Page:United States Statutes at Large Volume 80 Part 1.djvu/104

 68

PUBLIC LAW 89-368-MAR. 15, 1966

42 USC 41^0.

[80 STAT.

"(3) is a resident of the United States (as defined in subsection (e)), and is (A) a citizen of the United States or (B) an alien lawfully admitted for permanent residence who has resided i^ the United States (as defined in section 210(i)) continuously during the 5 years immediately preceding the month in which he files application under this section, and "(4) has filed application for benefits under this section, shall (subject to the limitations in this section) be entitled to a benefit under this section for each month beginning with the first month after September 1966 in which he becomes so entitled to such benefits and ending with the month preceding the month in which he dies. 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), and (3) shall be accepted as an application for purposes of this section. "Benefit Amount " (b)(1) Except as provided in paragraph (2), the benefit amount to which an individual is entitled under this section for any month shall be $35. "(2) If both husband and w'ife are entitled (or upon application would be entitled) to benefits under this section for any month, the amount of the husband's benefit for such month shall be $35 and the amount of the wife's benefit for such month shall be $17.50. "Seduction for Governmental Pension System Benefits " (c)(1) The benefit amount of any individual under this section for any month shall be reduced (but not below zero) by the amount of any periodic benefit under a governmental pension system for which he is eligible for such month. " (2) In the case of a husband and wife only one of whom is entitled to benefits under this section for any month, the benefit amount, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (A) the total amount of any periodic benefits under governmental pension systems for which the spouse who is not entitled to benefits under this section is eligible for such month, over (B) $17.50. "(3) In the case of a husband and wife both of whom are entitled to benefits under this section for any month— " (A) the benefit amount of the wife, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the husband is eligible for such month, over (ii) $35, and " (B) the benefit amount of the husband, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the wife is eligible for such month, over (ii) $17.50. "(4) For purposes of this subsection, in determining whether an individual is eligible for periodic benefits under a governmental pension system— " (A) such individual shall be deemed to have filed application for such benefits, " (B) to the extent that entitlement depends on an application by such individual's spouse, such spouse shall be deemed to have filed application, and

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