Page:United States Statutes at Large Volume 95.djvu/860

 95 STAT. 834 42 USC 401.

42 USC 1382f.

42 USC 403.

42 USC 1382e. Effective dates. 42 USC 1382k note. 42 USC 401.

42 USC 415.

PUBLIC LAW 97-35—AUG. 13, 1981 (as so determined), is less than the combined amount of their monthly benefit entitlements under title II for February 1982 (as so determined); "(2) the benefit amount shall be determined on the basis of the dollar amounts applicable under this title for February 1982 (without regard to cost-of-living adjustments made after February 1982 under section 1617) in the case of any individuals described in paragraph (1); and "(3) in the case of an individual described in subsection (a) who has a spouse eligible for benefits under this title, other than by reason of this section, the amount of such monthly benefit for such individual (described in subsection (a)) shall be determined under subsection (c), and the amount of the monthly benefit for such spouse shall be determined in the same manner as for an individual who does not have an eligible spouse. "(c) The amount of the monthly benefit for an individual described in subsection (b)(3) shall be an amount equal to the amount by which— "(1) the monthly benefit amount for which such individual and his spouse would be eligible for such month under this title if both he and his spouse were 65 years of age, determined on the basis of the dollar amounts applicable under this title for February 1982 (without regard to cost-of-living adjustments made after February 1982 under section 1617); exceeds "(2) the monthly benefit amount under this title for which his spouse is eligible for such month; except that the amount of such monthly benefit shall not exceed the amount by which such individual's monthly benefit entitlement under title II for such month, as determined without regard to deductions on account of work under section 203, is less than his monthly benefit entitlement under title II (as so determined) for February 1982. "(d) An individual who is entitled to a benefit under this section shall not be considered to be an individual receiving supplemental security income benefits under this title for purposes of section 1616 of this title or of any provision of law other than this title.". (h)(1) This section and the amendments made thereby shall be effective with respect to— (A) benefits payable for months after October 1981 in the case of individuals who initially become eligible for benefits under title II of the Social Security Act after October 1981; and (B) benefits payable for months after February 1982 in the case of all other individuals. (2) For purposes of this subsection, eligibility shall be determined in accordance with paragraphs (2)(A) and (3)(B) of section 215(a) of the Social Security Act. RESTRICTIONS ON THE LUMP-SUM DEATH PAYMENT

42 USC 402.

42 USC 416.

SEC. 2202. (a)(1) Section 202(i) of the Social Security Act is amended— (A) in the second sentence, by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: "(1) to a widow (as defined in section 216(c)) or widower (as defined in section 216(g)) who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self-employment income of such insured individual, to

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