Page:United States Statutes at Large Volume 102 Part 4.djvu/818

 102 STAT. 3788

PUBLIC LAW 100-647—NOV. 10, 1988

SEC. 8010. SUBSTITUTION OF CERTIFICATE OF ELECTION FOR APPLICATION TO ESTABLISH ENTITLEMENT FOR CERTAIN REDUCED WIDOW'S AND WIDOWER'S BENEFITS.

(a) WIDOW'S INSURANCE BENEFITS.—Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended— (1) by redesignating paragraph (l)(C)(ii) as paragraph (l)(C)(iii); (2) by striking paragraph (l)(C)(i) and inserting the following: "(C)(i) has filed application for widow's insurance 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 preceding the month in which such individual died, and— "(I) has attained retirement age (as defined in section 216(1)), "(II) is not entitled to benefits under subsection (a) or section 223, or "(III) has in effect a certificate (described in paragraph (8)) filed by her with the Secretary, in accordance with regulations prescribed by the Secretary, in which she elects to receive widow's insurance benefits (subject to reduction as provided in subsection (q)), or"; and (3) by adding at the end the following new paragraph: "(8) Any certificate filed pursuant to paragraph (l)(C)(iiXIII) 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 effective for any month before the month in which she attains age 62.". (b) WIDOWER'S INSURANCE BENEFITS.—Section 202(f) of such Act (42 U.S.C. 402(f)) is amended— (1) by redesignating paragraph (IXCXii) as paragraph (IXCXiii); (2) by striking paragraph (IXCXi) and inserting the following: "(C)(i) has filed application for widower's insurance benefits, "(ii) 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 such individual died, and— "(1) has attained retirement age (as defined in section 216a)), "(Q) is not entitled to benefits under subsection (a) or section 223, or "(HI) has in effect a certificate (described in paragraph (8)) filed by him with the Secretary, in accordance with r^ulations prescribed by the Secretary, in which he elects to receive widower's insurance benefits (subject to reduction as provided in subsection (q)), or"; and (3) by adding at the end the following new paragraph: "(8) Any certificate filed pursuant to paragraph (l)(C)(ii)(IID shall be effective for purposes of this subsection—

�