Page:United States Statutes at Large Volume 104 Part 2.djvu/688

 104 STAT. 1388-280 PUBLIC LAW 101-508 —NOV. 5, 1990 "(iii) such entitlements are based on the wages and self- employment income of the same insured individual, the benefit of the entitled individual whose entitlement is based on a valid marriage (as determined without regard to subparagraphs (A)(ii) and (B) of section 216(h)(1)) to such insured individual shall, for such month and all months thereafter, be determined without regard to this subsection, and the benefits of all other individuals who are entitled, for such month or any month thereafter, to monthly benefits under section 202 based on the wages and self- employment income of such insured individual shall be determined as if such entitled individual were not entitled to benefits for such month.". (d) CONFORMING AMENDMENT.— Section 203(a)(6) (42 U.S.C. 403(a)(6)) is amended by inserting "(3)(D)," after "(3)(C),". 42 USC 403 note. (e) EFFECTIVE DATE. — (1) IN GENERAL.—The amendments made by this section shall apply with respect to benefits for months after December 1990. (2) APPLICATION REQUIREMENT. — (A) GENERAL RULE.—Except as provided in subparagraph (B), the amendments made by this section shall apply only with respect to benefits for which application is filed with the Secretary of Health and Human Services after December 31, 1990. (B) EXCEPTION FROM APPLICATION REQUIREMENT.— Subparagraph (A) shall not apply with respect to the benefits of any individual if such individual is entitled to a benefit under subsection (b), (c), (e), or (f) of section 202 of the Social Security Act for December 1990 and the individual on whose wages and self-employment income such benefit for December 1990 is based is the same individual on the basis of whose wages and self-employment income application would otherwise be required under subparagraph (A). 42 USC 1310 SEC. 5120. VOCATIONAL REHABILITATION DEMONSTRATION PROJECTS. (a) DEMONSTRATION PROJECT.— (1) IN GENERAL. —Pursuant to section 505 of the Social Security Disability Amendments of 1980, the Secretary of Health and Human Services shall develop and carry out under this section demonstration projects in each of not fewer than three States. Each such demonstration project shall be designed to assess the advantages and disadvantages of permitting disabled beneficiaries (as defined in paragraph (3)) to select, from among both public and private qualified vocational rehabilitation providers, providers of vocational rehabilitation services directed at enabling such beneficiaries to engage in substantial gainful activity. Each such demonstration project shall commence as soon as practicable after the date of the enactment of this Act and shall remain in operation until the end of fiscal year 1993. (2) SCOPE AND PARTICIPATION. —Each demonstration project shall be of sufficient scope and open to sufficient participation by disabled beneficiaries so as to permit meaningful determinations under subsection (b). (3) DISABUID BENEFICIARY. — For purposes of this section, the term "disabled beneficiary" means an individual who is entitled to disability insurance benefits under section 223 of the Social

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