Page:United States Statutes at Large Volume 79.djvu/441

 79 STAT. ]

PUBLIC LAW 89-97-JULY 30, 1965

(d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act^ (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205 (g^ of the Social Security Act before the date of enactment of this Act, applications as to which there has been no final judicial decision before the date of enactment of this Act.

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UNDERPAYMENTS

SEC. 329. Section 204 of the Social Security Act is amended by ^^ use 404. adding at the end thereof the following new subsection: " (d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— "(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same;household with the deceased at the time of his death, or "(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual." PAYMENTS TO TWO OR MORE INDIVIDUALS OF THE SAME FAMILY

SEC. 330. Section 205(n) of the Social Security Act is amended to read as follows: " (n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month." VALIDATING CERTIFICATES FILED BY MINISTERS

SEC. 331. (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employ- ^^ Stat. loss. ment income m the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: "(5)

OPTIONAL PROVISION FOR CERTAIN CERTIFICATES FILED ON OR

BEFORE APRIL 15, 1967.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual

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