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Volume 72 · 965

Public Law 85–798

To amend title II of the Social Security Act to provide that a widow or former wife divorced who loses mother’s insurance benefits by remarriage may again become entitled if her husband dies within one year of such remarriage, to provide that interstate Instrumentalities may secure coverage for policemen and firemen in positions under a retirement system of the instrumentality.

Approved August 28, 1958

Statutory text

AN ACT

To amend title II of the Social Security Act to provide that a widow or former wife divorced who loses mother’s insurance benefits by remarriage may again become entitled if her husband dies within one year of such remarriage, to provide that interstate Instrumentalities may secure coverage for policemen and firemen in positions under a retirement system of the instrumentality.

Be it enacted by the Senate and, House of Representatives of the United States of America in Congress assembled,

That section 202 (g) of the Social Security Act (relating to mother’s insurance benefits) is hereby amended by adding at the end thereof the following new paragraph:

“(3)

In the case of any widow or former wife divorced of an individual—

“(A)

who marries another individual, and

“(B)

whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not his widow as defined in section 216 (c),

64 Stat. 510.

the marriage to the individual referred to in clause (A) shall, for the purpose of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph, or (iii) the month following the month in which this paragraph is enacted.”

Sec. 2.

Subsection (k) of section 218 of the Social Security Act

64 Stat. 514.

42 USC 418.

is amended by adding at the end thereof the following new paragraph:

“(3)

Any agreement with any instrumentality of two or more States

Policemen and firemen.

entered into pursuant to this Act may, notwithstanding the provisions of subsection (d) (5) (A) and the references thereto in subsections (d) (1) and (d) (3), apply to service performed by employees of such instrumentality in any policeman’s or fireman’s position covered by a retirement system, but only upon compliance, to the .extent practicable, with the requirements of subsection (d) (3). For the purpose of the preceding sentence, a retirement system which covers positions of policemen or firemen or both, and other positions shall, if the instrumentality concerned so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.”

Sec. 3. policemen and firemen in state of washington

Section 218 (p) of the Social Security Act (relating to

70 Stat. 826.

42 USC 418.

policemen and firemen in certain States) is amended by inserting “Washington,” immediately after “Tennessee,”.

Approved August 28, 1958.

Parsed from the official Statutes at Large USLM XML in 72.xml