Page:United States Statutes at Large Volume 68 Part 1.djvu/1095

 68 S T A T. ]

1063

PUBLIC LAW 761-SEPT. 1, 1954

number of months elapsing after such starting date and prior to such closing date, excluding from such elapsed months any month in any year prior to the year in which he attained the age of twenty-two if less than two quarters of such prior year were quarters of coverage, except that when the number of such elapsed months thus computed (including a computation after the application of paragraph (4)) is less than eighteeUj it shall be increased to eighteen. "(2) An individual's 'starting date' shall be— " (A) December 31, 1950, or " (B) if later, the last day of the year in which he attains the age of twenty-one, whichever results in the higher primary insurance amount. "(3) An individual's 'closing date' shall be whichever of the following results in the higher primary insurance amount: " (A) the first day of the year in which he died or became entitled to old-age insurance benefits, whichever first occurred; or " (B) the first day of the first year in which he both was fully insured and had attained retirement age; except that if the Secretary determines, on the basis of the evidence available to him at the time of the computation of the individual's primary insurance amount with respect to which such closing date is applicable, that it would result in a higher primary insurance amount for such individual, his closing date shall be the first day of the year following the year referred to in subparagraph (A). " (2) Paragraph (4) of such subsection (b) is amended to read as follows: "(4) I n the case of any individual, the Secretary shall determine the four or fewer full calendar years after his starting date and prior to his closing date which, if the months of such years and his wages and self-employment income for such years were excluded in computing his average monthly wage, would produce the highest primary insurance amount. Such months and such wages and self-employment income shall be excluded for purposes of computing such individual's average monthly wage. The maximum number of calendar years determined under the first sentence of this paragraph shall be five instead of four in the case of any individual who has not less than twenty quarters of coverage." (c) Subsection (c) of such section is amended to read as follows:

Infra. Starting date.

Closing date.

"Determinations Made by Use of the Conversion Table "(c)(1) Except as provided in paragraph (2) of this subsection, the amount referred to in paragraphs (1)(B) and (2) of subsection (a) for an individual shall be either the amount appearing in column III of the following table on the line on which in column I appears his primary insurance benefit (as determined under subsection (d)), or the amount appearing in column III of the following table on the line on which in column II appears his primary insurance amount (determined as provided in subsection (d)), whichever produces the higher amount; and his average monthly wage shall, for purposes of

Ante,

p, 1062.

Post,

p. 1065.

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