Page:United States Statutes at Large Volume 91.djvu/1581

 PUBLIC LAW 95-216—DEC. 20, 1977

91 STAT. 1547

defined in section 218(b)(2) of the Social Security Act); and 42 USC 418. (B) who at time of application for or initial entitlement to such monthly insurance benefit under such subsection (b), (c), (e), (f), or (^) meets the requirements of that subsection as it was in effect and bein^ administered in January 1977. (2) For purposes of paragraph (1)(A), an individual is eligible Eligibility, for a monthly periodic benefit for any month if such benefit would be payable to such individual for that month if such individual were not employed during that month and had made proper application for such benefit. (3) If any provision of this subsection, or the application thereof Separability, to any person or circumstance, is held invalid, the remainder of this section shall not be affected thereby, but the application of this subsection to any other persons or circumstances shall also be considered invalid. SUBSTANTIAL GAINFUL ACTIVITY I N CASE OF BLIND INDIVIDUALS

SEC. 335. Section 223(d)(4) of the Social Security Act is amended 42 USC 423. by inserting after the first sentence the following new sentence: "No individual who is blind shall be regarded as having demonstrated an ability to engage in substantial gainful activity on the basis of earnings that do not exceed the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof.". Ante, p. 1530. REMARRIAGE OF WIDOWS AND WIDOWERS

SEC. 336. (a)(1) Section 202(e)(2)(A) of the Social Security Act (as amended by sections 204(a) and 334(c)(1) of this Act) is amended by striking out "paragraphs (4) and (8)" and inserting in lieu thereof "paragraph (8)". (2) Section 202(e)(3) of such Act is amended by striking out "In the case of a widow or surviving divorced wife who marries" in the matter preceding subparagraph (A) and inserting in lieu thereof "If a widow, before attaining age 60, or a surviving divorced wife, marries". (3) Section 202(e)(4) of such Act is amended to read as follows: "(4) If a widow, after attaining age 60, marries, such marriage shall, for purposes of paragraph (1), be deemed not to have occurred.". (b)(1) Section 202(f)(3)(A) of such Act (as amended by sections 204(c) and 334(d)(3) of this Act) is further amended by striking out "paragraphs (2) and (5)" and inserting in lieu thereof "paragraph (2). (2) Section 202(f)(4) of such Act is amended by striking out "In the case of a widower who remarries" in the matter preceding subparagraph (A) and inserting in lieu thereof "If a widower, before attaining age 60, remarries". (3) Section 202(f)(5) of such Act is amended to read as follows: "(5) If a widower, after attaining age 60, marries, such marriage shall, for purposes of paragraph (1), be deemed not to have occurred." (c)(1) The amendments made by this section shall apply only with respect to monthly benefits payable under title II of the Social Security Act for months after December 1978, and, in the case of individuals who are not entitled to benefits of the type involved for December 1978, only on the basis of applications filed on or after January 1, 1979.

Ante, pp. 1527, 1544.

42 USC 402.

Ante, pp. 1528, 1546.

Effective date. 42 USC 402 note. 42 USC 401.

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