Page:United States Statutes at Large Volume 94 Part 2.djvu/985

 PUBLIC LAW 96-473—OCT. 19, 1980

94 STAT. 2263

Public Law 96- •473 96th Congress An Act To amend the Social Security Act with respect to the retirement test, to reduce spending under title II of the Social Security Act, and for other purposes.

Oct. 19, 1980 [H.R. 5295]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Social Security Act, amendment. PROVISION RELATING TO AVAILABILITY OF MONTHLY EARNINGS TEST SECTION

1. (a)(1) Section 203(f)(1) of the Social Security Act is 42 USC 403.

amended— (A) by striking out "or" immediately before clause (E), and (B) by inserting before the period at the end thereof the following: ", or (F) in which such individual did not engage in selfemployment and did not render services for wages (determined as provided in paragraph (5) of this subsection) of more than the applicable exempt amount as determined under paragraph (8), in the case of an individual entitled to benefits under section 2020?) 42 USC 402. (but only by reason of having a child in her care within the meaning of paragraph (1)(B) of that subsection) or under section 202 (d) or (g), if such month is in a year in which such entitlement ends for a reason other than the death of such individual, and such individual is not entitled to any benefits under this title for the month following the month during which such entitlement under section 202(b), (d), or (g) ended". (2) Section 203(f)(2) of such Act is amended by striking out "(D), and (E)" and inserting in lieu thereof "(D), (E), and (F)". O> The amendments made by subsection (a) shall apply with 42 USC 403 note. t) respect to monthly benefits payable for months after December 1977. MEDICARE ENTITLEMENT

SEC. 2. (a) Section 226(a)(2) of the Social Security Act is amended by inserting after "section 202" the following: ", or would be entitled to those benefits except that he has not filed an application therefor (or application has not been made for a benefit the entitlement to which for any individual is a condition of entitlement therefor) and, in conformity with regulations of the Secretary, files an application for hospital insurance benefits under part A of title XVIII,". (b) Section 1811(1) of such Act is amended by striking out "are entitled to" and inserting in lieu thereof "are eligible for". (c) For purposes of section 226 of such Act as amended by subsection (a) of this section, an individual who filed an application for monthly insurance benefits under section 202 of such Act prior to the effective date of the amendment made by subsection (a) shall be deemed to have filed an application for hospital insurance benefits under part A of title XVIII of such Act, at the time he applied for such benefits under section 202 regardless of the continuing status or effect of the application for benefits under section 202, if he would have been

42 USC 426.

42 USC 1395c. 42 USC I395c. 42 USC 426 note, 42 USC 402.

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