Page:United States Statutes at Large Volume 79.djvu/446

 406

PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

REDUCTION OF BENEFITS ON RECEIPT OF W O R K M E N ' S COMPENSATION

42 USC 401. 42 u'sc 423^.'

SEC. 335. Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: " REDUCTION OF BENEFITS BASED ON DISABILITY ON ACCOUNT OF RECEIPT OF W O R K M E N ' S COMPENSATION

42 u*sc 402^'

"SEC 224. (a) If for any month prior to the month in which an individual attains the age of 62— "(1) such individual is entitled to benefits under section 223, and "(2) such individual is entitled for such month, under a workmen's compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, the total of his benefits under section 223 for such month and of an benefits under section 202 for such month based on his wages and sel employment income shall be reduced (but not below zero) by the amount by which the sum of— "(3) such total of benefits under sections 223 and 202 for such month, and "(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen's compensation law or plan, exceeds the nigher of— "(5) 80 per centum of his 'average current earnings', or "(6) the total of such individuals disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wa^es and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) reduce such total below the sum of— "(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual's wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and "(8) any increfise in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual's average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total of his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest.

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