Page:United States Statutes at Large Volume 91.djvu/1552

 91 STAT. 1518

PUBLIC LAW 95-216—DEC. 20, 1977

"(2)(A) The number of an individual's benefit computation years equals the number of elapsed years, reduced by five, except that the number of an individual's benefit computation years may not be less than two. Definitions. "(B) For purposes of this subsection with respect to any individual— " (i) the term 'benefit computation years' means those computation base years, equal in number to the number determined under subparagraph (A), for which the total of such individual's wages and self-employment income, after adjustment under paragraph (3), is the largest; "(ii) the term 'computation base years' means the calendar years after 1950 and before— " (I) in the case of an individual entitled to old-age insurance benefits, the year in which occurred (whether by reason Post, p. 1542. of section 202(j)(1) or otherwise) the first month of that entitlement; or " ( II) in the case of an individual who has died (without having become entitled to old-age insurance benefits), the year succeeding the year of his death; except that such term excludes any calendar year entirely included in a period of disability; and "(iii) the term 'number of elapsed years' means (except as otherwise provided by section 104(j)(2) of the Social Security 42 USC 414 note. Amendments of 1972) the number of calendar years after 1950 (or, if later, the year in which the individual attained age 21) and before the year in which the individual died, or, if it occurred earlier (but after 1960), the year in which he attained age 62; except that such term excludes any calendar year any part of which is included in a period of disability. " (3)(A) Except as provided by subparagraph (B), the wages paid in and self-employment income credited to each of an individual's computation base years for purposes of the selection therefrom of benefit computation years under paragraph (2) shall be deemed to be equal to the product of— " (i) the wages and self-employment income paid in or credited to such year (as determined without regard to this subparagraph), and " (ii) the quotient obtained by dividing— " (I) the average of the total wages (as defined in regulations of the Secretary and computed without regard to the 42 USC 409. limitations specified in section 209(a)) reported to the Secretary of the Treasury or his delegate for the second calendar year (after 1976) preceding the earliest of the year of the individual's death, eligibility for an old-age insurance benefit, or eligibility for a disability insurance benefit (except that the year in which the individual dies, or becomes eligible, shall not be considered as such year if the individual was entitled to disability insurance benefits for any month in the 12-month period immediately preceding such death or eligibility, but there shall be counted instead the year of the individual's eligibility for the disability insurance benefit to which he was entitled in such 12-month period), by " ( II) the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his

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