Page:United States Statutes at Large Volume 79.djvu/373

 79 STAT. ]

PUBLIC LAW 89-97-JULY 30, 1965

333

T R A N S I T I O N A L PROVISION ON E L I G I B I L I T Y OF P R E S E N T L Y U N I N S U R E D I N D IV I D U A L S FOR H O S P I T A L INSURANCE B E N E F I T S

SEC. 103. (a) Anyone who— (1) has attained the age of 65, (2)(A) attained such age before 1968, or (B) has not less than 3 quarters of coverage (as defined in title II of the Social Security Act or section 6(1) of the Kailroad Retirement Act of ^2 USC 4oi. 1937), whenever acquired, for each calendar year elapsing after ^° ^*g^- '^^^^ 1965 and before the year in which he attained such age, (3) is not, and upon filing application for monthly insurance benefits under section 202 of the Social Security Act would not ^2 USC 40 2. be, entitled to hospital insurance benefits under section 226 of ^"'^' P- 29O. such Act, and is not certifiable as a qualified railroad retirement beneficiary under section 21 of the Railroad Retirement Act of 1937 (as added by section 105(a) of this Act), (4) is a resident of the United States (as defined in section 210(i) of the Social Security Act), and is (A) a citizen of the 74 Stat. 937. United States or (B) an alien lawfully admitted for permanent residence who has resided in the United States (as so defined) continuously during the 5 years immediately preceding the month in which he files application under this section, and (5) has filed an application under this section in such manner and in accordance with such other requirements as may be prescribed in regulations of the Secretary, shall (subject to the limitations in this section) be deemed, solely for purposes of section 226 of the Social Security Act, to be entitled to monthly insurance benefits under such section 202 for each month, beginning with the first month in which he meets the requirements of this subsection and ending with the month in which he dies, or, if earlier, the month before the month in which he becomes (or upon filing application for monthly insurance benefits under section 202 of such Act would become) entitled to hospital insurance benefits under section 226 or becomes certifiable as a qualified railroad retirement beneficiary. An individual who would have met the preceding requirements of this subsection in any month had he filed application under paragraph (5) hereof before the end of such month shall be deemed to have met such requirements in such month if he files such application before the end of the twelfth month following such month. No application under this section which is filed by an individual more than 3 months before the first month in which he meets the requirements of paragraphs (1), (2), (3), and (4) shall be accepted as an application for purposes of this section. (b) The provisions of subsection (a) shall not apply to any individual who— (1) is, at the beginning of the first month in which he meets the requirements of subsection (a), a member of any organization referred to in section 210(a) (17) of the Social Security Act, ^o Stat. 839. (2) has, prior to the be^innin^ of such first month, been convicted of any offense listed m section 202(u) of the Social Security Act, or Pose, p. 334. (3)(A) at the beginning of such first month is covered by an enrollment in a health benefits plan under the Federal Employees Health Benefits Act of 1959, s^ulc'sJo f' (B) was so covered on February 16, 1965, or note.

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