Page:United States Statutes at Large Volume 91.djvu/1579

 PUBLIC LAW 95-216—DEC. 20, 1977

91 STAT. 1545

division thereof, as defined in section 218(b)(2)) if, on the last day 42 USC 418. he was employed by such entity, such service did not constitute 'employment' as defined in section 210. Post, p. 1549. "(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 montKly benefit shall constitute a monthly periodic benefit for purposes of subparagraph (A). For purposes of this sub- "Periodic paragraph, the term 'periodic benefit' includes a benefit payable in a benefit." lump sum if it is a commutation of, or a substitute for, periodic payments.''. (3) Section 202(c)(3) of such Act is amended by inserting after 42 USC 402. "subsection (q)" the following: "and paragraph (2) of this subsection". (c)(1) Section 202(e)(2)(A) of such Act (as amended by section 204(a) of this Act) is amended by striking out "paragraph (4)" in the first sentence and inserting in lieu thereof "paragraphs (4) and (8)". (2) Section 202(e) of such Act is further amended by adding at the end thereof the following new paragraph: "(8)(A) The amount of a widow's insurance benefit for each month as determined (after application of the provisions of subsections (q) and (k), paragraph (2)(B), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to the amount of any monthly periodic benefit payable to such widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or any 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, "Periodic the term 'periodic benefit' includes a benefit payable in a lump sum benefit." if it is a commutation of, or a substitute for, periodic payments.". 42 USC 402. (d)(1) Section 202(f)(1) of such Act is amended— (A) by striking out subparagraph (D); and (B) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E),and (F),respectively. (2) Section 202(f)(2) of such Act is amended to read as follows: "(2)(A) The amount of a widower's insurance benefit for each month (as determined after application of the provisions of subsections (k) and (q), paragraph (3)(B), and paragraph (5)) shall be reduced (but not below zero) by an amount equal to the amount of any monthly periodic benefit payable to such widower for such month which is based upon his earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 218(b)(2)) if, on the last day he 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

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