Page:United States Statutes at Large Volume 95.djvu/861

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 835

benefits under subsection (e), (f), or (g) of this section for the month in which occurred such individual's death; or "(2) if no person Qualifies for payment under paragraph (1), or if such person dies before receiving payment, in equal shares to each person who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and selfemployment income of such insured individual, to benefits under subsection (d) of this section for the month in which occurred such individual's death."; and (B) in the third sentence, by striking out "(except a payment as authorized pursuant to clause (1)(A) of the preceding sentence)". (2)(A) Section 216(c) of such Act is amended by inserting "the first 42 USC 416. sentence o f before "section 202(i)". (B) Section 216(g) of such Act is amended by inserting "the first sentence of* before "section 202(i)". (b) The amendments made by subsection (a) shall apply only with Effective date. respect to deaths occurring after August 1981. 42 USC 402 note. PAYMENT OF CERTAIN BENEFFTS ONLY FOR MONTHS AFTER MONTH IN WHICH ENTITLEMENT CONDFTIONS ARE FULFILLED

SEC. 2203. (a) Section 202(a) of the Social Security Act is amended 42 USC 402. by striking out so much of the first sentence as follows paragraph (3) and inserting in lieu thereof the following: "shall be entitled to an old-age insurance benefit for each month, beginning with— "(A) in the case of an individual who has attained age 65, the first month in which such individual meets the criteria specified in parap-aphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained age 65, the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies.". (b)(1) Section 202(b)(l) of such Act is amended by striking out the matter that follows subparagraph (D) and precedes subparagraph (E) and inserting in lieu thereof the following: "shall (subject to subsection (s)) be entitled to a wife's insurance benefit for each month, beginning with— "(i) in the case of a wife or divorced wife (as so defined) of an individual entitled to old-age benefits, if such wife or divorced wife has attained age 65, the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D), or "(ii) in the case of a wife or divorced wife (as so defined) of— "(I) an individual entitled to old-age insurance benefits, if such wife or divorced wife has not attained age 65, or "(ID an individual entitled to disability insurance benefits, the first month throug:hout which she is such a wife or divorced wife and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month she meets the criterion specified in subparagraph (A)), whichever is earlier, and ending with the month preceding the month in which any of the following occurs—". (2) Section 216(b) of such Act is amended by adding at the end 42 USC 4i6. thereof the following new sentences: "For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of

�