Page:United States Statutes at Large Volume 97.djvu/108

 97 STAT. 76 PUBLIC LAW 98-21—APR. 20, 1983 42 USC 415 note. (e) The amendments made by the preceding provisions of this section shall apply with respect to monthly benefits under title II of 42 USC 401. the Social Security Act for months after December 1983. 42 USC 415 note. (f) Notwithstanding anything to the contrary in section 215(i)(l)(P) of the Social Security Act (as added by subsection (a)(4) of this section), the combined balance in the Trust Funds which is to be used in determining the "OASDI fund ratio" with respect to the calendar year 1984 under such section shall be the estimated com- bined balance in such Funds as of the close of that year (rather than as of its beginning), including the taxes transferred under section 42 USC 401. 201(a) on the first day of the year following that year. EUMINATION OF WINDFALL BENEFITS FOR INDIVIDUALS RECEIVING PENSIONS FROM NONCOVERED EMPLOYMENT 42 USC 415. SEC. 113. (a) Section 215(a) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(7)(A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection, who— "(i) attains age 62 after 1985 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or "(ii) would attain age 62 after 1985 and becomes eligible for a disability insurance benefit after 1985, and who first becomes eligible after 1985 for a monthly periodic Eayment (including a payment determined under subparagraph (C), ut excluding a payment under the Railroad Retirement Act of 1974 45 USC 23it. or 1937) which is based in whole or in part upon his or her earnings for service which did not constitute 'employment' as defined in 42 USC 410. section 210 for purposes of this title (hereafter in this paragraph and in subsection (d)(5) referred to as 'noncovered service), the primary insurance amount of that individual during his or her concurrent entitlement to such monthly periodic payment and to old-age or disability insurance benefits shall be computed or recomputed under subparagraph (B) with respect to the initial month in which the individual becomes eligible for such benefits. "(B)(i) If paragraph (1) of this subsection would apply to such an individual (except for subparagraph (A) of this paragraph), there shall first be computed an amount equal to the individual s primary insurance amount under paragraph (1) of this subsection, except that for purposes of such computation the percentage of the individ- ual's average indexed monthly earnings established by subpara- graph (A)(i) of paragraph (1) shall be the percent specified in clause (ii). There shall then be computed (without regard to this paragraph) a second amount, which shall be equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that such second amount shall be reduced by an amount equal to one-half of the portion of the monthly periodic payment which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) and to which the individual is entitled (or is deemed to be entitled) for the initial month of his or her eligibility for old-age or disability insurance benefits. The individual's primary insurance amount shall be the larger of the two amounts computed under this subparagraph Obefore the application of subsection (i))

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