Page:United States Statutes at Large Volume 94 Part 2.djvu/986

 94 STAT. 2264

PUBLIC LAW 96-473—OCT. 19, 1980

entitled to benefits under that section had such application remained in effect. 42 USC 426 note. (d) The amendments made by subsections (a) and (b) shall be effective after the second month beginning after the date on which this Act is enacted. INCOME NOT ATTRIBUTABLE TO SERVICES PERFORMED AFTER ENTITLEMENT

42 USC 403.

SEC. 3. (a) Section 203(f)(5)(D) of the Social Security Act is amended to read as follows: "(D) In the case of— "(i) an individual who has attained the age of 65 on or before the last day of the teixable year, and who shows to the satisfaction of the Secretary that he or she is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he or she attained such age and that the property to which the cop3rright or patent relates was created by his or her own personal efforts, or "(ii) an individual who has become entitled to insurance benefits under this title, other than benefits under section 42 USC 423, 402. 223 or benefits payable under section 202(d) by reason of being under a disability, and who shows to the satisfaction of the Secretary that he or she is receiving, in a year after his or her initial year of entitlement to such benefits, any other income not attributable to services performed after the month in which he or she initially became entitled to such benefits, there shall be excluded from gross income any such royalties or other income.". 42 USC 403 note. (b) The amendment made by subsection (a) shall apply with respect to taxable years ending after December 31, 1977, but only with respect to benefits payable for months after December 1977. RETROSPECTIVE EFFECT OF E U M I N A T I O N O F MONTHLY EARNINGS TEST

42 USC 403.

SEC. 4. (a) Section 203(f)(1) of the Social Security Act is amended by striking out "the first month" in clause (E) and inserting in lieu thereof "the first month after December 1977". 42 USC 403 note. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable for months after December 1977. BENEFITS FOR CERTAIN PRISONERS

42 USC 423.

S E C 5. (a)(1) Section 223(d) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(6)(A) Notwithstanding any other provision of this title, any physical or mental impairment which arises in connection with the commission by an individual (after the date of the enactment of this paragraph) of an offense which constitutes a felony under applicable law and for which such individusil is subsequently convicted, or which is aggravated in connection with such an offense (but only to the extent so aggravated), shall not be considered in determining whether an individual is under a disability. "(B) Notwithstanding any other provision of this title, any physical or mental impairment which arises in connection with an individual's confinement in a jail, prison, or other penal institution or correctional facility pursuant to such individual's conviction of an

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