Page:United States Statutes at Large Volume 108 Part 2.djvu/823

 PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1539 (1) The preceding provisions of this section shall be construed only as technical and clerical corrections and as reflecting the original intent of the provisions amended thereby. (2) Any reference in title II of the Social Security Act to the Internal Revenue Code of 1986 shall be construed to include a reference to the Internal Revenue Code of 1954 to the extent necessary to carry out the provisions of paragraph (1). (e) UTILIZATION OF NATIONAL AVERAGE WAGE INDEX FOR WAGE- BASED ADJUSTMENTS.— (1) DEFINITION OF NATIONAL AVERAGE WAGE INDEX.— Section 209(k) of the Social Security Act (42 U.S.C. 409(k)) is amended— (A) by redesignating paragraph (2) as paragraph (3); (B) in paragraph (3) (as redesignated), by striking "paragraph (1)" and inserting "this subsection"; and (C) by striking paragraph (1) and inserting the following new paragraphs: "(k)(l) For purposes of sections 203(f)(8)(B)(ii), 213(d)(2)(B), 215(a)(l)(B)(ii), 215(a)(l)(C)(ii), 215(a)(1)(D), 215(b)(3)(A)(ii), 215(i)(l)(E), 215(i)(2)(C)(ii), 224(f)(2)(B), and 230(b)(2) (and 230(b)(2) as in effect immediately prior to the enactment of the Social Security Amendments of 1977), the term 'national average wage index' for any particular calendar year means, subject to regulations of the Secretary under paragraph (2), the average of the total wages for such particular calendar year. "(2) The Secretary shall prescribe regulations under which the Regulations. national average wage index for any calendar year shall be computed— "(A) on the basis of amounts reported to the Secretary of the Treasury or his delegate for such year, "(B) by disregarding the limitation on wages specified in subsection (a)(1), "(C) with respect to calendar years after 1990, by incorporating deferred compensation amounts and factoring in for such years the rate of change from year to year in such amounts, in a manner consistent with the requirements of section 10208 of the Omnibus Budget Reconciliation Act of 1989, and "(D) with respect to calendar years before 1978, in a manner consistent with the manner in which the average of the total wages for each of such calendar years was determined as provided by applicable law as in effect for such years.". (2) CONFORMING AMENDMENTS. — (A) Section 213(d)(2)(B) of such Act (42 U.S.C. 413(d)(2)(B)) is amended by striking "deemed average total wages" and inserting "national average wage index", and by striking "the average of the total wages" and all that follows and inserting "the national average wage index (as so defined) for 1976,". (B) Section 215(a)(l)(B)(ii) of such Act (42 U.S.C. 415(a)(l)(B)(ii)) is amended— (i) in subclause (I), by striking "deemed average total wages" and inserting "national average wage index"; and (ii) in subclause (II), by striking "the average of the total wages" and all that follows and inserting

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