Page:United States Statutes at Large Volume 74.djvu/1004

 964

PUBLIC LAW 86-778-SEPT. 13, 1960

[74 S T A T.

(B) Effective in the case of deaths occurring on or after the date of the enactment of this Act, the first sentence of such section 215 Ante, p. 963. (f)(4) is further amended by striking out "(without the application of clause (iii^ thereof)". (f) Effective with respect to individuals who become entitled to 42 USC 423. benefits under section 223 of the Social Security Act after 1960, secPost, p. 967. tion 223(a)(2) of such Act (as amended by section 402(b) of this Act) is amended to read as follows: "(2) Such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month deter42 USC 415. mined under section 215 as though he had attained retirement age in— " ^ A) the first month of his waiting period, or " (B) in any case in which clause (li) of paragraph (1) of this subsection is applicable, the first month for which he becomes entitled to such disability insurance benefits, and as though he had become entitled to old-age insurance benefits in the month in which he filed his application for disability insurance benefits. For the purposes of the preceding sentence, in the case of a woman who both was fully insured and had attained retirement age in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, the elapsed years referred to in section 215(b)(3) shall not include the first year in which she both Ante, p. 961. was fully insured and had attained retirement age, or any year thereafter." (g)(1) In the case of any individual who both was fully insured and had attained retirement age prior to 1961 and (A) who becomes entitled to old-age insurance oenefits after 1960, or (B) who dies after 1960 without being entitled to such benefits, then, notwithstanding the amendments made by the preceding subsections of this section, the Secretary shall also compute such individual's primary insurance amount on the basis of such individual's average monthly wage determined under the provisions of section 215 of the Social Security Act in effect prior to the enactment of this Act with a closing date determined under section 2 1 5 (b)(3)(B) of such Act as then in effect, but only if such closing date would have been applicable to such computation had this section not been enacted. If the primary insurance amount resulting from the use of such an average monthly wage is higher than the primary insurance amount resulting from the use of an average monthly wage determined pursuant to the provisions of section 215 of the Social Security Act, as amended by the Social Security Amendments of 1960, such higher primary insurance amount shall be the individual's primary insurance amount for purposes of such section 215. The terms used in this subsection shall have the meaning 42 USC 401 et assigned to them by title II of the Social Security Act. seq. (2) Notwithstanding the amendments made by the preceding subsections of this section, in the case of any individual who was entitled (without regard to the provisions of section 223(b) of the Social ges"**'' ^^* ^ ^ ^' Security Act) to a disability insurance benefit under such section 223 for the month before the month in which he became entitled to an 42 USC 402. old-age insurance benefit under section 202(a) of such Act, or in which he died, and such disability insurance benefit was based upon a primary insurance amount determined under the provisions of section 215 of the Social Security Act in effect prior to the enactment of this Act, the Secretary shall, in applying the provisions of such section 215(a) (except paragraph (4) thereof), for purposes of determining benefits payable under section 202 of such Act on the basis of such individual s wages and self-employment income, determine such individual's average monthly ^^E^ under the provisions of section 215 of the Social Security Act in effect prior to the enactment of this Act.

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