Page:United States Statutes at Large Volume 103 Part 3.djvu/409

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2477 "(k)(1) For purposes of sections 203(f)(8)(B)(ii), 213(d)(2)(B), 215(a)(l)(B)(ii), 215(b)(3)(A)(ii), 224(f)(2)(B), and 230(b)(2) (and 230(b)(2) as in effect immediately prior to the enactment of the Social Secu- rity Amendments of 1977), the term 'deemed average total wages' for any particular calendar year means the product o£^ "(A) the SSA aversige wage index (as defined in section 215(i)(l)(G) and promulgated by the Secretary) for the calendar year preceding such particular calendar year, and "(B) the quotient obtained by dividing— "(i) the average of total wages (as defined in regulations of the Secretary and computed without regard to the limita- tion specified in subsection (a)(1) and by including deferred compensation amounts) reported to the Secretary of the Treasury or his delegate for such particular calendar year, by "(ii) the average of total wages (as so defined and com- puted) reported to the Secretary of the Treasury or his delegate for the calendar year preceding such particular csdendar year. "(2) For purposes of paragraph (1), the term 'deferred compensa- tion amount' means— "(A) any amount excluded from gross income under chapter 1 of the Internal Revenue Code of 1986 by reason of section 402(a)(8), 402(h)(l)(B), or 457(a) of such Code or by reason of a salary reduction agreement under section 403(b) of such Code, "(B) any amount with respect to which a deduction is allow- able under chapter 1 of such Code by reason of a contribution to a plan described in section 501(c)(18) of such Code, and "(C) to the extent provided in regulations of the Secretary, deferred compensation provided under any arrangement, agree- ment, or plan referred to in subsection (i) or O)-"- (b) CONFORMING AMENDMENTS.— (1) Sections 203(fK8XBXii), 215(b)(3)(A)(ii), and 230(b)(2)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(B)(iiXI), 415(b)(3)(A)(iiXI), and 430(b)(2)(A)), as amended by subsection (d)(2)(A)(i), are each further amended— (A) by striking "the average of the total wages (as defined in regulations of the Secretary and computed without i regard to the limitations specified in section 209(a)(l)) reported to the Secretary of the Treasury or his delegate" and inserting "the deemed average total wages (as defined in section 209(k)(l))"; (B) by striking "the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate" and inserting "the deemed aver- age total wages (as so defined)"; and (C) in section 215(b)(3)(A)(iiXI), by striking "(after 1976)". (2) Sections 213(d)(2)(B), 215(a)(l)(B)(ii), and 224(fK2XB) of such Act (42 U.S.C. 413(d)(2)(B), 415(a)(l)(B)(ii), and 424a(f)(2)(B)), as amended by subsection (d)(2)(A)(i), are each further amended— (A) by striking "the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 209(a)(l)) re-, ported to the Secretary of the Treasury or his delegate" and inserting "the deemed average total wages (as defined in section 209(k)(l))";

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