5) or (6)’’. Subsec. (f)(3)(B). Pub. L. 98–21, § 133(b)(1), added sub- par. (B) and redesignated former subpar. (B) as (D). Pub. L. 98–21, § 113(d), substituted ‘‘section 415(f)(5), 415(f)(6), or 415(f)(9)’’ for ‘‘section 415(f)(5) or (6)’’. Subsec. (f)(3)(B)(ii)(II). Pub. L. 98–21, § 301(b)(3), in- serted ‘‘or surviving divorced husband’’ after ‘‘wid- ower’’. Subsec. (f)(3)(C). Pub. L. 98–21, § 133(b)(1)(B), added subpar. (C). Subsec. (f)(3)(D). Pub. L. 98–21, § 301(b)(4), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’ wherever appearing. Pub. L. 98–21, § 301(b)(5), substituted ‘‘individual’’ for ‘‘wife’’ wherever appearing. Pub. L. 98–21, § 133(b)(1)(A), redesignated former sub- par. (B) as (D). Subsec. (f)(3)(D)(ii). Pub. L. 98–21, § 133(b)(2)(B), in- serted ‘‘(as determined without regard to subparagraph (C))’’ after ‘‘primary insurance amount’’. Subsec. (f)(4). Pub. L. 98–21, § 301(b)(4), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’ in two places. Pub. L. 98–21, § 131(b)(1)–(3)(A), redesignated par. (5) as (4), and amended par. (4) as so redesignated generally, substituting provision that for purposes of par. (1), if a widower married after attaining age 60 (or after attain- ing age 50 if entitled before such marriage occurred to benefits based on disability under this subsection), or a disabled widower described in paragraph (1)(B)(ii) mar- ried after attaining age 50, such marriage would be deemed not to have occurred, for provision that if a widower married after attaining age 60, such marriage would be deemed not to have occurred for purposes of par. (1). Former par. (4), which had provided that if a widower, before attaining age 60, remarried an indi- vidual entitled to benefits under subsec. (b), (e), (g), or (h) or an individual who had attained the age of eight- een and was entitled to benefits under subsec. (d), such widower’s entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection but subject to subsec. (s), not be terminated by reason of such marriage, was struck out. Subsec. (f)(5). Pub. L. 98–21, § 301(b)(4), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’ in provi- sions preceding subpar. (A). Pub. L. 98–21, § 131(b)(3)(A), redesignated par. (6) as (5). Former par. (5) redesignated (4). Subsec. (f)(5)(B), (C). Pub. L. 98–21, § 306(h), added sub- par. (B) and redesignated former subpar. (B) as (C). Subsec. (f)(6). Pub. L. 98–21, § 301(b)(4), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’. Pub. L. 98–21, § 131(b)(3)(A), (E), redesignated par. (7) as (6) and substituted reference to par. (5) for reference to par. (6). Former par. (6) redesignated (5). Subsec. (f)(7), (8). Pub. L. 98–21, § 131(b)(3)(A), redesig- nated par. (8) as (7). Former par. (7) redesignated (6). Subsec. (g). Pub. L. 98–21, § 306(a)(7), inserted ‘‘or fa- ther’s’’ after ‘‘mother’s’’ wherever appearing. Subsec. (g)(1). Pub. L. 98–21, § 306(a)(8), struck out ‘‘after August 1950’’ after ‘‘beginning with the first month’’ in provisions following subpar. (F). Pub. L. 98–21, § 306(a)(1), (2), (5), (6), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’, ‘‘surviving spouse’s’’ for ‘‘widow’s’’, ‘‘he or she’’ for ‘‘she’’, and ‘‘parent’’ for ‘‘mother’’, wherever appearing. Subsec. (g)(1)(D). Pub. L. 98–21, § 306(a)(3), substituted ‘‘a spouse’s insurance benefit’’ for ‘‘wife’s insurance benefits’’ and ‘‘such individual’’ for ‘‘he’’. Subsec. (g)(1)(E), (F)(i). Pub. L. 98–21, § 306(a)(4), sub- stituted ‘‘his or her’’ for ‘‘her’’. Subsec. (g)(3). Pub. L. 98–21, § 307(a), struck out excep- tion in provisions following subpar. (B) that in the case of such a marriage to an individual entitled to benefits under section 423(a) of this title or subsec. (d), the pre- ceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or subsec. (d) unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to bene- fits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsec. (a). Pub. L. 98–21, § 306(a)(1), (6), substituted ‘‘surviving spouse’’ for ‘‘widow’’ and ‘‘parent’’ for ‘‘mother’’ wher- ever appearing. Subsec. (g)(3)(A). Pub. L. 98–21, § 306(a)(9)(B), inserted reference to this subsection and subsecs. (b) and (e). Pub. L. 98–21, § 301(b)(6), inserted reference to subsec. (c). Subsec. (g)(4)(A). Pub. L. 98–21, § 337(a), substituted ‘‘by an amount equal to two-thirds of the amount of any monthly periodic benefit’’ for ‘‘by an amount equal to the amount of any monthly periodic benefit’’, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. Pub. L. 97–455, § 7(c), inserted ‘‘for purposes of this subchapter’’ after ‘‘as defined in section 410 of this title’’. Subsec. (h)(4). Pub. L. 98–21, § 307(a), struck out excep- tion in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to ben- efits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death. Subsec. (h)(4)(A). Pub. L. 98–21, § 301(b)(7), inserted reference to subsec. (c). Subsec. (j)(4)(B)(iii) to (v). Pub. L. 98–21, § 334(a), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively. Subsec. (k)(2)(B), (3)(B). Pub. L. 98–21, § 131(b)(3)(F), (G), substituted references to subsecs. (e)(3) and (f)(4) for references to subsecs. (e)(4) and (f)(5), respectively, wherever appearing. Subsec. (m). Pub. L. 98–21, §§ 111(a)(7), 134(b), in par. (1) substituted ‘‘November’’ for ‘‘May’’ and in par. (2)(B) substituted ‘‘subsection (q)(6)(B)’’ for ‘‘subsection (q)(6)(A)(ii)’’, as subsec. (m) [notwithstanding its repeal by Pub. L. 97–35] continues to apply in certain cases by reason of section 2(j)(2)–(4) of Pub. L. 97–123, set out as an Effective Date of 1981 Amendment note under sec- Page 1848 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 tion 415 of this title. As thus amended subsec. (m) would read as follows: ‘‘(1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of a primary insurance amount computed under section 415(a) or (d) of this title, as in effect after December 1978, on the basis of the wages and self-employment in- come of a deceased individual for any month and no other person is (without the application of subsection (j)(1) of this section) entitled to a monthly benefit under this section for that month on the basis of such wages and self-employment income, the individual’s benefit amount for that month, prior to reduction under subsection (k)(3) of this section, shall not be less than that provided by subparagraph (C)(1)(I) of section 415(a)(1) of this title and increased under section 415(i) of this title for months after November of the year in which the insured individual died as though such ben- efit were a primary insurance amount. ‘‘(2) In the case of any such individual who is entitled to a monthly benefit under subsection (e) or (f) of this section, such individual’s benefit amount, after reduc- tion under subsection (q)(1) of this section, shall be not less than— ‘‘(A) $84.50, if his first month of entitlement to such benefit is the month in which such individual at- tained age 62 or a subsequent month, or ‘‘(B) $84.50 reduced under subsection (q)(1) of this section as if retirement age as specified in subsection (q)(6)(B) of this section were age 62 instead of the age specified in subsection (q)(9) of this section, if his first month of entitlement to such benefit is before the month in which he attained age 62. ‘‘(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provi- sions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) of this section for a month prior to any month after 1972 for which a gen- eral benefit increase under this subchapter (as defined in section 415(i)(3) of this title) or a benefit increase under section 415(i) of this title becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit in- crease, prior to the application of subsection (q)(1) of this section pursuant to paragraph (2)(B) and sub- section (q)(4) of this section.’’ Subsec. (q)(1). Pub. L. 98–21, § 201(b)(2), substituted ‘‘Subject to paragraph (9), if’’ for ‘‘If’’ at beginning of par. (1). Pub. L. 98–21, § 134(a)(1), struck out provisions fol- lowing subpar. (B)(ii) which directed that in the case of a widow or widower whose first month of entitlement to a widow’s or widower’s insurance benefit was a month before the month in which such widow or wid- ower attained age 60, such benefit, reduced pursuant to preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), had to be further reduced by 43⁄240 of 1 percent of the amount of such benefit, multiplied by the number of months in the additional reduction period for such ben- efit (determined under paragraph (6)(B)), if such benefit was for a month before the month in which such indi- vidual attained age 62, or if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such ben- efit was for the month in which such individual at- tained age 62 or any month thereafter. Subsec. (q)(1)(B)(i). Pub. L. 98–21, § 134(a)(2)(C), sub- stituted ‘‘paragraph (6)’’ for ‘‘paragraph (6)(A)’’. Subsec. (q)(2). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65. Subsec. (q)(3)(A)(i). Pub. L. 98–21, § 201(c)(1)(A), sub- stituted reference to retirement age as defined in sec- tion 416(l) of this title for reference to age 65. Subsec. (q)(3)(E). Pub. L. 98–21, § 309(b), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’. Pub. L. 98–21, § 201(c)(1)(A), as amended by Pub. L. 98–369, § 2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to the age of 65. Subsec. (q)(3)(E)(ii). Pub. L. 98–21, § 134(a)(2)(C), sub- stituted ‘‘paragraph (6)’’ for ‘‘paragraph (6)(A)’’. Subsec. (q)(3)(F). Pub. L. 98–21, § 309(b), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’. Subsec. (q)(3)(F)(ii)(I). Pub. L. 98–21, § 134(a)(2)(C), sub- stituted ‘‘paragraph (6)’’ for ‘‘paragraph (6)(A)’’. Subsec. (q)(3)(G). Pub. L. 98–21, § 309(b), inserted ‘‘or surviving divorced husband’’ after ‘‘widower’’. Pub. L. 98–21, § 134(a)(2)(B), substituted ‘‘paragraph (6)’’ for ‘‘paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B))’’. Subsec. (q)(5). Pub. L. 98–21, § 309(c)(4), substituted ‘‘he or she’’ for ‘‘she’’ wherever appearing. Pub. L. 98–21, § 309(c)(1), inserted ‘‘or husband’s’’ after ‘‘wife’s’’ wherever appearing. Subsec. (q)(5)(A)(i). Pub. L. 98–21, § 309(c)(2), sub- stituted ‘‘him or her’’ for ‘‘her’’. Subsec. (q)(5)(A)(ii). Pub. L. 98–21, § 309(c)(3), sub- stituted ‘‘the’’ for ‘‘her’’ after ‘‘income’’. Subsec. (q)(5)(B)(ii). Pub. L. 98–21, § 309(c)(6), sub- stituted ‘‘the individual’’ for ‘‘the woman’’. Subsec. (q)(5)(C). Pub. L. 98–21, § 309(c)(6), substituted ‘‘an individual’’ for ‘‘a woman’’. Pub. L. 98–21, § 309(c)(5), substituted ‘‘his or her’’ for ‘‘her’’. Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 wherever appearing. Subsec. (q)(5)(D). Pub. L. 98–21, § 309(c)(7), inserted ‘‘or widower’s’’ after ‘‘widow’s’’, substituted ‘‘spouse’’ for ‘‘husband’’ wherever appearing, substituted ‘‘spouse’s’’ for ‘‘husband’s’’ wherever appearing, and inserted ‘‘or father’s’’ after ‘‘mother’s’’. Pub. L. 98–21, § 309(c)(5), substituted ‘‘his or her’’ for ‘‘her’’ in three places. Subsec. (q)(6). Pub. L. 98–21, § 134(a)(2)(A), amended par. (6) generally, striking out subpar. designation ‘‘(A)’’ after ‘‘this subsection’’ and redesignated cl. (i) as subpar. (A), in subpar. (A) as so redesignated, redesig- nated subcls. (I) to (III) as cls. (i) to (iii), respectively, redesignated former cl. (ii) as subpar. (B), and struck out former subpar. (B), which had provided that the ‘‘additional reduction period’’ for an individual’s wid- ow’s or widower’s insurance benefit was the period be- ginning with the first day of the first month for which such individual was entitled to such benefit, but only if such individual had not attained age 60 in such first month, and ending with the last day of the month be- fore the month in which such individual attained age 60. Subsec. (q)(6)(A)(i). Pub. L. 98–21, § 309(d)(1), struck out ‘‘or husband’s’’ after ‘‘old-age’’. Subsec. (q)(6)(A)(ii). Pub. L. 98–21, § 309(d)(1), inserted ‘‘or husband’s’’ after ‘‘wife’s’’. Subsec. (q)(7). Pub. L. 98–21, § 134(a)(3), amended provi- sions preceding subpar. (A) generally, substituting ref- erence to par. (6) for reference to par. (6)(A), and strik- ing out provision that the additional adjusted reduc- tion period for an individual’s, widow’s, or widower’s insurance benefit was the additional reduction period prescribed by par. (6)(B) for such benefit, with the same exclusions as from the adjusted reduction period. Subsec. (q)(7)(B). Pub. L. 98–21, § 309(d)(2)(A), inserted ‘‘or husband’s’’ after ‘‘wife’s’’, substituted ‘‘such indi- vidual’’ for ‘‘she’’, and inserted ‘‘his or’’ before ‘‘her’’. Subsec. (q)(7)(D). Pub. L. 98–21, § 309(d)(2)(B), inserted ‘‘or widower’s’’ after ‘‘widow’s’’. Subsec. (q)(9). Pub. L. 98–21, § 201(b)(1), amended par. (9) generally, substituting provisions defining the amount of reduction for early retirement specified in par. (1) for provision that, for purposes of this sub- section, the term ‘‘retirement age’’ meant age 65. Subsec. (q)(10). Pub. L. 98–21, § 134(a)(4)(A), in that part of second sentence preceding cl. (A) struck out ‘‘or an additional adjusted reduction period’’ after ‘‘the use of an adjusted reduction period’’. Subsec. (q)(10)(B)(i). Pub. L. 98–21, § 134(a)(4)(B), struck out ‘‘, plus the number of months in the ad- Page 1849 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 justed additional reduction period multiplied by 43⁄240 of 1 percent’’ before ‘‘to (ii)’’. Subsec. (q)(10)(B)(ii). Pub. L. 98–21, § 134(a)(4)(C), struck out ‘‘plus the number of months in the addi- tional reduction period multiplied by 43⁄240 of 1 per- cent,’’ after ‘‘1 percent’’. Subsec. (q)(10)(C). Pub. L. 98–21, § 201(c)(1)(A), sub- stituted reference to retirement age as defined in sec- tion 416(l) of this title for reference to age 65. Subsec. (q)(10)(C)(i). Pub. L. 98–21, § 134(a)(4)(B), struck out ‘‘, plus the number of months in the ad- justed additional reduction period multiplied by 43⁄240 of 1 percent’’ before ‘‘to (ii)’’. Subsec. (q)(10)(C)(ii). Pub. L. 98–21, § 134(a)(4)(D), struck out ‘‘plus the number of months in the adjusted additional reduction period multiplied by 43⁄240 of 1 per- cent.’’ after ‘‘1 percent,’’. Subsec. (r)(1), (2). Pub. L. 98–21, § 201(c)(1)(A), sub- stituted reference to retirement age as defined in sec- tion 416(l) of this title for reference to age 65. Subsec. (s)(1). Pub. L. 98–21, § 309(e)(1), inserted ref- erence to subsec. (c)(1). Subsec. (s)(2). Pub. L. 98–21, § 309(e)(2), inserted ref- erence to subsec. (c)(4). Pub. L. 98–21, § 131(c)(1), substituted ‘‘So much of sub- sections (b)(3), (d)(5), (g)(3), and (h)(4)’’ for ‘‘Subsection (f)(4), and so much of subsections (b)(3), (d)(5), (e)(3), (g)(3), and (h)(4)’’. Subsec. (s)(3). Pub. L. 98–21, § 309(e)(3), substituted ‘‘The last sentence’’ for ‘‘So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence’’. Pub. L. 98–21, § 131(c)(2), struck out ‘‘(e)(3),’’ after ‘‘(d)(5),’’. Subsec. (t)(2), (4). Pub. L. 98–21, § 340(b), substituted ‘‘Subject to paragraph (11), paragraph (1)’’ for ‘‘Para- graph (1)’’. Subsec. (t)(11). Pub. L. 98–21, § 340(a)(2), added par. (11). Subsec. (w)(1)(A). Pub. L. 98–21, § 114(a), substituted a definition of the multiplicand as the applicable per- centage (as determined under paragraph (6)) of such amount for a definition of the multiplicand as 1⁄12 of 1 percent of such amount, or, in the case of an individual who first becomes eligible for an old-age insurance ben- efit after December 1978, one-quarter of 1 percent of such amount. Subsec. (w)(2)(A). Pub. L. 98–21, § 201(c)(1)(A), sub- stituted reference to retirement age as defined in sec- tion 416(l) of this title for reference to age 65. Pub. L. 98–21, § 114(c)(1), substituted ‘‘age 70’’ for ‘‘age 72’’. Subsec. (w)(3). Pub. L. 98–21, § 114(c)(1), substituted ‘‘age 70’’ for ‘‘age 72’’. Subsec. (w)(6). Pub. L. 98–21, § 114(b), added par. (6). Subsec. (x). Pub. L. 98–21, § 339(a), added subsec. (x). 1981—Subsec. (a). Pub. L. 97–35, § 2203(a), substituted in provision following par. (3) provision specifying the beginning month of entitlement in the case of an indi- vidual who has attained age 65 and in the case of an in- dividual who has attained the age of 62, but not the age of 65, for provision specifying the beginning month of entitlement as the first month after August 1950 in which the individual becomes entitled. Subsec. (b)(1). Pub. L. 97–35, § 2203(b)(1), substituted in provision following subpar. (D) provision specifying the beginning month of entitlement in the case of a wife or divorced wife who has attained the age of 65 and in the case of a wife or divorced wife who has not attained the age of 65 or of an individual entitled to disability insur- ance benefits for provision specifying the beginning month of entitlement as the first month the wife or di- vorced wife becomes so entitled to such benefits. Subsec. (c)(1). Pub. L. 97–35, § 2203(c)(1), substituted in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a hus- band who has attained the age of 65 and in the case of a husband who has not attained the age of 65 or of an individual entitled to disability benefits for provision specifying the beginning month of entitlement as the first month after August 1950 in which he becomes enti- tled to benefits. Subsec. (d)(1). Pub. L. 97–35, §§ 2203(d)(1), 2210(a)(1), (5)(A), substituted in subpars. (B)(i), (E)(ii), (F)(i), and (G)(III) ‘‘full-time elementary or secondary school stu- dent’’ for ‘‘full-time student’’, in subpars. (B)(i), (F)(ii), and (G)(IV) ‘‘19’’ for ‘‘22’’, and in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a child of an individual who has died and of a child of an individual entitled to an old-age insurance benefit or a disability insurance ben- efit for provision specifying the beginning month of en- titlement as the first month after August 1950 in which such child becomes entitled to benefits. Subsec. (d)(6)(A). Pub. L. 97–35, § 2210(a)(5)(B), sub- stituted ‘‘full-time elementary or secondary school stu- dent and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not attained the age of 22’’ for ‘‘full-time stu- dent or is under a disability (as defined in section 423(d) of this title), and (ii) had not attained the age of 22’’. Subsec. (d)(6)(D), (E). Pub. L. 97–35, § 2210(a)(1), (5)(A), substituted in cl. (i) ‘‘full-time elementary or sec- ondary school student’’ for ‘‘full-time student’’ and in cl. (ii) ‘‘19’’ for ‘‘22’’. Subsec. (d)(7)(A). Pub. L. 97–35, §§ 2203(d)(2), 2210(a)(1), (2), substituted ‘‘full-time elementary or secondary school student’’ for ‘‘full-time student’’ wherever ap- pearing, ‘‘elementary or secondary school’’ for ‘‘edu- cational institution’’ wherever appearing, and ‘‘schools involved’’ for ‘‘institutions involved’’ and inserted pro- vision that an individual who is determined to be a full- time elementary or secondary school student be deemed to be such a student throughout the month with respect to which such determination is made. Subsec. (d)(7)(B). Pub. L. 97–35, § 2210(a)(1), (2)(A), sub- stituted ‘‘full-time elementary or secondary school stu- dent’’ for ‘‘full-time student’’ and ‘‘elementary or sec- ondary school’’ for ‘‘educational institution’’ wherever appearing. Subsec. (d)(7)(C). Pub. L. 97–35, § 2210(a)(3), substituted provision defining ‘‘elementary or secondary school’’ and provision that for the purpose of determining whether a child is a ‘‘full-time elementary or secondary school student’’ or ‘‘intends to continue to be in full- time attendance at an elementary or secondary school’’ there be disregarded any education provided, or to be provided, beyond grade 12 for provision defining the term ‘‘educational institution’’. Subsec. (d)(7)(D). Pub. L. 97–35, § 2210(a)(1), (2)(A), (4), (5)(A), substituted ‘‘19’’ for ‘‘22’’, ‘‘full-time elementary or secondary school student’’ for ‘‘full-time student’’, ‘‘diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i))’’ for ‘‘degree from a four-year college or university’’, and ‘‘elemen- tary or secondary school’’ for ‘‘educational institu- tion’’. Subsec. (i). Pub. L. 97–35, § 2201(f), inserted in provi- sion preceding par. (1) ‘‘(as determined without regard to the amendments made by section 2201 of the Omni- bus Budget Reconciliation Act of 1981, relating to re- peal of the minimum benefit provisions)’’. Pub. L. 97–35, § 2202(a)(1), as amended by Pub. L. 98–369, § 2663(a)(2)(E), substituted in par. (1) provision that a qualifying widow or widower be paid for provi- sion that unpaid burial expenses to a funeral home be paid and in par. (2) provision for payment in the event that no one qualifies or if the person entitled dies be- fore receiving payment for provision for payment if all burial expenses incurred by or through a funeral home were paid, and struck out pars. (3) and (4), which pro- vided for payment if the body of the insured is not available for burial but expenses were incurred for a memorial marker, service, etc., and for distribution of any amounts remaining available after payments under this subsection were made, respectively, and struck out ‘‘(except a payment authorized pursuant to clause (1)(A) of the preceding sentence)’’ after ‘‘No payment’’. Subsec. (m). Pub. L. 97–35, § 2201(b)(10), struck out subsec. (m) which related to the minimum survivor’s benefit. Page 1850 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Subsec. (q)(4). Pub. L. 97–123, § 2(e)(1), substituted ‘‘in- creased’’ and ‘‘increase’’ for ‘‘changed’’ and ‘‘change’’, respectively, wherever appearing. Pub. L. 97–35, § 2201(d)(1), substituted ‘‘changed’’ and ‘‘change’’ for ‘‘increased’’ and ‘‘increase’’, respectively, wherever appearing. Subsec. (q)(8). Pub. L. 97–35, § 2206(b)(1), substituted ‘‘before application of’’ for ‘‘after application of’’ and ‘‘increased to the next higher’’ for ‘‘reduced to the next lower’’. Subsec. (q)(10). Pub. L. 97–123, § 2(e)(2), substituted ‘‘increased’’, ‘‘increase’’, and ‘‘increases’’ for ‘‘changed’’, ‘‘change’’, and ‘‘changes’’, respectively, wherever appearing. Pub. L. 97–35, § 2201(d)(2), substituted ‘‘changed’’, ‘‘change’’, and ‘‘changes’’ for ‘‘increased’’, ‘‘increase’’ and ‘‘increases’’, respectively, wherever appearing. Subsec. (s)(1). Pub. L. 97–35, § 2205(a)(1), substituted ‘‘the age of 16’’ for ‘‘the age of 18’’. Subsec. (w)(1), (5). Pub. L. 97–35, § 2201(b)(11), sub- stituted ‘‘section 415(a)(1)(C)(i) of this title’’ for ‘‘sec- tion 415(a)(1)(C)(i)(II) of this title’’. 1980—Subsec. (d)(1)(G). Pub. L. 96–265, § 303(b)(1)(B), inserted provisions relating to an individual’s termi- nation month, including cls. (I) and (II), and redesig- nated existing cls. (i) and (ii) as cls. (III) and (IV), re- spectively. Subsec. (d)(7)(A). Pub. L. 96–473, § 5(b), inserted provi- sions relating to individuals confined in a jail, prison, or other penal institutional or correctional facility. Subsec. (e)(1). Pub. L. 96–265, § 303(b)(1)(C), in provi- sions following subpar. (F)(ii), inserted provisions re- lating to the termination month. Subsec. (e)(2)(B)(i). Pub. L. 96–473, § 6(a), struck out second comma after ‘‘where applicable’’, which had been inserted by Pub. L. 95–216, § 204(b). See 1977 Amend- ment note below. Subsec. (f)(1). Pub. L. 96–265, § 303(b)(1)(D), in provi- sions following subpar. (F)(ii), inserted provisions re- lating to the termination month. Subsec. (j)(1). Pub. L. 96–499 designated existing pro- visions in part as subpar. (A) and expanded such provi- sions and added subpar. (B). Subsec. (j)(2). Pub. L. 96–265, § 306(a), inserted provi- sions relating to limitations on the prospective effects of applications. 1978—Subsec. (v). Pub. L. 95–600 substituted ‘‘1402(g)’’ for ‘‘1402(h)’’. 1977—Subsec. (b)(1)(G). Pub. L. 95–216, § 337(b), sub- stituted ‘‘10’’ for ‘‘20’’. Subsec. (b)(2). Pub. L. 95–216, § 334(a)(1), inserted ref- erence to par. (4) of this subsection. Subsec. (b)(4). Pub. L. 95–216, § 334(a)(2), added par. (4). Subsec. (c)(1). Pub. L. 95–216, § 334(b)(1), in subpar. (B) inserted ‘‘and’’ after ‘‘62,’’, struck out subpar. (C) which related to support payment requirements for the hus- band, and redesignated former subpar. (D) as (C). Subsec. (c)(2). Pub. L. 95–216, § 334(b)(2), substituted provisions relating to reduction of the amount of the husband’s insurance benefit for each month as deter- mined after application of the provisions of subsecs. (q) and (k) of this section for provisions relating to appli- cability of provisions of former subsec. (c)(1)(C) of this section, as subject to subsec. (s) of this section. Subsec. (c)(3). Pub. L. 95–216, § 334(b)(3), inserted ref- erence to par. (2) of this subsection. Subsec. (e)(2)(A). Pub. L. 95–216, §§ 204(a), 334(c)(1), 336(a)(1), inserted ‘‘(as determined after application of the following sentence)’’ after ‘‘primary insurance amount’’, provisions relating to entitlement of the de- ceased to an old-age insurance benefit which was in- creased or was to be increased on account of delayed re- tirement, and reference to par. (8) of this subsection, and struck out reference to par. (4) of this subsection. Subsec. (e)(2)(B)(i). Pub. L. 95–216, § 204(b), substituted ‘‘living and section 415(f)(5) or (6) of this title were ap- plied, where applicable,, and’’ for ‘‘living, and’’. See 1980 Amendment note above. Subsec. (e)(3). Pub. L. 95–216, § 336(a)(2), substituted ‘‘If a widow, before attaining age 60, or a surviving di- vorced wife,’’ for ‘‘In the case of a widow or surviving divorced wife who’’. Subsec. (e)(4). Pub. L. 95–216, § 336(a)(3), struck out reference to an individual (other than one described in subsec. (e)(3)(A) or (B) of this section) as the husband, and provisions relating to benefits during the marriage. Subsec. (e)(8). Pub. L. 95–216, § 334(c)(2), added par. (8). Subsec. (f)(1). Pub. L. 95–216, § 334(d)(1), struck out subpar. (D) which related to receipt of support by the widower in accordance with regulations promulgated by the Secretary, and redesignated former subpars. (E) to (G) as (D) to (F), respectively. Subsec. (f)(2). Pub. L. 95–216, § 334(d)(2), substituted provisions relating to reduction of the amount of the widower’s insurance benefit for each month as deter- mined after application of the provisions of subsecs. (k) and (q) of this section and pars. (3)(B) and (5) of this subsec., for provisions relating to applicability of former subsec. (f)(1)(D) of this section, as subject to subsec. (s) of this section. Subsec. (f)(3)(A). Pub. L. 95–216, §§ 204(c), 334(d)(3), 336(b)(1), inserted ‘‘(as determined after application of the following sentence)’’ after ‘‘primary insurance amount’’, inserted provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and substituted reference to par. (2) of this subsection for reference to par. (5) of this subsection. Subsec. (f)(3)(B). Pub. L. 95–216, § 204(d), inserted ref- erence to section 415(f)(5) or (6) of this title in cl. (i). Subsec. (f)(4). Pub. L. 95–216, § 336(b)(2), substituted ‘‘If a widower, before attaining age 60,’’ for ‘‘In the case of a widower who’’. Subsec. (f)(5). Pub. L. 95–216, § 336(b)(3), struck out ref- erence to an individual (other than one described in subsec. (f)(4)(A) or (B) of this section) as the wife, and provisions relating to benefits during the marriage. Subsec. (f)(7). Pub. L. 95–216, § 334(d)(4)(A), substituted ‘‘(F)’’ for ‘‘(G)’’. Subsec. (g)(2). Pub. L. 95–216, § 334(e)(1), substituted ‘‘Except as provided in paragraph (4) of this subsection, such’’ for ‘‘Such’’. Subsec. (g)(4). Pub. L. 95–216, § 334(e)(2), added par. (4). Subsec. (j)(1). Pub. L. 95–216, § 332(a)(1), substituted ‘‘Subject to the limitations contained in paragraph (4), an’’ for ‘‘An’’. Subsec. (j)(4). Pub. L. 95–216, § 332(a)(2), added par. (4). Subsec. (m)(1). Pub. L. 95–216, § 205(a), substituted pro- visions relating to entitlement to monthly benefits under this section on the basis of primary insurance amounts computed under section 415(a) or (d) of this title as in effect after Dec., 1978, for provisions relating to entitlement to monthly benefits under this section on the basis of wages and self-employment income of deceased individuals for any month. Subsec. (p)(1). Pub. L. 95–216, § 334(d)(5), struck out references to subsecs. (c)(1)(C) and (f)(1)(D)(i) or (ii) of this section. Subsec. (q)(3)(H). Pub. L. 95–216, § 331(c)(2), inserted ‘‘for that month or’’ after ‘‘first entitled’’. Subsec. (q)(4). Pub. L. 95–216, § 331(a), substituted pro- visions setting forth factors for the computation of the amount of the reduction of the benefit for each month beginning with the month of the increase in the pri- mary insurance amount, after application of any ad- justment under par. (7) of this subsec., for provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month. Subsec. (q)(7)(C). Pub. L. 95–216, § 331(c)(1), substituted ‘‘of the occurrence of an event that terminated her or his entitlement to such benefits’’ for ‘‘the spouse on whose wages and self-employment income such benefits were based ceased to be under a disability’’. Subsec. (q)(10), (11). Pub. L. 95–216, § 331(b), added pars. (10) and (11). Subsec. (s)(3). Pub. L. 95–216, § 334(d)(6), substituted ‘‘So’’ for ‘‘Subsections (c)(2)(B) and (f)(2)(B) of this sec- tion, so’’. Subsec. (u)(1)(C). Pub. L. 95–216, § 353(f)(1), substituted ‘‘year’’ for ‘‘quarter’’ wherever appearing. Page 1851 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Subsec. (w)(1). Pub. L. 95–216, §§ 203(1), 205(b)(1), sub- stituted ‘‘The amount of an old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title as in effect in December 1978 or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter) which is payable without regard to this subsection to an individual’’ for ‘‘If the first month for which an old-age insurance ben- efit becomes payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q) of this section), the amount of the old- age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title) which is payable without regard to this subsection to such individual’’. Subsec. (w)(1)(A). Pub. L. 95–216, § 203(2), inserted pro- vision relating to individuals eligible after Dec., 1978. Subsec. (w)(5). Pub. L. 95–216, § 205(b)(2), (3), inserted ‘‘as in effect in December 1978, or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter,’’ after ‘‘(3) of section 415(a) of this title’’ and ‘‘(whether before, in, or after December 1978)’’ after ‘‘under sec- tion 415(a) of this title’’. 1974—Subsec. (l). Pub. L. 93–445 substituted ‘‘annuity under section 2 of the Railroad Retirement Act of 1974, or to a lump-sum payment under section 6(b) of such Act, with respect to the death of an employee (as de- fined in such Act)’’ for ‘‘annuity under section 5 of the Railroad Retirement Act of 1937 or to a lump-sum pay- ment under subsection (f)(1) of such section with re- spect to the death of an employee (as defined in such Act)’’. 1973—Subsec. (d)(8)(D)(ii). Pub. L. 93–66 added item (III). Subsec. (e)(7). Pub. L. 93–233, § 1(f), added par. (7). Subsec. (f)(8). Pub. L. 93–233, § 1(g), added par. (8). Subsec. (w)(5). Pub. L. 93–233, § 18(b), added par. (5). 1972—Subsec. (a). Pub. L. 92–603, § 103(b), inserted ref- erence to subsection (w) of this section. Subsec. (b)(1). Pub. L. 92–603, § 114(a), struck out sub- par. (D) which covered support aspects involved with a divorced wife and redesignated subpars. (E) through (L) and subpars. (D) through (K), respectively. Subsec. (d)(1). Pub. L. 92–603, §§ 108(a)–(c), 112(a), sub- stituted ‘‘age of 22’’ for ‘‘age of eighteen’’ in subpar. (B)(ii), struck out provisions covering adoption in sub- par. (D), inserted ‘‘but only if he was not under a dis- ability (as so defined) in such earlier month’’ in subpar. (F), substituted ‘‘age of 18, or if he was not under a dis- ability (as so defined) at such time but was under a dis- ability (as so defined) at or prior to the time he at- tained (or would attain) the age of 22’’ for ‘‘age of 18’’ and inserted ‘‘but only if he was not under a disability (as so defined) in such earlier month’’ after ‘‘attains the age of 22’’ in subpar. (G), and inserted provision prohibiting payments under par. (1) to a child who would not meet the definition of disability in section 423(d) of this title except for par. (1)(B) thereof for any month in which he engages in substantial gainful activ- ity. Subsec. (d)(6). Pub. L. 92–603, § 108(d), designated ex- isting provisions as subpars. (A), (C), and (D), added subpars. (B) and (E), inserted ‘‘or is under a disability (as defined in section 423(d) of this title)’’ in subpar. (A)(i) as so redesignated, and inserted ‘‘but only if he is not under a disability (as so defined) in such earlier month’’ in subpar. (D)(ii) as so redesignated. Subsec. (d)(7). Pub. L. 92–603, § 109(a), added subpar. (D). Subsec. (d)(8). Pub. L. 92–603, § 111(a), combined into par. (8) the provisions formerly set out in both pars. (8) and (9) covering adoptions by disability and old-age in- surance beneficiaries and struck out provisions cov- ering supervision of an adoption by a public or private child placement agency and provisions covering a spe- cial category of adoptions during the 24–month period beginning with the month after the month in which the individual most recently became entitled to disability insurance benefits or became entitled to old-age insur- ance benefits. Subsec. (d)(9). Pub. L. 92–603, § 113(b), added par. (9). Former par. (9) incorporated, as amended, into par. (8). Subsec. (e)(1). Pub. L. 92–603, §§ 102(a)(1), 114(b)(1), struck out subpar. (D) which covered support aspects involved with a surviving divorced wife and redesig- nated subpars. (E) through (G) as subpars. (D) through (F), respectively, substituted ‘‘the primary insurance amount’’ for ‘‘821⁄2 percent of the primary insurance amount’’ in subpar. (D) and in the provisions following subpar. (F), substituted ‘‘entitled to wife’s insurance benefits,’’ for ‘‘entitled, after attainment of age 62, to wife’s insurance benefits,’’ in subpar. (C)(i), inserted ‘‘and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title,’’ at end of subpar. (C)(i), and substituted ‘‘age 65’’ for ‘‘age 62’’ in subpar. (C)(ii) and in provisions fol- lowing subpar. (F). Subsec. (e)(2). Pub. L. 92–603, § 102(a)(2), designated ex- isting provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to sub- par. (B) of this par., and substituted ‘‘the primary in- surance amount’’ for ‘‘821⁄2 percent of the primary amount’’. Subsec. (e)(6). Pub. L. 92–603, §§ 114(b)(2), 116(b), sub- stituted ‘‘five’’, ‘‘seventeenth’’, and ‘‘fifth’’ for ‘‘six’’, ‘‘eighteenth’’, and ‘‘sixth’’, respectively, and ‘‘para- graph (1)(F)’’ for ‘‘paragraph (1)(G)’’. Subsec. (f)(1). Pub. L. 92–603, §§ 102(b)(1), 107(a)(1), (2), substituted ‘‘age 60’’ for ‘‘age 62’’ in subpar. (B), sub- stituted ‘‘the primary insurance amount’’ for ‘‘821⁄2 per- cent of the primary insurance amount’’ in subpar. (E) and provisions following subpar. (G), inserted ‘‘and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title,’’ at end of subpar. (C), and substituted ‘‘age 65’’ for ‘‘age 62’’ and inserted ‘‘, if he became entitled to such benefits before he attained age 60,’’ before ‘‘the third month’’ in provi- sions following subpar. (G). Subsec. (f)(3). Pub. L. 92–603, § 102(b)(2), designated ex- isting provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to sub- par. (B) of this par., and substituted ‘‘the primary in- surance amount’’ for ‘‘821⁄2 percent of the primary amount’’. Subsec. (f)(5). Pub. L. 92–603, § 107(a)(3), substituted ‘‘the age of 60’’ for ‘‘the age of 62’’. Subsec. (f)(6). Pub. L. 92–603, § 107(a)(1), substituted ‘‘age 60’’ for ‘‘age 62’’. Subsec. (f)(7). Pub. L. 92–603, § 116(c), substituted ‘‘five’’, ‘‘seventeenth’’, and ‘‘fifth’’ for ‘‘six’’, ‘‘eight- eenth’’, and ‘‘sixth’’, respectively. Subsec. (g)(1)(F). Pub. L. 92–603, § 114(c), struck out cl. (i) covering the support aspects of a surviving divorced mother and redesignated cl. (ii) and (iii) as cl. (i) and (ii), respectively. Subsec. (k)(2)(A). Pub. L. 92–603, § 110(a), inserted pro- visions establishing exceptions to rule that a child’s benefits in the case where the child is entitled on more than one wage record shall be based on wages and self- employment of the insured individual with greatest primary insurance amount. Subsec. (k)(3)(A). Pub. L. 92–603, § 102(d), inserted ref- erence to subsection (e)(2) or (f)(3) of this section. Subsec. (m). Pub. L. 92–603, § 102(f), amended subsec. (m) generally to increase the minimums on survivor’s benefits. Subsec. (q)(1). Pub. L. 92–603, § 102(e)(1), generally pro- vided for an increase in widow’s and widower’s insur- ance benefits through the insertion of provisions cov- ering such benefits in subpar. (A), and in provisions preceding subpar. (C), and through the substitution of a 43⁄240 fraction in subpar. (C) for a 43⁄198 fraction. Subsec. (q)(3). Pub. L. 92–603, § 102(e)(2), (5), redesig- nated existing provisions of subpars. (E)(ii) and (F)(ii) as subcls. (I) and (II) and in subcls. (I) of each such sub- par. as so redesignated substituted ‘‘would be reduced under paragraph (1) if the period specified in paragraph (6)(A) ended with the month before the month in which she or he attained age 62’’ for ‘‘was reduced for the month in which such individual attained retirement Page 1852 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 age’’, substituted in subpar. (G) ‘‘as if the period speci- fied in paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B)) ended with the month before’’ for ‘‘had such individual at- tained age 62 in’’, and added subpar. (H). Subsec. (q)(7). Pub. L. 92–603, § 102(e)(3), divided exist- ing source references for ‘‘adjusted reduction period’’ and ‘‘additional adjusted reduction period’’ into sepa- rate references to subpars. (A) and (B) of par. (6) in the provisions preceding subpar. (A) and, in subpar. (E), substituted ‘‘attained age 62, and also for any later month before the month in which he attained retire- ment age,’’ for ‘‘attained retirement age’’. Subsec. (q)(9). Pub. L. 92–603, § 102(e)(4), struck out provisions which had set age 62 as the meaning of ‘‘re- tirement age’’ with respect to a widow’s and widower’s insurance benefits. Subsec. (s). Pub. L. 92–603, § 108(e), struck out ‘‘which began before he attained such age’’ after ‘‘disability (as defined in section 423(d) of this title)’’ in par. (1) and struck out ‘‘which began before such child attained the age of 18’’ after ‘‘disability (as defined in section 423(d) of this title)’’ in pars. (2) and (3). Subsec. (w). Pub. L. 92–603, § 103(a), added subsec. (w). 1971—Subsec. (i)(3). Pub. L. 92–223, § 1(a), added cl. (3). Subsec. (i)(4). Pub. L. 92–223, § 1(a), (b), redesignated former cl. (3) as (4) and included reference to cl. (3) in the second sentence. 1969—Subsec. (b)(2). Pub. L. 91–172, § 1004(a), removed $105 ceiling on insurance benefits of wives. Subsec. (c)(3). Pub. L. 91–172, § 1004(b), removed $105 ceiling on insurance benefits of husbands. Subsec. (e)(4). Pub. L. 91–172, § 1004(c), removed $105 ceiling on insurance benefits of widows. Subsec. (f)(5). Pub. L. 91–172, § 1004(c), removed $105 ceiling on insurance benefits of widowers. 1968—Subsec. (b)(2). Pub. L. 90–248, § 103(a), provided that a wife’s insurance benefit may not exceed $105. Subsec. (c)(1). Pub. L. 90–248, § 157(a)(1), substituted in text preceding subpar. (A) ‘‘an individual’’ for ‘‘a cur- rently insured individual (as defined in section 414(b) of this title)’’. Subsec. (c)(2). Pub. L. 90–248, § 157(a)(2), substituted in text preceding subpar. (A) ‘‘The provisions of subpara- graph (C) of paragraph (1) of this subsection’’ for ‘‘The requirement in paragraph (1) of this subsection that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the pro- visions of subparagraph (C) of such paragraph’’. Subsec. (c)(3). Pub. L. 90–248, § 103(b), provided that a husband’s insurance benefit may not exceed $105. Subsec. (d)(1)(B). Pub. L. 90–248, § 158(c)(1), substituted ‘‘section 423(d)’’ for ‘‘section 423(c)’’. Subsec. (d)(3). Pub. L. 90–248, § 151(a), inserted in first sentence ‘‘or his mother or adopting mother’’ after ‘‘adopting father’’, and struck out in second sentence, ‘‘if such individual is the child’s father,’’ after ‘‘title shall’’. Subsec. (d)(4). Pub. L. 90–248, § 151(b), inserted, ‘‘or stepmother’’ after ‘‘stepfather’’ in two places. Subsec. (d)(5) to (8). Pub. L. 90–248, § 151(c), struck out former par. (5) which provided that (1) a child is deemed dependent on his mother or adopting mother if she is currently insured, and (2) a child is deemed dependent on a mother who is not currently insured only if she is contributing one-half of the child’s support or, if the child is not living with his father nor being supported by him, only if she is then living with or supporting the child, and redesignated former pars. (6) to (9) as (5) to (8), respectively. Subsec. (d)(8). Pub. L. 90–248, §§ 112(a), 151(c), added subpar. (E) and redesignated former par. (9) as (8), re- spectively. Former par. (8) redesignated (7). Subsec. (d)(9). Pub. L. 90–248, § 151(c), (d)(1), redesig- nated former par. (10) as (9) and substituted ‘‘paragraph (8)’’ for ‘‘paragraph (9)’’. Former par. (9) redesignated (8). Subsec. (d)(10). Pub. L. 90–248, § 151(c), redesignated former par. (10) as (9). Subsec. (e)(1). Pub. L. 90–248, § 104(a)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted therein: ‘‘or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month)’’. Subsec. (e)(1)(B). Pub. L. 90–248, § 104(a)(1), provided that a widow or surviving divorced wife may become entitled to widow’s insurance benefits if she is disabled and her disability began within the period specified in subsec. (e)(5) even though she has not attained age 60. Subsec. (e)(1)(F). Pub. L. 90–248, § 104(a)(2), designated part of material formerly following subpar. (E) as sub- par. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i). Subsec. (e)(1)(G). Pub. L. 90–248, § 104(a)(2), added sub- par. (G). Subsec. (e)(4). Pub. L. 90–248, § 103(c), provided that a remarried widow’s insurance benefit may not exceed $105. Subsec. (e)(5), (6). Pub. L. 90–248, § 104(a)(3), added pars. (5) and (6). Subsec. (f)(1). Pub. L. 90–248, § 157(b)(1), struck out in text preceding subpar. (A) ‘‘and currently’’ before ‘‘in- sured individual’’ and in cl. (ii) of subpar. (D) ‘‘, and she was a currently insured individual,’’ after ‘‘from such individual’’. Subsec. (f)(1)(B). Pub. L. 90–248, § 104(b)(1), provided that a dependent widower may become entitled to wid- ower’s insurance benefits if he is disabled and his dis- ability began within the specified period even though such individual has not attained age 62. Subsec. (f)(1). Pub. L. 90–248, § 104(b)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted: ‘‘or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month)’’. Subsec. (f)(1)(F). Pub. L. 90–248, § 104(b)(2), designated part of text formerly following subpar. (F) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i). Subsec. (f)(1)(G). Pub. L. 90–248, § 104(b)(2), added sub- par. (G). Subsec. (f)(2). Pub. L. 90–248, § 157(b)(2), substituted in text preceding subpar. (A) ‘‘The provisions of subpara- graph (D) of paragraph (1) of this subsection’’ for ‘‘The requirement in paragraph (1) of this subsection that the deceased fully insured individual also be a currently in- sured individual, and the provisions of subparagraph (D) of such paragraph,’’. Subsec. (f)(3). Pub. L. 90–248, § 104(b)(3), inserted ref- erence to subsec. (q). Subsec. (f)(5). Pub. L. 90–248, § 103(d), provided that a remarried widower’s insurance benefit may not exceed $105. Subsec. (f)(6), (7). Pub. L. 90–248, § 104(b)(4), added pars. (6) and (7). Subsec. (q). Pub. L. 90–248, § 104(c)(1), substituted ‘‘Re- duction of benefit amounts for certain beneficiaries’’ for ‘‘Reduction of old-age, disability, wife’s, husband’s, or widow’s insurance benefit amounts’’ in heading. Subsec. (q)(1). Pub. L. 90–248, § 104(c)(2)–(4), sub- stituted ‘‘widow’s, or widower’s’’ for ‘‘or widow’s’’ in text preceding subpar. (A), ‘‘, widow’s, or widower’s’’ for ‘‘or widow’s’’ in subpar. (A), and added subpar. (C) and (D) provisions for further reduction of a widow’s or widower’s insurance benefit. Subsec. (q)(3)(A). Pub. L. 90–248, § 104(c)(5), substituted ‘‘widow’s, or widower’s’’ for ‘‘or widow’s’’ wherever ap- pearing, ‘‘50’’ for ‘‘60’’, and inserted ‘‘or widower’s’’ after ‘‘(in the case of a widow’s)’’. Subsec. (q)(3)(C). Pub. L. 90–248, § 104(c)(6), substituted ‘‘widow’s, or widower’s’’ for ‘‘or widow’s’’ wherever ap- pearing. Subsec. (q)(3)(D). Pub. L. 90–248, § 104(c)(7), substituted ‘‘widow’s, or widower’s’’ for ‘‘or widow’s’’. Subsec. (q)(3)(E). Pub. L. 90–248, § 104(c)(8), inserted ‘‘in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower’’ after ‘‘(e)(1) of this section’’, and ‘‘or he’’ after ‘‘she’’, and sub- stituted ‘‘widow’s or widower’s’’ for ‘‘widow’s’’ wher- ever appearing. Page 1853 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Subsec. (q)(3)(F). Pub. L. 90–248, § 104(c)(9), inserted ‘‘in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower’’ after ‘‘(e)(1) of this section’’, and ‘‘or he’’ after ‘‘she’’, and sub- stituted ‘‘widow’s or widower’s’’ for ‘‘widow’s’’. Subsec. (q)(3)(G). Pub. L. 90–248, § 104(c)(10), inserted ‘‘in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower’’ before ‘‘(e)(1) of this section’’, and ‘‘she or’’ before ‘‘he’’, and sub- stituted ‘‘widow’s or widower’s’’ for ‘‘widow’s’’ wher- ever appearing. Subsec. (q)(6). Pub. L. 90–248, § 104(c)(11), extended def- inition of ‘‘reduction period’’ to apply to widower’s in- surance benefit, inserted second alternative in subpar. (A)(i)(III) that the reduction period for a widow’s or widower’s insurance benefit begins with the ‘‘first day of the month in which such individual attains age 60, whichever is the later’’, substituted paragraph ‘‘(5)’’ for ‘‘(4)’’ in item (II) of subpar. (A)(i), and added subpar. (B). Subsec. (q)(7). Pub. L. 90–248, § 104(c)(12), in text pre- ceding subpar. (A), inserted ‘‘or ‘additional adjusted re- duction period’ ’’ after ‘‘the ‘adjusted reduction pe- riod’ ’’, ‘‘or additional reduction period (as the case may be)’’ after ‘‘the reduction period’’, and substituted ‘‘widow’s, or widower’s’’ for ‘‘or widow’s’’, and in sub- par. (E) substituted ‘‘widow’s or widower’s’’, ‘‘she or he’’, and ‘‘her or his’’ for ‘‘widow’s’’, ‘‘she’’, and ‘‘her’’, respectively. Subsec. (q)(9). Pub. L. 90–248, § 104(c)(13), inserted ref- erence to widowers. Subsec. (s). Pub. L. 90–248, § 158(c)(2), substituted ‘‘sec- tion 423(d)’’ for ‘‘section 423(c)’’ in pars. (1) to (3). Subsec. (s)(2), (3). Pub. L. 90–248, § 151(d)(2), sub- stituted ‘‘(d)(5)’’ for ‘‘(d)(6)’’ in pars. (2), (3). Subsec. (t)(1). Pub. L. 90–248, § 162(a)(1), provided that ‘‘For purposes of the preceding sentence, after an indi- vidual has been outside the United States for any pe- riod of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.’’ Subsec. (t)(4). Pub. L. 90–248, § 162(b)(1), provided for exception to application of subpars. (A) and (B) of par. (4). Subsec. (t)(6). Pub. L. 90–248, § 162(c)(2), included ref- erence to par. (10). Subsec. (t)(10). Pub. L. 90–248, § 162(c)(1), added par. (10). 1965—Subsec. (b)(1). Pub. L. 89–97, § 308(a), made provi- sions applicable to divorced wife by inclusion of ref- erences to divorced wife in provisions preceding subpar. (A), substituted ‘‘such individual’’ for ‘‘her husband’’ in subpars. (B), (E), (G), (J) to (L); inserted in subpar. (B) ‘‘(in the case of a wife)’’ after ‘‘age 62 or’’; added sub- pars. (C) and (D); redesignated former subpar. (C) as (E); in provisions after subpar. (E), inserted ‘‘(subject to subsection (s) of this section)’’ and struck out ‘‘after August 1950’’ after ‘‘beginning with the first month’’; designated existing provisions as subpars. (F), (G), (J) to (L); and substituted provisions designated as sub- pars. (H) and (I) for former provisions reading ‘‘they are divorced from vinculo matrimonii’’. Subsec. (b)(2). Pub. L. 89–97, § 308(a), inserted ‘‘(or, in the case of a divorced wife, her former husband)’’. Subsec. (b)(3). Pub. L. 89–97, § 308(a), added par. (3). Subsec. (c)(1). Pub. L. 89–97, § 308(d)(1), substituted ‘‘divorced’’ for ‘‘divorced a vinculo matrimonii’’ in pro- visions following subpar. (D). Subsec. (c)(2). Pub. L. 89–97, §§ 306(c)(2), 334(e), in- serted in text preceding subpar. (A) ‘‘(subject to sub- section (s) of this section)’’ after ‘‘shall’’, and added subpar. (C). Subsec. (d)(1). Pub. L. 89–97, §§ 306(a), (b)(1), (2), 323(a)(1), 343(a), inserted in subpar. (B)(i) and (ii) ‘‘or was a full-time student and had not attained the age of 22’’ and ‘‘which began before he attained the age of 22’’, respectively, and substituted ‘‘is’’ for ‘‘was’’ in cl. (ii) substituted ‘‘preceding whichever of the following first occurs’’ for ‘‘preceding the first month in which any of the following occurs’’ following provisions of subpar. (C), incorporated existing provisions in subpar. (D) and (E), substituting in such subpar. (E) ‘‘but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student dur- ing any part of such month’’ for former provision and is not under a disability (as defined in section 423(c) of this title), which began before he attained such age’’, added subpars. (F) and (G), and repealed the second sen- tence which provided for the termination of entitle- ment of any child to benefits under this subsection with the month preceding the third month following the month in which he ceases to be under a disability after the month in which he attains age eighteen; struck out the last sentence which related to adoptions by disabled workers; and substituted ‘‘uncle, brother, or sister’’ for ‘‘or uncle’’ in subpar. (D), respectively. Subsec. (d)(3). Pub. L. 89–97, § 339(b), inserted ‘‘or sec- tion 416(h)(3)’’ after ‘‘section 416(h)(2)(B)’’. Subsec. (d)(6). Pub. L. 89–97, § 306(c)(3), inserted in text following subpar. (B) ‘‘but subject to subsection (s)’’ after ‘‘notwithstanding the provisions of paragraph (1)’’. Subsec. (d)(6)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section. Subsec. (d)(7), (8). Pub. L. 89–97, § 306(b)(3), added pars. (7) and (8). Subsec. (d)(9), (10). Pub. L. 89–97, § 323(a)(2), added pars. (9) and (10). Subsec. (e)(1). Pub. L. 89–97, §§ 307(a)(1), 308(b)(1), sub- stituted ‘‘age 60’’ for ‘‘age 62’’ in subpar. (B); and in- serted references to surviving divorced wife in the pro- visions preceding subpar. (A), substituted in subpar. (A) ‘‘is not married’’ for ‘‘has not remarried’’, added sub- par. (D), redesignated former subpar. (D) as (E) sub- stituted in subpar. (E) and following provision ‘‘such deceased individual’’ ‘‘her deceased husband’’, and struck out from provisions following subpar. (E) ‘‘after August 1950’’ after ‘‘beginning with the first month’’, respectively. Subsec. (e)(2). Pub. L. 89–97, §§ 307(a)(2), 308(b)(1), 333(a)(2), inserted introductory phrase ‘‘Except as pro- vided in subsection (q) of this section’’; substituted ‘‘such deceased individual’’ for ‘‘her deceased husband’’; and inserted ‘‘and paragraph (4) of this subsection’’ be- fore the comma, respectively. Subsec. (e)(3). Pub. L. 89–97, §§ 306(c)(4), 308(b) (2), (3), inserted ‘‘but subject to subsection (s) of this section’’ after ‘‘notwithstanding the provisions of paragraph (1)’’ following subpar. (B); repealed former par. (3) which provided for reinstatement of benefits to a widow if she married a person who died within one year and was not a fully insured individual; and redesignated former par. (4) as (3), and substituted ‘‘widow or surviving divorced wife’’ and ‘‘widow’s or surviving divorced wife’s’’ for ‘‘widow’’ and ‘‘widow’s’’, respectively. Subsec. (e)(4). Pub. L. 89–97, § 333(a)(1), added par. (4). Former par. (4) redesignated (3). Subsec. (f)(2). Pub. L. 89–97, §§ 306(c)(5), 334(f), inserted in text preceding subpar. (A) ‘‘(subject to subsection (s) of this section)’’ after ‘‘shall’’, and added subpar. (C). Subsec. (f)(3). Pub. L. 89–97, § 333(b)(2), substituted ‘‘Except as provided in paragraph (5), such’’ for ‘‘Such’’. Subsec. (f)(4). Pub. L. 89–97, § 306(c)(6), inserted in text following subpar. (B) ‘‘but subject to subsection (s) of this section’’ after ‘‘notwithstanding the provisions of paragraph (1) of this subsection’’. Subsec. (f)(4)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section. Subsec. (f)(5). Pub. L. 89–97, § 333(b)(1), added par. (5). Subsec. (g)(1). Pub. L. 89–97, §§ 306(c)(7), 308(d) (3)–(5), inserted ‘‘(subject to subsection (s))’’ after ‘‘shall’’ in provisions following subpar. (F); substituted in subpar. (A) ‘‘is not married’’ for ‘‘has not remarried’’; in sub- par. (F), substituted ‘‘surviving divorced mother’’ for ‘‘former wife divorced’’, incorporated existing provi- sions in cls. (i) (other than (I) to (III)), (ii), and (iii), and substituted provisions of cl. (i)(I) to (III) for receipt of one-half of support under administrative regulations and substantial contributions pursuant to written Page 1854 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 agreement or court order for former provision for re- ceipt of one-half of support pursuant to agreements or court order; and substituted ‘‘surviving divorced moth- er’’ for ‘‘former wife divorced’’ twice in provisions be- fore subpar. (A) and thrice in provisions following sub- par. (F), respectively. Subsec. (g)(3). Pub. L. 89–97, §§ 306(c)(8), 308(d)(5), (13), inserted ‘‘but subject to subsection (s)’’ after ‘‘notwith- standing the provisions of paragraph (1)’’ following sub- par. (B), substituted ‘‘surviving divorced mother’’ for ‘‘former wife divorced’’ in two places, and redesignated former par. (4) as (3), respectively. Pub. L. 89–97, § 308(d)(12), repealed former par. (3) which had provided that: ‘‘In the case of any widow or former wife divorced of an individual— ‘‘(A) who marries another individual, and ‘‘(B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not, and upon filing application therefor in the month in which he died would not be, entitled to ben- efits for such month on the basis of his wages and self-employment income, the marriage to the individual referred to in clause (A) shall, for purpose 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 subpara- graph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph or (ii) September 1958.’’ Subsec. (g)(4). Pub. L. 89–97, § 308(d)(13), redesignated former par. (4) as (3). Subsec. (h)(4). Pub. L. 89–97, § 306(c)(9), inserted in text following subpar. (B) ‘‘but subject to subsection (s)’’ after ‘‘notwithstanding the provisions of paragraph (1) of this subsection’’. Subsec. (h)(4)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section. Subsec. (j)(1). Pub. L. 89–97, § 303(d), inserted ‘‘under this subchapter’’ after ‘‘any benefit’’. Subsec. (j)(2). Pub. L. 89–97, § 328(a), provided that an application for monthly benefits filed before the first month in which the applicant satisfies the require- ments for such benefits shall be deemed a valid applica- tion only if the applicant satisfies the requirements for such benefits before the Secretary makes a final deci- sion on the application and that the application shall be deemed to have been filed in the first month if the applicant is found to satisfy the requirements for enti- tlement. Subsec. (k)(2)(B). Pub. L. 89–97, § 333(c)(1), inserted ‘‘(other than an individual to whom subsection (e)(4) or (f)(5) applies)’’ after ‘‘Any individual’’ and inserted pro- vision limiting to the largest of such benefits any indi- vidual who is entitled for any month to more than one widow’s or widower’s benefits to which subsections (e)(4) or (f)(5) of this section applies. Subsec. (k)(3). Pub. L. 89–97, § 333(c)(2), designated ex- isting provisions as subpar. (A) and added subpar. (B). Subsec. (k)(4). Pub. L. 89–97, § 304(a), added par. (4). Subsec. (p). Pub. L. 89–97, § 324(a), removed the 2-year limit on the allowed extension during which, for good cause shown, applications or proof may be filed and still be deemed filed within the prescribed period for filing applications or proof. Subsec. (q). Pub. L. 89–97, § 304(b), substituted ‘‘Reduc- tion of old-age, disability, wife’s, husband’s, or widow’s insurance benefit amounts’’ for ‘‘Adjustment of old- age, wife’s or husband’s insurance benefit amounts in accordance with age of beneficiary’’ in heading. Subsec. (q)(1). Pub. L. 89–97, § 307(b)(1), made provi- sions preceding subpar. (A) and the 5⁄9 of 1 percent re- duction in subpar. (A) applicable to widow’s insurance benefit, substituted ‘‘retirement age’’ for ‘‘age 65’’ in provisions preceding subpar. (A) and subpar. (B)(i) and (ii), substituted ‘‘(6)’’ and ‘‘(7)’’ for ‘‘(5)’’ and ‘‘(6)’’ in subpar. (B)(i) and (ii) and ‘‘any month’’ for ‘‘any other month’’ in subpar. (B)(ii). Subsec. (q)(2). Pub. L. 89–97, § 304(c), added par. (2) and redesignated former par. (2) as (3). Subsec. (q)(3)(A). Pub. L. 89–97, §§ 304(c), 307(b)(2), re- designated former par. (2) as (3), and made provisions of subpar. (A) applicable to widow’s insurance benefit and inserted ‘‘(in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)’’ after ‘‘age 62’’, respectively. Former par. (3) redesignated (4). Subsec. (q)(3)(B). Pub. L. 89–97, § 304(c), (d), redesig- nated former par. (2) as (3), and substituted ‘‘benefit and is not entitled to a disability insurance benefit’’ for ‘‘benefit’’ the first time it appeared and inserted in cls. (i) and (ii) ‘‘for such month’’ after ‘‘paragraph (1)’’, re- spectively. Former par. (3) redesignated (4). Subsec. (q)(3)(C). Pub. L. 89–97, § 304(c), (e), redesig- nated former par. (2) as (3), and made provisions of sub- par. (C) applicable to widow’s insurance benefit, in- serted cl. (i), incorporated existing provisions in cl. (ii), and inserted in such cl. (ii) ‘‘for such month’’ and ‘‘(be- fore reduction under this subsection)’’ after ‘‘disability insurance benefit’’, respectively. Former par. (3) redes- ignated (4). Subsec. (q)(3)(D), (E). Pub. L. 89–97, §§ 304(c), 307(b), (3), (4), redesignated former par. (2) as (3), made provi- sions of subpar. (D) applicable to widow’s insurance benefit, and added subpar. (E), respectively. Former par. (3) redesignated (4). Subsec. (q)(3)(F), (G). Pub. L. 89–97, § 304(c), (f), redes- ignated former par. (2) as (3) and added subpars. (F) and (G), respectively. Former par. (3) redesignated (4). Subsec. (q)(4). Pub. L. 89–97, § 304(c), (g), redesignated former par. (3) as (4) and renumbered in text following subpar. (B) cross references to par. (2) as (3) in three places, and substituted in subpar. (A) ‘‘under paragraph (1) or (3) of this subsection’’ for ‘‘under this sub- section’’, respectively. Former par. (4) redesignated (5). Subsec. (q)(5)(D). Pub. L. 89–97, §§ 304(c), 307(b)(5), re- designated former par. (4) as (5) and added subpar. (D), respectively. Former par. (5) redesignated (6). Subsec. (q)(6). Pub. L. 89–97, §§ 304(c), 307(b)(6), redesig- nated former par. (5) as (6) and renumbered in subpar. (A)(ii) cross reference to par. (4) as (5), and made provi- sions preceding subpar. (A) and provisions of subpar. (A)(i) applicable to widow’s insurance benefit and sub- stituted in subpar. (B) ‘‘retirement age’’ for ‘‘age 65’’, respectively. Former par. (6) redesignated (7). Subsec. (q)(7). Pub. L. 89–97, §§ 304(c), (h), 307(b)(7), re- designated former par. (6) as (7) and renumbered in text preceding subpar. (A) cross reference to par. (5) as (6), added subpar. (F), and made provisions preceding sub- par. (A) applicable to widow’s insurance benefit and added subpars. (D), (E), respectively. Former par. (7), redesignated (8). Subsec. (q)(8). Pub. L. 89–97, § 304(c), (i), redesignated former par. (7) and (8) and renumbered cross reference to par. (2) as (3), and substituted ‘‘(1), (2),’’ for ‘‘(1)’’, re- spectively. Subsec. (q)(9). Pub. L. 89–97, § 307(b)(8), added par. (9). Subsec. (r)(2). Pub. L. 89–97, § 304(j), inserted ‘‘(but for subsection (k)(4) of this section)’’ after ‘‘eligible’’. Subsec. (s). Pub. L. 89–97, § 306(c)(1), added subsec. (s). Subsec. (t)(9). Pub. L. 89–97, § 104(a)(1), added par. (9). Subsec. (u)(1). Pub. L. 89–97, § 104(a)(2), inserted ‘‘in determining whether such individual is entitled to in- surance benefits under part A of subchapter XVII for any such month,’’. Subsec. (v). Pub. L. 89–97, § 319(d), added subsec. (v). 1961—Subsec. (a)(2). Pub. L. 87–64, § 102(a), substituted ‘‘has attained age 62’’ for ‘‘has attained retirement age (as defined in section 416(a) of this title)’’. Subsec. (b)(1). Pub. L. 87–64, § 102(a), (e), (1), (2), sub- stituted ‘‘age 62’’ for ‘‘retirement age’’ in two places, ‘‘less than one-half of the primary insurance amount of her husband’’ for ‘‘less than one-half of an old-age or disability insurance benefit of her husband’’, and ‘‘equal to or exceeds one-half of the primary insurance amount of her husband’’ for ‘‘equal to or exceeds one- half of an old-age or disability insurance benefit of her husband’’. Page 1855 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Subsec. (b)(2). Pub. L. 87–64, § 102(e)(3), substituted ‘‘primary insurance amount’’ for ‘‘old-age or disability insurance benefit.’’ Subsec. (c)(1). Pub. L. 87–64, § 102(a), (e), (4), (5), sub- stituted ‘‘has attained age 62’’ for ‘‘has attained retire- ment age’’ in cl. (B), ‘‘based on a primary insurance amount which is less than one-half’’ for ‘‘each of which is less than one-half’’ in cl. (D), and ‘‘based on a pri- mary insurance amount which is equal to or exceeds one-half’’ for ‘‘equal to or exceeding one-half’’ in clos- ing provisions. Subsec. (c)(2)(A). Pub. L. 87–64, § 102(a), substituted ‘‘attainment of age 62’’ for ‘‘attainment of retirement age’’. Subsec. (c)(3). Pub. L. 87–64, § 102(e)(6), substituted ‘‘Except as provided in subsection (q) of this section, such’’ for ‘‘Such’’. Subsec. (e)(1). Pub. L. 87–64, §§ 102(a), 104(d)(1), sub- stituted ‘‘has attained age 62’’ for ‘‘has attained retire- ment age’’ in subpar. (B), ‘‘attainment of age 62’’ for ‘‘attainment of retirement age’’ and ‘‘attained age 62’’ for ‘‘attained retirement age’’ in subpar. (C), and ‘‘821⁄2 percent’’ for ‘‘three-fourths’’ in subpar. (D) and in clos- ing provisions. Subsec. (e)(2). Pub. L. 87–64, § 104(a), substituted ‘‘821⁄2 percent’’ for ‘‘three-fourths’’. Subsec. (f)(1). Pub. L. 87–64, §§ 102(a), 104(d)(1), sub- stituted ‘‘has attained age 62’’ for ‘‘has attained retire- ment age’’ in subpar. (B), and ‘‘821⁄2 percent’’ for ‘‘three- fourths’’ in subpar. (E) and in closing provisions. Subsec. (f)(2)(A). Pub. L. 87–64, § 102(a), substituted ‘‘attainment of age 62’’ for ‘‘attainment of retirement age’’. Subsec. (f)(3). Pub. L. 87–64, § 104(b), substituted ‘‘821⁄2 percent’’ for ‘‘three-fourths’’. Subsec. (h)(1). Pub. L. 87–64, §§ 102(a), 104(d)(2), sub- stituted ‘‘has attained age 62’’ for ‘‘has attained retire- ment age’’ in subpar. (A), and ‘‘821⁄2 percent of the pri- mary insurance amount of such deceased individual if the amount of the parent’s insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case)’’ for ‘‘three-fourths of the primary insurance amount of such deceased individual’’ in subpar. (D) and in closing provisions. Subsec. (h)(2). Pub. L. 87–64, § 104(c), designated exist- ing provisions as subpar. (A), increased the benefit from three-fourths to 821⁄2 percent of the primary insurance amount, and added subpars. (B) and (C). Subsec. (j). Pub. L. 87–64, § 102(b)(3), extended provi- sions which formerly authorized waiver of old-age bene- fits or wife’s benefits by a woman to permit waiver of any benefit by any individual. Subsec. (q). Pub. L. 87–64, § 102(b)(1), among other changes, authorized adjustment of the old-age insur- ance benefits for men and of the husband’s insurance benefits for months prior to the month in which the in- dividual attains age 65, simplified the formula for re- ducing benefits, and, in cases where an individual is en- titled to a reduced benefit and such benefit is increased by reason of an increase in the primary insurance amount, required separate computation of the increase for and after the first month for which such increase is effective. Subsec. (r). Pub. L. 87–64, § 102(b)(1), extended applica- tion of the subsection to men, and provided in cases where an individual is entitled to a disability insurance benefit for the same month for which an application for a reduced wife’s or husband’s insurance benefit is effec- tive, that the individual will be deemed to have filed an application for old-age insurance benefit in the first subsequent month for which the individual is not enti- tled to a disability insurance benefit. Subsec. (s). Pub. L. 87–64, § 102(b)(2)(A), repealed sub- sec. (s) which related to female disability insurance beneficiaries. 1960—Subsec. (d)(1). Pub. L. 86–778, §§ 201(a), (b), 205(a), 403(d), among other changes, struck out ‘‘after 1939’’ after ‘‘fully or currently insured individual’’ in opening clause, substituted ‘‘a period of disability which contin- ued until he became entitled to old-age or disability in- surance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits’’ for ‘‘a period of disability which did not end prior to the month in which he became entitled to old-age or dis- ability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died)’’ in subpar. (C), and inserted provisions making subpar. (C)(1) inapplicable, in the case of an individual entitled to disability insurance benefits, to a child of such individual unless he is the natural child or step- child of such individual (including such a child who was legally adopted by such individual) or was legally adopted by such individual before the end of the 24–month period beginning with the month after the month in which such individual most recently became entitled to disability insurance benefits, and sub- stituted provisions authorizing the payment of benefits until the month preceding the third month following the month in which a child ceases to be under a dis- ability (as so defined) after the month in which he at- tains age 18 for provisions which authorized payment of benefits until the child ceases to be under a disability (as so defined) on or after the day on which he attains age 18. Subsec. (d)(2). Pub. L. 86–778, § 301(a), struck out pro- visions which required each child’s insurance benefit, if there is more than one child entitled to benefits on the basis of an individual’s wages and self-employment in- come, to be equal to the sum of (A) one-half of the pri- mary insurance amount of the individual, and (B) one- fourth of the primary insurance amount divided by the number of such children. Subsec. (d)(3). Pub. L. 86–778, §§ 202(a), 208(d), inserted provisions requiring that for purposes of such para- graph, a child deemed to be a child of a fully or cur- rently insured individual pursuant to section 416(h)(2)(B) of this title, shall, if such individual is the child’s father, be deemed to be the legitimate child of such individual, and struck out subpar. (C) which re- lated to a child living with and receiving more than one-half of his support from his stepfather. Subsec. (e)(1). Pub. L. 86–778, § 205(a), struck out ‘‘after 1939’’ after ‘‘died a fully insured individual’’ in opening clause. Subsec. (f)(1). Pub. L. 86–778, § 205(b), struck out ‘‘after August 1950’’ after ‘‘died a fully and currently insured individual’’ in opening clause. Subsecs. (g)(1), (h)(1). Pub. L. 86–778, § 205(a), struck out ‘‘after 1939’’ after ‘‘died a fully or currently insured individual’’ in opening clause. Subsec. (i). Pub. L. 86–778, §§ 103(a), (j)(2)(C), 203(a), amended second and third sentences to require pay- ment to the funeral home to the extent of the unpaid expenses if all or part of the burial expenses remain un- paid, and to prescribe the manner of payment of any balance that may remain after the funeral home and the persons equitably entitled thereto have received payment, and substituted ‘‘the Commonwealth of Puer- to Rico, the Virgin Islands, Guam, or American Samoa’’ for ‘‘Puerto Rico, or the Virgin Islands’’, ‘‘sec- tion 410(l)(1) of this title’’ for ‘‘section 410(m)(1) of this title’’, and ‘‘is returned to any State’’ for ‘‘is returned to any of such States, or the District of Columbia’’. Pub. L. 86–624 substituted ‘‘fifty States’’ for ‘‘forty- nine States’’. Subsec. (n). Pub. L. 86–778, § 211(i), substituted ‘‘Sec- tion 403(b), (c), and (d) of this title’’ for ‘‘Section 403 (b) and (c) of this title’’ in last sentence of cl. (1). Subsec. (q)(5). Pub. L. 86–778, § 211(j), substituted ‘‘under section 403(b) of this title or paragraph (1) of section 403(c) of this title’’ for ‘‘under paragraph (1) or (2) of section 403(b) of this title’’ in cl. (A), and ‘‘section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title’’ for ‘‘paragraph (1) or (2) of section 403(b) of this title, under section 403(c) of this title, or under section 422(b) of this title’’ in cl. (B). Subsec. (q)(6). Pub. L. 86–778, § 211(k), substituted ‘‘section 403(b), under section 403(c)(1), under section Page 1856 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 403(d)(1), or under section 422(b) of this title’’ for ‘‘sec- tion 403(b) (1) or (2), under section 403(c), or under sec- tion 422(b) of this title’’ in cl. (A), and ‘‘under section 403(b) of this title or paragraph (1) of section 403(c) of this title’’ for ‘‘under paragraph (1) or (2) of section 403(b) of this title’’ in cl. (D). Subsec. (t)(4)(D). Pub. L. 86–778, § 103(j)(2)(D), sub- stituted ‘‘section 410(l)(2)’’ for ‘‘section 410(m)(2)’’, ‘‘sec- tion 410(l)(3)’’ for ‘‘section 410(m)(3)’’, and ‘‘section 410(m)’’ for ‘‘section 410(n)’’, wherever appearing. Subsec. (t)(7). Pub. L. 86–778, § 211(l), substituted ‘‘Subsections (b), (c), and (d) of section 403 of this title’’ for ‘‘Subsections (b) and (c) of section 403 of this title’’. 1959—Subsec. (i). Pub. L. 86–70 substituted ‘‘forty-nine States’’ for ‘‘forty-eight States’’. 1958—Subsec. (b). Pub. L. 85–840, § 205(b), substituted ‘‘old-age or disability insurance’’ for ‘‘old-age insur- ance’’ in seven places, and inserted provisions termi- nating the wife’s insurance benefit the month pre- ceding the first month in which her husband is not en- titled to disability insurance benefits and is not enti- tled to old-age insurance benefits. Subsec. (c)(1). Pub. L. 85–840, § 205(c), substituted ‘‘old-age or disability insurance’’ for ‘‘old-age insur- ance’’ wherever appearing, inserted provisions in sub- par. (C) entitling the husband to an insurance benefit if he was receiving at least one-half of his support from the individual if she had a period of disability which did not end prior to the month in which she became en- titled to old-age or disability insurance benefits, at the beginning of such period or at the time she became en- titled to such benefits provided he filed proof of such support within two years after the month in which she filed application with respect to such period of dis- ability or after the month in which she became entitled to such benefits, and inserted provisions terminating the husband’s insurance benefit the month preceding the first month in which his wife is not entitled to dis- ability insurance benefits and is not entitled to old-age insurance benefits. Subsec. (c)(2), (3). Pub. L. 85–840, § 301(a)(1), added par. (2) and redesignated former par. (2) as (3). Subsec. (d)(1). Pub. L. 85–840, § 205(d), inserted provi- sions entitling the child of an individual entitled to disability insurance benefits to insurance benefits if the child was dependent upon such individual if such individual had a period of disability which did not end prior to the month in which he became entitled to old- age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died, and providing that the benefits to a child of a disability insurance beneficiary shall cease with the month before the first month for which the in- dividual is not entitled to such benefits unless such in- dividual is, for such later month, entitled to old-age in- surance benefits or unless he dies in such month. Subsec. (d)(3) to (5). Pub. L. 85–840, § 306(a), struck out ‘‘who has not attained the age of eighteen’’ after ‘‘A child’’ wherever appearing. Subsec. (d)(6). Pub. L. 85–840, § 307(a), added par. (6), and Pub. L. 85–840, § 306(a), repealed former par. (6), which related to dependency of a child who has at- tained the age of eighteen and who is under a disability which began before he attained the age of eighteen. Subsec. (e)(3)(B). Pub. L. 85–840, § 301(b)(1), substituted ‘‘which occurs within one year after such marriage and he did not die a fully insured individual’’ for ‘‘but she is not his widow (as defined in section 416(c) of this title)’’. Subsec. (e)(4). Pub. L. 85–840, § 307(b), added par. (4). Subsec. (f)(1)(D). Pub. L. 85–840, § 205(e), inserted pro- visions entitling a widower to an insurance benefit if he was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which she died, at the time such period began, or at the time of her death, or at the time she became entitled to old-age or disability insurance benefits, and he filed proof of such support within two years after the month in which she filed application with respect to the period of disability or two years after the date of her entitlement to old- age or disability insurance benefits or her death. Subsec. (f)(2), (3). Pub. L. 85–840, § 301(c)(1), added par. (2) and redesignated former par. (2) as (3). Subsec. (f)(4). Pub. L. 85–840, § 307(c), added par. (4). Subsec. (g)(1)(F). Pub. L. 85–840, § 205(f), inserted pro- visions entitling a former wife divorced to an insurance benefit, if she was receiving at least one-half of her sup- port from an individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death. Subsec. (g)(3). Pub. L. 85–840, § 303(a), added par. (3). Another par. (3), which was added by Pub. L. 85–798, was repealed by Pub. L. 85–840, § 303(b), effective with re- spect to benefits payable for any month following Au- gust 1958. Subsec. (g)(4). Pub. L. 85–840, § 307(d), added par. (4). Subsec. (h)(1). Pub. L. 85–840, § 304(a)(1), struck out from opening clause provisions which prevented pay- ment of a parent’s benefit if the deceased individual left a widow who met the conditions in subsec. (e)(1)(D) of this section, a widower who met the conditions in subsec. (f)(1)(D) of this section, an unmarried child under the age of eighteen deemed dependent on such in- dividual under subsec. (d)(3), (4), or (5) of this section, or an unmarried child who had attained the age of eighteen and was under a disability which began before he attained such age and who is deemed dependent on such individual under subsec. (d)(6) of this section. Subsec. (h)(1)(B). Pub. L. 85–840, § 205(g), inserted pro- visions entitling a parent to an insurance benefit if the parent was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and the parent filed proof of such support within two years after the month in which the individual filed application with respect to such period of disability or two years after the date of such death. Subsec. (h)(4). Pub. L. 85–840, § 307(e), added par. (4). Subsec. (i). Pub. L. 85–840, § 305(a), required a widow or widower to be living in the same household with the deceased at the time of death in order to receive a lump-sum death payment. Subsec. (k). Pub. L. 85–840, § 205(h), substituted ‘‘old- age or disability insurance’’ for ‘‘old-age insurance’’ wherever appearing. Subsec. (m). Pub. L. 85–840, § 101(e), substituted ‘‘less than the first figure in column IV of the table in sec- tion 415(a) of this title’’ for ‘‘less than $30’’, and ‘‘in- creased to the first figure in column IV of the table in section 415(a) of this title’’ for ‘‘increased to $30’’. Subsec. (o). Pub. L. 85–857 substituted ‘‘described in section 3005 of Title 38’’ for ‘‘prescribed under section 601 of the Servicemen’s and Veterans’ Survivor Benefits Act’’. Subsec. (q)(5). Pub. L. 85–840, § 205(i)(1), (2), inserted reference to section 422(b) of this title in subpar. (B), added subpar. (D), and substituted ‘‘clauses (A), (B), (C), and (D)’’ for ‘‘clauses (A), (B), and (C)’’ in closing provi- sions. Subsec. (q)(6). Pub. L. 85–840, § 205(i)(3), (4), inserted reference to section 422(b) of this title in subpar. (A), added subpar. (C), redesignated former subpar. (C) as (D), and substituted ‘‘clauses (A), (B), (C), and (D))’’ for ‘‘clauses (A), (B), and (C)’’ in closing provisions. Subsec. (t)(4)(E). Pub. L. 85–927 added par. (E). 1957—Subsec. (b)(1). Pub. L. 85–238, § 3(a), redesignated subpar. (D) as (C), and repealed former subpar. (C) which required the wife to be living with her husband at the time the application for benefits was filed. Subsec. (c)(1). Pub. L. 85–238, § 3(b), redesignated sub- pars. (D) and (E) as (C) and (D), respectively, and re- pealed former subpar. (C) which required the husband to be living with his wife at the time the application for benefits was filed. Subsec. (e)(1). Pub. L. 85–238, § 3(c), redesignated sub- par. (E) as (D), and repealed former subpar. (D) which Page 1857 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 required the widow to be living with her husband at the time of his death. Subsec. (f)(1). Pub. L. 85–238, § 3(d), redesignated sub- pars. (E) and (F) as (D) and (E), respectively, and re- pealed former subpar. (D) which required the widower to be living with his wife at the time of her death. Subsec. (g)(1)(F). Pub. L. 85–238, § 3(e), struck out pro- visions which required the widow to be living with her husband at the time of his death. Subsec. (h)(1). Pub. L. 85–238, § 3(f), struck out ref- erences to subpar. (E) of subsec. (e)(1) of this section and to subpar. (F) of subsec. (f)(1) of this section. Subsec. (p)(1). Pub. L. 85–238, § 3(g), substituted ‘‘sub- paragraph (C) of subsection (c)(1)’’ for ‘‘subparagraph (D) of subsection (c)(1)’’ and ‘‘subparagraph (D) of sub- section (f)(1)’’ for ‘‘subparagraph (E) of subsection (f)(1)’’. Subsec. (t)(4)(D). Pub. L. 85–238, § 1, added subpar. (D). 1956—Subsec. (a). Act Aug. 1, 1956, ch. 836, § 102(d)(1), inserted ‘‘Except as provided in subsection (q)’’. Subsec. (a)(3). Act Aug. 1, 1956, ch. 836, § 103(c)(1), in- cluded an individual entitled to disability insurance benefits for the month preceding the month in which he attained the age of 65. Subsec. (b)(1). Act Aug. 1, 1956, ch. 836, § 102(d)(2), (3), substituted ‘‘old-age insurance benefits based on a pri- mary insurance amount which’’ for ‘‘old-age insurance benefits each of which’’ in cl. (D), and ‘‘old-age insur- ance benefit based on a primary insurance amount which is equal to or exceeds’’ for ‘‘old-age insurance benefit equal to or exceeding’’ in provisions following cl. (D). Subsec. (b)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(4), in- serted ‘‘Except as provided in subsection (q) of this sec- tion’’. Subsec. (c)(1). Act. Aug. 1, 1956, ch. 836, § 102(d)(5), (6), substituted ‘‘the primary insurance amount of his wife’’ for ‘‘an old-age insurance benefit of his wife’’ in cl. (E), and in provisions following cl. (E). Subsec. (c)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(7), sub- stituted ‘‘primary insurance amount’’ for ‘‘old-age in- surance benefit’’. Subsec. (d)(1). Act Aug. 1, 1956, ch. 836, § 101(a), au- thorized child’s insurance benefit for children, who at the time of filing application, are under a disability which began before they attained the age of 18, and per- mitted payment of such benefit until such disability ceases. Subsec. (d)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(7), sub- stituted ‘‘primary insurance amount’’ for ‘‘old-age in- surance benefit’’. Subsec. (d)(3) to (5). Act Aug. 1, 1956, ch. 836, § 101(b)(1), substituted ‘‘A child who has not attained the age of eighteen’’ for ‘‘A child’’ wherever appearing in such paragraphs. Subsec. (d)(6). Act Aug. 1, 1956, ch. 836, § 101(b)(2), added par. (6). Subsec. (e)(3). Act Aug. 1, 1956, ch. 836, § 113, added par. (3). Subsec. (h)(1). Act Aug. 1, 1956, ch. 836, § 101(c), pre- cluded payment of parent’s benefit if an individual dies leaving an unmarried child over 18 who is under a dis- ability which began before the age of 18 and who is deemed dependent on such individual. Subsec. (i). Act Aug. 1, 1956, ch. 837, § 403(a), sub- stituted ‘‘January 1, 1957’’ for ‘‘April 1956’’, and inserted provisions authorizing payment of lump-sum death payment in the case of any individual who died outside the United States and the District of Columbia after December 1956 while performing service, as a member of a uniformed service, to which the provisions of sec- tion 410(m)(1) of this title are applicable. Subsec. (j)(3). Act Aug. 1, 1956, ch. 836, § 102(d)(8), added par. (3). Subsec. (k)(2)(B). Act Aug. 1, 1956, ch. 836, § 103(c)(2), inserted reference to section 423 of this title. Subsec. (k)(3). Act Aug. 1, 1956, ch. 836, § 102(d)(9), in- serted provisions requiring reduction under subsection (q) of this section, and provided that the reduction should be not below zero. Subsec. (m). Act Aug. 1, 1956, ch. 836, § 102(d)(10), in- serted references to subsection (q) of this section. Subsec. (n)(1)(A). Act Aug. 1, 1956, ch. 836, § 103(c)(3), inserted reference to section 423 of this title. Subsec. (o). Act Aug. 1, 1956, ch. 837, § 407, added sub- sec. (o). Subsec. (p). Act Aug. 1, 1956, ch. 836, § 114(a), added subsec. (p). Subsecs. (q) to (s). Act Aug. 1, 1956, ch. 836, § 102(c), added subsecs. (q) to (s). Subsecs. (t), (u). Act Aug. 1, 1956, ch. 836, §§ 118(a), 121(a), added subsecs. (t) and (u), respectively. 1955—Subsec. (i). Act Aug. 9, 1955, made subsection applicable to cases of deaths occurring before April 1956. 1954—Subsec. (e)(1)(C). Act Sept. 1, 1954, § 110(a), pro- vided that applications for widow’s insurance benefits would not be required if the widow was entitled to a mother’s insurance benefit in the month prior to the month in which she attained retirement age. Subsec. (g)(1)(D). Act Sept. 1, 1954, § 110(b), provided that applications for mother’s insurance benefits would not be required if the widow was entitled to a wife’s in- surance benefit for the month preceding the month in which the insured individual died. Subsec. (i). Act Sept. 1, 1954, §§ 102(i)(2), 110(c), in- serted ‘‘, or an amount equal to $255, whichever is the smaller’’ after ‘‘primary insurance amount.’’, and pro- vided that an application for a lump-sum death pay- ment would not be required from an individual who was entitled to wife’s or husband’s insurance benefits for the month preceding the month in which the insured individual died. Subsec. (j)(1). Act Sept. 1, 1954, § 105(a), substituted ‘‘twelfth’’ for ‘‘sixth’’. Subsecs. (m), (n). Act Sept. 1, 1954, §§ 102(i)(1), 107, added subsecs. (m) and (n), respectively. 1953—Subsec. (i). Act Aug. 14, 1953, made subsec. (i) applicable to cases of deaths occurring before July 1955. 1950—Subsec. (a). Act Aug. 28, 1950, changed the name of the benefit provided by this subsection from ‘‘pri- mary insurance benefit’’ to ‘‘old-age insurance ben- efit’’, and continued the conditions under which an in- dividual becomes entitled to the benefits. Subsec. (b). Act Aug. 28, 1950, continued the condi- tions required for the wife to be entitled to benefits. Subsec. (c). Act Aug. 28, 1950, provided benefits for the dependent husband of a female old-age insurance beneficiary who was currently insured at the time of her entitlement to the old-age insurance benefit. Subsec. (d). Act Aug. 28, 1950, increased the total amount of the family benefits in a survivor family in which there is at least one entitled child by one-fourth of the worker’s old-age benefit and restates the cir- cumstances under which a child is deemed dependent upon an individual. Subsec. (e). Act Aug. 28, 1950, permitted a wife enti- tled to wife’s insurance benefits to become entitled to widow’s insurance benefits upon the husband’s death without filing a new application. Subsec. (f). Act Aug. 28, 1950, provided benefits for the dependent widower of a woman who is fully and cur- rently insured at the time of her death. Subsec. (g). Act Aug. 28, 1950, changed title of widow’s current insurance benefits to mother’s insurance bene- fits and provided for payment of such benefits to the di- vorced wife of a deceased insured worker if she had been receiving at least half her support from the work- er, and if she is caring for her son, daughter, or legally adopted child who is receiving benefits on the worker’s wage record. Subsec. (h). Act Aug. 28, 1950, changed the require- ment that a parent must have been chiefly dependent upon and supported by the wage earner to the require- ment that the parent only need have been receiving one-half his support in order for the parent to be found a dependent. Subsec. (i). Act Aug. 28, 1950, limited the amount of the lump-sum death payment to three times the work- er’s primary insurance amount instead of six times the amount. Page 1858 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Subsec. (j). Act Aug. 28, 1950, increased from 3 to 6 the number of months for which benefits may be paid retro- actively to individuals who failed to file their applica- tions as soon as they were otherwise eligible. Subsecs. (k), (l). Act Aug. 28, 1950, added subsecs. (k) and (l). 1946—Subsec. (c). Act Aug. 10, 1946, § 402, changed par. (1) to prevent termination of benefits on adoption by a stepparent, grandparent, aunt or uncle and changed par. (3)(C) to omit qualification as to the time of such individual’s death and to require the child to be chiefly supported by the stepfather. Subsec. (f)(1). Act Aug. 10, 1946, § 403(a), provided that benefit payments to parents are prevented only if the individual leaves a widow or child who could become entitled to benefits and required parents to be chiefly instead of wholly dependent. Subsec. (g). Act Aug. 10, 1946, § 404(a), required that a widow or widower must have been living with deceased at time of death to be entitled to a lump sum payment and provided that if there was no such spouse, the pay- ment will be made to the person or persons equitably entitled thereto in the proportion and to the extent that he or they have paid the burial expenses. Subsec. (h). Act Aug. 10, 1946, § 405(a), extended provi- sion for payment of benefits retroactively for three months to the primary beneficiary and provided that retroactive benefits shall be reduced so as not to render erroneous any benefit previously paid. 1939—Act Aug. 10, 1939, amended section generally. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Administrator of Veterans’ Affairs deemed to refer to Secretary of Veterans Affairs pursu- ant to section 10 of Pub. L. 100–527, set out as a Depart- ment of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits. EFFECTIVE DATE OF 2025 AMENDMENT Pub. L. 118–273, § 4, Jan. 5, 2025, 138 Stat. 3232, provided that: ‘‘The amendments made by this Act [amending this section and section 415 of this title] shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 2023. Notwith- standing section 215(f) of the Social Security Act [42 U.S.C. 415(f)], the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3 [amending this section and section 415 of this title].’’ EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–74, title VIII, § 831(a)(3), Nov. 2, 2015, 129 Stat. 612, provided that: ‘‘The amendments made by this subsection [amending this section] shall apply with respect to individuals who attain age 62 in any calendar year after 2015.’’ Pub. L. 114–74, title VIII, § 831(b)(3), Nov. 2, 2015, 129 Stat. 613, provided that: ‘‘The amendments made by this subsection [amending this section] shall apply with respect to requests for benefit suspension sub- mitted beginning at least 180 days after the date of the enactment of this Act [Nov. 2, 2015].’’ EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–270, § 5, Dec. 18, 2014, 128 Stat. 2950, pro- vided that: ‘‘The amendments made by this Act [amending this section] shall apply with respect to ben- efits paid for any month beginning after the date of the enactment of this Act [Dec. 18, 2014].’’ EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–203, title II, § 203(d), Mar. 2, 2004, 118 Stat. 511, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1004 and 1382 of this title] shall take effect on the first day of the first month that begins on or after the date that is 9 months after the date of enactment of this Act [Mar. 2, 2004].’’ Pub. L. 108–203, title IV, § 412(c), Mar. 2, 2004, 118 Stat. 528, provided that: ‘‘(1) IN GENERAL.—The amendment made by— ‘‘(A) subsection (a)(1) [amending this section] shall apply to individuals with respect to whom the Com- missioner of Social Security receives a removal no- tice after the date of the enactment of this Act [Mar. 2, 2004]; ‘‘(B) subsection (a)(2) [amending this section] shall apply with respect to notifications of removals re- ceived by the Commissioner of Social Security after the date of enactment of this Act; and ‘‘(C) subsection (a)(3) [amending this section] shall be effective as if enacted on March 1, 1991. ‘‘(2) SUBSEQUENT CORRECTION OF CROSS-REFERENCE AND TERMINOLOGY.—The amendments made by subsections (a)(4) and (b)(1) [amending this section] shall be effec- tive as if enacted on April 1, 1997. ‘‘(3) REFERENCES TO THE SECRETARY OF HOMELAND SE- CURITY.—The amendment made by subsection (b)(2) [amending this section] shall be effective as if enacted on March 1, 2003.’’ Pub. L. 108–203, title IV, § 418(c), Mar. 2, 2004, 118 Stat. 533, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and section 426 of this title] shall apply with respect to applications for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] filed on or after the first day of the first month that begins after the date of enactment of this Act [Mar. 2, 2004], except that such amendments shall not apply in connection with monthly periodic benefits of any individual based on earnings while in service de- scribed in section 202(k)(5)(A) of the Social Security Act [42 U.S.C. 402(k)(5)(A)] (in the matter preceding clause (i) thereof) if the last day of such service occurs before July 1, 2004. ‘‘(2) TRANSITIONAL RULE.—In the case of any indi- vidual whose last day of service described in subpara- graph (A) of section 202(k)(5) of the Social Security Act (as added by subsection (a) of this section) occurs with- in 5 years after the date of enactment of this Act— ‘‘(A) the 60-month period described in such subpara- graph (A) shall be reduced (but not to less than 1 month) by the number of months of such service (in the aggregate and without regard to whether such months of service were continuous) which— ‘‘(i) were performed by the individual under the same retirement system on or before the date of en- actment of this Act, and ‘‘(ii) constituted ‘employment’ as defined in sec- tion 210 of the Social Security Act [42 U.S.C. 410]; and ‘‘(B) months of service necessary to fulfill the 60- month period as reduced by subparagraph (A) of this paragraph must be performed after the date of enact- ment of this Act.’’ Pub. L. 108–203, title IV, § 420A(b), Mar. 2, 2004, 118 Stat. 535, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall be effective with respect to benefits payable for months beginning with the 7th month that begins after the date of enact- ment of this Act [Mar. 2, 2004].’’ EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–182, § 5, Apr. 7, 2000, 114 Stat. 199, provided that: ‘‘The amendments made by this Act [amending this section and section 403 of this title] shall apply with respect to taxable years ending after December 31, 1999.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–170, title IV, § 402(a)(4), Dec. 17, 1999, 113 Stat. 1908, provided that: ‘‘The amendments made by this subsection [amending this section, section 1382 of Page 1859 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 this title, and section 552a of Title 5, Government Orga- nization and Employees] shall apply to individuals whose period of confinement in an institution com- mences on or after the first day of the fourth month be- ginning after the month in which this Act is enacted [Dec. 1999].’’ Pub. L. 106–170, title IV, § 402(b)(2), Dec. 17, 1999, 113 Stat. 1908, provided that: ‘‘The amendments made by this subsection [amending this section] shall apply to individuals whose period of confinement in an institu- tion commences on or after the first day of the fourth month beginning after the month in which this Act is enacted [Dec. 1999].’’ Pub. L. 106–170, title IV, § 402(d)(3), Dec. 17, 1999, 113 Stat. 1909, provided that: ‘‘The amendments made by this subsection [amending this section] shall apply with respect to benefits for months ending after the date of the enactment of this Act [Dec. 17, 1999].’’ Pub. L. 106–169, title II, § 207(e), Dec. 14, 1999, 113 Stat. 1839, provided that: ‘‘The amendments made by this section [enacting section 1320a–8a of this title, amend- ing this section and section 1382 of this title, and enact- ing provisions set out as a note under section 1320a–8a of this title] shall apply to statements and representa- tions made on or after the date of the enactment of this Act [Dec. 14, 1999].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(g)(1) of Pub. L. 104–208 ef- fective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. Pub. L. 104–208, div. C, title V, § 503(b), Sept. 30, 1996, 110 Stat. 3009–671, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to benefits for which applications are filed on or after the first day of the first month that begins at least 60 days after the date of the enact- ment of this Act [Sept. 30, 1996].’’ Pub. L. 104–121, title I, § 104(a)(2), Mar. 29, 1996, 110 Stat. 851, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month fol- lowing the month in which this Act is enacted [March 1996].’’ Pub. L. 104–121, title I, § 104(b)(3), Mar. 29, 1996, 110 Stat. 852, provided that: ‘‘(A) The amendments made by paragraph (1) [amend- ing this section] shall apply with respect to final di- vorces occurring after the third month following the month in which this Act is enacted [March 1996]. ‘‘(B) The amendment made by paragraph (2) [amend- ing this section] shall take effect on the date of the en- actment of this Act [Mar. 29, 1996].’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–387, § 4(b), Oct. 22, 1994, 108 Stat. 4076, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to ben- efits for months commencing after 90 days after the date of the enactment of this Act [Oct. 22, 1994].’’ Amendment by section 107(a)(4) of Pub. L. 103–296 ef- fective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. Pub. L. 103–296, title III, § 308(c), Aug. 15, 1994, 108 Stat. 1523, provided that: ‘‘The amendments made by this section [amending this section and section 415 of this title] shall apply (notwithstanding section 215(f) of the Social Security Act [42 U.S.C. 415(f)]) with respect to benefits payable for months after December 1994.’’ Pub. L. 103–296, title III, § 321(b)(1), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 603(b)(5)(A) of Pub. L. 101–649. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–649 not applicable to de- portation proceedings for which notice has been pro- vided to the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101–649, set out as a note under section 1227 of Title 8, Aliens and Nationality. Pub. L. 101–508, title V, § 5103(e), Nov. 5, 1990, 104 Stat. 1388–253, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and sections 416, 423, 426, and 1383c of this title] (other than paragraphs (1) and (2)(C) of subsection (c) [amending sections 426 and 1383c of this title]) shall apply with respect to monthly in- surance benefits for months after December 1990 for which applications are filed on or after January 1, 1991, or are pending on such date. The amendments made by subsection (c)(1) [amending section 1383c of this title] shall apply with respect to medical assistance provided after December 1990. The amendments made by sub- section (c)(2)(C) [amending section 426 of this title] shall apply with respect to items and services furnished after December 1990. ‘‘(2) APPLICATION REQUIREMENTS FOR CERTAIN INDIVID- UALS ON BENEFIT ROLLS.—In the case of any individual who— ‘‘(A) is entitled to disability insurance benefits under section 223 of the Social Security Act [42 U.S.C. 423] for December 1990 or is eligible for supplemental security income benefits under title XVI of such Act [42 U.S.C. 1381 et seq.], or State supplementary pay- ments of the type referred to in section 1616(a) of such Act [42 U.S.C. 1382e(a)] (or payments of the type described in section 212(a) of Public Law 93–66 [set out as a note under section 1382 of this title]) which are paid by the Secretary under an agreement referred to in such section 1616(a) (or in section 212(b) of Public Law 93–66 [set out as a note under section 1382 of this title]), for January 1991, ‘‘(B) applied for widow’s or widower’s insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act during 1990 [42 U.S.C. 402(e), (f)], and ‘‘(C) is not entitled to such benefits under such sub- section (e) or (f) for any month on the basis of such application by reason of the definition of disability under section 223(d)(2)(B) of the Social Security Act (as in effect immediately before the date of the enact- ment of this Act [Nov. 5, 1990]), and would have been so entitled for such month on the basis of such appli- cation if the amendments made by this section had been applied with respect to such application, for purposes of determining such individual’s entitle- ment to such benefits under subsection (e) or (f) of sec- tion 202 of the Social Security Act for months after De- cember 1990, the requirement of paragraph (1)(C)(i) of such subsection shall be deemed to have been met.’’ Pub. L. 101–508, title V, § 5116(b), Nov. 5, 1990, 104 Stat. 1388–274, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect to applications for benefits filed on or after Janu- ary 1, 1991.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–239, title X, § 10203(b), Dec. 19, 1989, 103 Stat. 2473, provided that: ‘‘The amendments made by this section [amending this section] shall apply— ‘‘(1) in the case of any individual’s old-age insur- ance benefit referred to in section 202(q)(3)(E) of the Social Security Act [42 U.S.C. 402(q)(3)(E)] (as in ef- fect before the amendments made by this section), only if such individual attains age 62 on or after Jan- uary 1, 1990, and ‘‘(2) in the case of any individual’s disability insur- ance benefit referred to in section 202(q)(3)(F) or (G) of such Act (as so in effect), only if such individual both attains age 62 and becomes disabled on or after such date.’’ Pub. L. 101–239, title X, § 10301(c), Dec. 19, 1989, 103 Stat. 2481, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to benefits payable for months after December 1989, but only on the basis of applications filed on or after January 1, 1990.’’ Page 1860 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Pub. L. 101–239, title X, § 10302(a)(2), Dec. 19, 1989, 103 Stat. 2482, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to misinformation furnished after December 1982 and to benefits for months after December 1982.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title VIII, § 8004(c), Nov. 10, 1988, 102 Stat. 3780, provided that: ‘‘The amendments made by this section [amending this section] shall apply only in the case of deportations occurring, and final orders of deportation issued, on or after the date of enactment of this Act [Nov. 10, 1988], and only to benefits for months beginning (and deaths occurring) on or after such date.’’ Amendment by section 8007(b) of Pub. L. 100–647 ap- plicable to benefits paid for (and items and services fur- nished in) months after December 1988, see section 8007(d) of Pub. L. 100–647, set out as a note under sec- tion 1402 of Title 26, Internal Revenue Code. Pub. L. 100–647, title VIII, § 8010(c), Nov. 10, 1988, 102 Stat. 3789, provided that: ‘‘The amendments made by this section [amending this section] shall apply to ben- efits payable under section 202(e) or section 202(f) of the Social Security Act [42 U.S.C. 402(e), (f)] on the basis of the wages and self-employment income of an individual who dies after the month in which this Act is enacted [Nov. 10, 1988].’’ Pub. L. 100–647, title VIII, § 8014(c), Nov. 10, 1988, 102 Stat. 3790, provided that: ‘‘The preceding provisions of this section (including the amendments made by sub- section (a)) [amending this section and enacting provi- sions set out below] shall apply as if they had been in- cluded or reflected in the provisions of section 9007 of the Omnibus Budget Reconciliation Act of 1987 (101 Stat. 1330–289) [Pub. L. 100–203, amending this section and enacting provisions set out below] at the time of its enactment [Dec. 22, 1987].’’ EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–203, title IX, § 9007(f), Dec. 22, 1987, 101 Stat. 1330–292, provided that: ‘‘The amendments made by this section [amending this section] shall apply only with respect to benefits for months after December 1987; except that nothing in such amendments shall af- fect any exemption (from the application of the pension offset provisions contained in subsection (b)(4), (c)(2), (e)(7), (f)(2), or (g)(4) of section 202 of the Social Secu- rity Act [42 U.S.C. 402]) which any individual may have by reason of subsection (g) or (h) of section 334 of the Social Security Amendments of 1977 [section 334(g), (h) of Pub. L. 95–216, set out as notes below].’’ Pub. L. 100–203, title IX, § 9010(f), Dec. 22, 1987, 101 Stat. 1330–294, provided that: ‘‘The amendments made by this section [amending this section and sections 416, 423, and 426 of this title] shall take effect January 1, 1988, and shall apply with respect to— ‘‘(1) individuals who are entitled to benefits which are payable under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 of the Social Security Act [42 U.S.C. 402] or subsection (a)(1) of section 223 of such Act [42 U.S.C. 423] for any month after December 1987, and ‘‘(2) individuals who are entitled to benefits which are payable under any provision referred to in para- graph (1) for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by this section has not elapsed as of January 1, 1988.’’ EFFECTIVE DATE OF 1986 AMENDMENTS Pub. L. 99–514, title XVIII, § 1883(f), Oct. 22, 1986, 100 Stat. 2919, provided that: ‘‘Except as otherwise provided in this section, the amendments made by this section [amending this section and sections 410, 411, 415, 418, 421, 423, 602, 657, 658, 664, 674, 1301, 1320b–6, 1382a, 1383, and 1397b of this title and sections 1402 and 3121 of Title 26, Internal Revenue Code, repealing section 1397f of this title, enacting provisions set out as notes under sections 602 and 678 of this title, and amending provi- sions set out as a note under section 410 of this title] shall take effect on the date of the enactment of this Act [Oct. 22, 1986].’’ Pub. L. 99–272, title XII, § 12104(b), Apr. 7, 1986, 100 Stat. 285, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to benefits for which application is filed after the date of the enactment of this Act [Apr. 7, 1986].’’ Pub. L. 99–272, title XII, § 12107(c), Apr. 7, 1986, 100 Stat. 286, provided that: ‘‘The amendments made by this section [amending this section and section 423 of this title] are effective December 1, 1980, and shall apply with respect to any individual who is under a dis- ability (as defined in section 223(d) of the Social Secu- rity Act [42 U.S.C. 423(d)]) on or after that date.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by sections 2661(b)–(f) and 2662(c)(1) of Pub. L. 98–369 effective as though included in the enact- ment of the Social Security Amendments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title. Amendment by section 2663(a)(2) of Pub. L. 98–369 ef- fective July 18, 1984, but not to be construed as chang- ing or affecting any right, liability, status, or interpre- tation which existed (under the provisions of law in- volved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1983 AMENDMENTS Pub. L. 98–21, title I, § 111(a)(8), Apr. 20, 1983, 97 Stat. 72, provided that: ‘‘The amendments made by this sub- section [amending this section and sections 403, 415, and 430 of this title] shall apply with respect to cost-of- living increases determined under section 215(i) of the Social Security Act [42 U.S.C. 415(i)] for years after 1982.’’ Pub. L. 98–21, title I, § 114(c)(2), Apr. 20, 1983, 97 Stat. 79, provided that: ‘‘The amendments made by para- graph (1) [amending this section] shall apply with re- spect to increment months in calendar years after 1983.’’ Pub. L. 98–21, title I, § 131(d), Apr. 20, 1983, 97 Stat. 93, provided that: ‘‘(1) The amendments made by this section [amending this section and section 426 of this title] shall be effec- tive with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1983. ‘‘(2) In the case of an individual who was not entitled to a monthly benefit of the type involved under title II of such Act for December 1983, no benefit shall be paid under such title by reason of such amendments unless proper application for such benefit is made.’’ Pub. L. 98–21, title I, § 132(c)(1), Apr. 20, 1983, 97 Stat. 95, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to monthly insurance benefits for months after December 1984, but only on the basis of applications filed on or after January 1, 1985.’’ Pub. L. 98–21, title I, § 133(c), Apr. 20, 1983, 97 Stat. 97, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to monthly insurance benefits for months after December 1984 for individuals who first meet all criteria for enti- tlement to benefits under section 202(e) or (f) of the So- cial Security Act [42 U.S.C. 402(e), (f)] (other than mak- ing application for such benefits) after December 1984.’’ Pub. L. 98–21, title I, § 134(c), Apr. 20, 1983, 97 Stat. 98, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to ben- efits for months after December 1983.’’ Pub. L. 98–21, title III, § 301(a)(5), Apr. 20, 1983, 97 Stat. 110, as amended by Pub. L. 98–369, div. B, title VI, § 2662(d), July 18, 1984, 98 Stat. 1159, provided that the amendment made by that section is effective with re- spect to monthly insurance benefits for months after December 1984 (but only on the basis of applications filed on or after January 1, 1985). Page 1861 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Pub. L. 98–21, title III, § 307(b), Apr. 20, 1983, 97 Stat. 115, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [April 1983], but only in cases in which the ‘last month’ referred to in the provi- sion amended is a month after the month in which this Act is enacted.’’ Pub. L. 98–21, title III, § 310, Apr. 20, 1983, 97 Stat. 117, provided that: ‘‘(a) Except as otherwise specifically provided in this title, the amendments made by this part [part A (§§ 301–310) of title III of Pub. L. 98–21, amending this section and sections 403, 405, 416, 417, 422, 423, 425, 426, 427, and 428 of this title] apply only with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [April 1983]. ‘‘(b) Nothing in any amendment made by this part shall be construed as affecting the validity of any ben- efit which was paid, prior to the effective date of such amendment, as a result of a judicial determination.’’ Pub. L. 98–21, title III, § 334(b), Apr. 20, 1983, 97 Stat. 130, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to survivors whose applications for monthly bene- fits are filed after the second month following the month in which this Act is enacted [April 1983].’’ Pub. L. 98–21, title III, § 337(b), Apr. 20, 1983, 97 Stat. 131, as amended by Pub. L. 98–617, § 2(a)(1), Nov. 8, 1984, 98 Stat. 3294, provided that: ‘‘The amendments made by subsection (a) of this section [amending this section] shall apply only with respect to monthly insurance benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after June 1983.’’ [Pub. L. 98–617, § 2(a)(2), Nov. 8, 1984, 98 Stat. 3294, pro- vided that: ‘‘The amendments made by this subsection [amending section 337(b) of Pub. L. 98–21, set out above] shall apply to benefits payable under title II of the So- cial Security Act [42 U.S.C. 401 et seq.] for months be- ginning after the month of enactment of this Act [No- vember 1984].’’] Pub. L. 98–21, title III, § 339(c), Apr. 20, 1983, 97 Stat. 134, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 423 of this title] shall apply with respect to monthly benefits payable for months beginning on or after the date of enactment of this Act [Apr. 20, 1983].’’ Pub. L. 98–21, title III, § 340(c), Apr. 20, 1983, 97 Stat. 135, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to any individual who initially becomes eligible for bene- fits under section 202 or 223 [of the Social Security Act, 42 U.S.C. 402, 423] after December 31, 1984.’’ Pub. L. 97–455, § 7(d), Jan. 12, 1983, 96 Stat. 2502, pro- vided that: ‘‘The amendments made by subsections (a) [enacting and amending provisions set out as notes under this section] and (c) [amending this section] of this section shall be effective with respect to monthly insurance benefits for months after November 1982.’’ EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by section 2201(b)(10), (11), (d)(1), (2) of Pub. L. 97–35 and amendment by section 2(e) of Pub. L. 97–123 applicable with respect to benefits for months after December 1981, and amendment by section 2201(f) of Pub. L. 97–35 applicable with respect to deaths occur- ring after December 1981, with certain exceptions, see section 2(j)(2)–(4) of Pub. L. 97–123, set out as a note under section 415 of this title. Pub. L. 97–35, title XXII, § 2202(b), Aug. 13, 1981, 95 Stat. 835, provided that: ‘‘The amendments made by subsection (a) [amending this section and section 416 of this title] shall apply only with respect to deaths oc- curring after August 1981.’’ Pub. L. 97–35, title XXII, § 2203(f)(1), (2), Aug. 13, 1981, 95 Stat. 837, provided that: ‘‘(1) The amendments made by subsections (a), (b), and (c) [amending this section and section 416 of this title] of this section shall apply only to monthly insur- ance benefits payable to individuals who attain age 62 after August 1981. ‘‘(2) The amendments made by subsection (d) of this section [amending this section and section 416 of this title] shall apply to monthly insurance benefits for months after August 1981, and only in the case of indi- viduals who were not entitled to such insurance bene- fits for August 1981 or any preceding month.’’ Pub. L. 97–35, title XXII, § 2205(b), Aug. 13, 1981, 95 Stat. 837, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to wife’s and mother’s insurance benefits for months after the month in which this Act is enacted [August 1981], except that, in the case of an individual who is entitled to such a benefit (on the basis of having a child in her care) for the month in which this Act is enacted [August 1981], such amendments shall not take effect until the first day of the first month which be- gins 2 years or more after the date of the enactment of this Act [Aug. 13, 1981].’’ Pub. L. 97–35, title XXII, § 2206(c), Aug. 13, 1981, 95 Stat. 838, provided that: ‘‘The amendments made by this section [amending this section and sections 403 and 415 of this title] shall apply only with respect to initial calculations and adjustments of primary insurance amounts and benefit amounts which are attributable to periods after August 1981.’’ Pub. L. 97–35, title XXII, § 2210(b), Aug. 13, 1981, 95 Stat. 842, provided that: ‘‘Except as provided in sub- section (c) [section 2210(c) of Pub. L. 97–35, set out below], the amendments made by subsection (a) [amending this section] shall apply to child’s insurance benefits under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] for months after July 1982.’’ EFFECTIVE DATE OF 1980 AMENDMENTS Pub. L. 96–499, title X, § 1011(b), Dec. 5, 1980, 94 Stat. 2656, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall be effective with respect to applications filed on or after the first day of the first month which begins 60 days or more after the date of the enactment of this Act [Dec. 5, 1980].’’ Pub. L. 96–473, § 5(d), Oct. 19, 1980, 94 Stat. 2265, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 416 and 423 of this title] shall be effective with respect to benefits payable for months beginning on or after October 1, 1980.’’ Pub. L. 96–265, title III, § 303(d), June 9, 1980, 94 Stat. 453, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 416, 422, 423, 1382, and 1382c of this title] shall become effective on the first day of the sixth month which begins after the date of the enactment of this Act [June 9, 1980], and shall apply with respect to any individual whose dis- ability has not been determined to have ceased prior to such first day.’’ Pub. L. 96–265, title III, § 306(d), June 9, 1980, 94 Stat. 458, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 416 and 423 of this title] shall apply to applications filed after the month in which this Act is enacted [June 1980].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–600 effective Oct. 4, 1976, see section 703(r) of Pub. L. 95–600, set out as a note under section 46 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–216, title II, § 206, Dec. 20, 1977, 91 Stat. 1529, provided that: ‘‘The amendments made by the provi- sions of this title other than sections 201(d), 204, and 205(a) [amending this section and sections 403, 415, 417, 424a, and 1395r of this title] shall be effective with re- spect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] payable for months after December 1978 and with respect to lump-sum death payments with respect to deaths occurring after Page 1862 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 such month. The amendments made by section 201(d) [amending section 415 of this title] shall be effective with respect to monthly benefits of an individual who becomes eligible for an old-age or disability insurance benefit, or dies, after December 1977. The amendments made by section 204 [amending this section and section 403 of this title] shall be effective with respect to monthly benefits for months after May 1978. The amendment made by section 205(a) [amending this sec- tion] shall be effective with respect to monthly benefits payable for months after December 1978 based on the wages and self-employment income of individuals who die after December 1978.’’ Pub. L. 95–216, title III, § 331(d), Dec. 20, 1977, 91 Stat. 1542, provided that: ‘‘The amendments made by this section [amending this section] shall be effective with respect to monthly benefits payable for months after December 1977.’’ Pub. L. 95–216, title III, § 332(b), Dec. 20, 1977, 91 Stat. 1543, provided that: ‘‘The amendments made by sub- section (a) [amending this section and section 426 of this title] shall be effective with respect to monthly in- surance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] to which an individual be- comes entitled on the basis of an application filed on or after January 1, 1978.’’ Pub. L. 95–216, title III, § 334(f), Dec. 20, 1977, 91 Stat. 1546, as amended by Pub. L. 97–455, § 7(a)(2), Jan. 12, 1983, 96 Stat. 2501, provided that: ‘‘Subject to sub- sections (g) and (h) [section 334(g) and (h) of Pub. L. 95–216, set out as notes below], the amendments made by this section [amending this section and section 426 of this title and enacting provisions set out as notes under this section] shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months begin- ning with the month in which this Act is enacted [De- cember 1977], on the basis of applications filed in or after the month in which this Act is enacted.’’ Pub. L. 95–216, title III, § 336(c)(1), Dec. 20, 1977, 91 Stat. 1547, provided that: ‘‘The amendments made by this section [amending this section] shall apply only with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1978, and, in the case of individ- uals who are not entitled to benefits of the type in- volved for December 1978, only on the basis of applica- tions filed on or after January 1, 1979.’’ Pub. L. 95–216, title III, § 337(c), Dec. 20, 1977, 91 Stat. 1548, provided that: ‘‘The amendments made by this section [amending this section and section 416 of this title] shall apply with respect to monthly benefits pay- able under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1978, and, in the case of individuals who are not entitled to benefits of the type involved for December 1978, only on the basis of applications filed on or after January 1, 1979.’’ Pub. L. 95–216, title III, § 353(f)(1), Dec. 20, 1977, 91 Stat. 1554, provided that the amendment made by that section is effective with respect to convictions after Dec. 31, 1977. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–445, title VI, § 603, Oct. 16, 1974, 88 Stat. 1361, provided that: ‘‘The provision of title II of this Act [set out as a note under section 231 of Title 45, Rail- roads] and the amendments made by title III and title IV of this Act [amending this section and sections 405, 410, 416, 426, 1395s, 1395u, 1395v, 1395gg, and 1395kk of this title and sections 352, 354, 360, 361, and 362 of Title 45] shall become effective on January 1, 1975.’’ EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–66, title II, § 240(b), July 9, 1973, 87 Stat. 161, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [July 1973] on the basis of applications for such benefits filed in or after the month in which this Act is enacted.’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title I, § 102(i), Oct. 30, 1972, 86 Stat. 1339, provided that: ‘‘The amendments made by this section [amending this section and section 403 of this title and enacting provisions set out as notes under this section] shall apply with respect to monthly bene- fits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972.’’ Pub. L. 92–603, title I, § 103(d), Oct. 30, 1972, 86 Stat. 1340, provided that: ‘‘The amendments made by this section [amending this section and section 403 of this title] shall be applicable with respect to old-age insur- ance benefits payable under title II of the Social Secu- rity Act [42 U.S.C. 401 et seq.] for months beginning after 1972.’’ Pub. L. 92–603, title I, § 107(c), Oct. 30, 1972, 86 Stat. 1343, provided that: ‘‘The amendments made by this section [amending this section and sections 403, 422, and 425 of this title] shall apply with respect to month- ly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972, ex- cept that in the case of an individual who was not enti- tled to a monthly benefit under title II of such Act for December 1972 such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted [October 1972].’’ Pub. L. 92–603, title I, § 108(f), Oct. 30, 1972, 86 Stat. 1344, provided that: ‘‘The amendments made by this section [amending this section] shall apply only with respect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months after De- cember 1972 except that in the case of an individual who was not entitled to a monthly benefit under such section 202 for December 1972 such amendments shall apply only on the basis of an application filed after September 30, 1972.’’ Pub. L. 92–603, title I, § 109(b), Oct. 30, 1972, 86 Stat. 1345, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply only with respect to benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972.’’ Pub. L. 92–603, title I, § 110(b), Oct. 30, 1972, 86 Stat. 1346, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply only with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972.’’ Pub. L. 92–603, title I, § 111(b), Oct. 30, 1972, 86 Stat. 1347, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1967 on the basis of an application filed in or after the month in which this Act is enacted [Oc- tober 1972], except that such amendments shall not apply with respect to benefits for any month before the month in which this Act is enacted unless such applica- tion is filed before the close of the sixth month after the month in which this Act is enacted.’’ Pub. L. 92–603, title I, § 112(b), Oct. 30, 1972, 86 Stat. 1347, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply only with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning with the month in which this Act is enacted [October 1972].’’ Pub. L. 92–603, title I, § 113(c), Oct. 30, 1972, 86 Stat. 1348, provided that: ‘‘The amendments made by this section [amending this section and section 416 of this title] shall apply with respect to monthly benefits pay- able under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972, but only on the basis of applications filed on or after the date of the enactment of this Act [Oct. 30, 1972].’’ Pub. L. 92–603, title I, § 114(d), Oct. 30, 1972, 86 Stat. 1348, provided that: ‘‘The amendments made by this Page 1863 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 section [amending this section] shall apply only with respect to benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after De- cember 1972 on the basis of applications filed on or after the date of enactment of this Act [Oct. 30, 1972].’’ Amendment by section 116(b), (c) of Pub. L. 92–603 ef- fective with respect to applications for widow’s and widower’s insurance benefits based on disability under this section filed in or after October 1972 or before Oc- tober 1972 under specified conditions, see section 116(e) of Pub. L. 92–603, set out as a note under section 423 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–223, § 2, Dec. 28, 1971, 85 Stat. 802, provided that: ‘‘The amendments made by the first section of this Act [amending this section] shall be effective only in the case of lump-sum death payments under title II of the Social Security Act [42 U.S.C. 401 et seq.] made with respect to deaths which occur after December 31, 1970.’’ EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–172, title X, § 1004(d), Dec. 30, 1969, 83 Stat. 741, provided that: ‘‘The amendments made by sub- sections (a), (b), and (c) [amending this section] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1969.’’ EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–248, title I, § 103(e), Jan. 2, 1968, 81 Stat. 828, provided that: ‘‘The amendments made by subsections (a), (b), (c), and (d) [amending this section] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968.’’ Pub. L. 90–248, title I, § 104(e), Jan. 2, 1968, 81 Stat. 833, provided that: ‘‘The amendments made by this section [amending this section and sections 403, 416, 422, and 425 of this title] shall apply with respect to monthly bene- fits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted [January 1968].’’ Pub. L. 90–248, title I, § 112(b), Jan. 2, 1968, 81 Stat. 839, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968, but only on the basis of applications filed after the date of enactment of this Act [Jan. 2, 1968].’’ Pub. L. 90–248, title I, § 151(e), Jan. 2, 1968, 81 Stat. 860, provided that: ‘‘The amendments made by this section [amending this section and section 228e of Title 45, Railroads] shall apply with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] (and annuities accruing under the Railroad Retirement Act of 1937 [former 45 U.S.C. 228a et seq., now see 45 U.S.C. 231 et seq.]) for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted [Jan- uary 1968].’’ Pub. L. 90–248, title I, § 157(d), Jan. 2, 1968, 81 Stat. 867, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted [Jan- uary 1968].’’ Amendment by section 158(c)(1), (2) of Pub. L. 90–248, applicable with respect to applications for disability in- surance benefits under section 423 of this title and to disability determinations under section 416(i) of this title, see section 158(e) of Pub. L. 90–248, set out as a note under section 423 of this title. Pub. L. 90–248, title I, § 162(a)(2), Jan. 2, 1968, 81 Stat. 871, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall apply only with respect to six-month periods (within the meaning of section 202(t)(1)(A) of the Social Security Act [42 U.S.C. 402(t)(1)(A)]) which begin after the date of the enact- ment of this Act [Jan. 2, 1968].’’ Pub. L. 90–248, title I, § 162(b)(2), Jan. 2, 1968, 81 Stat. 871, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall apply only with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months begin- ning after June 30, 1968.’’ EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 303(d) of Pub. L. 89–97 effec- tive with respect to applications for disability insur- ance benefits under section 423 of this title, and for dis- ability determinations under section 416(i) of this title, filed in or after July 1965 or before July 1965, if the ap- plicant has not died before such month and notice of final administrative decision has not been given to the applicant before such month, see section 303(f)(1), of Pub. L. 89–97, set out as a note under section 423 of this title. Pub. L. 89–97, title III, § 304(o), July 30, 1965, 79 Stat. 370, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 415, 416, and 423 of this title] shall apply with respect to monthly in- surance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for and after the second month following the month [July 1965] in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is en- acted.’’ Pub. L. 89–97, title III, § 306(d), July 30, 1965, 79 Stat. 373, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 403, 416, 422, and 425 of this title] shall apply with respect to month- ly insurance benefits under section 202 of the Social Se- curity Act [42 U.S.C. 402] for months after December 1964; except that— ‘‘(1) in the case of an individual who was not enti- tled to a child’s insurance benefit under subsection (d) of such section [42 U.S.C. 402(d)] for the month in which this Act is enacted [July 1965], such amend- ments shall apply only on the basis of an application filed in or after the month in which this Act is en- acted, and ‘‘(2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted [July 1965] by rea- son of section 202(d)(1)(B)(ii) of the Social Security Act [42 U.S.C. 402(d)(1)(B)(ii)] as amended by this sec- tion.’’ Pub. L. 89–97, title III, § 307(c), July 30, 1965, 79 Stat. 375, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to monthly insurance benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for and after the second month following the month [July 1965] in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is en- acted.’’ Pub. L. 89–97, title III, § 308(e), July 30, 1965, 79 Stat. 379, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 403, 405, 416, and 422 of this title] shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] beginning with the second month following the month in which this Act is enacted [July 1965]; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act [42 U.S.C. 402] for the first month following the month in which this Act is en- acted [July 1965], only on the basis of an application filed in or after the month in which this Act is en- acted.’’ Amendment by section 319(d) of Pub. L. 89–97 applica- ble with respect to taxable years beginning after De- cember 31, 1950, see section 319(e) of Pub. L. 89–97, set out as a note under section 1402 of Title 26. Page 1864 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Pub. L. 89–97, title III, § 323(b), July 30, 1965, 79 Stat. 398, provided that: ‘‘The amendments made by sub- section (a) of this section [amending this section] shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] on or after the date this section is enacted [July 30, 1965]. The time limit provided by section 202(d)(10)(B) of such Act [42 U.S.C. 402(d)(10)(B)] as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted.’’ Pub. L. 89–97, title III, § 324(b), July 30, 1965, 79 Stat. 399, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall be effective with re- spect to (1) applications for lump-sum death payments filed in or after the month [July 1965] in which this Act is enacted, and (2) monthly benefits based on applica- tions filed in or after such month.’’ Amendment by section 328(a) of Pub. L. 89–97 applica- ble with respect to applications filed on or after July 30, 1965, applications as to which the Secretary has not made a final decision before July 30, 1965, and, if a civil action with respect to a final decision of the Secretary has been commenced under section 405(g) of this title before July 30, 1965, applications as to which there has been no final judicial decision before July 30, 1965, see section 328(d) of Pub. L. 89–97, set out as a note under section 416 of this title. Pub. L. 89–97, title III, § 333(d), July 30, 1965, 79 Stat. 404, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to monthly insurance benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] beginning with the sec- ond month following the month in which this Act is en- acted [July 1965]; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202(e) or (f) of such Act [42 U.S.C. 402(e), (f)] for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted.’’ Pub. L. 89–97, title III, § 334(g), July 30, 1965, 79 Stat. 405, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 416 of this title] shall be applicable only with respect to monthly insur- ance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] beginning with the second month following the month in which this Act is enacted [July 1965], but only on the basis of applications filed in or after the month in which this Act is enacted.’’ Amendment by section 339(b) of Pub. L. 89–97 applica- ble with respect to monthly insurance benefits under subchapter II of this chapter beginning with September 1965 but only on the basis of an application filed in or after July 1965, see section 339(c) of Pub. L. 89–97, set out as a note under section 416 of this title. Pub. L. 89–97, title III, § 343(b), July 30, 1965, 79 Stat. 412, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply only with respect to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [July 1965]; except that, in the case of an individual who was not entitled to child’s insurance benefits under section 202(d) of such Act [42 U.S.C. 402(d)] for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted.’’ EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–64, title I, § 102(f), June 30, 1961, 75 Stat. 136, provided that: ‘‘(1) The amendments made by subsection (a) [amend- ing this section] shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above] based on applications filed in or after March 1961. ‘‘(2)(A) Except as provided in subparagraphs (B), (C), and (D), section 202(q) of such Act [42 U.S.C. 402(q)], as amended by subsection (b)(1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above]. ‘‘(B) Section 202(q)(3) of such Act, as amended by sub- section (b)(1), shall apply with respect to monthly ben- efits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above], but only if the increase described in such section 202(q)(3)— ‘‘(i) is not effective for any month beginning before the effective date of this title, or ‘‘(ii) is based on an application for a recomputation filed on or after the effective date of this title. ‘‘(C) In the case of any individual who attained age 65 before the effective date of this title, the adjustment in such individual’s reduction period provided for in sec- tion 202(q)(6) of such Act [42 U.S.C. 402(q)(6)], as amend- ed by subsection (b)(1), shall not apply to such indi- vidual unless the total of the months specified in sub- paragraphs (A), (B), and (C) of such section 202(q)(6) is not less than 3. ‘‘(D) In the case of any individual entitled to a monthly benefit for the last month beginning before the effective date of this title, if the amount of such benefit for any month thereafter is, solely by reason of the change in section 202(q) of such Act [42 U.S.C. 402(q)] made by subsection (b)(1), lower than the amount of such benefit for such last month, then it shall be increased to the amount of such benefit for such last month. ‘‘(3) Section 202(r) of such Act [42 U.S.C. 402(r)], as amended by subsection (b)(1), shall apply only with re- spect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above], except that subparagraph (B) of section 202(r)(2) (as so amended) shall apply only if the first subsequent month described in such subparagraph (B) is a month beginning on or after the effective date of this title. ‘‘(4) The amendments made by subsection (b)(2) [amending this section and sections 416 and 423 of this title] shall take effect on the effective date of this title [see Effective Date of 1961 Amendment note set out above]. ‘‘(5) The amendments made by subsection (b)(3) [amending this section] shall apply with respect to ap- plications for monthly benefits filed on or after the ef- fective date of this title [see Effective Date of 1961 Amendment note set out above]. ‘‘(6) The amendments made by subsections (c) and (d)(1) and (2) [amending sections 409, 413, 415, 416, and 423 of this title] shall apply with respect to— ‘‘(A) monthly benefits for months beginning on or after the Effective Date of this title [see Effective Date of 1961 Amendment note set out above] based on applications filed in or after March 1961, and ‘‘(B) lump-sum death payments under title II of the Social Security Act [42 U.S.C. 401 et seq.] in the case of deaths on or after the effective date of this title. ‘‘(7) The amendment made by subsection (d)(3) [amending section 415 of this title] shall take effect on the effective date of this title [see Effective Date of 1961 Amendment note set out above]. ‘‘(8) The amendments made by subsection (e) [amend- ing this section] shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above]. ‘‘(9) For purposes of this subsection, the term ‘month- ly benefits’ means monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.].’’ Pub. L. 87–64, title I, § 104(e), June 30, 1961, 75 Stat. 139, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to monthly benefits under section 202 of the Social Secu- rity Act [42 U.S.C. 402] for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above].’’ Page 1865 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 Pub. L. 87–64, title I, § 109, June 30, 1961, 75 Stat. 140, provided that: ‘‘Except as otherwise provided, the effec- tive date of this title [see Tables for classifications] is the first day of the first calendar month which begins on or after the 30th day after the date of the enactment of this Act [June 30, 1961].’’ EFFECTIVE DATE OF 1960 AMENDMENTS Pub. L. 86–778, title I, § 103(v), Sept. 13, 1960, 74 Stat. 941, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(1) The amendments made by subsection (a) [amend- ing this section and provisions set out as notes under this section] shall apply only with respect to reinter- ments after the date of the enactment of this Act [Sept. 13, 1960]. The amendments made by subsections (b), (e), and (f) [amending sections 403 and 410 of this title] shall apply only with respect to service per- formed after 1960; except that insofar as the carrying on of a trade or business (other than performance of service as an employee) is concerned, such amendments shall apply only in the case of taxable years beginning after 1960. The amendments made by subsections (d), (i), (o), and (p) [amending section 410 of this title and section 3121 of Title 26, Internal Revenue Code, and amending section 418 of this title and section 3121 of Title 26] shall apply only with respect to service per- formed after 1960. The amendments made by sub- sections (h) and (l) [amending section 411 of this title and section 1402 of Title 26] shall apply only in the case of taxable years beginning after 1960. The amendments made by subsections (c), (n), (q), and (r) [enacting sec- tion 3125 of Title 26 and amending section 410 of this title and sections 3121, 6205, and 6413 of Title 26] shall apply only with respect to (1) service in the employ of the Government of Guam or any political subdivision thereof, or any instrumentality of any one or more of the foregoing wholly owned thereby, which is per- formed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certifi- cation by the Governor of Guam that legislation has been enacted by the Government of Guam expressing its desire to have the insurance system established by title II of the Social Security Act [42 U.S.C. 401 et seq.] extended to the officers and employees of such Govern- ment and such political subdivisions and instrumental- ities, and (2) service in the employ of the Government of American Samoa or any political subdivision thereof or any instrumentality of any one or more of the fore- going wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Sec- retary of the Treasury receives a certification by the Governor of American Samoa that the Government of American Samoa desires to have the insurance system established by such title II extended to the officers and employees of such Government and such political sub- divisions and instrumentalities. The amendments made by subsections (g) and (k) [amending section 411 of this title and section 1402 of Title 26] shall apply only in the case of taxable years beginning after 1960, except that, insofar as they involve the nonapplication of section 932 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 932] to the Virgin Islands for pur- poses of chapter 2 of such Code and section 211 of the Social Security Act [42 U.S.C. 411], such amendments shall be effective in the case of all taxable years with respect to which such chapter 2 (and corresponding pro- visions of prior law) and such section 211 [42 U.S.C. 411] are applicable. The amendments made by subsections (j), (s), and (t) [amending this section and sections 405, 409, 410, 411, 415, 417, and 418 of this title and sections 7213 and 7701 of Title 26 and repealing section 419 of this title] shall take effect on the date of the enactment of this Act [Sept. 13, 1960]; and there are authorized to be appropriated such sums as may be necessary for the performance by any officer or employee of functions delegated to him by the Secretary of the Treasury in accordance with the amendment made by such sub- section (t) [amending section 7701 of Title 26]. ‘‘(2) The amendments made by subsections (c) and (n) [amending section 410 of this title and section 3121 of Title 26] shall have application only as expressly pro- vided therein, and determinations as to whether an of- ficer or employee of the Government of Guam or the Government of American Samoa or any political sub- division thereof, or of any instrumentality of any one or more of the foregoing which is wholly owned there- by, is an employee of the United States or any agency or instrumentality thereof within the meaning of any provision of law not affected by such amendments, shall be made without any inferences drawn from such amendments. ‘‘(3) The repeal (by subsection (j)(1)) of section 219 of the Social Security Act [42 U.S.C. 419], and the elimi- nation (by subsections (e), (f), (h), (j)(2), and (j)(3)) of other provisions of such Act [from sections 410 and 411 of this title] making reference to such section 219, shall not be construed as changing or otherwise affecting the effective date specified in such section for the exten- sion to the Commonwealth of Puerto Rico of the insur- ance system under title II of such Act [42 U.S.C. 401 et seq.], the manner or consequences of such extension, or the status of any individual with respect to whom the provisions so eliminated are applicable.’’ Pub. L. 86–778, title II, § 201(c), Sept. 13, 1960, 74 Stat. 946, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply as though this Act had been enacted on August 28, 1958, and with re- spect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months after Au- gust 1958 based on applications for such benefits filed on or after August 28, 1958.’’ Pub. L. 86–778, title II, § 202(b), Sept. 13, 1960, 74 Stat. 946, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months beginning with the month in which this Act is enacted [Sep- tember 1960], but only if an application for such bene- fits is filed in or after such month.’’ Pub. L. 86–778, title II, § 203(b), Sept. 13, 1960, 74 Stat. 947, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply— ‘‘(1) in the case of the death of an individual occur- ring on or after the date of the enactment of this Act [Sept. 13, 1960], and ‘‘(2) in the case of the death of an individual occur- ring prior to such date, but only if no application for a lump-sum death payment under section 202(i) of the Social Security Act [42 U.S.C. 402(i)] is filed on the basis of such individual’s wages and self-employment income prior to the third calendar month beginning after such date.’’ Pub. L. 86–778, title II, § 205(d), Sept. 13, 1960, 74 Stat. 949, provided that: ‘‘The preceding provisions of this section and the amendments made thereby [amending this section] shall apply only in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [September 1960], on the basis of ap- plications filed in or after such month.’’ Amendment by section 208(d) of Pub. L. 86–778 appli- cable (1) with respect to monthly benefits under this subchapter for months beginning with September 1960 on the basis of an application filed in or after such month, and (2) in the case of a lump-sum death pay- ment under this subchapter based on an application filed in or after September 1960, but only if no person, other than the person filing such application, has filed an application for a lump-sum death payment under this subchapter prior to Sept. 13, 1960 with respect to the death of the same individual, see section 208(f) of Pub. L. 86–778, set out as a note under section 416 of this title. Amendment by section 211(i)–(l) of Pub. L. 86–778 ef- fective in the manner provided in section 211(p) and (q) of Pub. L. 86–778, see section 211(p)–(s) of Pub. L. 86–778 set out as a note under section 403 of this title. Pub. L. 86–778, title III, § 301(b), Sept. 13, 1960, 74 Stat. 959, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply only with re- Page 1866 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 spect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months after the second month following the month in which this Act is enacted [September 1960].’’ Amendment by section 403(d) of Pub. L. 86–778 appli- cable only with respect to benefits under subsec. (d) of this section for months after September 1960, in the case of individuals who, without regard to such amend- ment, would have been entitled to such benefits for September 1960, or for any succeeding month, see sec- tion 403(e) of Pub. L. 86–778, set out as a note under sec- tion 422 of this title. Pub. L. 86–624, § 47(e), July 12, 1960, 74 Stat. 423, pro- vided that: ‘‘The amendment made by section 30(c)(1) [amending this section] shall be applicable in the case of deaths occurring on or after August 21, 1959.’’ EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86–70, § 47(e), June 25, 1959, 73 Stat. 154, pro- vided that: ‘‘The amendment made by paragraph (1) of subsection (c) of section 32 [amending this section] shall apply in the case of deaths occurring on or after January 3, 1959.’’ EFFECTIVE DATE OF 1958 AMENDMENTS Pub. L. 85–927, pt. III, § 302, Sept. 6, 1958, 72 Stat. 1783, provided that: ‘‘The amendments made by section 301 of this Act [amending this section] shall apply with re- spect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months after De- cember 1956, and with respect to lump-sum death pay- ments under such section 202 in the case of deaths oc- curring after December 1956.’’ Amendment by Pub. L. 85–857 effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as an Effective Date note preceding section 101 of Title 38, Veterans’ Benefits. Amendment by section 101(e) of Pub. L. 85–840 appli- cable in the case of monthly benefits under subchapter II of this chapter for months after December 1958, and in the case of lump-sum death payments under sub- chapter II of this chapter, with respect to deaths occur- ring after such month, see section 101(g) of Pub. L. 85–840, set out as a note under section 415 of this title. Amendment by section 205(b)–(i) of Pub. L. 85–840 ap- plicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title. Pub. L. 85–840, title III, § 301(f), Aug. 28, 1958, 72 Stat. 1028, provided that: ‘‘The amendments made by this section [amending this section and section 416 of this title] shall apply with respect to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months beginning after the date of enactment of this Act [Aug. 28, 1958], but only if an application for such benefits is filed on or after such date.’’ Pub. L. 85–840, title III, § 304(a)(2), Aug. 28, 1958, 72 Stat. 1029, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months be- ginning after the date of enactment of this Act [Aug. 28, 1958], but only if an application for such benefits is filed on or after such date.’’ Pub. L. 85–840, title III, § 305(c), Aug. 28, 1958, 72 Stat. 1030, provided that: ‘‘The amendments made by this section [amending this section and section 416 of this title] shall apply in the case of lump-sum death pay- ments under such section 202(i) [42 U.S.C. 402(i)] on the basis of the wages and self-employment income of any individual who dies after the month in which this Act is enacted [August 1958].’’ Pub. L. 85–840, title III, § 306(b), Aug. 28, 1958, 72 Stat. 1030, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months beginning after the date of enactment of this Act [Aug. 28, 1958], but only if an application for such benefits is filed on or after such date.’’ Pub. L. 85–840, title III, § 307(h)(1), Aug. 28, 1958, 72 Stat. 1033, provided that: ‘‘The amendments made by this section (other than by subsections (f) and (g) [amending this section]) shall apply with respect to monthly benefits under section 202 of the Social Secu- rity Act [42 U.S.C. 402] for months following the month in which this Act is enacted [August 1958]; except that in any case in which benefits were terminated with the close of the month in which this Act is enacted or any prior month and, if the amendments made by this sec- tion had been in effect for such month, such benefits would not have been terminated, the amendments made by this section shall apply with respect to monthly benefits under section 202 of the Social Security Act for months beginning after the date of enactment of this Act, but only if an application for such benefits is filed after such date.’’ EFFECTIVE DATE OF 1957 AMENDMENT Pub. L. 85–238, § 2, Aug. 30, 1957, 71 Stat. 518, provided that: ‘‘The amendments made by the first section of this Act [amending this section] shall apply with re- spect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months after De- cember 1956, and with respect to lump-sum death pay- ments under such section 202 in the case of deaths oc- curring after December 1956.’’ Pub. L. 85–238, § 3(i), Aug. 30, 1957, 71 Stat. 520, pro- vided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section and section 416 of this title] shall apply in the case of monthly benefits under section 202 of the Social Secu- rity Act [42 U.S.C. 402] for months after the month in which this Act is enacted [August 1957]. ‘‘(2) The amendment made by subsection (f) [amend- ing this section] shall not apply in the case of benefits under section 202(h) of the Social Security Act [42 U.S.C. 402(h)], based on the wages and self-employment income of a deceased individual who died in or prior to the month in which this Act is enacted [August 1957] for any parent who files the proof of support, required by such section 202(h), in or prior to the month in which this Act is enacted; and the amendment to sec- tion 216(h)(1) of such Act [42 U.S.C. 416(h)(1)] made by subsection (h) of this section shall not operate to de- prive any such parent of benefits to which he would otherwise be entitled under section 202(h) of such Act.’’ EFFECTIVE DATE OF 1956 AMENDMENTS Act Aug. 1, 1956, ch. 837, title III, § 403(b), 70 Stat. 871, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as though it had been enacted on March 31, 1956.’’ Act Aug. 1, 1956, ch. 836, title I, § 101(h), 70 Stat. 808, provided that: ‘‘(1) The amendments made by this section [amending this section and section 403 of this title], other than subsection (c) [amending this section], shall apply with respect to monthly benefits under section 202 of the So- cial Security Act [42 U.S.C. 402] for months after De- cember 1956, but only, except as provided in paragraph (2), on the basis of an application filed after September 1956. For purposes of title II of the Social Security Act, as amended by this Act [42 U.S.C. 401 et seq.], an appli- cation for wife’s, child’s, or mother’s insurance benefits under such title II filed, by reason of this paragraph, by an individual who was entitled to benefits prior to, but not for, December 1956 and whose entitlement termi- nated as a result of a child’s attainment of age eighteen shall be treated as the application referred to in sub- section (b), (d), and (g), respectively, of section 202 of such Act. ‘‘(2) In the case of an individual who was entitled, without the application of subsection (j)(1) of such sec- tion 202 [42 U.S.C. 402(j)(1)], to a child’s insurance ben- Page 1867 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 efit under subsection (d) of such section [42 U.S.C. 402(d)] for December 1956, such amendments shall apply with respect to benefits under such section 202 [42 U.S.C. 402] for months after December 1956. ‘‘(3) The amendment made by subsection (c) [amend- ing this section] shall apply in the case of benefits under section 202(h) of the Social Security Act [42 U.S.C. 402(h)] based on the wages and self-employment income of an individual who dies after August 1956.’’ Act Aug. 1, 1956, ch. 836, title I, § 114(b), 70 Stat. 832, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply in the case of lump- sum death payments under title II of the Social Secu- rity Act [42 U.S.C. 401 et seq.], and monthly benefits under such title for months after August 1956, based on applications filed after August 1956.’’ Act Aug. 1, 1956, ch. 836, title I, § 118(b), 70 Stat. 836, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1956 and in the case of lump-sum death payments under section 202(i) of such Act [42 U.S.C. 402(i)] with respect to deaths occurring after December 1956.’’ EFFECTIVE DATE OF 1954 AMENDMENT Act Sept. 1, 1954, ch. 1206, title I, § 105(b), Sept. 1, 1954, 68 Stat. 1079, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be applica- ble only in the case of applications for monthly bene- fits under section 202 of the Social Security Act [42 U.S.C. 402] filed after August 1954; except that no indi- vidual shall, by reason of such amendment, be entitled to any benefit for any month prior to February 1954.’’ EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 28, 1950, ch. 809, title I, § 101(b)(1), (3), 64 Stat. 488, provided that: ‘‘(1) Except as provided in paragraph (3), the amend- ment made by subsection (a) of this section [amending this section] shall take effect September 1, 1950. ‘‘(3) Section 202(j)(2) of the Social Security Act [42 U.S.C. 402(j)(2)], as amended by this Act, shall take ef- fect on the date of enactment of this Act [Aug. 28, 1950].’’ EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 10, 1946, ch. 951, title IV, § 403(b), 60 Stat. 987, provided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall be applica- ble only in cases of applications for benefits under that Act filed after December 31, 1946.’’ Act Aug. 10, 1946, ch. 951, title IV, § 404(b), 60 Stat. 987, provided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall be applica- ble only in cases where the death of the insured indi- vidual occurs after December 31, 1946.’’ Act Aug. 10, 1946, ch. 951, title IV, § 405(b), 60 Stat. 988, provided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall be applica- ble only in cases of applications for benefits under this title [42 U.S.C. 401 et seq.] filed after December 31, 1946.’’ EFFECTIVE DATE OF 1939 AMENDMENT Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective Jan. 1, 1940. CONSTRUCTION OF 1994 AMENDMENTS Pub. L. 103–387, § 7, Oct. 22, 1994, 108 Stat. 4078, pro- vided that: ‘‘Until March 31, 1995, any reference in this Act [see Short Title of 1994 Amendments note, set out under section 1 of Title 26, Internal Revenue Code] (other than section 3(d) [108 Stat. 4075]) or any amend- ment made by this Act to the Commissioner of Social Security shall be deemed a reference to the Secretary of Health and Human Services.’’ FINDINGS Pub. L. 113–270, § 2, Dec. 18, 2014, 128 Stat. 2948, pro- vided that: ‘‘Congress finds the following: ‘‘(1) Congress enacted social security legislation to provide earned benefits for workers and their fami- lies, should they retire, become disabled, or die. ‘‘(2) Congress never intended for participants in Nazi persecution to be allowed to enter the United States or to reap the benefits of United States resi- dency or citizenship, including participation in the Nation’s Social Security program.’’ PILOT STUDY OF EFFICACY OF PROVIDING INDIVIDUAL- IZED INFORMATION TO RECIPIENTS OF OLD-AGE AND SURVIVORS INSURANCE BENEFITS Pub. L. 104–121, title I, § 106, Mar. 29, 1996, 110 Stat. 855, directed the Commissioner of Social Security, dur- ing a 2-year period beginning in 1996, to conduct a pilot study of the efficacy of providing certain individualized information, in the form of annual statements designed to promote better understanding of contributions and benefits, to recipients of monthly insurance benefits under 42 U.S.C. 402 whose entitlement began in or after 1984, and to report to Congress regarding the results of the pilot study not later than 60 days after the comple- tion of the study. TREATMENT OF EMPLOYEES WHOSE FEDERAL EMPLOY- MENT TERMINATED AFTER MAKING ELECTION INTO SOCIAL SECURITY COVERAGE BUT BEFORE EFFECTIVE DATE OF ELECTION Pub. L. 100–647, title VIII, § 8014(b), Nov. 10, 1988, 102 Stat. 3790, provided that: ‘‘Subsections (b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), and (g)(4)(A)(i) of section 202 of the Social Security Act (42 U.S.C. 402(b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), (g)(4)(A)(i)) shall not apply with respect to monthly periodic benefits of any individual based solely on serv- ice which was performed while in the service of the Federal Government if— ‘‘(1) such person made, before January 1, 1988, an election pursuant to law to become subject to the Federal Employees’ Retirement System provided in chapter 84 of title 5, United States Code, or the For- eign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 [22 U.S.C. 4071 et seq.] (or such person made such an election on or after January 1, 1988, and before July 1, 1988, pursuant to regulations of the Office of Personnel Management relating to belated elections and correction of administrative errors (5 CFR 846.204) as in effect on the date of the enactment of this Act [Nov. 10, 1988]), and ‘‘(2) such service terminated before the date on which such election became effective.’’ MONTHLY PAYMENTS TO SURVIVING SPOUSE OF MEMBER OR FORMER MEMBER OF ARMED FORCES WHERE SUCH PERSON HAS IN CARE A CHILD OF SUCH MEMBER; AMOUNT, CRITERIA, ETC. Pub. L. 97–377, title I, § 156, Dec. 21, 1982, 96 Stat. 1920, as amended by Pub. L. 98–94, title IX, § 943, Sept. 24, 1983, 97 Stat. 654; Pub. L. 100–322, title III, § 314, May 20, 1988, 102 Stat. 535; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ‘‘(a)(1) The head of the agency shall pay each month an amount determined under paragraph (2) to a per- son— ‘‘(A) who is the surviving spouse of a member or former member of the Armed Forces described in sub- section (c); ‘‘(B) who has in such person’s care a child of such member or former member who has attained sixteen years of age but not eighteen years of age and is enti- tled to a child’s insurance benefit under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) for such month or who meets the requirements for entitle- ment to the equivalent of such benefit provided under section 1312(a) of title 38, United States Code; and Page 1868 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ‘‘(C) who is not entitled for such month to a moth- er’s insurance benefit under section 202(g) of the So- cial Security Act (42 U.S.C. 402(g)), or to the equiva- lent of such benefit based on meeting the require- ments of section 1312(a) of title 38, United States Code, by reason of having such child (or any other child of such member or former member) in her care. ‘‘(2) A payment under paragraph (1) for any month shall be in the amount of the mother’s insurance ben- efit, if any, that such person would receive for such month under section 202(g) of the Social Security Act [42 U.S.C. 402(g)] if such child were under sixteen years of age, disregarding any adjustments made under sec- tion 215(i) of the Social Security Act [42 U.S.C. 415(i)] after August 1981. However, if such person is entitled for such month to a mother’s insurance benefit under section 202(g) of such Act by reason of having the child of a person other than such member or former member of the Armed Forces in such person’s care, the amount of the payment under the preceding sentence for such month shall be reduced (but not below zero) by the amount of the benefit payable by reason of having such child in such person’s care. ‘‘(b)(1) The head of the agency shall pay each month an amount determined under paragraph (2) to a per- son— ‘‘(A) who is the child of a member or former mem- ber of the Armed Forces described in subsection (c); ‘‘(B) who has attained eighteen years of age but not twenty-two years of age and is not under a disability as defined in section 223(d) of the Social Security Act (42 U.S.C. 423(d)); ‘‘(C) who is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms were defined in section 202(d)(7)(A) and (C) of the Social Security Act [42 U.S.C. 402(d)(7)(A), (C)] as in effect before the amend- ments made by section 2210(a) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35; 95 Stat. 841)); and ‘‘(D) who is not entitled for such month to a child’s insurance benefit under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) or is entitled for such month to such benefit only by reason of section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842) [section 2210(c) of Pub. L. 97–35, set out below]. ‘‘(2) A payment under paragraph (1) for any month shall be in the amount that the person concerned would have been entitled to receive for such month as a child’s insurance benefit under section 202(d) of the So- cial Security Act [42 U.S.C. 402(d)] (as in effect before the amendments made by section 2210(a) of the Omni- bus Budget Reconciliation Act of 1981 (95 Stat. 841) [sec- tion 2210(a) of Pub. L. 97–35]), disregarding any adjust- ments made under section 215(i) of the Social Security Act [42 U.S.C. 415(i)] after August 1981, but reduced for any month by any amount payable to such person for such month under section 2210(c) of the Omnibus Budg- et Reconciliation Act of 1981 (95 Stat. 842). ‘‘(c) A member or former member of the Armed Forces referred to in subsection (a) or (b) as described in this subsection is a member or former member of the Armed Forces who died on active duty before August 13, 1981, or died from a service-connected disability in- curred or aggravated before such date. ‘‘(d)(1) The Secretary of Health and Human Services shall provide to the head of the agency such informa- tion as the head of the agency may require to carry out this section. ‘‘(2) The head of the agency shall carry out this sec- tion under regulations which the head of the agency shall prescribe. Such regulations shall be prescribed not later than ninety days after the date of the enact- ment of this section [Dec. 21, 1982]. ‘‘(e)(1) Unless otherwise provided by law— ‘‘(A) each time after December 31, 1981, that an in- crease is made by law in the dependency and indem- nity compensation paid under section 1311 of title 38, United States Code, the head of the agency shall, at the same time and effective as of the same date on which such increase takes effect, increase the bene- fits paid under subsection (a) by a percentage that is equal to the overall average (rounded to the nearest one-tenth of 1 per centum) of the percentages by which each of the dependency and indemnity com- pensation rates under section 1311 of such title are in- creased above the rates as in effect immediately be- fore such increase; and ‘‘(B) each time after December 31, 1981, that an in- crease is made by law in the rates of educational as- sistance allowances provided for under section 3531(b) of title 38, United States Code, the head of the agency shall, at the same time and effective as of the same date on which such increase takes effect, increase the benefits paid under subsection (b) by a percentage that is equal to the overall average (rounded to the nearest one-tenth of 1 per centum) of the percentages by which each of the educational assistance allow- ance rates provided for under section 3531(b) of such title are increased above the rates as in effect imme- diately before such increase. ‘‘(2) The amount of the benefit payable to any person under subsection (a) or (b) and the amount of any in- crease in any such benefit made pursuant to clause (1) or (2) of this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1. ‘‘(f) Payments under subsections (a) and (b) shall be made only for months after the month in which this section is enacted. ‘‘(g)(1) During each fiscal year the Secretary of De- fense shall transfer from time to time to the head of the agency such amounts as the head of the agency de- termines to be necessary to pay the benefits provided for under subsections (a) and (b) during such fiscal year and to pay the administrative expenses incurred in pay- ing such benefits during such fiscal year. During fiscal year 1983, transfers under this subsection shall be made from the ‘Retired Pay, Defense’ account of the Depart- ment of Defense. During subsequent fiscal years, such transfers shall be made from such account or from funds otherwise available to the Secretary for the pur- pose of the payment of such benefits and expenses. The Secretary of Defense may transfer funds under this sub- section in advance of the payment of benefits and ex- penses by the head of the agency. ‘‘(2) The head of the agency shall establish on the books of the agency over which he exercises jurisdic- tion a new account to be used for the payment of bene- fits under subsections (a) and (b) and shall credit to such account all funds transferred to him for such pur- pose by the Secretary of Defense. ‘‘(h) The head of the agency and the Secretary of Health and Human Services may enter into an agree- ment to provide for the payment by the Secretary or the head of the agency of benefits provided for under subsection (a) and benefits provided for under section 202(g) of the Social Security Act (42 U.S.C. 402(g)) in a single monthly payment and for the payment by the Secretary or the head of the agency of benefits pro- vided for under subsection (b) and benefits provided for under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) in a single monthly payment, if the head of the agency and the Secretary agree that such action would be practicable and cost effective to the Govern- ment. ‘‘(i) For the purposes of this section: ‘‘(1) The term ‘head of the agency’ means the head of such department or agency of the Government as the President shall designate to administer the provi- sions of this section. ‘‘(2) The terms ‘active military, naval, or air serv- ice’ and ‘service-connected’ have the meanings given those terms in paragraphs (24) and (16), respectively, of section 101 of title 38, United States Code, except that for the purposes of this section such terms do not apply to any service in the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration.’’ Page 1869 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 CHILD’S INSURANCE BENEFITS; CONTINUED ELIGIBILITY OF CERTAIN INDIVIDUALS; LIMITATIONS Pub. L. 97–35, title XXII, § 2210(c), Aug. 13, 1981, 95 Stat. 842, provided that: ‘‘(1) Notwithstanding the provisions of section 202(d) of the Social Security Act [42 U.S.C. 402(d)] (as in effect prior to or after the amendments made by subsection (a)), any individual who— ‘‘(A) has attained the age of 18; ‘‘(B) is not under a disability (as defined in section 223(d) of such Act) [42 U.S.C. 423(d)]; ‘‘(C) is entitled to a child’s insurance benefit under such section 202(d) [42 U.S.C. 402(d)] for August 1981; and ‘‘(D) is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms are defined in section 202(d)(7)(A) and (C) of such Act as in effect prior to the amendments made by subsection (a)) for any month prior to May 1982; shall be entitled to a child’s benefit under section 202(d) of such Act in accordance with the provisions of such section as in effect prior to the amendments made by subsection (a) for any month after July 1981 and prior to August 1985 if such individual would be entitled to such child’s benefit for such month under such section 202(d) if subsections (a) and (b) of this section [amend- ing subsec. (d) of this section and enacting a provision set out as a note under this section] had not been en- acted, but such benefits shall be subject to the limita- tions set forth in this subsection. ‘‘(2) No benefit described in paragraph (1) shall be paid to an individual to whom paragraph (1) applies for the months of May, June, July, and August, beginning with benefits otherwise payable for May 1982. ‘‘(3) The amount of the monthly benefit payable under paragraph (1) to an individual to whom para- graph (1) applies for any month after July 1982 (prior to deductions on account of work required by section 203 of such Act) [42 U.S.C. 403] shall not exceed the amount of the benefit to which such individual was entitled for August 1981 (prior to deductions on account of work re- quired by section 203 of such Act), less an amount— ‘‘(A) during the months after July 1982 and before August 1983, equal to 25 percent of such benefit for August 1981; ‘‘(B) during the months after July 1983 and before August 1984, equal to 50 percent of such benefit for August 1981; and ‘‘(C) during the months after July 1984 and before August 1985, equal to 75 percent of such benefit for August 1981. ‘‘(4) Any individual to whom the provisions of para- graph (1) apply and whose entitlement to benefits under paragraph (1) ends after July 1982 shall not subse- quently become entitled, or reentitled, to benefits under paragraph (1) or under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] as in effect after the amendments made by subsection (a) unless he meets the requirements of section 202(d)(1)(B)(ii) of that Act as so in effect.’’ NONAPPLICABILITY OF AMENDMENTS BY SECTION 334 OF PUB. L. 95–216 TO MONTHLY INSURANCE BENEFITS PAYABLE TO INDIVIDUALS ELIGIBLE FOR MONTHLY PERIODIC BENEFITS; SAVINGS PROVISION Pub. L. 95–216, title III, § 334(g), Dec. 20, 1977, 91 Stat. 1546, as amended by Pub. L. 98–617, § 2(b)(1), Nov. 8, 1984, 98 Stat. 3294, provided that: ‘‘(1) The amendments made by the preceding provi- sions of this section [see section 334(f) of Pub. L. 95–216, set out as an Effective Date of 1977 Amendment note above] shall not apply with respect to any monthly in- surance benefit payable, under subsection (b), (c), (e), (f), or (g) (as the case may be) of section 202 of the So- cial Security Act [42 U.S.C. 402], to an individual— ‘‘(A)(i) to whom there is payable for any month within the 60-month period beginning with the month in which this Act [December 1977] is enacted (or who is eligible in any such month for) a monthly periodic benefit (within the meaning of such provisions) based upon such individual’s earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2) of the Social Security Act) [42 U.S.C. 418(b)(2)], or (ii) who would have been eligible for such a monthly peri- odic benefit (within the meaning of paragraph (2)) be- fore the close of such 60-month period, except for a requirement which postponed eligibility (as so de- fined) for such monthly periodic benefit until the month following the month in which all other re- quirements were met; and ‘‘(B) who at time of application for or initial enti- tlement to such monthly insurance benefit under such subsection (b), (c), (e), (f), or (g) meets the re- quirements of that subsection as it was in effect and being administered in January 1977. ‘‘(2) For purposes of paragraph (1)(A), an individual is eligible for a monthly periodic benefit for any month if such benefit would be payable to such individual for that month if such individual were not employed dur- ing that month and had made proper application for such benefit. ‘‘(3) If any provision of this subsection, or the appli- cation thereof to any person or circumstance, is held invalid, the remainder of this section shall not be af- fected thereby, but the application of this subsection to any other persons or circumstances shall also be con- sidered invalid.’’ [Pub. L. 98–617, § 2(b)(3), Nov. 8, 1984, 98 Stat. 3295, pro- vided that: ‘‘The amendments made by this subsection [amending above note and provisions set out as an Off- set Against Spouses’ Benefits on Account of Public Pensions note below] shall apply with respect to bene- fits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning after the month of enactment of this Act [November 1984].’’] OFFSET AGAINST SPOUSES’ BENEFITS ON ACCOUNT OF PUBLIC PENSIONS Pub. L. 95–216, title III, § 334(h), as added by Pub. L. 97–455, § 7(a)(1), Jan. 12, 1983, 96 Stat. 2501, and amended by Pub. L. 98–617, § 2(b)(2), Nov. 8, 1984, 98 Stat. 3294, pro- vided that: ‘‘In addition, the amendments made by the preceding provisions of this section [see section 334(f) of Pub. L. 95–216, set out as an Effective Date of 1977 Amendment note above] shall not apply with respect to any monthly insurance benefit payable, under sub- section (b), (c), (e), (f), or (g) (as the case may be) of section 202 of the Social Security Act [42 U.S.C. 402], to an individual— ‘‘(1)(A) to whom there is payable for any month prior to July 1983 (or who is eligible in any such month for) a monthly periodic benefit (within the meaning of such provisions) based upon such individ- ual’s earnings while in the service of the Federal Gov- ernment or any State (or political subdivision there- of, as defined in section 218(b)(2) of the Social Secu- rity Act [42 U.S.C. 418(b)(2)]), or (B) who would have been eligible for such a monthly periodic benefit (within the meaning of subsection (g)(2) [set out as a note above]) before the close of June 1983, except for a requirement which postponed eligibility (as so de- fined) for such monthly periodic benefit until the month following the month in which all other re- quirements were met; and ‘‘(2) who at the time of application for or initial en- titlement to such monthly insurance benefit under such subsection (b), (c), (e), (f), or (g)— ‘‘(A) meets the dependency test of one-half sup- port set forth in paragraph (1)(C) of such subsection (c) as it read prior to the enactment of the amend- ments made by this section [see section 334(f) of Pub. L. 95–216, set out as an Effective Date of 1977 Amendment note above], or an equivalent depend- ency test (if the individual is a woman), in the case of an individual applying for or becoming entitled to benefits under such subsection (b) or (c), or ‘‘(B) meets the dependency test of one-half sup- port set forth in paragraph (1)(D) of such subsection Page 1870 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 (f) as it read prior to the enactment of the amend- ments made by this section, or an equivalent de- pendency test (if the individual is a woman), in the case of an individual applying for or becoming enti- tled to benefits under such subsection (e), (f), or (g).’’ REDETERMINATION OF WIDOW’S AND WIDOWER’S MONTH- LY INSURANCE BENEFITS FOR MONTHS AFTER DECEM- BER 1978 Pub. L. 95–216, title III, § 336(c)(2), Dec. 20, 1977, 91 Stat. 1548, provided that: ‘‘In the case of an individual who was entitled for the month of December 1978 to monthly insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act [42 U.S.C. 402(e), (f)] to which the provisions of subsection (e)(4) or (f)(5) applied, the Secretary shall, if such benefits would be increased by the amendments made by this section [amending this section] redetermine the amount of such benefits for months after December 1978 as if such amendments had been in effect for the first month for which the provisions of section 202(e)(4) or 202(f)(5) became applicable.’’ MINIMUM MONTHLY INSURANCE BENEFITS FOR MONTHS AFTER DECEMBER 1978, FOR WIDOW OR WIDOWER AND OTHER JOINTLY ENTITLED INDIVIDUALS Pub. L. 95–216, title III, § 336(d), Dec. 20, 1977, 91 Stat. 1548, provided that: ‘‘Where— ‘‘(1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for December 1978 on the basis of the wages and self-employment income of a deceased in- dividual, and one or more of such persons is so enti- tled under subsection (e) or (f) of such section 202 [42 U.S.C. 402(e), (f)], and ‘‘(2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1979, and ‘‘(3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1979 is reduced by reason of section 203(a) of such Act as amended by this Act [42 U.S.C. 403(a)] (or would, but for the first sentence of section 203(a)(4), be so re- duced), then the amount of the benefit to which each such per- son referred to in paragraph (1) is entitled for months after December 1978 shall in no case be less after the application of this section [see section 336(c)(1) of Pub. L. 95–216, set out as an Effective Date of 1977 Amend- ment note under this section] and such section 203(a) [42 U.S.C. 403(a)] than the amount it would have been without the application of this section.’’ TERMINATION OF SPECIAL $50 PAYMENTS UNDER TAX REDUCTION ACT OF 1975 Pub. L. 95–30, title IV, § 406, May 23, 1977, 91 Stat. 156, provided that: ‘‘Notwithstanding the provisions of sec- tion 702(a) of the Tax Reduction Act of 1975 [see Pub. L. 94–12, § 702, set out as a note under this section], no pay- ment shall, after the date of the enactment of this Act [May 23, 1977], be made under that section.’’ SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975 Pub. L. 94–12, title VII, § 702, Mar. 29, 1975, 89 Stat. 66, provided that the Secretary of the Treasury, at the ear- liest practicable date after Mar. 29, 1975, make a $50 payment to each individual, who for the month of March, 1975, was entitled, without regard to section 402(j)(1) or 423(b) of this title or section 231d(a)(ii) of Title 45, Railroads, to a monthly insurance benefit pay- able under this subchapter, a monthly annuity or pen- sion payment under the Railroad Retirement Act of 1935, the Railroad Retirement Act of 1937, or the Rail- road Retirement Act of 1974, or a benefit under the sup- plemental security income benefits program under sub- chapter XVI of this title, except that payment be made only to individuals who were paid a benefit for March 1975 in a check issued no later than Aug. 31, 1975, that no payment be made to any individual who is not a resident of the United States as defined in section 410(i) of this title, and if an individual is entitled under two or more programs, this individual receive only one $50 payment, and that this payment received not be consid- ered as income, or for the calendar year 1975, as a re- source, for purposes of any Federal or State program which undertakes to furnish aid or assistance to indi- viduals or families, where eligibility for the program is based upon need of the individual or family involved or as income for federal income tax purposes. MARCH THROUGH MAY 1974 MONTHLY INSURANCE BEN- EFIT FOR ONLY INDIVIDUAL ENTITLED TO BENEFIT ON BASIS OF WAGES AND SELF-EMPLOYMENT INCOME OF DECEASED INDIVIDUAL Section 1(i) of Pub. L. 93–233 provided that: ‘‘In the case of an individual to whom monthly benefits are payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for February 1974 (without the appli- cation of section 202(j)(1) or 223(b) of such Act [42 U.S.C. 402(j)(1), 423(b)]), and to whom section 202(m) of such Act [42 U.S.C. 402(m)] is applicable for such month, such section shall continue to be applicable to such benefits for the months of March through May 1974 for which such individual remains the only individual enti- tled to a monthly benefit on the basis of the wages and self-employment income of the deceased insured indi- vidual.’’ COST-OF-LIVING INCREASE IN SOCIAL SECURITY BENE- FITS; EFFECTIVE DATE; CONSUMER PRICE INDEX PER- CENTAGE Pub. L. 93–66, title II, § 201, July 9, 1973, 87 Stat. 152, as amended by Pub. L. 93–233, § 1(a)–(e), Dec. 30, 1973, 87 Stat. 947, provided that: ‘‘(a)(1) The Secretary of Health, Education, and Wel- fare [now Health and Human Services] (hereinafter in this section referred to as the ‘Secretary’) shall, in ac- cordance with the provisions of this section, increase the monthly benefits and lump-sum death payments payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] by 7 per centum. ‘‘(2) The provisions of this section (and the increase in benefits made hereunder) shall be effective, in the case of monthly benefits under title II of the Social Se- curity Act [42 U.S.C. 401 et seq.] only for months after February 1974 and prior to June 1974, and, in the case of lump-sum death payments under such title, only with respect to deaths which occur after February 1974 and prior to June 1974. ‘‘(b) The increase in social security benefits author- ized under this section shall be provided, and any deter- minations by the Secretary in connection with the pro- vision of such increase in benefits shall be made, in the manner prescribed in section 215(i) of the Social Secu- rity Act [42 U.S.C. 415(i)] for the implementation of cost-of-living increases authorized under title II of such Act [42 U.S.C. 401 et seq.] except that— ‘‘(1) the amount of such increase shall be 7 per cen- tum, ‘‘(2) in the case of any individual entitled to month- ly insurance benefits payable pursuant to section 202(e) of such Act [42 U.S.C. 402(e)] for February 1974 (without the application of section 202(j)(1) or 223(b) of such Act [42 U.S.C. 402(j)(1), 423(b)]), including such benefits based on a primary insurance amount deter- mined under section 215(a)(3) of such Act [42 U.S.C. 415(a)(3)] as amended by this section, such increase shall be determined without regard to paragraph (2)(B) of such section 202(e), and ‘‘(3) in the case of any individual entitled to month- ly insurance benefits payable pursuant to section 202(f) of such Act for February 1974 (without the ap- plication of section 202(j)(1) or 223(b) of such Act), in- Page 1871 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 cluding such benefits based on a primary insurance amount determined under section 215(a)(3) of such Act as amended by this section, such increase shall be determined without regard to paragraph (3)(B) of such section 202(f). ‘‘(c) The increase in social security benefits provided by this section shall— ‘‘(1) not be considered to be an increase in benefits made under or pursuant to section 215(i) of the Social Security Act [42 U.S.C. 415(i)], and ‘‘(2) not (except for purposes of section 203(a)(2) of such Act [42 U.S.C. 403(a)(2)], as in effect after Feb- ruary 1974) be considered to be a ‘general benefit in- crease under this title’ [42 U.S.C. 401 et seq.] (as such term is defined in section 215(i)(3) of such Act) [42 U.S.C. 415(i)(3)]; and nothing in this section shall be construed as au- thorizing any increase in the ‘contribution and benefit base’ (as that term is employed in section 230 of such Act) [42 U.S.C. 430], or any increase in the ‘exempt amount’ (as such term is used in section 203(f)(8) of such Act [42 U.S.C. 403(f)(8)]). ‘‘(d) Nothing in this section shall be construed to au- thorize (directly or indirectly) any increase in monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for any month after May 1974, or any increase in lump-sum death payments payable under such title in the case of deaths occurring after May 1974. The recognition of the existence of the increase in benefits authorized by the preceding subsections of this section (during the period it was in effect) in the appli- cation, after May 1974, of the provisions of sections 202(q) and 203(a) of such Act [42 U.S.C. 402(q), 403(a)] shall not, for purposes of the preceding sentence, be considered to be an increase in a monthly benefit for a month after May 1974.’’ REDETERMINATION OF WIDOW’S AND WIDOWER’S BENE- FITS FOR DECEMBER 1972 AND AFTER TO PROVIDE FOR 1972 INCREASES Pub. L. 92–603, title I, § 102(g), Oct. 30, 1972, 86 Stat. 1338, provided that: ‘‘(1) In the case of an individual who is entitled to widow’s or widower’s insurance benefits for the month of December 1972 the Secretary shall, if it would in- crease such benefits, redetermine the amount of such benefits for months after December 1972 under title II of the Social Security Act [42 U.S.C. 401 et seq.] as if the amendments made by this section [amending this section and section 403 of this title] had been in effect for the first month of such individual’s entitlement to such benefits. ‘‘(2) For purposes of paragraph (1)— ‘‘(A) any deceased individual on whose wages and self-employment income the benefits of an individual referred to in paragraph (1) are based, shall be deemed not to have been entitled to benefits if the record, of insured individuals who were entitled to benefits, that is readily available to the Secretary contains no entry for such deceased individual; and ‘‘(B) any deductions under subsections (b) and (c) of section 203 of such Act [42 U.S.C. 403(b), (c)], applica- ble to the benefits of an individual referred to in paragraph (1) for any month prior to September 1965, shall be disregarded in applying the provisions of sec- tion 202(q)(7) of such Act [42 U.S.C. 402(q)(7)] (as amended by this Act) [Pub. L. 92–603].’’ ADJUSTMENT OF BENEFITS BASED ON DISABILITY WHICH BEGAN BETWEEN AGE 18 AND 22 Pub. L. 92–603, title I, § 108(g), Oct. 30, 1972, 86 Stat. 1344, provided that: ‘‘Where— ‘‘(1) one or more persons are entitled (without the application of sections 202(j)(1) and 223(b) of the So- cial Security Act) [42 U.S.C. 402(j)(1), 423(b)] to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self- employment income of an insured individual, and ‘‘(2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such sec- tion 202 or 223 [42 U.S.C. 402, 423] for January 1973 solely by reason of the amendments made by this sec- tion on the basis of such wages and self-employment income, and ‘‘(3) the total of benefits to which all persons are entitled under such sections 202 and 223 on the basis of such wages and self-employment income for Janu- ary 1973 is reduced by reason of section 203(a) of such Act [42 U.S.C. 403(a)] as amended by this Act, or would, but for the penultimate sentence of such sec- tion 203(a), be so reduced), then the amount of the benefit to which each person re- ferred to in paragraph (1) of this subsection is entitled for months after December 1972 shall be adjusted, after the application of such section 203(a) [42 U.S.C. 403(a)], to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit re- ferred to in such paragraph (2).’’ TERMINATION OF CHILD’S INSURANCE BENEFITS BY REASON OF ADOPTION Pub. L. 92–603, title I, § 112(c), Oct. 30, 1972, 86 Stat. 1347, provided that: ‘‘Any child— ‘‘(1) whose entitlement to child’s insurance benefits under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] was terminated by reason of his adop- tion, prior to the date of the enactment of this Act [Oct. 30, 1972], and ‘‘(2) who, except for such adoption, would be enti- tled to child’s insurance benefits under such section for a month after the month in which this Act is en- acted [October 1972], may, upon filing application for child’s insurance bene- fits under the Social Security Act after the date of en- actment of this Act, become reentitled to such bene- fits; except that no child shall, by reason of the enact- ment of this section, become reentitled to such benefits for any month prior to the month after the month in which this Act is enacted.’’ SAVINGS PROVISION 1972—Pub. L. 92–603, title I, § 102(h), Oct. 30, 1972, 86 Stat. 1339, provided that: ‘‘Where— ‘‘(1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for December 1972 on the basis of the wages and self-employment income of a deceased in- dividual, and one or more of such persons is so enti- tled under subsection (e) or (f) of such section 202, and ‘‘(2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1973, and ‘‘(3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act [42 U.S.C. 403(a)], as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such per- son referred to in paragraph (1) is entitled for months after December 1972 shall in no case be less after the application of this section and such section 203(a) than the amount it would have been without the application of this section.’’ Pub. L. 92–603, title I, § 114(e), Oct. 30, 1972, 86 Stat. 1348, provided that: ‘‘Where— ‘‘(1) one or more persons are entitled (without the application of sections 202(j)(1) and 223(b) of the So- cial Security Act) [42 U.S.C. 402(j)(1), 423(b)] to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self- employment income of an insured individual, and ‘‘(2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such sec- tion 202(g) as a surviving divorced mother (as defined Page 1872 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 in section 216(d)(3) [42 U.S.C. 416(d)(3)]) for a month after December 1972 on the basis of such wages and self-employment income, and ‘‘(3) the total of benefits to which all persons are entitled under such section[s] 202 and 223 [42 U.S.C. 402, 423] on the basis of such wages and self-employ- ment income for any month after December 1972 is re- duced by reason of section 203(a) of such Act [42 U.S.C. 403(a)] as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced) then the amount of the benefit to which each person re- ferred to in paragraph (1) of this subsection is entitled beginning with the first month after December 1972 for which any person referred to in paragraph (2) becomes entitled shall be adjusted, after the application of such section 203(a), to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2).’’ 1961—Pub. L. 87–64, title I, § 104(f), June 30, 1961, 75 Stat. 139, provided that: ‘‘Where— ‘‘(1) two or more persons were entitled (without the application of subsection (j)(1) of section 202 of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under such section 202 for the last month be- ginning before the effective date of this title [see Ef- fective Date of 1961 Amendment note set out above] on the basis of the wages and self-employment in- come of a deceased individual, and one or more of such persons is entitled to a monthly insurance ben- efit under subsection (e), (f), or (h) of such section 202 for such last month; and ‘‘(2) no person, other than the persons referred to in paragraph (1) of this subsection, is entitled to bene- fits under such section 202 on the basis of such indi- vidual’s wages and self-employment income for a sub- sequent month or for any month after such last month and before such subsequent month; and ‘‘(3) the total of the benefits to which all persons are entitled under such section 202 on the basis of such individual’s wages and self-employment income for such subsequent month is reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)], then the amount of the benefit to which each such per- son referred to in paragraph (1) of this subsection is en- titled for such subsequent month shall be determined without regard to this Act if, after the application of this Act, such benefit for such month is less than the amount of such benefit for such last month. The pre- ceding provisions of this subsection shall not apply to any monthly benefit of any person for any month be- ginning after the effective date of this title [see Effec- tive Date note of 1961 Amendment note set out above] unless paragraph (3) also applies to such benefit for the month beginning on such effective date (or would so apply but for the next to the last sentence of section 203(a) of the Social Security Act).’’ 1960—Pub. L. 86–778, title II, § 208(e), Sept. 13, 1960, 74 Stat. 952, provided that: ‘‘Where— ‘‘(1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under section 202 of such Act for the month before the month in which this Act is enacted [September 1960] on the basis of the wages and self-employment in- come of an individual; and ‘‘(2) any person is entitled to benefits under sub- section (b), (c), (d), (e), (f), or (g) of section 202 of the Social Security Act for any subsequent month on the basis of such individual’s wages and self-employment income and such person would not be entitled to such benefits but for the enactment of this section; and ‘‘(3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such individual’s wages and self- employment income for such subsequent month is re- duced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)], then the amount of the benefit to which each person re- ferred to in paragraph (1) of this subsection is entitled for such subsequent month shall not, after the applica- tion of such section 203(a), be less than the amount it would have been (determined without regard to section 301 [42 U.S.C. 501]) if no person referred to in paragraph (2) of this subsection was entitled to a benefit referred to in such paragraph for such subsequent month on the basis of such wages and self-employment income of such individual.’’ Pub. L. 86–778, title III, § 301(c), Sept. 13, 1960, 74 Stat. 959, provided that: ‘‘Where— ‘‘(1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under section 202 of such Act for the second month fol- lowing the month in which this Act is enacted [Sep- tember 1960] on the basis of the wages and self-em- ployment income of a deceased individual (but not in- cluding any person who became so entitled by reason of section 208 of this Act [42 U.S.C. 408]); and ‘‘(2) no person, other than (i) those persons referred to in paragraph (1) of this subsection (ii) those per- sons who are entitled to benefits under section 202(d), (e), (f), or (g) of the Social Security Act but would not be so entitled except for the enactment of section 208 of this Act [42 U.S.C. 408], is entitled to benefits under such section 202 [this section] on the basis of such individual’s wages and self-employment income for any subsequent month or for any month after the second month following the month in which this Act is enacted [September 1960] and prior to such subse- quent month; and ‘‘(3) the total of the benefits to which all persons referred to in paragraph (1) of this subsection are en- titled under section 202 of the Social Security Act on the basis of such individual’s wages and self-employ- ment income for such subsequent month exceeds the maximum of benefits payable, as provided in section 203(a) of such Act [42 U.S.C. 403(a)], on the basis of such wages and self-employment income, then the amount of the benefit to which each such per- son referred to in paragraph (1) of this subsection is en- titled for such subsequent month shall be determined— ‘‘(4) in case such person is entitled to benefits under section 202(e), (f), (g), or (h), as though this section and section 208 [42 U.S.C. 408] had not been enacted, or ‘‘(5) in case such person is entitled to benefits under section 202(d), as though (i) no person is entitled to benefits under section 202(e), (f), (g), or (h) for such subsequent month, and (ii) the maximum of benefits payable, as described in paragraph (3), is such max- imum less the amount of each person’s benefit for such month determined pursuant to paragraph (4).’’ 1958—Pub. L. 85–840, title III, § 304(b), Aug. 28, 1958, 72 Stat. 1029, provided that: ‘‘Where— ‘‘(1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under section 202 of such Act for the month in which this Act is enacted [August 1958] on the basis of the wages and self-employment income of an individual; and ‘‘(2) a person is entitled to a parent’s insurance ben- efit under section 202(h) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income and such person would not be entitled to such benefit but for the enactment of this section; and ‘‘(3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)]. then the amount of the benefit to which each such per- son referred to in paragraph (1) of this subsection is en- titled for such subsequent month shall be increased, after the application of such section 203(a), to the amount it would have been if no person referred to in Page 1873 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 paragraph (2) of this subsection was entitled to a par- ent’s insurance benefit for such subsequent month on the basis of such wages and self-employment income.’’ 1957—Pub. L. 85–238, § 5, Aug. 30, 1957, 71 Stat. 520, pro- vided that: ‘‘Where— ‘‘(a) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to parent’s insurance benefits under section 202(h) of such Act for the month in which this Act [August 1957] is enacted on the basis of the wages and self-employment income of an indi- vidual; ‘‘(b) a person becomes entitled to a widow’s, wid- ower’s or mother’s insurance benefit under section 202(e), (f), or (g) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income; ‘‘(c) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act, on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)]; then the amount of the benefit to which each such per- son referred to in paragraph (a) or (b) is entitled for such subsequent month shall be increased, after the ap- plication of such section 203(a), to the amount it would have been— ‘‘(d) if, in the case of a parent’s insurance benefit, the person referred to in paragraph (b) was not enti- tled to the benefit referred to in such paragraph, or ‘‘(e) if, in the case of a benefit referred to in para- graph (b), no person was entitled to a parent’s insur- ance benefit for such subsequent month on the basis of such wages and self-employment income.’’ FILING OF PROOF OF SUPPORT 1968—Pub. L. 90–248, title I, § 157(c), Jan. 2, 1968, 81 Stat. 867, provided that: ‘‘In the case of any husband who would not be entitled to husband’s insurance bene- fits under section 202(c) of the Social Security Act [42 U.S.C. 402(c)] or any widower who would not be entitled to widower’s insurance benefits under section 202(f) of such Act except for the enactment of this section, the requirement in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month following the month in which this Act is enacted [January 1968].’’ 1961—Pub. L. 87–64, title I, § 103(c), June 30, 1961, 75 Stat. 138, provided that: ‘‘In the case of any widower or parent who would not be entitled to widower’s insur- ance benefits under section 202(f) [42 U.S.C. 402(f)], or parent’s insurance benefits under section 202(h), of the Social Security Act except for the enactment of this Act (other than this subsection), the requirement in sections 202(f)(1)(D) and 202(h)(1)(B), respectively, of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed before the close of the 2–year period which begins on the effective date of this title [see Effective Date of 1961 Amendment note set out above].’’ 1958—Pub. L. 85–840, title II, § 207(b), Aug. 28, 1958, 72 Stat. 1026, provided that: ‘‘In the case of any husband, widower, or parent who would not be entitled to bene- fits under section 202(c), section 202(f), and section 202(h), respectively, of the Social Security Act [42 U.S.C. 402(c), (f), (h)] except for the enactment of sec- tion 205 of this Act [amending this section and sections 401, 403, 414, 415, 422, and 425 of this title], the require- ment in such section 202(c), section 202(f), or section 202(h), as the case may be, that proof of support be filed within a two-year period shall not apply if such proof is filed within two years after the month in which this Act is enacted [August 1958].’’ Pub. L. 85–840, title III, § 304(c), Aug. 28, 1958, 72 Stat. 1030, provided that: ‘‘In the case of any parent who would not be entitled to parent’s benefits under section 202(h) of the Social Security Act [42 U.S.C. 402(h)] ex- cept for the enactment of this section, the requirement in such section 202(h) that proof of support be filed within two years of the date of death of the insured in- dividual referred to therein shall not apply if such proof is filed within the two-year period beginning with the first day of the month after the month in which this Act is enacted [August 1958].’’ 1954—Act Sept. 1, 1954, ch. 1206, title I, § 113, 68 Stat. 1086, provided that: ‘‘(a) For the purpose of determining the entitlement of any individual to husband’s insurance benefits under subsection (c) of section 202 of the Social Security Act [42 U.S.C. 402(c)] on the basis of his wife’s wages and self-employment income, the requirements of para- graph (1)(D) of such subsection shall be deemed to be met if— ‘‘(1) such individual was receiving at least one-half of his support, as determined in accordance with reg- ulations prescribed by the Secretary of Health, Edu- cation, and Welfare [now Health and Human Serv- ices], from his wife on the first day of the first month (A) for which she was entitled to a monthly benefit under subsection (a) of such section 202, and (B) in which an event described in paragraph (1) or (2) of section 203(b) of such Act [42 U.S.C. 403(b)] (as in ef- fect before or after the enactment of this Act [Sept. 1, 1954]) did not occur. ‘‘(2) such individual has filed proof of such support within two years after such first month, and ‘‘(3) such wife was, without the application of sub- section (j)(1) of such section 202, entitled to a primary insurance benefit under such Act for August 1950. ‘‘(b) For the purpose of determining the entitlement of any individual to widower’s insurance benefits under subsection (f) of section 202 of the Social Security Act on the basis of his deceased wife’s wages and self-em- ployment income, the requirements of paragraph (1)(E)(ii) of such subsection shall be deemed to be met if— ‘‘(1) such individual was receiving at least one-half of his support, as determined in accordance with reg- ulations prescribed by the Secretary of Health, Edu- cation, and Welfare [now Health and Human Serv- ices], from his wife, and she was a currently insured individual, on the first day of the first month (A) for which she was entitled to a monthly benefit under subsection (a) of such section 202, and (B) in which an event described in paragraph (1) or (2) of section 203(b) of such Act (as in effect before or after the en- actment of this Act [Sept. 1, 1954]) did not occur. ‘‘(2) such individual has filed proof of such support within two years after such first month, and ‘‘(3) such wife was, without the application of sub- section (j)(1) of such section 202, entitled to a primary insurance benefit under such Act for August 1950. ‘‘(c) For purposes of subsection (b)(1) of this section, and for purposes of section 202(c)(1) of the Social Secu- rity Act in cases to which subsection (a) of this section is applicable, the wife of an individual shall be deemed a currently insured individual if she had not less than six quarters of coverage (as determined under section 213 of the Social Security Act) [42 U.S.C. 413] during the thirteen-quarter period ending with the calendar quar- ter in which occurs the first month (1) for which such wife was entitled to a monthly benefit under section 202(a) of such Act, and (2) in which an event described in paragraph (1) or (2) of section 203(b) of such Act (as in effect before or after the enactment of this Act [Sept. 1, 1954]) did not occur. ‘‘(d) This section shall apply only with respect to hus- band’s insurance benefits under section 202(c) of the So- cial Security Act [42 U.S.C. 402(c)], and widower’s insur- ance benefits under section 202(f) of such Act [42 U.S.C. 402(f)], for months after August 1954, and only with re- spect to benefits based on applications filed after such month.’’ 1950—Act Aug. 28, 1950, ch. 809, title I, § 101(c), 64 Stat. 488, provided that: ‘‘(1) Any individual entitled to primary insurance benefits or widow’s current insurance benefits under Page 1874 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 section 202 of the Social Security Act [42 U.S.C. 402] as in effect prior to its amendment by this Act who would, but for the enactment of this Act, be entitled to such benefits for September 1950 shall be deemed to be enti- tled to old-age insurance benefits or mother’s insurance benefits (as the case may be) under section 202 of the Social Security Act, as amended by this Act, as though such individual became entitled to such benefits in such month. ‘‘(2) Any individual entitled to any other monthly in- surance benefits under section 202 of the Social Secu- rity Act as in effect prior to its amendment by this Act who would, but for the enactment of this Act, be enti- tled to such benefits for September 1950 shall be deemed to be entitled to such benefits under section 202 of the Social Security Act, as amended by this Act, as though such individual became entitled to such bene- fits in such month. ‘‘(3) Any individual who files application after August 1950 for monthly benefits under any subsection of sec- tion 202 of the Social Security Act who would, but for the enactment of this Act, be entitled to benefits under such subsection (as in effect prior to such enactment) for any month prior to September 1950 shall be deemed entitled to such benefits for such month prior to Sep- tember 1950 to the same extent and in the same amounts as though this Act had not been enacted.’’ EXTENSION OF FILING PERIOD FOR HUSBAND’S, WIDOWER’S, OR PARENT’S BENEFITS IN CERTAIN CASES Pub. L. 86–778, title II, § 210, Sept. 13, 1960, 74 Stat. 953, provided that: ‘‘(a) In the case of any husband who would not be en- titled to husband’s insurance benefits under section 202(c) of the Social Security Act [42 U.S.C. 402(c)] ex- cept for the enactment of this Act, the requirement in section 202(c)(1)(C) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted [September 1960]. ‘‘(b) In the case of any widower who would not be en- titled to widower’s insurance benefits under section 202(f) of the Social Security Act except for the enact- ment of this Act, the requirement in section 202(f)(1)(D) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. ‘‘(c) In the case of any parent who would not be enti- tled to parent’s insurance benefits under section 202(h) of the Social Security Act except for the enactment of this Act, the requirement in section 202(h)(1)(B) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted.’’ DISREGARDING OASDI BENEFIT INCREASES AND CHILD’S INSURANCE BENEFIT PAYMENTS BEYOND AGE 18 TO THE EXTENT ATTRIBUTABLE TO RETROACTIVE EFFEC- TIVE DATE OF 1965 AMENDMENTS Authorization to disregard, in determining need for aid or assistance under an approved State plan, amounts paid under this subchapter for months occur- ring after December 1964 and before October 1965 to the extent to which payment is attributable to the pay- ment of child’s insurance benefits under the old-age, survivors, and disability insurance system after attain- ment of age 18, in the case of individuals attending school, resulting from enactment of section 306 of Pub. L. 89–97, see section 406 of Pub. L. 89–97, set out as a note under section 415 of this title. LUMP-SUM PAYMENTS WHERE DEATH OCCURRED PRIOR TO SEPTEMBER 1, 1950 Act Aug. 28, 1950, ch. 809, title I, § 101(d), 64 Stat. 488, as amended July 18, 1952, ch. 945, § 5(e)(1), 66 Stat. 775; Sept. 13, 1960, Pub. L. 86–778, title I, § 103(a)(2), 74 Stat. 936, provided that: ‘‘Lump-sum death payments shall be made in the case of individuals who died prior to Sep- tember 1950 as though this Act had not been enacted; except that in the case of any individual who died out- side the forty-eight States and the District of Columbia after December 6, 1941, and prior to August 10, 1946, the last sentence of section 202(g) of the Social Security Act [42 U.S.C. 402(g)] as in effect prior to the enactment of this Act shall not be applicable if application for a lump-sum death payment is filed prior to September 1952, and except that in the case of any individual who died outside the forty-eight States and the District of Columbia on or after June 25, 1950, and prior to Sep- tember 1950, whose death occurred while he was in the active military or naval service of the United States, and who is returned to any of such States, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa for interment or reinterment, the last sentence of section 202(g) of the Social Security Act as in effect prior to the enactment of this Act [July 18, 1952] shall not prevent payment to any person under the second sentence thereof if application for a lump-sum death payment under such section with respect to such de- ceased individual is filed by or on behalf of such person (whether or not legally competent) prior to the expira- tion of two years after the date of such interment or re- interment.’’ LUMP-SUM PAYMENTS FOR DEATHS BEFORE 1940; TIME LIMITATION Lump-sum payments of 31⁄2 percent of total wages paid with respect to employment after Dec. 31, 1936 and before reaching the age of 65 were provided for persons who were not qualified individuals upon reaching that age by act Aug. 14, 1935, ch. 531, title II, § 204, 49 Stat. 624, before amendment in 1939. Such lump-sum pay- ments, except to the estate of an individual who died prior to Jan. 1, 1940, were prohibited after Aug. 10, 1939, by act Aug. 10, 1939, ch. 666, title IX, § 902(g), 53 Stat. 1400. Section 415 of act Aug. 10, 1946, provided that no lump-sum payments shall be made under section 204 of the 1935 act or section 902(g) of the 1939 act unless ap- plication therefor has been filed prior to the expiration of six months after Aug. 10, 1946. DEATH OUTSIDE U.S.; EXTENSION OF FILING TIME FOR LUMP-SUM PAYMENTS Act July 18, 1952, ch. 945, § 5(e)(2), 66 Stat. 775, as amended by Pub. L. 86–778, title I, § 103(a)(2), Sept. 13, 1960, 74 Stat. 936, provided that: ‘‘In the case of any in- dividual who died outside the forty-eight States and the District of Columbia after August 1950 and prior to January 1954, whose death occurred while he was in the active military or naval service of the United States, and who is returned to any of such States, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa for interment or reinterment, the last sentence of section 202(i) of the Social Security Act [42 U.S.C. 402(i)] shall not prevent payment to any person under the second sentence thereof if application for a lump- sum death payment with respect to such deceased indi- vidual is filed under such section by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such inter- ment or reinterment.’’ PAYMENT OF ANNUITIES TO OFFICERS AND EMPLOYEES OF THE UNITED STATES CONVICTED OF CERTAIN OF- FENSES Act Aug. 1, 1956, ch. 836, title I, § 121(b), 70 Stat. 838, provided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall not be con- strued to restrict or otherwise affect any of the provi- sions of the Act entitled ‘An Act to prohibit payments of annuities to officers and employees of the United States convicted of certain offenses, and for other pur- poses’, approved September 1, 1954 (Public Law 769, Page 1875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 403 Eighty-third Congress) [sections 2281 to 2288 of former Title 5, Executive Departments and Government Offi- cers and Employees, and are covered by section 8311 et seq. of Title 5, Government Organization and Employ- ees].’’ APPLICATION FOR BENEFITS BY SURVIVORS OF MEMBERS AND FORMER MEMBERS OF UNIFORMED SERVICES Forms for use by survivors of members and former members of the uniformed services in filing applica- tions for benefits under this subchapter to be pre- scribed jointly by the Secretary of Veterans Affairs and the Secretary of Health and Human Services, see sec- tion 5105 of Title 38, Veterans’ Benefits. PAYMENTS OF ALIENS’ BENEFITS WITHHELD UNDER FOREIGN DELIVERY RESTRICTION OF CHECKS AGAINST FEDERAL FUNDS Pub. L. 90–248, title I, § 162(c)(3), Jan. 2, 1968, 81 Stat. 871, provided that: ‘‘Whenever benefits which an indi- vidual who is not a citizen or national of the United States was entitled to receive under title II of the So- cial Security Act [this subchapter] are, on June 30, 1968, being withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123) [31 U.S.C. 3329(a) and 3330(a)], any such benefits, pay- able to such individual for months after the month in which the determination by the Treasury Department that the benefits should be so withheld was made, shall not be paid— ‘‘(A) to any person other than such individual, or, if such individual dies before such benefits can be paid, to any person other than an individual who was entitled for the month in which the deceased indi- vidual died (with the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to a monthly benefit under title II of such Act [42 U.S.C. 401 et seq.] on the basis of the same wages and self- employment income as such deceased individual, or ‘‘(B) in excess of the equivalent of the last twelve months’ benefits that would have been payable to such individual.’’ STUDY OF RETIREMENT TEST AND OF DRUG STANDARDS AND COVERAGE Pub. L. 90–248, title IV, § 405, Jan. 2, 1968, 81 Stat. 933, authorized the Secretary of Health, Education, and Welfare [now Health and Human Services] to make a study of the existing retirement test and proposals for the modification of the test, the quality and cost stand- ards for drugs for which payments are made under this chapter, and the coverage of drugs under part B of sub- chapter XVIII of this chapter, and submit a report to the President and to Congress concerning his findings and recommendations on or before Jan. 1, 1969. Executive Documents EX. ORD. NO. 12436. PAYMENT OF CERTAIN BENEFITS TO SURVIVORS OF PERSONS WHO DIED IN OR AS A RESULT OF MILITARY SERVICE Ex. Ord. No. 12436, July 29, 1983, 48 F.R. 34931, pro- vided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 156 of Public Law 97–377 (96 Stat. 1920; 42 U.S.C. 402 note), in order to provide certain benefits to the surviving spouses and children of certain persons who died in or as a result of military service, it is here- by ordered as follows: SECTION 1. The Administrator of Veterans’ Affairs is designated to administer the provisions of Section 156 of Public Law 97–377. SEC. 2. The Secretary of Health and Human Services shall provide to the Administrator of Veterans’ Affairs such information and such technical assistance as the Administrator may reasonably require to discharge his responsibilities under Section 156. The Administrator of Veterans’ Affairs shall reimburse the Department of Health and Human Services for all expenses it incurs in providing such information and technical assistance to the Veterans’ Administration. Such expenses shall be paid from the Veterans’ Administration account de- scribed in Section 3 of this Order. SEC. 3. During fiscal year 1983 and each succeeding fiscal year, the Secretary of Defense shall transfer, from time to time, from the ‘‘Retired Pay, Defense’’ ac- count of the Department of Defense to an account es- tablished in the Veterans’ Administration, such amounts as the Administrator of Veterans’ Affairs de- termines to be necessary to pay the benefits authorized by Section 156 during fiscal year 1983 and each suc- ceeding fiscal year, and the expenses incurred by the Veterans’ Administration in paying such benefits dur- ing fiscal year 1983 and each succeeding fiscal year. Such transfers shall, to the extent feasible, be made in advance of the payment of benefits and expenses by the Veterans’ Administration. SEC. 4. This Order shall be effective as of January 1, 1983. RONALD REAGAN. § 403. Reduction of insurance benefits (a) Maximum benefits (1) In the case of an individual whose primary insurance amount has been computed or recom- puted under section 415(a)(1) or (4) of this title, or section 415(d) of this title, as in effect after December 1978, the total monthly benefits to which beneficiaries may be entitled under sec- tion 402 or 423 of this title for a month on the basis of the wages and self-employment income of such individual shall, except as provided by paragraphs (3) and (6) (but prior to any increases resulting from the application of paragraph (2)(A)(ii)(III) of section 415(i) of this title), be re- duced as necessary so as not to exceed— (A) 150 percent of such individual’s primary insurance amount to the extent that it does not exceed the amount established with re- spect to this subparagraph by paragraph (2), (B) 272 percent of such individual’s primary insurance amount to the extent that it ex- ceeds the amount established with respect to subparagraph (A) but does not exceed the amount established with respect to this sub- paragraph by paragraph (2), (C) 134 percent of such individual’s primary insurance amount to the extent that it ex- ceeds the amount established with respect to subparagraph (B) but does not exceed the amount established with respect to this sub- paragraph by paragraph (2), and (D) 175 percent of such individual’s primary insurance amount to the extent that it ex- ceeds the amount established with respect to subparagraph (C). Any such amount that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10. (2)(A) For individuals who initially become el- igible for old-age or disability insurance bene- fits, or who die (before becoming so eligible for such benefits), in the calendar year 1979, the amounts established with respect to subpara- graphs (A), (B), and (C) of paragraph (1) shall be $230, $332, and $433, respectively. (B) For individuals who initially become eligi- ble for old-age or disability insurance benefits, or who die (before becoming so eligible for such benefits), in any calendar year after 1979, each of