Page:United States Statutes at Large Volume 91.djvu/1559

 PUBLIC LAW 95-216—DEC. 20, 1977

91 STAT. 1525

ability insurance benefits, or who die (before becoming eligible for such benefits), in the following calendar year. " (P) A year shall not be counted as the year of an individual's death or eligibility for purposes of this paragraph or paragraph (7) in any case where such individual was entitled to a disability insurance benefit for any of the 12 months immediately preceding the month of such death or eligibility (but there shall be counted instead the year of the individual's eligibility for the disability insurance benefits to which he was entitled during such 12 months). "(3)(A) When an individual who is entitled to benefits on the basis of the wages and self-employment income of any insured individual and to whom this subsection applies would (but for the provisions of section 202(k)(2)(A)) be entitled to child's insurance benefits for a 42 USC 402. month on the basis of the wages and self-employment income of one or more other insured individuals, the total monthly benefits to which all beneficiaries are entitled on the bases of such wages and selfemployment income shall not be reduced under this subsection to less than the smaller of— "(i) the sum of the maximum amounts of benefits payable on the basis of the wages and self-employment income of all such insured individuals, or "(ii) an amount equal to the product of 1.75 and the primary insurance amount that would be computed under section 215(a) (1) for that month with respect to average indexed monthly Jnte, p. 1514. earnings equal to one-twelfth of the contribution and benefit base determined for that year under section 230. Ante, p. 1513, "(B) When two or more persons were entitled (without the appli- Post, p. 1554. cation of section 202(j)(1) and section 223(b)) to monthly benefits Post, p. 1542. under section 202 or 22«3 for January 1971 or any prior month on the 42 USC 423. basis of the wages and self-employment income of such insured individual and the provisions of this subsection as in effect for any such month were applicable in determining the benefit amount of any persons on the basis of such wages and self-employment income, the total of benefits for any month after January 1971 shall not be reduced to less than the largest of— "(i) the amount determined under this subsection without regard to this subparagraph, "(ii) the largest amount which has been determined for any month under this subsection for persons entitled to monthly ^ benefits on the basis of such insured individual's wages and selfemployment income, or "(iii) if any persons are entitled to benefits on the basis of such wages and self-employment income for the month before the effective month (after September 1972) of a general benefit increase under this title (as defined in section 215(i)(3)) or a benefit 42 USC 415. increase under the provisions of section 215(i), an amount equal Ante, pp. 1514, to the sum of amounts derived by multiplying the benefit amount 1521.
 * determined under this title (excluding any part thereof determined under section 202(w)) for the month before such effective Post, pp. 1527,

month (including this subsection, but without the application of 1529. section 222(b), section 202(q), and subsections (b), (c), and (d) 42 USC 422. of this section), for each such person for such month, by a per- P^^^' P- 1541. centage equal to the percentage of the increase provided under such benefit increase (with any such increased amount which is not a multiple of $0.10 being rounded to the next higher multiple of $0.10);

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