Page:United States Statutes at Large Volume 95.djvu/655

 PUBLIC LAW 97-35—AUG. 13, 1981 (4) by adding at the end thereof the following new subdivision (4): "(4) The 'divorced wife' (as defined in section 216(d) of the Social Security Act) of an individual, if— (i) such individual (A) is entitled to an annuity under subsection (a)(1) and (B) has attained the age 62; "(ii) such divorced wife (A) has attained the age of 65 and (B) is not married; and "(iii) such divorced wife would have been entitled to a benefit under section 202(b) of the Social Security Act as the divorced wife of such individual if all of such individual's service as an employee after December 31, 1936, had been included in the term 'employment' as defined in that Act; shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to a divorced wife's annuity, if she has filed an application therefor, in the amount provided under section 4 of this Act". (c) Section 2(d) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "and" at the end of subdivision (I)(iii); (2) by striking out the period at the end of subdivision (l)(iv) and inserting in lieu thereof "; and"; and (3) by adding at the end of subdivision (1) the following new paragraph: "(v) The widow (as defined in section 216(c) of the Social Security Act), who is married, or has been married after the death of the employee, the surviving divorced wife (as defined in section 216(d) of the Social Security Act), and a surviving divorced mother (as defined in section 216(d) of the Social Security Act) if such widow, surviving divorced wife, or surviving divorced mother would have been entitled to a benefit under section 202(e) or 202(g) of the Social Security Act as the widow, surviving divorced wife, or surviving divorced mother of the employee if all of his service as an employee after December 31, 1936, had been included in the term 'employment' as defined in that Act. For the purpose of this paragraph, the reference in sections 202(e)(3) and 202(g)(3) of the Social Security Act to an individual entitled under section 202(f) of that Act shall include an individual entitled to an annuity under section 2(d)(l)(i) of this Act and an individual entitled to an annuity under section 2(d)(l)(ii) of this Act, and the reference in section 202(e)(3) and section 202(g)(3) of the Social Security Act to an individual entitled under section 202(d) or section 202(h) of that Act shall include an individual entitled to an annuity under section 2(d)(l)(iii) or section 2(d)(l)(iv) of this Act, and the references in section 202(g)(3) of the Social Security Act to an individual entitled under section 202(a) or section 223(a) of that Act shall include an individual entitled to an annuity under section 2(a)(1) of this Act.". (d) Section 2(e)(5) of the Railroad Retirement Act of 1974 is amended by striking out "spouse" each place it appears and inserting in lieu thereof "spouse or divorced wife". (e)(1) Section 2(f)(2) of the Railroad Retirement Act of 1974 is amended by inserting "or divorced wife's" after "spouse's" each place (other than the second place) it appears. (2) Section 2(f) of such Act is amended by adding at the end thereof the following new subdivisions: "(3) Deductions shall not be made pursuant to subdivision (1) from that portion of an individual's annuity as is computed under section 3(a) of this Act for any month in which the annuity of such individual is reduced pursuant to section 3(m) of this Act. This subdivision shall

95 STAT. 629

42 USC 416.

42 USC 402.

45use23ic. 45 USC 23ia.

45 USC 23 lb.

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