Page:United States Statutes at Large Volume 79.djvu/408

 368

Ante, p. 367.

70 Stat. 815. 42 USC 423.

S3 Stat. 1370. 42 USC 405.

42 USC 401.

PUBLIC LAW 89-97-JULY 30, 1965

[79 SlA_T.

(f)(1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 3cxiial Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made b j subsections (a) and (b) for months before the second month following the month m which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. PAYMENT OF DISABILITY INSURANCE BENEFFTS AFTER ENTITT^MENT TO OTHER MONTHLY INSURANCE BENEFITS

64 Stat. 487. 42 USC 402.

75 Stat. 131; Post, p. 374.

SEC. 304. (a) Section 202(k) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month." (b) The heading of section 202(q) of such Act is amended to read as follows: "Reduction of Old-Age, Disability, Wife's, Husband's, or Widow's Insurance Benefit Amounts" (c) Section 202(q) of such Act is further amended by renumbering paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (3), (4), (6), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: "(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance

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