Page:United States Statutes at Large Volume 79.djvu/443

 79

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PUBLIC LAW 89-97-JULY 30, 1965

403

ments of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any ^^ "^^ '*°^prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this 7 ^ stat!*i4i!'' 5 Act shall be applicable with respect to any certificate filed pursuant 26 USC 1402. thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. DETERMINATION OF ATTORNEYS' FEES I N COURT PROCEEDINGS UNDER TITLE II

SEC. 332. The heading of section 206 of the Social Security Act H l^^^ l^^is amended to read "REPRESENTATION OF CLAIMANTS". Such section is further amended by inserting " (a) " after "SEC. 206." and by adding at the end of such section the following new subsection: "(b)(1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for pay- ^"^ "^^ '*"^5ment to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may Ibe payable or certified for payment for such representation except as provided in this paragraph. "(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both." CONTINUATION oi' WIDOW's AND W I D O W E R ' S INSURANCE BENEFITS APIER REMARRIAGE

SEC. 333. (a)(1) Subsection (e) of section 202 of the Social Security Act, as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: "(4) If a widow, after attaining the age of 60, marries an individual (other than one described m subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow's insur- 37^"'°' ^^' ^'^'

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