Page:United States Statutes at Large Volume 97.djvu/142

 97 STAT. 110 PUBLIC LAW 98-21 —APR. 20, 1983 "(11) an individual entitled to disability insurance bene- fits, the first month throughout which he is such a husband or divorced husband and meets the criteria specified in subpara- graphs (B), (C), and (D) (if in such month he meets the criterion specified in subparagraph (A)), whichever is earlier, and ending with the month preceding the month to which any of the following occurs: " (E) he dies, "(F) such individual dies, "(G) in the case of a husband, they are divorced and either (i) he has not attained age 62, or (ii) he has attained age 62 but has not been married to such individual for a period of 10 years immediately before the divorce became effective, "(H) in the case of a divorced husband, he marries a person other than such individual, "(I) he becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or "(J) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.". 42 USC 402. (3) Section 202(c)(3) of such Act is amended by inserting "(or, in the case of a divorced husband, his former wife)" before "for such month". (4) Section 202(c) of such Act is further amended by adding after paragraph (3) the following new paragraph: "(4) In the case of dny divorced husband who marries— "(A) an individual entitled to benefits under subsection Qo), (e), (g), or (h) of this section, or "(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), by reason of paragraph (l)(B)(ii) thereof, such divorced husband's entitlement to benefits under this subsec- tion, notwithstanding the provisions of paragraph (1) (but subject to subsection (s)), shall not be terminated by reason of such marriage.". (5) Section 202(c) of such Act is further amended by adding after paragraph (4) (as added by paragraph (4) of this subsection) the following new paragraph: "(5)(A) Notwithstanding the preceding provisions of this subsec- tion, except as provided in subparagraph (B), the divorced husband of an individual who is not entitled to old-age or disability insurance benefits, but who has attained age 62 and is a fully insured indi- 42 USC 414. vidual (as defined in section 214), if such divorced husband— "(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 husband's insurance benefit under this subsec- tion for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Secre- tary) in the manner otherwise provided for husband'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 husband first meets the criteria for entitlement set forth in classes (i) and (ii).

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