Page:United States Statutes at Large Volume 91.djvu/1562

 91 STAT. 1528

PUBLIC LAW 95-216—DEC. 20, 1977

42 USC 402. 42 USC 415.

(b) Section 202(e)(2)(B)(i) of such Act is amended by inserting "and section 215(f)(5) or (6) were applied, where applicable," after "living". Post, pp. 1546, (c) Section 202(f)(3)(A) of such Act is amended (1) by inserting 42 USC 402 "^^? determined after application of the following sentence)" after "primary insurance amount", and (2) by adding at the end thereof the following new sentence: "If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w), then, for purposes of this subsection, such individual's primary insurance amount, if less than the old-age insurance benefit (increased, where 42 USC 415. applicable, under section 215(f)(5) or (6) and under section 215(i) f ro^i ^P' ^^^^' as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of such subsection (w).". 42 USC 402. (d) Section 202(f)(3)(B)(i) of such Act is amended by inserting "and section 215(f)(5) or (6) were applied, where applicable," after "living". (e) Section 203(a) of such Act (as amended by section 202 of this Ante, p. 1524. Act) is further amended by adding at the end thereof the following new paragraph: "(8) When— "(A) one or more persons were entitled (without the applicaPost, p. 1542. tion of section 202(j)(1)) to monthly benefits under section 202 for May 1978 on the basis of the wages and self-employment income of an individual, "(B) the benefit of at least one such person for June 1978 is increased by reason of the amendments made by section 204 of the Social Security Amendments of 1977; and "(C) the total amount of benefits to which all such persons are 42 USC 402. entitled under such section 202 are reduced under the provisions of this subsection (or would be so reduced except for the first Ante, p. 1526. sentence of section 203(a)(4)), then the amount of the benefit to which each such person is entitled for months after May 1978 shall be increased (after such reductions are made under this subsection) to the amount such benefits would have been if the benefit of the person or persons referred to in subparaSupra. graph (B) had not been so increased.". CONFORMING AMENDMENTS

42 USC 402.

SEC. 205. (a) Section 202(m)(l) of the Social Security Act is amended to read as follows: "(1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of a primary insurance amount Ante, pp. 1514, computed under section 215(a) or (d), as in effect after December ^^20. 1978, on the basis of the wages and self-employment income of a deceased individual for any month and no other person is (without

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