Page:United States Statutes at Large Volume 101 Part 2.djvu/1084

 101 STAT. 1330-290

PUBLIC LAW 100-203—DEC. 22, 1987

eligible for benefits under this subsection and has made a valid application for such benefits.". (b) HUSBAND'S INSURANCE BENEFITS.—Paragraph (2) of section 42 USC 402. 202(c) of such Act is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a husband's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k)) shall be reduced (but not below zero) by an amount equal to ii two-thirds of the amount of any monthly periodic benefit payable to the 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 '' 218(b)(2)) if, on the last day he was employed by such entity— "(i) such service did not constitute 'employment' as defined in section 210, or "(ii) such service was being performed while in the service of the Federal Government, and constituted 'employment' as so defined solely by reason of— "(I) clause (ii) or (iii) of subparagraph (G) of section ^^? ' "* ^ 210(a)(5), where the lump-sum payment described in such • >>) clause (ii) or the cessation of coverage described in such clause (iii) (whichever is applicable) was received or v occurred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph (B) applies. 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. "(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted 'employment' as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the husband (or divorced husband) is eligible for benefits under this subsection and has made a valid application for such benefits.". (c) WIDOW'S INSURANCE BENEFITS.—Paragraph (7) of section 202(e) of such Act is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a widow's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k), paragraph (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 the 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 political subdivision thereof, as defined in section 218(b)(2)) if, on the last day she was employed by such entity— "(i) such service did not constitute 'employment' as defined in section 210, or

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