Page:United States Statutes at Large Volume 68 Part 1.djvu/1100

 1068 42 USC 412.

Death after 1954.

Ante, p. 1066.

42 USC 405.

42 USC 405.

42 USC 415. Ante, p. 1066.

Ante, p. 1062. Ante, p. 1065.

Ante, p. 1062.

PUBLIC LAW 7 6 1 - S E P T. 1, 1954

[68

STAT.

taking into account only such self-employment income in such taxable year as is, pursuant to section 212, allocated to calendar quarters prior to such closing date. Such recomputation shall be effective for and after the first month in which he became entitled to old-age insurance benefits." (4) Section 215(f)(4) of such Act is amended to read as follows: "(4) Upon the death after 1954 of an individual entitled to oldage insurance benefits, if any person is entitled to monthly benefits, or to a lump-sum death payment, on the basis of the wages and selfemployment income of such individual, the Secretary shall recompute the decedent's primary insurance amount, but only if— "(A) the decedent would have been entitled to a recomputation under paragraph (2)(A) (without the application of clause (iii) thereof) if he had filed application therefor in the month in which he died; or " (B) the decedent during his lifetime was paid compensation which was treated under section 205(o) as remuneration for employment. If the recomputation is permitted by subparagraph (A) the recomputation shall be made (if at all) as though he had filed application for a recomputation under paragraph (2)(A) in the month in which he died, except that such recomputation shall include any compensation (described in section 205(o)) paid to him prior to the closing date which would have been applicable under such paragraph. If recomputation is permitted by subparagraph (R) the recomputation shall take into account only the wages and self-employment income which were taken into account in the last previous computation of his primary insurance amount and the compensation (described in section 205(o)) paid to him prior to the closing date applicable to such computation. If both of the preceding sentences are applicable to an individual, only the recomputation which results in the larger primary insurance amount shall be made." (5)(A) In the case of any individual who, upon filing application therefor before September 1954, would (but for the provisions of section 215(f)(6) of the Social Security Act) have been entitled to a recomputation under subparagraph (A) or (B) of section 215(f)(2) of such Act as in effect prior to the enactment of this Act, the Secretary shall recompute such individual's primary insurance amount, but only if he files an application therefor or, in case he died before filing such application, an application for monthly benefits or a lump-sum death payment on the basis of his wages and self-employment income is filed. Such recomputation shall be made only as provided in subsection (a)(2) of section 215 of the Social Security Act, as amended by this Act, through the use of a primary insurance amount determined under subsection (d)(6) of such section in the same manner as for an individual to whom subsection (a)(1) of such section, as in effect prior to the enactment of this Act, is applicable; and such recomputation shall take into account only such wages and self-employment income as would be taken into account under section 215(b) of the Social Security Act if the month in which the application for recomputation is filed, or if the individual died without filing the application for recomputation, the month in which he died, were deemed to be the month in which he became entitled to old-age insurance benefits. In the case of monthly benefits, such recomputation shall be effective for and after the month in which such application for recomputation is filed or, if the individual has died without filing the application, for and after the month in which the person filing the application for monthly survivor benefits becomes entitled to such benefits.

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