Page:United States Statutes at Large Volume 71.djvu/556

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PUBLIC LAW 85-238-AUG. 30, 1957

[71

STAT.

on such date, or he had been ordered by any court to contribute to her support; a widower shall be deemed to have been living with his wife at the time of her death if they were both members of the same houseliold at the time of her death, or he was receiving": regular contributions from her toward his support on such date, or she had been ordered by any court to contribute to his support." "(i)(1) Except as provided in paragraph (2), the amendments made by this section shall apply in the case of monthly benefits under 42 USC 402. section 202 of the Social Security Act for months after the month in which this Act is enacted. (2) The amendment made by subsection (f) shall not apply in the 42 us^c 4%*.' c^se of benefits under section 202(h) of the Social Security Act, based on the wages and self-employment income of a deceased individual who died in or prior to the month in which this Act is enacted, for any parent who files the proof of support, required by such section 202 42 v^iie! ^^^)' ^^ or prior to the month in which this Act is enacted; and the amendment to section 216(h)(1) of such Act made by subsection (h) of this section shall not operate to deprive any such parent of lo ^i^' fr?o • benefits to which he would otherwise be entitled under section 202(h) of such Act. Js usc?28a!^'' SEC. 4. (a) Section 1(q) of the Railroad Retirement Act of 1937, as amended, is amended by striking out "1956" and inserting in lieu thereof "1957." 45 USC 228e. ^j^^ Paragraph (1) of section 5(1) of the Railroad Retirement Act of 1937, as amended, is amended by striking out the sentence immediately following clause (iii) thereof and inserting in lieu thereof the following sentence: "A 'widow' or 'widower' shall be deemed to have been living with the employee if the conditions set forth in 42U#C4*?6^.' section 216(h)(2) or (3), whichever is applicable, of the Social Security Act, as in effect prior to 1957, are fulfilled." (c) Paragraph (1) of section 5 (I) of such Act is further amended by striking out the third sentence immediately following clause (iii) thereof and inserting in lieu thereof the following sentence: "In determining, for purposes of this section and subsection (f) of section 2 whether an applicant is the wife, husband, widow, widower, child, or parent of an employee as claimed, the rules set forth in section 216 (h)(1) of the Social Security Act, as in effect prior to 1957, shall be applied." SEC. 5. Where— (a) one or more persons were entitled (without the application 42 USC 4o°2?* ^^ section 202(j)(1) of the Social Security Act) to parents' insurance benefits under section 202(h) of such Act for the 42 USC 402.* month in which this Act is enacted on the basis of the wages and self-employment income of an individual; (b) a person becomes entitled to a widow's, widower's or 64l*rtV485!4*86. mother's insurance benefit under section 202(e), (f), or (g) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income; (c) the total of the benefits to which all persons are entitled 42 USC 402. under section 202 of the Social Security Act, on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act; then the amount of the benefit to which each such person referred to in paragraph (a) or (b) is entitled for such subsequent month shall 70 Stat. 808. ^^ increased, after the application of such section 203(a), to the amount it would have been—

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