Page:United States Statutes at Large Volume 97.djvu/146

 97 STAT. 114 PUBLIC LAW 98-21 —APR. 20, 1983 42 USC 416. "Surviving divorced father." "Surviving divorced parent." 42 USC 402. Ante, p. 93. 42 USC 403. (c) Section 216(d) of such Act (as amended by section 301(c)(1) of this Act) is further amended by redesignating paragraph (6) as paragraph (8) and by inserting after paragraph (5) the following new paragraphs: "(6) The term 'surviving divorced father' means a man divorced from an individual who has died, but only if (A) he is the father of her son or daughter, (B) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of 18, (C) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of 18, or (D) he was married to her at the time both of them legally adopted a child under the age of 18. "(7) The term 'surviving divorced parent' means a surviving divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6).". (d) Section 202(c)(1) of such Act (as amended by section 301(a) of this Act) is further amended by inserting "(subject to subsection (s))" before "be entitled to" in the matter following subparagraph (D) and preceding subparagraph (E). (e) Section 202(c)(1)(B) of such Act is amended by inserting after "62" the following: "or (in the case of a husband) has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to child's insurance benefits on the basis of the wages and self-employment income of such individual". (f) Section 202(c)(1) of such Act (as amended by section 301(a) of this Act and the preceding provisions of this section) is further amended by redesignating the new subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively, and by inserting after sub- paragraph (H) the following new subparagraph: "(I) in the case of a husband who has not attained age 62, no child of such individual is entitled to a child's insurance bene- fit,". (g) Section 202(f)(1)(C) of such Act is amended by inserting "(i)" after "(C)", by inserting "or" after "223,", and by adding at the end thereof the following new clause: "(ii) was entitled, on the basis of such wages and self-employ- ment income, to father's insurance benefits for the month preceding the month in which he attained age 65, and", (h) Section 202(f)(5) of such Act (as redesignated by section 131(b)(3)(A) of this Act) is amended by striking out "or" at the end of. subparagraph (A), by redesignating subparagraph (B) as subpara- graph (C), and by inserting immediately after subparagraph (A) the following new subparagraph: "(B) the last month for which he was entitled to father's insurance benefits on the basis of the wages and self-employ- ment income of such individual, or", (i) Section 203(f)(1)(F) of such Act is amended by striking out "section 202(b) (but only by reason of having a child in her care within the meaning of paragraph (1)(B) of that subsection)" and inserting in lieu thereof "section 202(b) or (c) (but only by reason of having a child in his or her care within the meaning of paragraph (1)(B) of subsection (b) or (c), as may be applicable)".

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