Page:United States Statutes at Large Volume 91.djvu/1578

 91 STAT. 1544

PUBLIC LAW 95-216—DEC. 20, 1977 a. DELIVERY

OP BENEFIT CHECKS

"SEC. 708. (a) If the day r e ^ l a r l y designated for the delivery of benefit checks under title II or title X VI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5, United States Code) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued. " (b) If more than the correct amount of payment under title II or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 42 USC 404, 204 or 1631(b) or otherwise) to recover such payment or the incor1383. rect portion thereof.". Effective date. (b) The amendment made by subsection (a) of this section shall 42 USC 909 note. apply with respect to benefit checks the regularly designated day for delivery of which occurs on or after the thirtieth day after the date of the enactment of this Act.

42 USC 909. 42 USC 401, 1381.

REDUCED BENEFITS FOR SPOUSES RECEIVING GOVERNMENT PENSIONS

42 USC 402.

42 USC 418. 42 USC 410.

"Periodic benefit."

42 USC 402.

SEC. 334. (a)(1) Section 202(b)(2) of the Social Security Act is amended by inserting after "subsection (q)" the following: "and paragraph (4) of this subsection". (2) Section 202(b) of such Act is further amended by adding at the end thereof the following new paragraph: "(4)(A) The amount of a wife's insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) shall be reduced (but not below zero) by an amount equal to the amount of any monthly periodic benefit payable to such wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day she was employed by such entity, such service did not constitute 'employment' as defined in section 210. "(B) For purposes of this paragraph, any periodic benefit which otherwise meets the requirements of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly benefit (as determined by the Secretary) and such equivalent monthly benefit shall constitute a monthly periodic benefit for purposes of subparagraph (A). For purposes of this subparagraph, the term 'periodic benefit' includes a benefit payable in a lump sum if it is a commutation of, or a substitute for, periodic payments.". (b)(1) Section 202(c)(1) of such Act is amended— (A) by striking out subparagraph (C); ^B) by adding "and" at the end of subparagraph (B); and (C) by redesignating subparagraph (D) as subparagraph (C). (2) Section 202(c)(2) of such Act is amended to read as follows: "(2)(A) The amount of a husband's insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) shall be reduced (but not below zero) by an amount equal to the amount of any monthly periodic benefit payable to such husband for such month which is based upon his earnings while in the service of the Federal Government or any State (or political sub-

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