Page:United States Statutes at Large Volume 97.djvu/126

 97 STAT. 94 PUBLIC LAW 98-21 —APR. 20, 1983 "(5)(A) Notwithstanding the preceding provisions of this subsec- tion, except as provided in subparagraph (B), the divorced wife of an individual who is not entitled to old-age or disability insurance benefits, but who has attained s^e 62 and is a fully insured indi- 42 USC 414. vidual (as defined in section 214), if such divorced wife— "(i) meets the requirements of subparagraphs (A) through (D) of paragraph (1), and (ii) has been divorced from such insured individual for not less than 2 years, shall be entitled to a wife's insurance benefit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Secretary) in the manner otherwise provided for wife's insurance benefits under this subsection, as if such insured individual had become entitled to old-age insurance benefits on the date on which the divorced wife first meets the criteria for entitlement set forth in clauses (i) and (ii). "(B) A wife's insurance benefit provided under this paragraph which has not otherwise terminated in accordance with subpara- graph (E), (F), (H), or (J) of paragraph (1) shall terminate with the month preceding the first month in which the insured individual is no longer a fully insured individual. ". 42 USC 403. (b)(1)(A) Section 203(b) of such Act is amended— (i) by inserting "(1)" after "(b)"; (ii) by striking out "(1) such individual's benefit" and "(2) if such individual' and inserting in lieu thereof "(A) such individ- ual's benefit" and "(B) if such individual", respectively; (iii) by striking out "clauses (1) and (2)" and inserting in lieu thereof "clauses (A) and (B)"; (iv) by striking out "(A) an individual" and "(B) if a deduc- tion" and inserting in lieu thereof "(i) an individual" and "(ii) if a deduction", respectively; and (v) by adding at the end thereof the following new paragraph: "(2) When any of the other persons referred to in paragraph (1)(B) is entitled to monthly benefits as a divorced spouse under section 42 USC 402. 202 (b) or (c) for any month and such person has been so divorced for not less than 2 years, the benefit to which he or she is entitled on the basis of the wages and self-employment income of the individual referred to in paragraph (1) for such month shall be determined without regard to deductions under this subsection as a result of excess earnings of such individual, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the basis of the wages and self-employment income of such individual referred to in paragraph (1) shall be determined as if no such divorced spouse were entitled to benefits for such month.". (B)(i) Section 203(fKl) of such Act is amended— (I) in the first sentence, by inserting "(excluding divorced spouses referred to in subsection (b)(2)) after "all other per- sons" the first place it appears, and by striking out "all other persons" the second place it appears and inserting in lieu thereof "all such other persons"; and (II) in the second sentence, by inserting "(excluding divorced spouses referred to in subsection (b)(2))" after "other persons". (ii) Section 203(f)(7) of such Act is amended by inserting "(exclud- ing divorced spouses referred to in subsection (b)(2))" after "all persons". (2) Section 203(d)(1) of such Act is amended—

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