Page:United States Statutes at Large Volume 74.djvu/1006

 966

PUBLIC LAW S6-778-SEPT. 13, 1960

[74 S T A T.

42 USC 402. Ante, p. 963.

^JQj^ 202(a) at the time of his death, the provisions of section 215(f) ^4^ ^f ^1^^ Social Securitj Act in effect prior to the enactment of this Act shall apply. (j) In the case of an individual whose average monthly wage is computed under the provisions of section 215(b) of the Social Security Ante. p. 960. _^QI^ ^g amended by this Act, and— (1) who is entitled, by reason of the provisions of section 2 0 2 (j)(l) or section 223(b) of the Social Security Act, to a Post, p. 967. monthly benefit for any month prior to January 1961, or (2) who is (or would, but for the fact that such recomputation would not result in a higher primary insurance amount for such individual, be) entitled, by reason of section 215(f) of the Social Security Act, to have his primary insurance amount recomputed effective for a month prior to January 1961, his average monthly wage as determined under the provisions of such section 215(b) shall be his average monthly wage for the purposes of determining his primary insurance amount for such prior month. (k) Section 102(f)(2)(B) of the Social Security Amendments of 42 USC 4'i5,note. ^^^^ ^^ amended by inserting after "Social Security Act" in the second • ' * sentence thereof as in effect prior to the enactment of the Social Security Amendments of 1960"; and by striking out "bond" and inserting in lieu thereof "month". E L I M I N A T I G N OF CERTAIN OBSOLETE R E C 0 M P U T A T I 0 N 8

SEC. 304. (a) The first sentence of section 215(f)(5) of the Social 42 USC 415. Security Act is amended by striking out "after the close of such taxable year by such individual or (if he died without filing such application)" and inserting in lieu thereof the following: "by such individual after the close of such taxable year and prior to January 1961 or (if he died without filing such application and such death occurred prior to January 1961)". 42 USC 4iSnote. (b) Section 102(e)(5) of the Social Security Amendments of 1954 is amended by adding at the end thereof the following new subparagraph: " (D) Notwithstanding the provisions of subparagraphs (A), (B), and (C), the primary insurance amount of an individual shall not be recomputed under such provisions unless such individual files the application referred to in subparagraph (A) or (B) prior to January 1961 or, if he dies without filing such application, his death occurred prior to January 1961." 42use4i5note. ( Section 102(e)(8) of the Social Security Amendments of 1954 is amended by inserting before the period at the end thereof "but only if such individual files the application referred to in subparagraph (A) of such section prior to January 1961 or (if he dies without filing such application) his death occurred prior to January 1961". (d) Section 5(c)(1) of the Social Security Act Amendments of 42 USC 4i7note. ^^52 is amended by adding at the end thereof the following new sentence: "Notwithstanding the preceding provisions of this paragraph, the primary insurance amount of an individual shall not be recomputed under such provisions unless such individual files the application referred to in clause (A) of the first sentence of this paragraph prior to January 1961 or, if he dies without filing such application, his death occurred prior to January 1961."

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