Page:United States Statutes at Large Volume 72 Part 1.djvu/1060

 1018

PUBLIC LAW 85-840-AUG. 28, 1958

[72 S T A T.

" (B) he died, which ever first occurred, and the primary insurance amount of such insured individual Ante^^ Voia ^^ determmed under the provisions of section 215(a)(1) or (3) " ^' ^* ' and is not less than $68, then such total of benefits shall not be reduced to less than the smaller of— "(C) the last figure in column V of the table appearing in section 215(a), or " (D) the amount in column V of such table on the same line on which, in column IV, appears his primary insurance amount, plus the excess of— "(i) such primary insurance amount, over "(ii) the smaller amount in column II of the table on the line on which appears such primary insurance amount. I n any case in which benefits are reduced pursuant to the preceding provisions of this subsection, such reduction shall be made after any deductions under this section and after any deductions under section 42 USC 422.^^^ 222 (b). Whenever a reduction is made under this subsection, each 1032.* ^^* ' benefit, except the old-age or disability insurance benefit, shall be proportionately decreased." Effective Date (g) The amendments made by this section shall be applicable in 42 USC 401-425. the case of monthly benefits under title II of the Social Security Act, for months after December 1958, and in the case of the lump-sum death payments under such title, with respect to deaths occurring after such month. Primary Insurance Amount for Certain Disability Insurance Beneficiaries (h) If an individual was entitled to a disability insurance benefit 1021* ^^* '°^°' ^^1^^^^ section 223 of the Social Security Act for December 1958, and became entitled to old-age insurance benefits under section 202(a) 42 USC 402. of such Act, or died, in January 1959, then, for purposes of paragraph (4) of section 215(a) of the Social Security Act, as amended by this Act, the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under subsection (c) of such section 215) instead of the amount in column IV equal to his disability insurance benefit. Saving Provision 42 USC 415.

(i) In the case of any individual to whom the provisions of subsection (b)(5) of section 215 of the Social Security Act, as amended by this Act, are applicable and on the basis of whose wages and selfemployment income benefits are payable for months prior to January 1959, his primary insurance amount for purposes of benefits for such prior months shall, if based on an application for such benefits or for a recomputation of such amount, as the case may be, filed after December 1958, be determined under such section 215, as in effect prior to the enactment of this Act, and, if such individual's primary insurance amount as so determined is larger than the primary insurance amount determined for him under section 215 as amended by this Act, such larger primary insurance amount (increased to the next higher dollar if it is not a multiple of a dollar) shall, for months after December 1958, be his primary insurance amount for purposes of such section

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