Page:United States Statutes at Large Volume 97.djvu/127

 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 95 (A) by inserting "(A)" after "(d)(D"; and (B) by adding at the end thereof the following new subpara- graph: "(B) When any divorced spouse is entitled to monthly benefits under section 202(b) or (c) for any month and such divorced spouse 42 USC 402. has been so divorced for not less than 2 years, the benefit to which he or she is entitled for such month on the basis of the wages and self-employment income of the individual entitled to old-age insur- ance benefits referred to in subparagraph (A) shall be determined without regard to deductions under this paragraph 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 subparagraph (A) shall be determined as if no such divorced spouse were entitled to benefits for such month.". (c)(1) The amendments made by subsection (a) shall apply with respect to monthly insurance benefits for months after December 1984, but only on the basis of applications filed on or after January 1, 1985. (2) The amendments made by subsection (b) shall apply with respect to monthly insurance benefits for months after December 1984. Effective date. 42 USC 402 note. Effective date. 42 USC 403 note. INDEXING OF DEFERRED SURVIVING SPOUSE S BENEFITS TO RECENT WAGE LEVELS SEC. 133. (a)(1) Section 202(e)(2) of the Social Security Act is 42 USC 402. amended— (A) by redesignating subparagraph (B) as subparagraph (D); and (B) by striking out "(2)(A) Except" and all that follows down through "If such deceased individual" and inserting in lieu thereof the following: "(2)(A) Except as provided in subsection (q), paragraph (8) of this subsection, and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (O) of such deceased individual. "(B)(i) For purposes of this subsection, in any case in which such deceased individual dies before attaining age 62 and section 215(a)(1) 42 USC 415. (as in effect after December 1978) is applicable in determining such individual's primary insurance amount— ^ "(I) such primary insurance amount shall be determined under the formula set forth in section 215(a)(l)(B)(i) and (ii) which is applicable to individuals who initially become eligible for old-ag:e insurance benefits in the second year after the year specified in clause (ii), "(II) the year specified in clause (ii) shall be substituted for the second calendar year specified in section 215(b)(3)(A)(ii)(I), and "(III) such primary insurance amount shall be increased under section 215(i) as if it were the primary insurance amount referred to in section 215(i)(2)(A)(ii)(II), except that it shall be increased only for years beginning after the first year after the year specified in clause (ii).

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