Page:United States Statutes at Large Volume 100 Part 1.djvu/326

 100 STAT. 290

PUBLIC LAW 99-272—APR. 7, 1986 (b) FEDERAL ADMINISTRATION OF STATE SUPPLEMENTATION.—Sec-

42 USC I382e.

tion 1616(b) of such Act is amended by adding at the end thereof (after and below paragraph (2)) the following new sentence: "At the option of the State (but subject to paragraph (2) of this subsection), the agreement between the Secretary and such State entered into under subsection (a) shall be modified to provide that the Secretary will make supplementary payments, on and after an effective date to be specified in the agreement as so modified, to individuals receiving benefits determined under section

42 USC 1382.

1611(e)(l)(B).". SEC. 12202. PRESERVATION OF BENEFIT STATUS FOR DISABLED WIDOWS AND WIDOWERS WHO LOST SSI BENEFITS BECAUSE OF 1983 CHANGES IN ACTUARIAL REDUCTION FORMULA.

42 USC 1383c.

Insurance. 42 USC 402. 42 USC 1396.

42 USC 415. 42 USC 401.

42 USC 402 and note.

(a) IN GENERAL.—Section 1634 of the Social Security Act is amended— (1) by inserting "(a)" after "SEC. 1634.", and (2) by adding at the end the following new subsection: "(b)(1) An eligible disabled widow or widower (described in paragraph (2)) who is entitled to a widow's or widower's insurance benefit based on a disability for any month under section 202(e) or (f) but is not eligible for benefits under this title in that month, and who applies for the protection of this subsection under paragraph (3), shall be deemed for purposes of title XIX to be an individual with respect to whom benefits under this title are paid in that month if he or she— "(A) has been continuously entitled to such widow's or widower's insurance benefits from the first month for which the increase described in paragraph (2)(C) was reflected in such benefits through the month involved, and "(B) would be eligible for benefits under this title in the month involved if the amount of the increase described in paragraph (2)(C) in his or her widow's or widower's insurance benefits, and any subsequent cost-of-living adjustments in such benefits under section 215(i), were disregarded. "(2) For purposes of paragraph (1), the term 'eligible disabled widow or widower' means an individual who— "(A) was entitled to a monthly insurance benefit under title II for December 1983, "(B) was entitled to a widow's or widower's insurance benefit based on a disability under section 202(e) or (1) for January 1984 and with respect to whom a benefit under this title was paid in that month, and "(C) because of the increase in the amount of his or her widow's or widower's insurance benefits which resulted from the amendments made by section 134 of the Social Security Amendments of 1983 (Public Law 98-21) (eliminating the additional reduction factor for disabled widows and widowers under age 60), was ineligible for benefits under this title in the first month in which such increase was paid to him or her (and in which a retroactive payment of such increase for prior months was not made). "(3) This subsection shall only apply to an individual who files a written application for protection under this subsection, in such manner and form as the Secretary may prescribe, during the 15month period beginning with the month in which this subsection is enacted.

�