Page:United States Statutes at Large Volume 95.djvu/859

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 833

(H) in no event may the recalculated primary insurance amount exceed the primary insurance amount that is based on an average monthly wage of $76.00 or the primary insurance amount that is based on a primary insurance benefit of $16.20. (3) In the case of individuals to whom either section 215(a)(1) or (4) of such Act apply, the primary insurance amount shall be recal- 42 USC 415. culated under section 215 as in effect after December 1978; except that the table in or deemed to be in the law as a result of the amendments made by subsection (c)(1) of this section shall be used (where appropriate) in lieu of the table in effect in December 1978. (f) The first sentence of section 202(i) of such Act is amended by Post, p. 834. inserting after "primary insurance amount" the following: "(as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to the Ante, p. 830. repeal of the minimum benefit provisions)". (g) Part A of title XVI of the Social Security Act is amended by adding at the end thereof the following new section: "BENEFITS FOR INDIVIDUALS FORMERLY RECEIVING MINIMUM BENEFITS UNDER TITLE II

"SEC. 1622. (a) Any individual who— "(1) is 60 years of age or older but has not attained the age of 65; "(2) would be an eligible individual or eligible spouse under section 1611 if such individual were 65 years of age; "(3) is not otherwise eligible for a benefit under section 1611; "(4) for the month of February 1982 was entitled to a monthly benefit under title II of this Act for which he made application prior to March 1, 1982, as determined without regard to any deductions on account of work required by section 203, which entitlement amount (as so determined) was reduced for any month by reason of the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981 (relating to the repeal of the minimum benefit provisions); and (5) is not entitled under title II to a monthly benefit, as determined without regard to any deductions on account of work required by section 203, in an amount equal to or greater than such entitlement amount (as so determined) for February 1982; shall be eligible for a benefit for each month in which he meets the requirements of this subsection in an amount determined under subsection (b) or (c). "(b) The amount of the monthly benefit payable under subsection (a) shall be the amount of the monthly benefit which would otherwise be payable to such individual under this title if he were 65 years of age; except that— "(1) the amount of such monthly benefit shall not exceed— "(A) in the case of an individual described in subsection (a) who does not have an eligible spouse, an amount equal to the amount by which such individual's monthly benefit entitlement under title II for such month as determined without regard to any deductions on account of work required by section 203, is less than the amount of such individual's monthly benefit entitlement under title II for February 1982 (as so determined); or "(B) in the case of an individual and his spouse, both of whom are individuals described in subsection (a), an amount equal to the amount by which the combined amount of their monthly benefit entitlements under title II for such month

42 USC I382k. 42 USC 1382. 42 USC 401. 42 USC 403.

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