Page:United States Statutes at Large Volume 91.djvu/1555

 PUBLIC LAW 95-216—DEC. 20, 1977

91 STAT. 1521

(B) For the purpose of applying subparagraph (A) of subsection (a)(1) to the average indexed monthly earnings of an individual to whom that subsection applies and who receives a recomputation under this paragraph, there shall be used, in lieu of the amounts established by subsection (a)(1)(B) for purposes of clauses (i) and (ii) of subsection (a)(1)(A), the amounts so established that were (or, in the case of an individual described in subsection (a)(4)(B), would have been) used in the computation of such individual's primary insurance amount prior to the application of this subsection. "(C) A recomputation of any individual's primary insurance amount under this paragraph shall be made as provided in subsection (a)(1) as though the year with respect to which it is made is the last year of the period specified in subsection (b)(2)(B) ( i i); and subsection (b)(3)(A) shall apply with respect to any such recomputation as it applied in the computation of such individual's primary insurance amount prior to the application of this subsection. " (D) A recomputation under this paragraph with respect to any year shall be effective— "(i) in the case of an individual who did not die in that year, for monthly benefits beginning with benefits for January of the following year; or "(ii) in the case of an individual who died in that year, for monthly benefits beginning with benefits for the month in which he died.". (2) Section 215(f)(3) of such Act is repealed. Repeal. (3) Section 215(f)(4) of such Act is amended to read as follows: 42 USC 415. " (4) A recomputation shall be effective under this subsection only if it increases the primary insurance amount by at least $1.". (4) Section 215(f) of such Act is further amended by adding at the end thereof the following new p a r a ^ a p h s: "(7) This subsection as in effect m December 1978 shall continue to apply to the recomputation of a primary insurance amount computed under subsection (a) or (d) as in effect (without regard to the table in subsection (a)) in that month, and, where appropriate, under subsection (d) as in effect in December 1977. For purposes of recomputing a primary insurance amount determined under subsection (a) or (d) (as so in effect) in the case of an individual to whom those subsections apply by reason of subsection (a)(4)(B) as in effect after December 1978, no remuneration shall be taken into account for the year in which the individual initially became eligible for an old-age or disability insurance benefit or died, or for any year thereafter. "C8) The Secretary shall recompute the primary insurance amounts applicable to beneficiaries whose benefits are based on a primary insurance amount which was computed under subsection (a)(3) effective prior to January 1979, or would have been so computed if the dollar amount specified therein were $11.50. Such recomputation shall be effective January 1979, and shall include the effect of the increase in the dollar amount provided by subsection (a)(1)(C)(i) ( II). Such primary insurance amount shall be deemed to be provided under such section for purposes of subsection (i).". (g)(1) Section 215(i)(2)(A) (ii) of such Act is amended to read as Cost-of-living follows:

computation

"(ii) If the Secretary determines that the base quarter in any year quarter, is a cost-of-living computation quarter, he shall, effective with the month of June of that year as provided in subparagraph (B), increase—

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