Public Law 92–5

Section 215(a) of the Social Security Act is amended by striking out the table and inserting in lieu thereof the following:

Section 203 (a) of such Act is amended by striking out paragraph (2) and inserting in lieu thereof the following:

“(2)“(2)

when two or more persons were entitled (without the application

42 USC 402, 423.

of section 202(j)(l) and section 223(b)) to monthly benefits under section 202 or 223 for January 1971 on the basis of the wages and self-employment income of such insured individual and at least one such person was so entitled for December 1970 on the basis of such wages and self-employment income, such total of benefits for January 1971 or any subsequent month shall not be reduced to less than the larger of—

“(A)“(A)

the amount determined under this subsection without regard to this paragraph, or

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“(B)“(B)

an amount equal to the sum of the amounts derived by multiplying the benefit amount determined under this title (including this subsection, but without the application

42 USC 422, 402.

of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), as in effect prior to the amendment of this subsection in March 1971, for each such person for such month, by 110 percent and raising each such increased amount , if it is not a multiple of $0.10, to the next higher multiple of $0.10; but in any such case (i) paragraph (1) of this subsection shall not be applied to such total of benefits after the application of subparagraph

42 USC 402

(B), and (ii) if section 202(k) (2) (A) was applicable in the case of any such benefits for January 1971, and ceases to apply after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which section 202(k) (2) (A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for January 1971, or”.

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Section 215(b) (4) of such Act is amended by striking out

83 Stat. 740.

42 USC 415.

“December 1969” each time it appears and inserting in lieu thereof “December 1970”.

Section 215 (c) of such Act is amended to read as follows:

“(c)“(c)

“Primary Insurance Amount Under 1969 Act

(1)(1)

For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount

Ante, p. 6.

shall be computed on the basis of the law in effect prior to the amendment of this subsection in March 1971.

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“(2)“(2)

The provisions of this subsection shall be applicable only in the case of an individual who became entitled to benefits under section 202(a) or section 223 before the date on which this subsection was

70 Stat. 815.

42 USC 423.

amended in March 1971, or who died before such date.”

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The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for months

53 Stat. 1362.

42 USC 401.

after December 1970 and with respect to lump-sum death payments under such title in the case of deaths occurring in and after the month in which this Act is enacted.

If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1970 on the basis of an application filed in or after the month in which this Act is enacted, and became entitled to old-age insurance benefits under section 202(a) of such Act for January 1971, then, for purposes of section 215

64 Stat. 482.

(a)(4) of the Social Security Act (if applicable), the amount in

79 Stat. 367, 370.

column IV of the table appearing in such section 215(c) for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act) instead of the amount in column IV equal to the primary insurance amount on which his disability insurance benefit is based.

Notwithstanding the provisions of sections 2(a) (10), 402(a) (7), 1002(a) (8), 1402(a) (8), and 1602(a)(13) and (14) of the Social Security Act, each State, in determining need for aid or assistance under a State plan approved under title I, X, XIV, or XVI, or part A of title IV, of such Act, may disregard (and the plan may be deemed to require the State to disregard), in addition to any other amounts which the State is required or permitted to disregard in determining such need, any amount paid to an individual under title II of such Act (or under the Railroad Retirement Act of 1937 by reason of the first proviso in section 3 (e) thereof), in any month after the month in which

65 Stat. 685; 80 Stat. 1080.

45 USC 228c.

this Act is enacted, to the extent that (1) such payment is attributable to the increase in monthly benefits under the old-age, survivors, and disability insurance system for January, February, March, or April 1971 resulting from the enactment of this title, and (2) the amount of such increase is paid separately from the rest of the monthly benefit of such individual for January, February, March, or April 1971.

The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security

53 Stat. 1362.

42 USC 401.

Act for months after December 1970.

The amendments made by subsections (a) (1) and (a) (3) (A),

Effective dates.

and the amendments made by subsection (b) (except paragraphs (1) and (7) thereof), shall apply only with respect to remuneration paid after December 1971. The amendments made by subsections (a) (2), (a) (3) (B), (b) (1), and (b) (7) shall apply only with respect to taxable years beginning after 1971. The amendment made by subsection (a) (4) shall apply only with respect to calendar years after 1971.

The amendments made by subsection (a) (1) shall apply only with respect to taxable years beginning after December 31, 1971. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1971.