Page:United States Statutes at Large Volume 80 Part 1.djvu/1120

 1084

65^stat^68?^' 45 USC 228e.

72 Stat. 1778. 45 USC 228c, 42 USC 416,

79 Stat. 371, 42 USC 402.

^"P""^'

45 u^c' 2^2^!^

PUBLIC LAW 89-700-OCT. 30, 1966

[80 STAT.

disability began before the child attains age eighteen; and" and inserting in lieu thereof the following: "and— " (A) shall be less than eighteen years of age; or " (B) shall be less than twenty-two years of age and a full-time student at an educational institution (determined as prescribed in this paragraph); or " (C) shall, without regard to his age, be unable to engage in any regular employment by reason of a permanent physical or mental condition which began before he attained age eighteen, and". (^) Section 5(1)(1) of such Act is further amended (i) by inserting before'the period at the end of the second sentence thereof the following: ", or if such widow or widower would be paid benefits, as such, under title II of the Social Security Act but for the fact that the employee died insured under this x\ct''; (ii) by inserting after "subsection (f) of section 2" in the fourth sentence thereof the following: "and subsection (f) of section 3 ' '; (iii) by inserting after such fourth sentence the following new sentence: "In determining for purposes of this section and subsection (f) of section 3 whether an applicant is the grandchild, brother, or sister of an employee as claimed, the rules set forth in section 216(h)(1) of the Social Security Act, as in effect prior to 1957, shall be applied the same as if such persons were included in such section 216(h)(1)."; (iv) by changing the semicolon at the end thereof to a period and inserting thereafter the following: "The provisions of paragraph (8) of section 202(d) of the Social Security Act (defining the terms 'full-time student' and 'educational institution") shall be applied by the Board in the administration of this section as if the references therein to the Secretary were references to the Board. For puiposes of the last sentence of subsection (j) of this section, a child entitled to a child's insurance annuity only on the basis of being a full-time student described in clause (ii)(B) of this paragraph shall cease to be qualified therefor in the first month during no part of which he is a full-time student, or the month in which he attains age 22, whichever first occurs. A child whose entitlement to a child's insurance annuity, on the basis of the compensation of an insured individual, terminated with the month preceding the month in which such child attained age eighteen, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of twenty-two, if he has filed an application for such rentitlement."; and (v) by striking out the semicolon from the end of paragraphs " (2) ' ', " (3) ", " (5) ", " (7) ", and " (9) " and inserting in lieu thereof a period. (k) Section 5(1)(9) of such Act is amended by inserting after the last sentence of the first paragraph thereof the following new sentence: "In any case where credit is claimed for months of service within two years prior to the death of the employee who rendered such service, with respect to which the employer's return pursuant to section 8 of this Act has not been entered on the records of the Board before a benefit under this section could otherwise be certified for payment, the Board may, hi its discretion (subject to subsequent adjustment at the request of the survivor) include the compensation for such months in the computation of the benefit without further A'erification and may consider the compensation for such months to be the average of the compensation for months in the last period for which the employer has filed a return of the compensation of such employee."

�