Page:United States Statutes at Large Volume 82.djvu/61

 82 STAT. ]

PUBLIC LAW 90-*257-FEB. 15, 1968

entitled to wives'insurance benefits determined under section 202(q) of the Social Security Act; and, for the purposes of this subsecticm, any possible deductions nnder subsections (g) and (h)(2) of section 42 USC 403. 203 of the Social Security Act shall be disregarded. "Notwithstanding the provisions of section 202(q) of the Social Security Act, the amount determined under the proviso in the first 42 USC 402. paragraph of this subsection for a widow or widower who is or has been entitled to an annuity under section 5(a)(2) of this Act, shall be equal to 90.75 per centum of the primary insurance amount (reduced in accordance with section 203(a) of the Social Security Act) of the employee as determined under this subsection, and the amount so determined shall be reduced by three-tenths of 1 per centum for each month the annuity would be subject to a reduction under section 5 (a)(2) of this Act (adjusted upon attainment of age 60 in the same manner as an annuity under section 5(a)(1) of this Act which, before attainment of age 60, had been payable under section 5(a)(2) of this Act); and the amount so determined shall be reduced by the amount of any benefit under title II of the Social Security Act to which she or 42 USC 401, he is, or on application would be, entitled. "In cases where an annuity under this Act is not payable under the first proviso in the first paragraph of this subsection on the date of enactment of the Social Security Amendments of 1967, the primary 81 Stat. 821. insurance amount used in determining the applicability of such proviso shall, except in cases where the employee died before 1939, be derived after deeming the individual on whose service and compensation the annuity is based (i) to have become entitled to social security benefits, or (ii) to have died without being entitled to such benefits, after the date of the enactment of the Social Security Amendments of 1967. For this purpose, the provision of section 215(b)(3) of the Social Security Act that the employee must have reached age 65 (62 in the case of a 42 USC 415. woman) after 1960 shall be disregarded and there shall be substituted for the nine-year period prescribed in section 215(d)(1)(B)(i) of the Social Security Act, the number of years elapsing after 1936 and up to 81 Stat. 864. the year of death if the employee died before 1946," Annuities SEC. 105. (a) Section 5(a) of the Railroad Retirement Act of 1937 survivors. for is amended by inserting " (1) " before "A widow''; by inserting before 60 Stat. 729; Stat. the colon the following: ", except that if the widow or widower will 6545 u s e685. 228e. have b ^ n paid an annuity under paragraph (2) of this subsection the annuity for a month under this paragraph shall be in an amount equal to the amount calculated under such paragraph (2) except that, in such calculation, any month with respect to which an annuity under paragraph (2) is not paid shall be disregarded"; and by inserting at the end thereof the following new paragraph: "(2) A widow or widower of a completely insured employee who will have attained the age of fifty but will not have attained age sixty and is under a disability, as defined in this paragraph, and such disability began before the end of the period prescribed in the last sentence of this paragraph, shall be entitled to an annuity for each month, unless she or he has remarried in or before such month, equal to such employee's basic amount but subject to a reduction by three-tenths of 1 per centum for each calendar month she or he is under age sixty when the annuity begins. A widow or widower shall be under a dis-

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