Page:United States Statutes at Large Volume 86.djvu/1391

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

(2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202(g) as a surviving divorced mother (as defined in section 216(d)(3)) for a month after December 1972 on the basis of such wages and selfemployment income, and (3) the total of benefits to which all persons are entitled under such section 202 and 223 on the basis of such wages and selfemployment income for any month after December 1972 is reduced by reason of section 203(a) of such Act as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled beginning with the first month after December 1972 for which any person referred to in paragraph (2) becomes entitled shall be adjusted, after the application of such section 203(a), to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph

1349 Ante, p. 1348. 79 Stat. 377. 42 USC 4 1 6.

42 USC 402, 423. Ante, pp. 1334, 1340; Post, p. 1370.

WAIVER OF D U R A T I O N - O F - RELATIONSHIP REQUIREMENT FOR W^DOW, W I D OWER, OR S T E P C H I L D I N CASE OF REMARRIAGE TO THE SAME I N D IV I D U A L

SEC. 115. (a) The heading of section 216(k) of the Social Security Act is amended by adding at the end thereof ", or in Case of Remarriage to the Same Individual". (b) Section 216(k) of such Act is amended by striking out "if his death—" and all that follows and inserting in lieu thereof "if— "(1) his death— " (A) is accidental, or ^ " (B) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), and he would satisfy such requirement if a three-month period were substituted for- the nine-month period, or "(2)(A) the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or " (B) the steochild of such individual had been the stepchild of such individual during a previous marriage of such stepchild's parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; except that this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1)(A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries."' (c) The amendments made by this section shall apply only with respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacte<l.

81 Stat. 866; Post, p. 1370. 42 USC 416.

42 USC 410.

Effective date. 53 Stat. 1362. 42 USC 4 0 1.

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