Page:United States Statutes at Large Volume 91.djvu/1563

 PUBLIC LAW 95-216—DEC. 20, 1977 the application of subsection (j)(l)) entitled to a monthly benefit under this section for that month on the basis of such wages and self-employment income, the individual's benefit amount for that month, prior to reduction under subsection (k)(3), shall not be less than that provided by subparagraph (C)(i)(I) of section 215(a)(1) and increased under section 215(i) for months after May of the year in which the insured individual died as though such benefit were a primary insurance amount.". (b) Section 202(w) of such Act (as amended by section 203 of this Act) is further amended— (1) by inserting after "section 215(a)(3)" in paragraph (1) (in the matter preceding subparagraph (A)) the following: "as in effect in December 1978 or section 215(a)(1)(C)(i) (II) as in effect thereafter"; (2) by inserting "as in effect in December 1978, or section 215 (a)(i)(C)(i) (II) as in effect thereafter," after "paragraph (3) of section 215(a) " in paragraph (5); and (3) by inserting " (whether before, in, or after December 1978)" after "determined under section 215(a)" in paragraph (5). (c) Section 217(b)(1) of such Act is amended by inserting "as in effect in December 1978" after "section 215(c)" each place it appears, and after "section 215(d)". (d) Section 224(a) of such Act is amended by inserting "(determined under section 215(b) as in effect prior to January 1979)" after "(A) the average monthly wage" in the sentence immediately following paragraph (8). (e) Section 1839(c)(3)(B) of such Act is amended to read as follows: "(B) the monthly premium rate most recently promulgated by the Secretary under this paragraph, increased by a percentage determined as follows: The Secretary shall ascertain the primary insurance amount computed under section 215(a)(1), based upon average indexed monthly earnings of $900, that applied to individuals who became eligible for and entitled to old-age insurance benefits on May 1 of the year of the promulgation. He shall increase the monthly premium rate by the same percentage by which that primary insurance amount is increased when, by reason of the law in effect at the time the promulgation is made, it is so computed to apply to those individuals on the following May 1.".

91 STAT. 1529 Post, p. 1542.

Ante, p. 1527. Ante, p. 1514.

42 USC 417. Post, p. 1553. 42 USC 424a. 42 USC 1395r.

EFFECTrVE DATE

SEC. 206. The amendments made by the provisions of this title other 42 USC 402 note, than sections 201(d), 204, and 205(a) shall be effective with respect to monthly benefits under title II of the Social Security Act payable for 42 USC 401. months after December 1978 and with respect to lump-sum death payments with respect to deaths occurring after such month. The amendments made by section 201(d) shall be effective with respect to monthly benefits of an individual who becomes eligible for an old-age or disability insurance benefit, or dies, after December 1977. The amendments made by section 204 shall be effective with respect to monthly benefits for months after May 1978. The amendment made by section 205(a) shall be effective with respect to monthly benefits payable for months after December 1978 based on the wages and self-employment income of individuals who die after December 1978.

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