Page:United States Statutes at Large Volume 91.djvu/1553

 PUBLIC LAW 95-216—DEC. 20, 1977

91 STAT. 1519

delegate for the computation base year for which the determination is made. " (B) Wages paid in or self-employment income credited to an individual's computation base year which— " (i) occurs after the second calendar year specified in subparagraph (A)(ii)(I), or "(ii) is a year treated under subsection (f)(2)(C) as though it were the last year of the period specified in paragraph (2) (B)(ii), shall be available for use in determining an individual's benefit computation years, but without applying subparagraph (A) of this paragraph. " (4) For purposes of determining the average monthly wage of an individual whose primary insurance amount is computed (after 1978) under section 215(a) or 215(d) as in eifect (except with respect to the Ante, p. 1514, table contained therein) in December 1978, by reason of subsection (a) Post, p. 1520. (4)(B), this subsection as in effect in December 1978 shall remain in effect, except that paragraph (2)(C) (as then in effect) shall be deemed to provide that 'computation base years' include only calendar years in the period after 1950 (or 1936, if applicable) and prior to the year in which occurred the first month for which the individual was eligible (as defined in subsection (a)(3)(B) as in effect in January 1979) for an old-age or disability insurance benefit, or, if earlier, the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year for such purposes.". 42 USC 415. (c) Section 215(c) of such Act is amended to read as follows: "Application of Prior Provisions in Certain Cases "(c) This subsection as in effect in December 1978 shall remain in effect with respect to an individual to whom subsection (a)(1) does not apply by reason of the individual's eligibility for an old-age or disability insurance benefit, or the individual's death, prior to 1979.". (d)(1) The matter in the text of section 215(d) of such Act which Primary insurance benefit, precedes paragraph (1)(C) is amended to read as follows: "(d)(1) For purposes of column I of the table appearing in sub- computation. section (a), as that subsection was in effect in December 1977, an individual's primary insurance benefit shall be computed as follows: "(A) The individual's average monthly wage shall be determined as provided in subsection (b), as in effect in December 1977 (but without regard to paragraph (4) thereof), except that for purposes of paragraphs (2)(C) and (3) of that subsection (as so in effect) 1936 shall be used instead of 1950. "(B) For purposes of subparagraphs (B) and (C) of subsection (b)(2) (as so in effect)— "(i) the total wages prior to 1951 (as defined in subparagraph (C) of this paragraph) of an individual who attained age 21 after 1936 and prior to 1950 shall be divided by the number of years (hereinafter in this subparagraph referred to as the 'divisor') elapsing after the year in which the individual attained age 20 and prior to 1951; and "(ii) the total wages prior to 1951 (as defined in subparagraph (C) of this paragraph) of an individual who attained age 21 after 1949 shall be divided by the number of years (hereinafter in this subparagraph referred to as the 'divisor') elapsing after 1949 and prior to 1951.

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