Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 416. Additional definitions

Statutory text

For the purposes of this subchapter—

Spouse; surviving spouse

The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f).

The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g).

Wife

The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 402 of this title, (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45. For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (C) of section 402(b)(1) of this title, a divorced wife shall be deemed not to be married throughout the month in which she becomes divorced.

Widow

The term “widow” (except when used in the first sentence of section 402(i) of this title) means the surviving wife of an individual, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (D) she was married to him at the time both of them legally adopted a child under the age of eighteen, (E) except as provided in paragraph (2), she was married to him for a period of not less than nine months immediately prior to the day on which he died, or (F) in the month prior to the month of her marriage to him (i) she was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 402 of this title, (ii) she had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (iii) she was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45.

The requirements of paragraph (1)(E) in connection with the surviving wife of an individual shall be treated as satisfied if—

the individual had been married prior to the individual’s marriage to the surviving wife,

the prior wife was institutionalized during the individual’s marriage to the prior wife due to mental incompetence or similar incapacity,

during the period of the prior wife’s institutionalization, the individual would have divorced the prior wife and married the surviving wife, but the individual did not do so because such divorce would have been unlawful, by reason of the prior wife’s institutionalization, under the laws of the State in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security),

the prior wife continued to remain institutionalized up to the time of her death, and

the individual married the surviving wife within 60 days after the prior wife’s death.

Divorced spouses; divorce

The term “divorced wife” means a woman divorced from an individual, but only if she had been married to such individual for a period of 10 years immediately before the date the divorce became effective.

The term “surviving divorced wife” means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 10 years immediately before the date the divorce became effective.

The term “surviving divorced mother” means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18.

The term “divorced husband” means a man divorced from an individual, but only if he had been married to such individual for a period of 10 years immediately before the date the divorce became effective.

The term “surviving divorced husband” means a man divorced from an individual who has died, but only if he had been married to the individual for a period of 10 years immediately before the divorce became effective.

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.

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).

The terms “divorce” and “divorced” refer to a divorce a vinculo matrimonii.

Child

The term “child” means (1) the child or legally adopted child of an individual, (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child’s insurance benefits is filed or (if the insured individual is deceased) not less than nine months immediately preceding the day on which such individual died, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 423(d) of this title) of such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual’s surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States and such person’s natural or adopting parent or stepparent was not living in such individual’s household and making regular contributions toward such person’s support at the time such individual died. For purposes of clause (1), a person shall be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if such person was either living with or receiving at least one-half of his support from such individual at the time of such individual’s death and was legally adopted by such individual’s surviving spouse after such individual’s death but only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died or (ii) August 28, 1958. For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of subsection (h)(1)(B), would have been a valid marriage. For purposes of clause (2), a child shall be deemed to have been the stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year. For purposes of clause (3), a person shall be deemed to have no natural or adoptive parent living (other than a parent who was under a disability) throughout the most recent month in which a natural or adoptive parent (not under a disability) dies.

Husband

The term “husband” means the husband of an individual, but only if (1) he is the father of her son or daughter, (2) he was married to her for a period of not less than one year immediately preceding the day on which his application is filed, or (3) in the month prior to the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (c), (f) or (h) of section 402 of this title, (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45. For purposes of clause (2), a husband shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her. For purposes of subparagraph (C) of section 402(c)(1) of this title, a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.

Widower

The term “widower” (except when used in the first sentence of section 402(i) of this title) means the surviving husband of an individual, 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 eighteen, (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 eighteen, (D) he was married to her at the time both of them legally adopted a child under the age of eighteen, (E) except as provided in paragraph (2), he was married to her for a period of not less than nine months immediately prior to the day on which she died, or (F) in the month before the month of his marriage to her (i) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (c), (f) or (h) of section 402 of this title, (ii) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (iii) he was entitled to, or on application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45.

The requirements of paragraph (1)(E) in connection with the surviving husband of an individual shall be treated as satisfied if—

the individual had been married prior to the individual’s marriage to the surviving husband,

the prior husband was institutionalized during the individual’s marriage to the prior husband due to mental incompetence or similar incapacity,

during the period of the prior husband’s institutionalization, the individual would have divorced the prior husband and married the surviving husband, but the individual did not do so because such divorce would have been unlawful, by reason of the prior husband’s institutionalization, under the laws of the State in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security),

the prior husband continued to remain institutionalized up to the time of his death, and

the individual married the surviving husband within 60 days after the prior husband’s death.

Determination of family status

An applicant is the wife, husband, widow, or widower of a fully or currently insured individual for purposes of this subchapter if the courts of the State in which such insured individual is domiciled at the time such applicant files and application, or, if such insured individual is dead, the courts of the State in which he was domiciled at the time of death, or, if such insured individual is or was not so domiciled in any State, the courts of the District of Columbia, would find that such applicant and such insured individual were validly married at the time such applicant files such application or, if such insured individual is dead, at the time he died.

If such courts would not find that such applicant and such insured individual were validly married at such time, such applicant shall, nevertheless be deemed to be the wife, husband, widow, or widower, as the case may be, of such insured individual if such applicant would, under the laws applied by such courts in determining the devolution of intestate personal property, have the same status with respect to the taking of such property as a wife, husband, widow, or widower of such insured individual.

In any case where under subparagraph (A) an applicant is not (and is not deemed to be) the wife, widow, husband, or widower of a fully or currently insured individual, or where under subsection (b), (c), (d), (f), or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual, but it is established to the satisfaction of the Commissioner of Social Security that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage, then, for purposes of subparagraph (A) and subsections (b), (c), (d), (f), and (g), such purported marriage shall be deemed to be a valid marriage. Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.

The provisions of clause (i) shall not apply if the Commissioner of Social Security determines, on the basis of information brought to the Commissioner’s attention, that such applicant entered into such purported marriage with such insured individual with knowledge that it would not be a valid marriage.

The entitlement to a monthly benefit under subsection (b) or (c) of section 402 of this title, based on the wages and self-employment income of such insured individual, of a person who would not be deemed to be a wife or husband of such insured individual but for this subparagraph, shall end with the month before the month in which such person enters into a marriage, valid without regard to this subparagraph, with a person other than such insured individual.

For purposes of this subparagraph, a legal impediment to the validity of a purported marriage includes only an impediment (I) resulting from the lack of dissolution of a previous marriage or otherwise arising out of such previous marriage or its dissolution, or (II) resulting from a defect in the procedure followed in connection with such purported marriage.

In determining whether an applicant is the child or parent of a fully or currently insured individual for purposes of this subchapter, the Commissioner of Social Security shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or, if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a child or parent shall be deemed such.

If an applicant is a son or daughter of a fully or currently insured individual but is not (and is not deemed to be) the child of such insured individual under subparagraph (A), such applicant shall nevertheless be deemed to be the child of such insured individual if such insured individual and the mother or father, as the case may be, of such applicant went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of paragraph (1)(B), would have been a valid marriage.

An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2) of this subsection, shall nevertheless be deemed to be the child of such insured individual if:

in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)—

such insured individual—

has acknowledged in writing that the applicant is his or her son or daughter,

has been decreed by a court to be the mother or father of the applicant, or

has been ordered by a court to contribute to the support of the applicant because the applicant is his or her son or daughter,

and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained retirement age (as defined in subsection (l)), whichever is earlier; or

such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to be the mother or father of the applicant and was living with or contributing to the support of the applicant at the time such applicant’s application for benefits was filed;

in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he or she was entitled to old-age insurance benefits—

such insured individual—

has acknowledged in writing that the applicant is his or her son or daughter,

has been decreed by a court to be the mother or father of the applicant, or

has been ordered by a court to contribute to the support of the applicant because the applicant is his or her son or daughter,

and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or

such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to be the mother or father of the applicant and was living with or contributing to the support of that applicant at the time such applicant’s application for benefits was filed;

in the case of a deceased individual—

such insured individual—

had acknowledged in writing that the applicant is his or her son or daughter,

had been decreed by a court to be the mother or father of the applicant, or

had been ordered by a court to contribute to the support of the applicant because the applicant was his or her son or daughter,

and such acknowledgment, court decree, or court order was made before the death of such insured individual, or

such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to have been the mother or father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.

For purposes of subparagraphs (A)(i) and (B)(i), an acknowledgement, court decree, or court order shall be deemed to have occurred on the first day of the month in which it actually occurred.

Disability; period of disability

Except for purposes of sections 402(d), 402(e), 402(f), 423, and 425 of this title, the term “disability” means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months, or (B) blindness; and the term “blindness” means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less. The provisions of paragraphs (2)(A), (2)(B), (3), (4), (5), and (6) of section 423(d) of this title shall be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section. Nothing in this subchapter shall be construed as authorizing the Commissioner of Social Security or any other officer or employee of the United States to interfere in any way with the practice of medicine or with relationships between practitioners of medicine and their patients, or to exercise any supervision or control over the administration or operation of any hospital.

The term “period of disability” means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than five full calendar months’ duration or such individual was entitled to benefits under section 423 of this title for one or more months in such period.

No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains retirement age (as defined in subsection (l)). In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.

A period of disability shall begin—

on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or

if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements.

A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains retirement age (as defined in subsection (l)), or (ii) the month preceding (I) the termination month (as defined in section 423(a)(1) of this title), or, if earlier (II) the first month for which no benefit is payable by reason of section 423(e) of this title, where no benefit is payable for any of the succeeding months during the 36-month period referred to in such section. The provisions set forth in section 423(f) of this title with respect to determinations of whether entitlement to benefits under this subchapter or subchapter XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).

Except as is otherwise provided in subparagraph (F), no application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.

An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if—

in the case of an application filed by or on behalf of an individual with respect to a disability which ends after January 1968, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Commissioner of Social Security finds in accordance with regulations prescribed by the Commissioner that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and

in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before January 1968—

such application is filed not more than 12 months after January 1968,

a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before January 1968, and (2) not more than 36 months after the month in which his disability ended, and

the Commissioner of Social Security finds in accordance with regulations prescribed by the Commissioner, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application.

In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.

An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application (and shall be deemed to have been filed on such first day) only if the applicant satisfies the requirements for a period of disability before the Commissioner of Social Security makes a final decision on the application and no request under section 405(b) of this title for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Commissioner of Social Security).

The requirements referred to in clauses (i) and (ii) of paragraph (2)(C) of this subsection are satisfied by an individual with respect to any quarter only if—

he would have been a fully insured individual (as defined in section 414 of this title) had he attained age 62 and filed application for benefits under section 402(a) of this title on the first day of such quarter; and

he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or

if such quarter ends before he attains (or would attain) age 31, not less than one-half (and not less than 6) of the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage, or

in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii), had a prior period of disability that began during a period before the quarter in which he or she attained age 31, not less than one-half of the quarters beginning after such individual attained age 21 and ending with such quarter are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage;

except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of “blindness” as defined in paragraph (1)). For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.

Periods of limitation ending on nonwork days

Where this subchapter, any provision of another law of the United States (other than the Internal Revenue Code of 1986) relating to or changing the effect of this subchapter, or any regulation issued by the Commissioner of Social Security pursuant thereto provides for a period within which an act is required to be done which affects eligibility for or the amount of any benefit or payment under this subchapter or is necessary to establish or protect any rights under this subchapter, and such period ends on a Saturday, Sunday, or legal holiday, or on any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order, then such act shall be considered as done within such period if it is done on the first day thereafter which is not a Saturday, Sunday, or legal holiday or any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order. For purposes of this subsection, the day on which a period ends shall include the day on which an extension of such period, as authorized by law or by the Commissioner of Social Security pursuant to law, ends. The provisions of this subsection shall not extend the period during which benefits under this subchapter may (pursuant to section 402(j)(1) or 423(b) of this title) be paid for months prior to the day application for such benefits is filed, or during which an application for benefits under this subchapter may (pursuant to section 402(j)(2) or 423(b) of this title) be accepted as such.

Waiver of nine-month requirement for widow, stepchild, or widower in case of accidental death or in case of serviceman dying in line of duty, or in case of remarriage to same individual

The requirement in clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if—

his death—

is accidental, or

occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 410(l)(2) of this title),

unless the Commissioner of Social Security determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months, or

the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or

the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild’s parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce;

except that paragraph (2) of this subsection shall not apply if the Commissioner of Social Security determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1)(A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.

Retirement age

The term “retirement age” means—

with respect to an individual who attains early retirement age (as defined in paragraph (2)) before January 1, 2000, 65 years of age;

with respect to an individual who attains early retirement age after December 31, 1999, and before January 1, 2005, 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age;

with respect to an individual who attains early retirement age after December 31, 2004, and before January 1, 2017, 66 years of age;

with respect to an individual who attains early retirement age after December 31, 2016, and before January 1, 2022, 66 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age; and

with respect to an individual who attains early retirement age after December 31, 2021, 67 years of age.

The term “early retirement age” means age 62 in the case of an old-age, wife’s, or husband’s insurance benefit, and age 60 in the case of a widow’s or widower’s insurance benefit.

The age increase factor for any individual who attains early retirement age in a calendar year within the period to which subparagraph (B) or (D) of paragraph (1) applies shall be determined as follows:

With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2000 through 2004, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains early retirement age.

With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2017 through 2021, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2017 and ending with December of the year in which the individual attains early retirement age.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1935
Pub. L. 81–531 · 64 Stat. 404
Enacted · 42 U.S.C. § 416
Aug. 14, 1935, ch. 531, title II, § 216, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 510
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 216, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 510
1952
Public Law not identified
Added · 42 U.S.C. § 416(i)
Subsec. (i). Act July 18, 1952, added subsec. (i)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (i). Act July 18, 1952, added subsec. (i).
1954
Public Law not identified
Added · 42 U.S.C. § 416(i)
Subsec. (i). Act Sept. 1, 1954, § 106(d), added subsec. (i). Former subsec. (i), which was added by act July 18, 1952, § 3(d), ceased to be in effect at the close of June 30, 1953. See Effective and Termination Date of 1952 Amendment note set out under section 413 of this title
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (i). Act Sept. 1, 1954, § 106(d), added subsec. (i). Former subsec. (i), which was added by act July 18, 1952, § 3(d), ceased to be in effect at the close of June 30, 1953. See Effective and Termination Date of 1952 Amendment note set out under section 413 of this title.
1956
Public Law not identified
Changed · 42 U.S.C. § 416(a)
Subsec. (a). Act Aug. 1, 1956, § 102(a), reduced the retirement age in the case of a woman from age sixty-five to age sixty-two
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 1, 1956, § 102(a), reduced the retirement age in the case of a woman from age sixty-five to age sixty-two.
1956
Public Law not identified
Inserted · 42 U.S.C. § 416(i)(1)
Subsec. (i)(1). Act Aug. 1, 1956, § 103(c)(6), inserted “Except for purposes of sections 402(d), 423, and 425 of this title”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (i)(1). Act Aug. 1, 1956, § 103(c)(6), inserted “Except for purposes of sections 402(d), 423, and 425 of this title”.
1956
Public Law not identified
Substituted · 42 U.S.C. § 416(i)(2)
Subsec. (i)(2). Act Aug. 1, 1956, § 102(d)(12), substituted “the age of sixty-five” for “retirement age” in two places
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (i)(2). Act Aug. 1, 1956, § 102(d)(12), substituted “the age of sixty-five” for “retirement age” in two places.
1957
Pub. L. 85–109 § 1 · 71 Stat. 308
1. Substituted · 42 U.S.C. § 416(i)(4)
  Pub. L. 85–109, substituted “July 1958” for “July 1957”
2. Substituted · 42 U.S.C. § 416(i)(4)
  Pub. L. 85–109, substituted “July 1957” for “July 1956”
Source evidence
Code amendment note
Subsec. (i)(4). Pub. L. 85–109, substituted “July 1958” for “July 1957” and “July 1957” for “July 1956”.
1957
Pub. L. 85–238 § 3(h) · 71 Stat. 518
Amended · 42 U.S.C. § 416(h)
Pub. L. 85–238 amended subsec. (h) generally to provide that the applicant is the wife, husband, widow, or widower if there is a finding that the applicant and the insured individual were validly married at the time the application for benefits is filed, or at the time the insured individual died, and to eliminate provisions which prescribed certain conditions under which a wife or husband would be deemed to have been living with his or her spouse, and which related to determination of status of parent
Source evidence
Code amendment note
Subsec. (h). Pub. L. 85–238 amended subsec. (h) generally to provide that the applicant is the wife, husband, widow, or widower if there is a finding that the applicant and the insured individual were validly married at the time the application for benefits is filed, or at the time the insured individual died, and to eliminate provisions which prescribed certain conditions under which a wife or husband would be deemed to have been living with his or her spouse, and which related to determination of status of parent.
Enacted provision · exact public law section
(h) Section 216 (h) is amended to read as follows: 64 Stat. 492. 42 USC 416. “(h) (1) An applicant is the wife, husband, widow, or widower of a fully or currently insured individual for purposes of this title if the courts of the State in which such insured individual is domiciled at the time such applicant files an application, or, if such insured individual is dead, the courts of the State in which he was domiciled at the time of death, or, if such insured individual is or was not so domiciled in any State, the courts of the District of Columbia, would find that such applicant and such insured individual were validly married at the time such applicant files such application or, if such insured individual is dead, at the time he died. If such courts would not find that such applicant and such insured individual were validly married at such time, such applicant shall, nevertheless be deemed to be the wife, husband, widow, or widower, as the case may be, of such insured individual if such applicant would, under the laws applied by such courts in determining the devolution of intestate personal property, have the same status with respect to the taking of such property as a wife, husband, widow, or widower of such insured individual. “(2) In determining whether an applicant is the child or parent of a fully or currently insured individual for purposes of this title, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or, if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a child or parent shall be deemed such. “(3) For purposes of section 202 (i). a widow shall be deemed to 70 Stat. 871. 42 USC 402. have been living with her husband at the time of his death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support on such date, or he had been ordered by any court to contribute to her support; a widower shall be deemed to have been living with his wife at. the time of her death if they were both members of the same household at the time of her death, or he was receiving regular contributions from her toward his support on such date, or she had been ordered by any court to contribute to his support.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 301(d) · 72 Stat. 1013
Changed · 42 U.S.C. § 416(b)
Pub. L. 85–840, § 301(d), included within definition of “wife” a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–840, § 301(d), included within definition of “wife” a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.
Enacted provision · exact public law section
(d) Definition of Wife Section 216 (b) of such Act is amended by striking out “or” at 42 USC 416. the end of the clause (1), and by inserting before the period at the end thereof: or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, Ante, pp. 1023. 1027. Post, pp. 1029, 1031, 1032. benefits under subsection (e) or (h) of section 202, or (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section”.
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 301(b)(2) · 72 Stat. 1013
Changed · 42 U.S.C. § 416(c)
Pub. L. 85–840, § 301(b)(2) included within definition of “widow” a woman whose husband had legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, and a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title
Source evidence
Code amendment note
Subsec. (c). Pub. L. 85–840, § 301(b)(2) included within definition of “widow” a woman whose husband had legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, and a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.
Enacted provision · exact public law section
(2) Section 216 (c) of such Act is amended to read as follows: “(c) The term ‘widow’ (except when used in section 202 (i)) means Post, p. 1030. the surviving wife of an individual, but only if (1) she is the mother of his son or daughter, (2) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (3) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (4) she was married to him at the time both of them legally adopted a child under the age of eighteen, (5) she was married to him for a period of not less than one year immediately prior to the day on which he died, or (6) in the month prior to the month of her marriage to him (A) she was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 202, or (B) she had attained age eighteen and was entitled to, Ante, p. 1023. Post, pp. 1029, 1031, 1032. or on application therefor would have been entitled to, benefits under subsection (d) of such section.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 301(e) · 72 Stat. 1013
Changed · 42 U.S.C. § 416(d)
Pub. L. 85–840, § 301(e), included within definition of “former wife divorced” a woman whose husband legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen
Source evidence
Code amendment note
Subsec. (d). Pub. L. 85–840, § 301(e), included within definition of “former wife divorced” a woman whose husband legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen.
Enacted provision · exact public law section
(e) Definition of Former Wife Divorced Section 216 (d) of such Act is amended to read as follows: 42 USC 416. “(d) The term ‘former wife divorced’ means a woman divorced from an individual, but only if (1) she is the mother of his son or daughter, (2) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (3) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, or (4) she was married to him at the time both of them legally adopted a child under the age of eighteen.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 302(a) · 72 Stat. 1013
1. Struck · 42 U.S.C. § 416(e)
  Pub. L. 85–840, § 302(a), struck out requirement that an adopted child of a living individual must have been adopted for not less than three years immediately preceding the day on which application for child’s benefits is filed
2. Inserted · 42 U.S.C. § 416(e)
  Pub. L. 85–840, § 302(a), inserted provisions requiring a child to be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if the child was living in the decedent’s household at the time of his death and was legally adopted by the surviving spouse after the individual’s death but before the end of two years after the day on which the individual died or Aug. 28, 1958, and the child was not receiving regular contributions toward his support from someone other than the individual or his spouse, or from any public or private welfare organization
Source evidence
Code amendment note
Subsec. (e). Pub. L. 85–840, § 302(a), struck out requirement that an adopted child of a living individual must have been adopted for not less than three years immediately preceding the day on which application for child’s benefits is filed, and inserted provisions requiring a child to be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if the child was living in the decedent’s household at the time of his death and was legally adopted by the surviving spouse after the individual’s death but before the end of two years after the day on which the individual died or Aug. 28, 1958, and the child was not receiving regular contributions toward his support from someone other than the individual or his spouse, or from any public or private welfare organization.
Enacted provision · exact public law section
(a) Section 216 (e) of such Act is amended to read 42 USC 416. as follows: “(e) The term ‘child’ means (1) the child or legally adopted child of an individual, and (2) in the case of a living individual, a stepchild who has been such stepchild for not less than three years immediately preceding the day on which application for child’s benefits is filed, and (3) in the case of a deceased individual, a stepchild who has been such stepchild for not less than one year immediately preceding the day on which such individual died. For purposes of clause (1), a person shall be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if such person was at the time of such individual’s death living in such individual’s household and was legally adopted by such individual’s surviving spouse after such individuals death but before the end of two years after the day on which such individual died or the date of enactment of this Act; except that this sentence shall not apply if at the time of such individual’s death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 301(a)(2) · 72 Stat. 1013
Changed · 42 U.S.C. § 416(f)
Pub. L. 85–840, § 301(a)(2), included within definition of “husband” a person who in the month prior to the month of his marriage was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or who had attained age eighteen and was entitled to, or on application therefor would have been entitled to benefits under subsection (d) of section 402 of this title
Source evidence
Code amendment note
Subsec. (f). Pub. L. 85–840, § 301(a)(2), included within definition of “husband” a person who in the month prior to the month of his marriage was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or who had attained age eighteen and was entitled to, or on application therefor would have been entitled to benefits under subsection (d) of section 402 of this title.
Enacted provision · exact public law section
(2) Section 216 (f) of such Act is amended to read as follows: 42 USC 416. “(f) The term ‘husband’ means the husband of an individual, but only if (1) he is the father of her son or daughter, (2) he was married to her for a period of not less than three years immediately preceding the day on which his application is filed, or (3) in the month prior to the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection Ante, p. 1023. Post, pp. 1027, 1029, 1031, 1032. (f) or (h) of section 202, or (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 301(c)(2) · 72 Stat. 1013
Changed · 42 U.S.C. § 416(g)
Pub. L. 85–840, § 301(c)(2), included within definition of “widower” a person whose wife had legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, and a person who, in the month before the month of his marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title
Source evidence
Code amendment note
Subsec. (g). Pub. L. 85–840, § 301(c)(2), included within definition of “widower” a person whose wife had legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, and a person who, in the month before the month of his marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.
Enacted provision · exact public law section
(2) Section 216 (g) of such Act is amended to read as follows: 42 USC 416. “(g) The term ‘widower’ (except when used in section 202 (i)) means the surviving husband of an individual, but only if (1) he is the father of her son or daughter, (2) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (3) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (4) he was married to her at the time both of them legally adopted a child under the age of eighteen, (5) he was married to her for a period of not less than one year immediately prior to the day on which she died, or (6) in the month before the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 202, or (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 305(b) · 72 Stat. 1013
Repealed · 42 U.S.C. § 416(h)(3)
Pub. L. 85–840, § 305(b), repealed par. (3) which defined “living with” for purposes of section 402(i) of this title
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 85–840, § 305(b), repealed par. (3) which defined “living with” for purposes of section 402(i) of this title.
Enacted provision · exact public law section
(b) Provisions Relating to Widows and Widowers Section 216 (h) of such Act is amended by striking out paragraph (3). 42 USC 416.
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 201 · 72 Stat. 1013
1. Substituted · 42 U.S.C. § 416(i)(2)
  Pub. L. 85–840, § 201, substituted “while under such disability” for “while under a disability” in cl. (A)(ii)
2. Substituted · 42 U.S.C. § 416(i)(2)
  Pub. L. 85–840, § 201, substituted “eighteen-month period” for “one-year period” in cl. (A)(ii)
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 85–840, § 201, substituted “while under such disability” for “while under a disability” in opening provisions, and “eighteen-month period” for “one-year period” in cl. (A)(ii).
Enacted provision · exact public law section
Sec. 201. application for disability determination Section 216 (i) (2) of the Social Security Act is 42 USC 416. amended— (1) by striking out “while under a disability,” in the second sentence and inserting in lieu thereof “while under such disability,”; and (2) by striking out “one-year” in clause (ii) of subparagraph (A) and inserting in lieu thereof “eighteen-month”.
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 204(a) · 72 Stat. 1013
1. Struck · 42 U.S.C. § 416(i)(3)
  Pub. L. 85–840, § 204(a), struck out provisions that required, for a period of disability to begin with respect to any quarter, an individual to have not less than six quarters of coverage during the thirteen-quarter period which ends with such quarter
2. Inserted · 42 U.S.C. § 416(i)(3)
  Pub. L. 85–840, § 204(a), inserted provisions requiring an individual to be fully insured
Source evidence
Code amendment note
Subsec. (i)(3). Pub. L. 85–840, § 204(a), struck out provisions that required, for a period of disability to begin with respect to any quarter, an individual to have not less than six quarters of coverage during the thirteen-quarter period which ends with such quarter, and inserted provisions requiring an individual to be fully insured.
Enacted provision · exact public law section
(a) Paragraph (3) of section 216 (i) of such Act is amended to read as follows: “(3) The requirements referred to in clauses (A) and (B) of paragraphs (2) and (4) are satisfied by an individual with respect to any quarter only if— “(A) he would have been a fully insured individual (as defined in section 214) had he attained retirement age and filed application 42 USC 414. 42 USC 402. for benefits under section 202 (a) on the first day of such quarter; and “(B) he had not less than twenty quarters of coverage during the forty-quarter period which ends with such quarter, not counting as part of such forty-quarter period any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of any individual with respect to whom a period or disability would, but for such subparagraph, begin prior to 1951.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 203 · 72 Stat. 1013
1. Substituted · 42 U.S.C. § 416(i)(4)
  Pub. L. 85–840, § 203, substituted “July 1961” for “July 1958”
2. Substituted · 42 U.S.C. § 416(i)(4)
  Pub. L. 85–840, § 203, substituted “July 1960” for “July 1957”
3. Struck · 42 U.S.C. § 416(i)(4)
  Pub. L. 85–840, § 203, struck out provisions which required the applicant to be alive on July 1, 1955
Source evidence
Code amendment note
Subsec. (i)(4). Pub. L. 85–840, § 203, substituted “July 1961” for “July 1958” and “July 1960” for “July 1957”, and struck out provisions which required the applicant to be alive on July 1, 1955.
Enacted provision · exact public law section
Sec. 203. retroactive effect of applications for disability determination Paragraph (4) of section 216 (i) of such Act is amended 42 USC 416. by striking out “July 1957” and inserting in lieu thereof “July 1960”, by striking out “July 1958” and inserting in lieu thereof “July 1961”, and by striking out “, if such individual does not die prior to July 1, 1955,”.
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 207(a) · 74 Stat. 924
Substituted · 42 U.S.C. § 416(b)
Pub. L. 86–778, § 207(a), substituted “one year” for “three years”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 86–778, § 207(a), substituted “one year” for “three years”.
Enacted provision · exact public law section
(a) Section 216(b) of the Social Security Act is amended by striking out “not less than three years immediately preceding the day on which her application is filed” and inserting in lieu thereof “not less than one year immediately preceding the day on which her application is filed”.
1960
Social Security Amendments of 1960
Pub. L. 86–778 title II · 74 Stat. 924
Inserted · 42 U.S.C. § 416(e)
Pub. L. 86–778, §§ 207(b), 208(c), in first sentence, reduced the period for eligibility of a stepchild of a living individual from three years immediately preceding the day on which application for child’s benefits is filed to one year immediately preceding the day on which application for child’s benefits is filed, and inserted the last sentence requiring, for purposes of clause (2), that a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in last sentence of subsec. (h)(1)(B) of this section, would have been a valid marriage
Source evidence
Code amendment note
Subsec. (e). Pub. L. 86–778, §§ 207(b), 208(c), in first sentence, reduced the period for eligibility of a stepchild of a living individual from three years immediately preceding the day on which application for child’s benefits is filed to one year immediately preceding the day on which application for child’s benefits is filed, and inserted the last sentence requiring, for purposes of clause (2), that a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in last sentence of subsec. (h)(1)(B) of this section, would have been a valid marriage.
Enacted provision · exact public law
TITLE II— ELIGIBILITY FOR BENEFITS Sec. 201. children born or adopted after onset of parent’s disability (a) Section 202(d)(1)(C) of the Social Security Act is amended to read as follows: “(C) was dependent upon such individual— “(i) if such individual is living, at the time such application was filed, “(ii) if such individual has died, at the time of such death, or “(iii) if such individual had a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits,”. (b) Section 202 (d)(1) of such Act is further amended by adding at the end thereof the following new sentence: “In the case of an individual entitled to disability insurance benefits, the provisions of clause (i) of subparagraph (C) of this paragraph shall not apply to a child of such individual unless he (A) is the natural child or step-child of such individual (including such a child who was legally adopted by such individual) or (B) was legally adopted by such individual before the end of the twenty-four month period beginning with the month after the month in which such individual most recently became entitled to disability insurance benefits, but only if (i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption or (ii) such adopted child was living with such individual in such month.” (c) The amendments made by this section shall apply as though this Act had been enacted on August 28, 1958, and with respect to monthly benefits under section 202 of the Social Security Act for months after August 1958 based on applications for such benefits filed on or after August 28, 1958. Sec. 202. continued dependency of stepchild on natural father (a) Section 202(d)(3) of the Social Security Act is amended by striking out subparagraph (C), and by striking out “, or” at the end of subparagraph (B) and inserting in lieu thereof a period. (b) The amendments made by subsection (a) shall apply with respect to monthly benefits under section 202 of the Social Security Act for months beginning with the month in which this Act is enacted, but only if an application for such benefits is filed in or after such month. Sec. 203. payment of burial expenses (a) The second and third sentences of sections 202(i) of Ante, pp. 936, 937. the Social Security Act are amended to read as follows: “ If there is no such person, or if such person dies before receiving payment, then such amount shall be paid— “(1) if all or part of the burial expenses of such insured individual which are incurred by or through a funeral home or funeral homes remains unpaid, to such funeral home or funeral homes to the extent of such unpaid expenses, but only if (A) any person who assumed the responsibility for the payment of all or any part of such burial expenses files an application, prior to the expiration of two years after the date of death of such insured individual, requesting that such payment be made to such funeral home or funeral homes, or (B) at least 90 days have elapsed after the date of death of such insured individual and prior to the expiration of such 90 days no person has assumed responsibility for the payment of any of such burial expenses; “(2) if all of the burial expenses of such insured individual which were incurred by or through a funeral home or funeral homes have been paid (including payments made under clause (1)), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid such burial expenses; or “(3) if any part of the amount payable under this subsection remains after payments have been made pursuant to clauses (1) and (2), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid other expenses in connection with the burial of such insured individual, in the following order of priority: (A) expenses of opening and closing the grave of such insured individual, (B) expenses of providing the burial plot of such insured individual, and (C) any remaining expenses in connection with the burial of such insured individual. No payment (except a payment authorized pursuant to clause (1)(A) of the preceding sentence) shall be made to any person under this subsection unless application therefor shall have been filed, by or on behalf of such person (whether or not legally competent), prior to the expiration of two years after the date of death of such insured individual, or unless such person was entitled to wife’s or husband’s insurance benefits, on the basis of the wages and self-employment income of such insured individual, for the month preceding the month in which such individual died.” (b) The amendment made by subsection (a) shall apply— (1) in the case of the death of an individual occurring on or after the date of the enactment of this Act, and (2) in the case of the death of an individual occurring prior to such date, but only if no application for a lump-sum death payment under section 202(i) of the Social Security Act is filed on the basis of such individual’s wages and self-employment income prior to the third calendar month beginning after such date. Sec. 204. fully insured status (a) Section 214(a) of the Social Security Act is amended to read as follows: “Fully Insured Individual “(a) The term ‘fully insured individual’ means any individual who had not less than— “(1) one quarter of coverage (whenever acquired) for each three of the quarters elapsing— “(A) after (i) December 31, 1950, or (ii) if later, December 31 of the year in which he attained the age of twenty-one, and “(B) prior to (i) the year in which he died, or (ii) if earlier, the year in which he attained retirement age, except that in no case shall an individual be a fully insured individual unless he has at least six quarters of coverage; or “(2) forty quarters of coverage; or “(3) in the case of an individual who died prior to 1951, six quarters of coverage; not counting as an elapsed quarter for purposes of paragraph (1) any quarter any part of which was included in a period of disability (as Post, pp. 968, 969. defined in section 216(i)) unless such quarter was a quarter of coverage. When the number of elapsed quarters referred to in paragraph (1) is not a multiple of three, such number shall, for purposes of such paragraph, be reduced to the next lower multiple of three. (b) The primary insurance amount (for purposes of title II of the 42 USC 401 et seq. 42 USC 415. Social Security Act) of any individual who died after 1939 and prior to 1951 shall be determined as provided in section 215(a)(2) of such Act. (c) Section 109(b) of the Social Security Amendments of 1954 is amended by inserting immediately before the period at the end of such subsection “and in or prior to the month in which the Social Security Amendments of 1960 are enacted”. (d) (1) The amendments made by subsections (a) and (b) of this section shall be applicable (A) in the case of monthly benefits under title II of the Social Security Act for months after the month in which this Act is enacted, on the basis of applications filed in or after such month, (B) in the case of lump-sum death payments under such title with respect to deaths occurring after such month, and (C) in the case of an application for a disability determination with respect to a period of disability (as defined in section 216(i) of the Social Security Act) filed after such month. (2) For the purposes of determining (A) entitlement to monthly benefits under title II of the Social Security Act for the month in which this Act is enacted and prior months with respect to the wages and self-employment income or an individual and (B) an individual’s closing date prior to 1960 under section 215(b)(3)(B) of the Social Post, p. 961. Supra. Security Act, the provisions of section 214(a) of the Social Security Act in effect prior to the date of the enactment of this Act and the provisions of section 109 of the Social Security Amendments of 1954 in effect prior to such date shall apply. Sec. 205. survivors of individuals who died prior to 1040 and of certain other individuals (a) Subsections (d)(1), (e)(1), (g)(1), and (h)(1) of Ante, p. 946. Post, p. 969. 42 USC 402. section 202 of the Social Security Act are each amended by striking out “after 1939”. (b) That part of section 202(f)(1) of such Act which precedes subparagraph (A) is amended by striking out “after August 1950”. (c) The primary insurance amount (for purposes of title II of the Social Security Act) of any individual who died prior to 1940, and 42 USC 401 et seq. who had not less than six quarters of coverage (as defined in section 213 of such Act), shall be computed under section 215(a)(2) of such 42 USC 413. Act. (d) The preceding provisions of this section and the amendments made thereby shall apply only in the case of monthly benefits under title II of the Social Security Act for months after the month in which this Act is enacted, on the basis of applications filed in or after such month. Sec. 206. crediting of quarters of coverage for years before 1951 (a) Section 213(a)(2) of the Social Security Act is amended by striking out all that precedes “$3,600 in the case of a calendar year after 1950 and before 1955” in clause (ii) of subparagraph (B) and inserting in lieu thereof the following: “(2) The term ‘quarter of coverage’ means a quarter in which the individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under section 212) with $100 or more of self-employment 42 USC 412. income, except that— “(i) no quarter after the quarter in which such individual died shall be a quarter of coverage, and no quarter any part of which was included in a period of disability (other than the initial quarter and the last quarter of such period) shall lie a quarter of coverage; “(ii) if the wages paid to any individual in any calendar year equal $3,000 in the case of a calendar year before 1951, or”. (b) (1) Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only in the case of monthly benefits under title II of the Social Security Act, and the lump-sum death payment, under section 202 of such Act, based on the wages and self-employment income of an individual— (A) who becomes entitled to benefits under section 202(a) or 223 of such Act on the basis of an application filed in or after 42 USC 423. the month in which this Act is enacted; or (B) who is (or would, but for the provisions of section 215(f)(6) of the Social Security Act, be) entitled to a recomputation 42 USC 415. of his primary insurance amount under section 215(f)(2)(A) of such Act on the basis of an application filed in or after the month in which this Act is enacted; or (C) who dies without becoming entitled to benefits under section 202(a) or 223 of the Social Security Act, and (unless he dies a currently insured individual but not a fully insured individual (as those terms are defined in section 214 of such Act)) without leaving any individual entitled (on the basis of his wages and self-employment income) to survivor’s benefits or a lump-sum death payment under section 202 of such Act on the basis of an application filed prior to the month in which this Act is enacted; or (D) who dies in or after the month in which this Act is enacted and whose survivors are (or would, but for the provisions of sec-tion 42 USC 415. 215(f)(6) of the Social Security Act, be) entitled to a recomputation of his primary insurance amount under section Post, p. 963. 215(f)(4)(A) of such Act; or (E) who dies prior to the month in which this Act is enacted and (i) whose survivors are (or would, but for the provisions of section 215(f)(6) of the Social Security Act, be) entitled to a recomputation of his primary insurance amount under section 215(f)(4)(A) of such Act, and (ii) on the basis of whose wages and self-employment income no individual was entitled to survivor’s 42 USC 402. benefits or a lump-sum death payment under section 202 of such Act on the basis of an application filed prior to the month in which this Act is enacted (and no individual was entitled to such a benefit, without the filing of an application, for any month prior to the month in which this Act is enacted); or (F) who files an application for a recomputation under section 68 Stat. 1071. 42 USC 415 note. 102(f)(2)(B) of the Social Security Amendments of 1954 in or after the month in which this Act is enacted and is (or would, but for the fact that such recomputation would not result in a higher primary insurance amount, be) entitled to have his primary insurance amount recomputed under such subparagraph; or (G) who dies and whose survivors are (or would, but for the fact that such recomputation would not result in a higher primary insurance amount for such individual, be) entitled, on the basis of an application filed in or after the month in which this Act is enacted, to have his primary insurance amount recomputed under section 102(f)(2)(B) of the Social Security Amendments of 1954. (2) The amendment made by subsection (a) shall also be applicable in the case of applications for disability determination under section Post, pp. 968, 969. 216(i) of the Social Security Act filed in or after the month in which this Act is enacted. (3) Notwithstanding any other provision of this subsection, in the case of any individual who would not be a fully insured individual Ante, p. 948. under section 214(a) of the Social Security Act except for the enactment of this section, no benefits shall be payable on the basis of his wages and self-employment income for any month prior to the month in which this Act is enacted. Sec. 207. time needed to acquire status of wife, child, or husband in certain cases (a) Section 216(b) of the Social Security Act is amended by striking out “not less than three years immediately preceding the day on which her application is filed” and inserting in lieu thereof “not less than one year immediately preceding the day on which her application is filed”. (b) The first sentence of section 216(e) of such Act is amended to read as follows: “The term ‘child’ means (1) the child or legally adopted child of an individual, and (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child’s insurance benefits is filed or (if the insured individual is deceased) the day on which such individual died.” (c) Section 216(f) of such Act is amended by striking out “not less than three years immediately preceding the day on which his application is filed” and inserting in lieu thereof “not less than one year immediately preceding the day on which bis application is filed”. (d) The amendments made by this section shall apply only with respect to monthly benefits under section 202 of the Social Security Act 42 USC 402. for months beginning with the month in which this Act is enacted, on the basis of applications filed in or after such month. Sec. 208. marriages subject to legal impediment (a) Section 216(h)(1) of the Social Security Act is 42 USC 416. amended by inserting “(A)” after “(1)”, and by adding at the end thereof the following new subparagraph: “(B) In any case where under subparagraph (A) an applicant is not (and is not deemed to be) the wife, widow, husband, or widower of a fully or currently insured individual, or where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual, but it is established to the satisfaction of the Secretary that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage, and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application, then, for purposes of subparagraph (A) and subsections (b), (c), (f), and (g), such purported marriage shall be deemed to be a valid marriage. The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 202 on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant, files the application, or (ii) if the Secretary determines, on the basis of information brought to his attention, that such applicant entered into such purported marriage with such insured individual with knowledge that it would not be a valid marriage. The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g) of section 202, based on the wages and self-employment income of such insured individual, of a person who would not be deemed to be a wife, widow, husband, or widower of such insured individual but for this subparagraph, shall end with the month before the month (i) in which the Secretary certifies, pursuant to section 205(i), 42 USC 405. that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 202 on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 202, in which such applicant entered into a marriage, valid without regard to this subparagraph, with a person other than such insured individual. For purposes of this subparagraph, a legal impediment to the validity of a purported marriage includes only an impediment (i) resulting from the lack of dissolution of a previous marriage or otherwise arising out of such previous marriage or its dissolution, or (ii) resulting from a defect in the procedure followed in connection with such purported marriage.” (b) Section 216(h)(2) of such Act is amended by inserting “(A)” after “(2)”, and by adding at the end thereof the following new subparagraph: “(B) If an applicant is a son or daughter of a fully or currently insured individual but is not (and is not deemed to be) the child of such insured individual under subparagraph (A), such applicant shall nevertheless be deemed to be the child of such insured individual if such insured individual and the mother or father, as the case may be, of such applicant went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of paragraph (1)(B), would have been a valid marriage.” (c) Section 216(e) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of Ante, p. 946. subsection (h)(1)(B), would have been a valid marriage.” (d) Section 202(d)(3) of such Act (as amended by section 202 of this Act) is amended by adding after and below subparagraph (B) the following new sentence: “For purposes of this paragraph, a child deemed to be a child of a Ante, p. 951. fully or currently insured individual pursuant to section 216(h)(2)(B) shall, if such individual is the child’s father, be deemed to be the legitimate child of such individual.” (e) Where— (1) one or more persons were entitled (without the application 42 USC 402. of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 of such Act for the month before the month in which this Act is enacted on the basis of the wages and self-employment income of an individual; and (2) any person is entitled to benefits under subsection (b), (c), (d), (e), (f), or (g) of section 202 of the Social Security Act for any subsequent month on the basis of such individual’s wages and self-employment income and such person would not be entitled to such benefits but for the enactment of this section; and (3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such individual’s wages and self-employment income for such subsequent month is reduced by reason of the application of section 42 USC 403. 203(a) of such Act, then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall not, after the application of such section 203(a), be less than the amount it would have been (determined without regard to Post, p. 982. section 301) if no person referred to in paragraph (2) of this subsection was entitled to a benefit referred to in such paragraph for such subsequent month on the basis of such wages and self-employment income of such individual. (f) The amendments made by the preceding provisions of this section shall be applicable (1) with respect to monthly benefits under 42 USC 401 et seq. title II of the Social Security Act for months beginning with the month in which this Act is enacted on the basis of an application filed in or after such month, and (2) in the case of a lump-sum death payment under such title based on an application filed in or after such month, but only if no person, other than the person filing such application, has filed an application for a lump-sum death payment under such title prior to the date of the enactment of this Act with respect to the death of the same individual. Sec. 209. penalty deductions under foreign work test (a) The subsection of section 203 of the Social Security Act redesignated as subsection (g) by section 211(c) of this Act is Infra. amended by striking out “(b) or (c)” wherever it appears and inserting in lieu thereof “(c)”; and by striking out “(other than an event specified in subsection (b)(1) or (c)(1))”. (b) No deduction shall be imposed on or after the date of the enactment of this Act under section 203(f) of the Social Security Act. as in effect prior to such date, on account of failure to file a report of an event described in section 203(c) of such Act, as in effect prior to such date; and no such deduction imposed prior to such date shall be collected after such date. Sec. 210. extension of filing period for husband’s, widower’s, or parent’s benefits in certain cases (a) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act except for the enactment of this Act, the requirement in section 202(c)(1)(C) of the Social Security Act relating to the time 42 USC 402. within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. (b) In the case of any widower who would not be entitled to widower’s insurance benefits under section 202(f) of the Social Security Act except for the enactment of this Act, the requirement in Ante, p. 949. section 202(f)(1)(D) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. (c) In the case of any parent who would not be entitled to parent’s insurance benefits under section 202(h) of the Social Security Act except for the enactment of this Act, the requirement in section 202(11)(1)(B) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. Sec. 211. increase in the earned income limitation (a) Subsection (b) of section 203 of the Social Security Act is amended to read as follows: 42 USC 403. “Deductions On Account of Work “(b) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this title to which an individual is entitled, and from any payment or payments to which any other persons are entitled on the basis of such individual’s wages and self-employment income, until the total of such deductions equals— “(1) such individual’s benefit or benefits under section 202 for any month, and “(2) if such individual was entitled to old-age insurance benefits under section 202(a) for such month, the benefit or benefits of all other persons for such month under section 202 based on such individual’s wages and self-employment income, if for such month he is charged with excess earnings, under the provisions of subsection (f) of this section, equal to the total of benefits referred to in clauses (1) and (2). If the excess earnings so charged are less than such total of benefits, such deductions with respect to such month shall be equal only to the amount of such excess earnings. If a child who has attained the age of 18 and is entitled to child’s insurance benefits, or a person who is entitled to mother’s insurance benefits, is married to an individual entitled to old-age insurance benefits under section 202(a), such child or such person, as the case may be, shall, for the purposes of this subsection and subsection (f), be deemed to be entitled to such benefits on the basis of the wages and self-employment income of such individual entitled to old-age insurance benefits. If a deduction has already been made under this subsection with respect to a person’s benefit or benefits under section 202 for a month, he shall be deemed entitled to payments under such section for such month for purposes of further deductions under this subsection, and for purposes of charging of each person’s excess earnings under subsection (f), only to the extent of the total of his benefits remaining after such earlier deductions have been made. For purposes of this subsection and subsection (f)— “(A) an individual shall be deemed to be entitled to payments under section 202 equal to the amount of the benefit or benefits to which he is entitled under such section after the application of subsection (a) of this section, but without the application of the penultimate sentence thereof; and “(B) if a deduction is made with respect to an individual’s benefit or benefits under section 202 because of the occurrence in any month of an event specified in subsection (c) or (d) of this section 42 USC 422. or in section 222(b), such individual shall not be considered to be entitled to any benefits under such section 202 for such month.” (b) Subsection (c) of section 203 of such Act is amended to read as follows: “Deductions on Account of Noncovered Work Outside the United States or Failure to Have Child in Care “(c) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this title to which an individual is entitled, until the total of such deductions equals such individual’s benefit or benefits under section 202 for any month— “(1) in which such individual is under the age of seventy-two and on seven or more different calendar days of which he engaged in noncovered remunerative activity outside the United States; or “(2) in which such individual, if a wife under age sixty-five entitled to a wife’s insurance benefit, did not have in her care (individually or jointly with her husband) a child of her husband entitled to a child’s insurance benefit and such wife’s insurance benefit for such month was not reduced under the provisions of section Post, p. 957. 202(q); or “(3) in which such individual, if a widow entitled to a mother’s insurance benefit, did not have in her care a child of her deceased husband entitled to a child’s insurance benefit; or “(4) in which such individual, if a former wife divorced entitled to a mother’s insurance benefit, did not have in her care a child of her deceased former husband who (A) is her son, daughter, or legally adopted child and (B) is entitled to a child’s insurance benefit on the basis of the wages and self-employment income of her deceased former husband. For purposes of paragraphs (2), (3), and (4) of this subsection, a child shall not be considered to be entitled to a child’s insurance benefit for any month in which an event specified in section 222(b) occurs with respect to such child. No deduction shall be made under this subsection from any child’s insurance benefit for the month in which the child entitled to such benefit attained the age of eighteen or any subsequent month.” (c) Section 203 of such Act is amended by redesignating subsections 42 USC 403. (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively, and by inserting after subsection (c) the following new subsection: “Deductions From Dependents’ Benefits on Account of Noncovered Work Outside the United States by Old-Age Insurance Beneficiary “(d) (1) Deductions shall be made from any wife’s, husband’s, or child’s insurance benefit, based on the wages and self-employment income of an individual entitled to old-age insurance benefits, to which a wife, husband, or child is entitled, until the total of such deductions equals such wife’s, husband’s, or child’s insurance benefit or benefits under section 202 for any month in which such individual is under 42 USC 402. the age of seventy-two and on seven or more different calendar days of which he engaged in noncovered remunerative activity outside the United States. “(2) Deductions shall be made from any child’s insurance benefit to which a child who has attained the age of eighteen is entitled, or from any mother’s insurance benefit to which a person is entitled, until the total of such deductions equals such child’s insurance benefit or benefits or mother’s insurance benefit or benefits under section 202 for any month in which such child or person entitled to mother’s insurance benefits is married to an individual who is entitled to old-age insurance benefits and on seven or more different calendar days of which such individual engaged in noncovered remunerative activity outside the United States.” (d) The subsection of section 203 of such Act redesignated as subsection (e) by subsection (c) of this section is amended to read as follows: “Occurrence of More Than One Event “(e) If more than one of the events specified in subsections (c) and (d) and section 222(b) occurs in any one month which would 42 USC 422. occasion deductions equal to a benefit for such month, only an amount equal to such benefit shall be deducted.” (e) The subsection of section 203 of such Act redesignated as subsection (f) by subsection (c) of this section is amended to read as follows: “Months to Which Earnings Are Charged “(f) For purposes of subsection (b)— “(1) The amount of an individual’s excess earnings (as defined in paragraph (3)) shall be charged to months as follows: There shall be charged to the first month of such taxable year an amount of his excess earnings equal to the sum of the payments to which he and all other persons are entitled for such month under section 202 on the basis of his wages and self-employment income (or the total of his excess earnings if such excess earnings are less than such sum), and the balance, if any, of such excess earnings shall be charged to each succeeding month in such year to the extent, in the case of each such month, of the sum of the payments to which such individual and all other persons are entitled for such month under section 202 on the basis of his wages and self-employment income, until the total of such excess has been so charged. Where an individual is entitled to benefits under section 202(a) and other persons are entitled to benefits under section 202 (b), (c), or (d) on the basis of the wages and self-employment income of such individual, the excess earnings of such individual for any taxable year shall be charged in accordance with the provisions of this subsection before the excess earnings of such persons for a taxable year are charged to months in such individual’s taxable year. Notwithstanding the preceding provisions of this paragraph, no part of the excess earnings of an individual shall be charged to any month (A) for which such individual was not entitled to a benefit under this title, (B) in which such individual was age seventy-two or over, (C) in which such individual, if a child entitled to child’s insurance benefits, has attained the age of 18, or (D) in which such individual did not engage in self-employment and did not render services for wages (determined as provided in paragraph (5) of this subsection) of more than $100. “(2) As used in paragraph (1), the term ‘first month of such taxable year’ means the earliest month in such year to which the charging of excess earnings described in such paragraph is not prohibited by the application of clauses (A), (B), (C), and (D) thereof. “(3) For purposes of paragraph (1) and subsection (h), an individual’s excess earnings for a taxable year shall be his earnings for such year in excess of the product of $100 multiplied by the number or months in such year, except that of the first $300 of such excess (or all of such excess if it is less than $300), an amount equal to one-half thereof shall not be included. The excess earnings as derived under the preceding sentence, if not a multiple of $1, shall be reduced to the next lower multiple of $1. “(4) For purposes of clause (D) of paragraph (1)— “(A) An individual will be presumed, with respect to any month, to have been engaged in self-employment in such month until it is shown to the satisfaction of the Secretary that such individual rendered no substantial services in such month with respect to any trade or business the net income or loss of which is includible in computing (as provided in paragraph (5) of this subsection) his net earnings or net loss from self-employment for any taxable year. The Secretary shall by regulations prescribe the methods and criteria for determining whether or not an individual has rendered substantial services with respect to any trade or business. “(B) An individual will be presumed, with respect to any month, to have rendered services for wages (determined as provided in paragraph (5) of this subsection) of more than $100 until it is shown to the satisfaction of the Secretary that such individual did not render such services in such month for more than such amount. “(5) (A) An individual’s earnings for a taxable year shall be (i) the sum of his wages for services rendered in such year and his net earnings from self-employment for such year, minus (ii) any net loss from self-employment for such year. “(B) In determining an individual’s net earnings from self-employment and his net loss from self-employment for purposes of subparagraph (A) of this paragraph and paragraph (4), the Ante, pp. 937, 938, 945. provisions of section 211, other than paragraphs (1), (4), and (5) of subsection (c), shall be applicable; and any excess of income over deductions resulting from such a computation shall be his net earnings from self-employment and any excess of deductions over income so resulting shall be his net loss from self-employment. “(C) For purposes of this subsection, an individual’s wages shall be computed without regard to the limitations as to amounts of remuneration specified in subsections (a), (g)(3), (h)(2), and (j) of section 209; and in making such computation Ante, pp. 937, 938. services which do not constitute employment as defined in section 210, performed within the United States by the individual as an employee or performed outside the United States in the active military or naval service of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing his net earnings or net loss from self-employment. “(6) For purposes of this subsection, wages (determined as provided in paragraph (5)(C)) which, according to reports received by the Secretary, are paid to an individual during a taxable year shall be presumed to have been paid to him for services performed in such year until it is shown to the satisfaction of the Secretary that they were paid for services performed in another taxable year. If such reports with respect to an individual show his wages for a calendar year, such individual’s taxable year shall be presumed to be a calendar year for purposes of this subsection until it is shown to the satisfaction of the Secretary that his taxable year is not a calendar year. “(7) Where an individual’s excess earnings are charged to a month and the excess earnings so charged are less than the total of the payments (without regard to such charging) to which all persons are entitled under section 202 for such month on the 42 USC 402. basis of his wages and self-employment income, the difference between such total and the excess so charged to such month shall be paid (if it is otherwise payable under this title) to such individual and other persons in the proportion that the benefit to which each of them is entitled (without regard to such charging, without the application of section 202 (k)(3), and prior to the application of section 203(a)) bears to the total of the benefits to which all of them are entitled.” (f) The subsection of section 203 of such Act redesignated as subsection Ante, p. 955. (h) by subsection (c) of this section is amended (1) by striking out “paragraph (4) of subsection (e)” wherever it appears and inserting in lieu thereof “paragraph (5) of subsection (f)”, (2) by striking out in subparagraph (B) of paragraph (1) “paragraph (3) of subsection (g)” and inserting in lieu thereof “paragraph (3) of this subsection”, (3) by striking out “(b)(1)” wherever it appears and inserting in lieu thereof “(b)”, and (4) by striking out in paragraph (3) “suspend the payment” and insert in lieu thereof “suspend the total or less than the total payment”. (g) The subsection of section 203 of such Act redesignated as subsection (i) by subsection (c) of this section is amended by striking out “subsection (b), (f), or (g) of this section” and inserting in lieu thereof “subsection (b), (c), (g), or (h) of this section”. (h) Subsection (1) of section 203 of such Act is amended by striking 42 USC 403. out “subsection (f) or (g)(1)(A)” and inserting in lieu thereof “subsection (g) or (h)(1)(A)”. (i) The last sentence of section 202(n)(1) of such Act is amended by striking out “Section 203 (b) and (c)” and inserting in lieu thereof “Section 203 (b), (c), and (d)”. (j) (1) Clause (A) of section 202(q)(5) of such Act is amended by striking out “paragraph (1) or (2) of” and by inserting before the comma at the end thereof “or paragraph (1) of section 203(c)”. (2) Clause (B) of such section 202(q)(5) is amended by striking out “paragraph (1) or (2) of section 203(b), under section 203(c)” and inserting in lieu thereof “section 203(b), under section 203(c)(1), under section 203(d)(1)”. (k) (1) Clause (A) of section 202 (q)(6) of such Act is amended by striking out “section 203(b)(1) or (2), under section 203(c)” and inserting in lieu thereof “section 203(b), under section 203(c)(1). under section 203(d)(1)”. (2) Clause (D) of such section 202(q)(6) is amended by striking out “paragraph (1) or (2) of” and by inserting immediately before the period “or paragraph (1) of section 203 (c)”. (l) Section 202 (t)(7) of such Act is amended by striking out “Subsections (b) and (c) of section 203” and inserting in lieu thereof “Subsections (b), (c), and (d) of section 203”. (m) Section 208(a)(3) of such Act is amended by striking out “section 203(e)” and inserting in lieu thereof “section 203(f)”. (n) Section 215(g) of such Act is amended by striking out “203(a)” and inserting in lieu thereof “203(a) and deductions under section 203(b)”. (o) (1) Section 3(e) of the Railroad Retirement Act of 1937 is amended by striking out “subsections (f) and (g)(2) of section 203 of the Social Security Act” and inserting in lieu thereof “subsections (g) and (h)(2) of section 203of the Social Security Act”. (2) Section 5(i)(1)(ii) of the Railroad Retirement Act of 1937 is amended— (A) by striking out “section 203 (e) ” each place it appears and inserting in lieu thereof “section 203(f)”: (B) by striking out “section 203(g)(3)” and inserting in lieu thereof “section 203(h)(3)”; and (C) by striking out “earnings” each place it appears and inserting in lieu thereof “excess earnings”. (p) Section 203 (c), (d), (e), (g), and (i) of the Social Security Act as amended by this Act shall be effective with respect to monthly benefits for months after December 1960. (q) Section 203 (b), (f), and (h) of the Social Security Act as amended by this Act shall be effective with respect to taxable years beginning after December 1960. (r) Section 203(1) of the Social Security Act as amended by this Act, to the extent that it applies to section 203(g) of the Social Security Act as amended by this Act, shall be effective with respect to monthly benefits for months after December 1960 and, to the extent that it applies to section 203(h)(1)(A) of the Social Security Act as amended by this Act, shall be effective with respect to taxable years beginning after December 1960. (s) The amendments made by subsections (i), (j), (k), (1), (m), (n), and (o) of this section, to the extent that they make changes in references to provisions of section 203 of the Social Security Act, shall take effect in the manner provided in subsections (p) and (q) of this section for the provisions of such section 203 to which the respective references so changed relate. (t) In any case where— (1) an individual has earnings (as defined in section 203(e)(4) of the Social Security Act as in effect prior to the enactment of this Act) in a taxable year which begins before 1961 and ends in 1961 (but not on December 31, 1961), and (2) such individual’s spouse or child entitled to monthly benefits on the basis of such individual’s self-employment income has excess earnings (as defined in section 203(f)(3) of the Social Security Act as amended by this Act) in a taxable year which begins after 1960, and (3) one or more months in the taxable year specified in paragraph (2) are included in the taxable year specified in paragraph (1), then, if a deduction is imposed against the benefits payable to such individual with respect to a month described in paragraph (3), such spouse or child, as the case may be, shall not. for purposes of subsections (b) and (f) of section 203 of the Social Security Act as amended by this Act, be entitled to a payment for such month.
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 207(c) · 74 Stat. 924
Substituted · 42 U.S.C. § 416(f)
Pub. L. 86–778, § 207(c), substituted “one year” for “three years”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 86–778, § 207(c), substituted “one year” for “three years”.
Enacted provision · exact public law section
(c) Section 216(f) of such Act is amended by striking out “not less than three years immediately preceding the day on which his application is filed” and inserting in lieu thereof “not less than one year immediately preceding the day on which bis application is filed”.
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 208(a) · 74 Stat. 924
1. Amended · 42 U.S.C. § 416(h)(1)
  Pub. L. 86–778, § 208(a), designated existing provisions as subpar. (A)
2. Added · 42 U.S.C. § 416(h)(1)
  Pub. L. 86–778, § 208(a), added subpar. (B)
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 86–778, § 208(a), designated existing provisions as subpar. (A) and added subpar. (B).
Enacted provision · exact public law section
(a) Section 216(h)(1) of the Social Security Act is 42 USC 416. amended by inserting “(A)” after “(1)”, and by adding at the end thereof the following new subparagraph: “(B) In any case where under subparagraph (A) an applicant is not (and is not deemed to be) the wife, widow, husband, or widower of a fully or currently insured individual, or where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual, but it is established to the satisfaction of the Secretary that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage, and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application, then, for purposes of subparagraph (A) and subsections (b), (c), (f), and (g), such purported marriage shall be deemed to be a valid marriage. The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 202 on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant, files the application, or (ii) if the Secretary determines, on the basis of information brought to his attention, that such applicant entered into such purported marriage with such insured individual with knowledge that it would not be a valid marriage. The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g) of section 202, based on the wages and self-employment income of such insured individual, of a person who would not be deemed to be a wife, widow, husband, or widower of such insured individual but for this subparagraph, shall end with the month before the month (i) in which the Secretary certifies, pursuant to section 205(i), 42 USC 405. that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 202 on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 202, in which such applicant entered into a marriage, valid without regard to this subparagraph, with a person other than such insured individual. For purposes of this subparagraph, a legal impediment to the validity of a purported marriage includes only an impediment (i) resulting from the lack of dissolution of a previous marriage or otherwise arising out of such previous marriage or its dissolution, or (ii) resulting from a defect in the procedure followed in connection with such purported marriage.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 208(b) · 74 Stat. 924
1. Amended · 42 U.S.C. § 416(h)(2)
  Pub. L. 86–778, § 208(b), designated existing provisions as subpar. (A)
2. Added · 42 U.S.C. § 416(h)(2)
  Pub. L. 86–778, § 208(b), added subpar. (B)
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 86–778, § 208(b), designated existing provisions as subpar. (A) and added subpar. (B).
Enacted provision · exact public law section
(b) Section 216(h)(2) of such Act is amended by inserting “(A)” after “(2)”, and by adding at the end thereof the following new subparagraph: “(B) If an applicant is a son or daughter of a fully or currently insured individual but is not (and is not deemed to be) the child of such insured individual under subparagraph (A), such applicant shall nevertheless be deemed to be the child of such insured individual if such insured individual and the mother or father, as the case may be, of such applicant went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of paragraph (1)(B), would have been a valid marriage.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 title II · 74 Stat. 924
1. Substituted · 42 U.S.C. § 416(i)(2)
  Pub. L. 86–778, §§ 402(e), 403(c), redefined “period of disability” to include a period of less than six full calendar months’ duration if the individual was entitled to benefits under section 423 of this title for one or more months in such period, prohibited acceptance of an application, in any case in which clause (ii) of section 423(a) of this title is applicable, filed more than six months before the first month for which the applicant becomes entitled to benefits under section 423 of this title, substituted provisions requiring a period of disability to end with the close of the last day of the month preceding whichever of the following months is the earlier: the month in which the individual attains age 65 or the third month following the month in which the disability ceases, for provisions which required a period of disability to end with the close of the last day of the first month in which either the disability ceases or the individual attains the age of 65
2. Inserted · 42 U.S.C. § 416(i)(2)
  Pub. L. 86–778, §§ 402(e), 403(c), redefined “period of disability” to include a period of less than six full calendar months’ duration if the individual was entitled to benefits under section 423 of this title for one or more months in such period, prohibited acceptance of an application, in any case in which clause (ii) of section 423(a) of this title is applicable, filed more than six months before the first month for which the applicant becomes entitled to benefits under section 423 of this title, inserted sentence providing that any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 86–778, §§ 402(e), 403(c), redefined “period of disability” to include a period of less than six full calendar months’ duration if the individual was entitled to benefits under section 423 of this title for one or more months in such period, prohibited acceptance of an application, in any case in which clause (ii) of section 423(a) of this title is applicable, filed more than six months before the first month for which the applicant becomes entitled to benefits under section 423 of this title, substituted provisions requiring a period of disability to end with the close of the last day of the month preceding whichever of the following months is the earlier: the month in which the individual attains age 65 or the third month following the month in which the disability ceases, for provisions which required a period of disability to end with the close of the last day of the first month in which either the disability ceases or the individual attains the age of 65, and inserted sentence providing that any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.
Enacted provision · exact public law
TITLE II— ELIGIBILITY FOR BENEFITS Sec. 201. children born or adopted after onset of parent’s disability (a) Section 202(d)(1)(C) of the Social Security Act is amended to read as follows: “(C) was dependent upon such individual— “(i) if such individual is living, at the time such application was filed, “(ii) if such individual has died, at the time of such death, or “(iii) if such individual had a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits,”. (b) Section 202 (d)(1) of such Act is further amended by adding at the end thereof the following new sentence: “In the case of an individual entitled to disability insurance benefits, the provisions of clause (i) of subparagraph (C) of this paragraph shall not apply to a child of such individual unless he (A) is the natural child or step-child of such individual (including such a child who was legally adopted by such individual) or (B) was legally adopted by such individual before the end of the twenty-four month period beginning with the month after the month in which such individual most recently became entitled to disability insurance benefits, but only if (i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption or (ii) such adopted child was living with such individual in such month.” (c) The amendments made by this section shall apply as though this Act had been enacted on August 28, 1958, and with respect to monthly benefits under section 202 of the Social Security Act for months after August 1958 based on applications for such benefits filed on or after August 28, 1958. Sec. 202. continued dependency of stepchild on natural father (a) Section 202(d)(3) of the Social Security Act is amended by striking out subparagraph (C), and by striking out “, or” at the end of subparagraph (B) and inserting in lieu thereof a period. (b) The amendments made by subsection (a) shall apply with respect to monthly benefits under section 202 of the Social Security Act for months beginning with the month in which this Act is enacted, but only if an application for such benefits is filed in or after such month. Sec. 203. payment of burial expenses (a) The second and third sentences of sections 202(i) of Ante, pp. 936, 937. the Social Security Act are amended to read as follows: “ If there is no such person, or if such person dies before receiving payment, then such amount shall be paid— “(1) if all or part of the burial expenses of such insured individual which are incurred by or through a funeral home or funeral homes remains unpaid, to such funeral home or funeral homes to the extent of such unpaid expenses, but only if (A) any person who assumed the responsibility for the payment of all or any part of such burial expenses files an application, prior to the expiration of two years after the date of death of such insured individual, requesting that such payment be made to such funeral home or funeral homes, or (B) at least 90 days have elapsed after the date of death of such insured individual and prior to the expiration of such 90 days no person has assumed responsibility for the payment of any of such burial expenses; “(2) if all of the burial expenses of such insured individual which were incurred by or through a funeral home or funeral homes have been paid (including payments made under clause (1)), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid such burial expenses; or “(3) if any part of the amount payable under this subsection remains after payments have been made pursuant to clauses (1) and (2), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid other expenses in connection with the burial of such insured individual, in the following order of priority: (A) expenses of opening and closing the grave of such insured individual, (B) expenses of providing the burial plot of such insured individual, and (C) any remaining expenses in connection with the burial of such insured individual. No payment (except a payment authorized pursuant to clause (1)(A) of the preceding sentence) shall be made to any person under this subsection unless application therefor shall have been filed, by or on behalf of such person (whether or not legally competent), prior to the expiration of two years after the date of death of such insured individual, or unless such person was entitled to wife’s or husband’s insurance benefits, on the basis of the wages and self-employment income of such insured individual, for the month preceding the month in which such individual died.” (b) The amendment made by subsection (a) shall apply— (1) in the case of the death of an individual occurring on or after the date of the enactment of this Act, and (2) in the case of the death of an individual occurring prior to such date, but only if no application for a lump-sum death payment under section 202(i) of the Social Security Act is filed on the basis of such individual’s wages and self-employment income prior to the third calendar month beginning after such date. Sec. 204. fully insured status (a) Section 214(a) of the Social Security Act is amended to read as follows: “Fully Insured Individual “(a) The term ‘fully insured individual’ means any individual who had not less than— “(1) one quarter of coverage (whenever acquired) for each three of the quarters elapsing— “(A) after (i) December 31, 1950, or (ii) if later, December 31 of the year in which he attained the age of twenty-one, and “(B) prior to (i) the year in which he died, or (ii) if earlier, the year in which he attained retirement age, except that in no case shall an individual be a fully insured individual unless he has at least six quarters of coverage; or “(2) forty quarters of coverage; or “(3) in the case of an individual who died prior to 1951, six quarters of coverage; not counting as an elapsed quarter for purposes of paragraph (1) any quarter any part of which was included in a period of disability (as Post, pp. 968, 969. defined in section 216(i)) unless such quarter was a quarter of coverage. When the number of elapsed quarters referred to in paragraph (1) is not a multiple of three, such number shall, for purposes of such paragraph, be reduced to the next lower multiple of three. (b) The primary insurance amount (for purposes of title II of the 42 USC 401 et seq. 42 USC 415. Social Security Act) of any individual who died after 1939 and prior to 1951 shall be determined as provided in section 215(a)(2) of such Act. (c) Section 109(b) of the Social Security Amendments of 1954 is amended by inserting immediately before the period at the end of such subsection “and in or prior to the month in which the Social Security Amendments of 1960 are enacted”. (d) (1) The amendments made by subsections (a) and (b) of this section shall be applicable (A) in the case of monthly benefits under title II of the Social Security Act for months after the month in which this Act is enacted, on the basis of applications filed in or after such month, (B) in the case of lump-sum death payments under such title with respect to deaths occurring after such month, and (C) in the case of an application for a disability determination with respect to a period of disability (as defined in section 216(i) of the Social Security Act) filed after such month. (2) For the purposes of determining (A) entitlement to monthly benefits under title II of the Social Security Act for the month in which this Act is enacted and prior months with respect to the wages and self-employment income or an individual and (B) an individual’s closing date prior to 1960 under section 215(b)(3)(B) of the Social Post, p. 961. Supra. Security Act, the provisions of section 214(a) of the Social Security Act in effect prior to the date of the enactment of this Act and the provisions of section 109 of the Social Security Amendments of 1954 in effect prior to such date shall apply. Sec. 205. survivors of individuals who died prior to 1040 and of certain other individuals (a) Subsections (d)(1), (e)(1), (g)(1), and (h)(1) of Ante, p. 946. Post, p. 969. 42 USC 402. section 202 of the Social Security Act are each amended by striking out “after 1939”. (b) That part of section 202(f)(1) of such Act which precedes subparagraph (A) is amended by striking out “after August 1950”. (c) The primary insurance amount (for purposes of title II of the Social Security Act) of any individual who died prior to 1940, and 42 USC 401 et seq. who had not less than six quarters of coverage (as defined in section 213 of such Act), shall be computed under section 215(a)(2) of such 42 USC 413. Act. (d) The preceding provisions of this section and the amendments made thereby shall apply only in the case of monthly benefits under title II of the Social Security Act for months after the month in which this Act is enacted, on the basis of applications filed in or after such month. Sec. 206. crediting of quarters of coverage for years before 1951 (a) Section 213(a)(2) of the Social Security Act is amended by striking out all that precedes “$3,600 in the case of a calendar year after 1950 and before 1955” in clause (ii) of subparagraph (B) and inserting in lieu thereof the following: “(2) The term ‘quarter of coverage’ means a quarter in which the individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under section 212) with $100 or more of self-employment 42 USC 412. income, except that— “(i) no quarter after the quarter in which such individual died shall be a quarter of coverage, and no quarter any part of which was included in a period of disability (other than the initial quarter and the last quarter of such period) shall lie a quarter of coverage; “(ii) if the wages paid to any individual in any calendar year equal $3,000 in the case of a calendar year before 1951, or”. (b) (1) Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only in the case of monthly benefits under title II of the Social Security Act, and the lump-sum death payment, under section 202 of such Act, based on the wages and self-employment income of an individual— (A) who becomes entitled to benefits under section 202(a) or 223 of such Act on the basis of an application filed in or after 42 USC 423. the month in which this Act is enacted; or (B) who is (or would, but for the provisions of section 215(f)(6) of the Social Security Act, be) entitled to a recomputation 42 USC 415. of his primary insurance amount under section 215(f)(2)(A) of such Act on the basis of an application filed in or after the month in which this Act is enacted; or (C) who dies without becoming entitled to benefits under section 202(a) or 223 of the Social Security Act, and (unless he dies a currently insured individual but not a fully insured individual (as those terms are defined in section 214 of such Act)) without leaving any individual entitled (on the basis of his wages and self-employment income) to survivor’s benefits or a lump-sum death payment under section 202 of such Act on the basis of an application filed prior to the month in which this Act is enacted; or (D) who dies in or after the month in which this Act is enacted and whose survivors are (or would, but for the provisions of sec-tion 42 USC 415. 215(f)(6) of the Social Security Act, be) entitled to a recomputation of his primary insurance amount under section Post, p. 963. 215(f)(4)(A) of such Act; or (E) who dies prior to the month in which this Act is enacted and (i) whose survivors are (or would, but for the provisions of section 215(f)(6) of the Social Security Act, be) entitled to a recomputation of his primary insurance amount under section 215(f)(4)(A) of such Act, and (ii) on the basis of whose wages and self-employment income no individual was entitled to survivor’s 42 USC 402. benefits or a lump-sum death payment under section 202 of such Act on the basis of an application filed prior to the month in which this Act is enacted (and no individual was entitled to such a benefit, without the filing of an application, for any month prior to the month in which this Act is enacted); or (F) who files an application for a recomputation under section 68 Stat. 1071. 42 USC 415 note. 102(f)(2)(B) of the Social Security Amendments of 1954 in or after the month in which this Act is enacted and is (or would, but for the fact that such recomputation would not result in a higher primary insurance amount, be) entitled to have his primary insurance amount recomputed under such subparagraph; or (G) who dies and whose survivors are (or would, but for the fact that such recomputation would not result in a higher primary insurance amount for such individual, be) entitled, on the basis of an application filed in or after the month in which this Act is enacted, to have his primary insurance amount recomputed under section 102(f)(2)(B) of the Social Security Amendments of 1954. (2) The amendment made by subsection (a) shall also be applicable in the case of applications for disability determination under section Post, pp. 968, 969. 216(i) of the Social Security Act filed in or after the month in which this Act is enacted. (3) Notwithstanding any other provision of this subsection, in the case of any individual who would not be a fully insured individual Ante, p. 948. under section 214(a) of the Social Security Act except for the enactment of this section, no benefits shall be payable on the basis of his wages and self-employment income for any month prior to the month in which this Act is enacted. Sec. 207. time needed to acquire status of wife, child, or husband in certain cases (a) Section 216(b) of the Social Security Act is amended by striking out “not less than three years immediately preceding the day on which her application is filed” and inserting in lieu thereof “not less than one year immediately preceding the day on which her application is filed”. (b) The first sentence of section 216(e) of such Act is amended to read as follows: “The term ‘child’ means (1) the child or legally adopted child of an individual, and (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child’s insurance benefits is filed or (if the insured individual is deceased) the day on which such individual died.” (c) Section 216(f) of such Act is amended by striking out “not less than three years immediately preceding the day on which his application is filed” and inserting in lieu thereof “not less than one year immediately preceding the day on which bis application is filed”. (d) The amendments made by this section shall apply only with respect to monthly benefits under section 202 of the Social Security Act 42 USC 402. for months beginning with the month in which this Act is enacted, on the basis of applications filed in or after such month. Sec. 208. marriages subject to legal impediment (a) Section 216(h)(1) of the Social Security Act is 42 USC 416. amended by inserting “(A)” after “(1)”, and by adding at the end thereof the following new subparagraph: “(B) In any case where under subparagraph (A) an applicant is not (and is not deemed to be) the wife, widow, husband, or widower of a fully or currently insured individual, or where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual, but it is established to the satisfaction of the Secretary that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage, and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application, then, for purposes of subparagraph (A) and subsections (b), (c), (f), and (g), such purported marriage shall be deemed to be a valid marriage. The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 202 on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant, files the application, or (ii) if the Secretary determines, on the basis of information brought to his attention, that such applicant entered into such purported marriage with such insured individual with knowledge that it would not be a valid marriage. The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g) of section 202, based on the wages and self-employment income of such insured individual, of a person who would not be deemed to be a wife, widow, husband, or widower of such insured individual but for this subparagraph, shall end with the month before the month (i) in which the Secretary certifies, pursuant to section 205(i), 42 USC 405. that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 202 on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 202, in which such applicant entered into a marriage, valid without regard to this subparagraph, with a person other than such insured individual. For purposes of this subparagraph, a legal impediment to the validity of a purported marriage includes only an impediment (i) resulting from the lack of dissolution of a previous marriage or otherwise arising out of such previous marriage or its dissolution, or (ii) resulting from a defect in the procedure followed in connection with such purported marriage.” (b) Section 216(h)(2) of such Act is amended by inserting “(A)” after “(2)”, and by adding at the end thereof the following new subparagraph: “(B) If an applicant is a son or daughter of a fully or currently insured individual but is not (and is not deemed to be) the child of such insured individual under subparagraph (A), such applicant shall nevertheless be deemed to be the child of such insured individual if such insured individual and the mother or father, as the case may be, of such applicant went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of paragraph (1)(B), would have been a valid marriage.” (c) Section 216(e) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of Ante, p. 946. subsection (h)(1)(B), would have been a valid marriage.” (d) Section 202(d)(3) of such Act (as amended by section 202 of this Act) is amended by adding after and below subparagraph (B) the following new sentence: “For purposes of this paragraph, a child deemed to be a child of a Ante, p. 951. fully or currently insured individual pursuant to section 216(h)(2)(B) shall, if such individual is the child’s father, be deemed to be the legitimate child of such individual.” (e) Where— (1) one or more persons were entitled (without the application 42 USC 402. of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 of such Act for the month before the month in which this Act is enacted on the basis of the wages and self-employment income of an individual; and (2) any person is entitled to benefits under subsection (b), (c), (d), (e), (f), or (g) of section 202 of the Social Security Act for any subsequent month on the basis of such individual’s wages and self-employment income and such person would not be entitled to such benefits but for the enactment of this section; and (3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such individual’s wages and self-employment income for such subsequent month is reduced by reason of the application of section 42 USC 403. 203(a) of such Act, then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall not, after the application of such section 203(a), be less than the amount it would have been (determined without regard to Post, p. 982. section 301) if no person referred to in paragraph (2) of this subsection was entitled to a benefit referred to in such paragraph for such subsequent month on the basis of such wages and self-employment income of such individual. (f) The amendments made by the preceding provisions of this section shall be applicable (1) with respect to monthly benefits under 42 USC 401 et seq. title II of the Social Security Act for months beginning with the month in which this Act is enacted on the basis of an application filed in or after such month, and (2) in the case of a lump-sum death payment under such title based on an application filed in or after such month, but only if no person, other than the person filing such application, has filed an application for a lump-sum death payment under such title prior to the date of the enactment of this Act with respect to the death of the same individual. Sec. 209. penalty deductions under foreign work test (a) The subsection of section 203 of the Social Security Act redesignated as subsection (g) by section 211(c) of this Act is Infra. amended by striking out “(b) or (c)” wherever it appears and inserting in lieu thereof “(c)”; and by striking out “(other than an event specified in subsection (b)(1) or (c)(1))”. (b) No deduction shall be imposed on or after the date of the enactment of this Act under section 203(f) of the Social Security Act. as in effect prior to such date, on account of failure to file a report of an event described in section 203(c) of such Act, as in effect prior to such date; and no such deduction imposed prior to such date shall be collected after such date. Sec. 210. extension of filing period for husband’s, widower’s, or parent’s benefits in certain cases (a) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act except for the enactment of this Act, the requirement in section 202(c)(1)(C) of the Social Security Act relating to the time 42 USC 402. within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. (b) In the case of any widower who would not be entitled to widower’s insurance benefits under section 202(f) of the Social Security Act except for the enactment of this Act, the requirement in Ante, p. 949. section 202(f)(1)(D) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. (c) In the case of any parent who would not be entitled to parent’s insurance benefits under section 202(h) of the Social Security Act except for the enactment of this Act, the requirement in section 202(11)(1)(B) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted. Sec. 211. increase in the earned income limitation (a) Subsection (b) of section 203 of the Social Security Act is amended to read as follows: 42 USC 403. “Deductions On Account of Work “(b) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this title to which an individual is entitled, and from any payment or payments to which any other persons are entitled on the basis of such individual’s wages and self-employment income, until the total of such deductions equals— “(1) such individual’s benefit or benefits under section 202 for any month, and “(2) if such individual was entitled to old-age insurance benefits under section 202(a) for such month, the benefit or benefits of all other persons for such month under section 202 based on such individual’s wages and self-employment income, if for such month he is charged with excess earnings, under the provisions of subsection (f) of this section, equal to the total of benefits referred to in clauses (1) and (2). If the excess earnings so charged are less than such total of benefits, such deductions with respect to such month shall be equal only to the amount of such excess earnings. If a child who has attained the age of 18 and is entitled to child’s insurance benefits, or a person who is entitled to mother’s insurance benefits, is married to an individual entitled to old-age insurance benefits under section 202(a), such child or such person, as the case may be, shall, for the purposes of this subsection and subsection (f), be deemed to be entitled to such benefits on the basis of the wages and self-employment income of such individual entitled to old-age insurance benefits. If a deduction has already been made under this subsection with respect to a person’s benefit or benefits under section 202 for a month, he shall be deemed entitled to payments under such section for such month for purposes of further deductions under this subsection, and for purposes of charging of each person’s excess earnings under subsection (f), only to the extent of the total of his benefits remaining after such earlier deductions have been made. For purposes of this subsection and subsection (f)— “(A) an individual shall be deemed to be entitled to payments under section 202 equal to the amount of the benefit or benefits to which he is entitled under such section after the application of subsection (a) of this section, but without the application of the penultimate sentence thereof; and “(B) if a deduction is made with respect to an individual’s benefit or benefits under section 202 because of the occurrence in any month of an event specified in subsection (c) or (d) of this section 42 USC 422. or in section 222(b), such individual shall not be considered to be entitled to any benefits under such section 202 for such month.” (b) Subsection (c) of section 203 of such Act is amended to read as follows: “Deductions on Account of Noncovered Work Outside the United States or Failure to Have Child in Care “(c) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this title to which an individual is entitled, until the total of such deductions equals such individual’s benefit or benefits under section 202 for any month— “(1) in which such individual is under the age of seventy-two and on seven or more different calendar days of which he engaged in noncovered remunerative activity outside the United States; or “(2) in which such individual, if a wife under age sixty-five entitled to a wife’s insurance benefit, did not have in her care (individually or jointly with her husband) a child of her husband entitled to a child’s insurance benefit and such wife’s insurance benefit for such month was not reduced under the provisions of section Post, p. 957. 202(q); or “(3) in which such individual, if a widow entitled to a mother’s insurance benefit, did not have in her care a child of her deceased husband entitled to a child’s insurance benefit; or “(4) in which such individual, if a former wife divorced entitled to a mother’s insurance benefit, did not have in her care a child of her deceased former husband who (A) is her son, daughter, or legally adopted child and (B) is entitled to a child’s insurance benefit on the basis of the wages and self-employment income of her deceased former husband. For purposes of paragraphs (2), (3), and (4) of this subsection, a child shall not be considered to be entitled to a child’s insurance benefit for any month in which an event specified in section 222(b) occurs with respect to such child. No deduction shall be made under this subsection from any child’s insurance benefit for the month in which the child entitled to such benefit attained the age of eighteen or any subsequent month.” (c) Section 203 of such Act is amended by redesignating subsections 42 USC 403. (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively, and by inserting after subsection (c) the following new subsection: “Deductions From Dependents’ Benefits on Account of Noncovered Work Outside the United States by Old-Age Insurance Beneficiary “(d) (1) Deductions shall be made from any wife’s, husband’s, or child’s insurance benefit, based on the wages and self-employment income of an individual entitled to old-age insurance benefits, to which a wife, husband, or child is entitled, until the total of such deductions equals such wife’s, husband’s, or child’s insurance benefit or benefits under section 202 for any month in which such individual is under 42 USC 402. the age of seventy-two and on seven or more different calendar days of which he engaged in noncovered remunerative activity outside the United States. “(2) Deductions shall be made from any child’s insurance benefit to which a child who has attained the age of eighteen is entitled, or from any mother’s insurance benefit to which a person is entitled, until the total of such deductions equals such child’s insurance benefit or benefits or mother’s insurance benefit or benefits under section 202 for any month in which such child or person entitled to mother’s insurance benefits is married to an individual who is entitled to old-age insurance benefits and on seven or more different calendar days of which such individual engaged in noncovered remunerative activity outside the United States.” (d) The subsection of section 203 of such Act redesignated as subsection (e) by subsection (c) of this section is amended to read as follows: “Occurrence of More Than One Event “(e) If more than one of the events specified in subsections (c) and (d) and section 222(b) occurs in any one month which would 42 USC 422. occasion deductions equal to a benefit for such month, only an amount equal to such benefit shall be deducted.” (e) The subsection of section 203 of such Act redesignated as subsection (f) by subsection (c) of this section is amended to read as follows: “Months to Which Earnings Are Charged “(f) For purposes of subsection (b)— “(1) The amount of an individual’s excess earnings (as defined in paragraph (3)) shall be charged to months as follows: There shall be charged to the first month of such taxable year an amount of his excess earnings equal to the sum of the payments to which he and all other persons are entitled for such month under section 202 on the basis of his wages and self-employment income (or the total of his excess earnings if such excess earnings are less than such sum), and the balance, if any, of such excess earnings shall be charged to each succeeding month in such year to the extent, in the case of each such month, of the sum of the payments to which such individual and all other persons are entitled for such month under section 202 on the basis of his wages and self-employment income, until the total of such excess has been so charged. Where an individual is entitled to benefits under section 202(a) and other persons are entitled to benefits under section 202 (b), (c), or (d) on the basis of the wages and self-employment income of such individual, the excess earnings of such individual for any taxable year shall be charged in accordance with the provisions of this subsection before the excess earnings of such persons for a taxable year are charged to months in such individual’s taxable year. Notwithstanding the preceding provisions of this paragraph, no part of the excess earnings of an individual shall be charged to any month (A) for which such individual was not entitled to a benefit under this title, (B) in which such individual was age seventy-two or over, (C) in which such individual, if a child entitled to child’s insurance benefits, has attained the age of 18, or (D) in which such individual did not engage in self-employment and did not render services for wages (determined as provided in paragraph (5) of this subsection) of more than $100. “(2) As used in paragraph (1), the term ‘first month of such taxable year’ means the earliest month in such year to which the charging of excess earnings described in such paragraph is not prohibited by the application of clauses (A), (B), (C), and (D) thereof. “(3) For purposes of paragraph (1) and subsection (h), an individual’s excess earnings for a taxable year shall be his earnings for such year in excess of the product of $100 multiplied by the number or months in such year, except that of the first $300 of such excess (or all of such excess if it is less than $300), an amount equal to one-half thereof shall not be included. The excess earnings as derived under the preceding sentence, if not a multiple of $1, shall be reduced to the next lower multiple of $1. “(4) For purposes of clause (D) of paragraph (1)— “(A) An individual will be presumed, with respect to any month, to have been engaged in self-employment in such month until it is shown to the satisfaction of the Secretary that such individual rendered no substantial services in such month with respect to any trade or business the net income or loss of which is includible in computing (as provided in paragraph (5) of this subsection) his net earnings or net loss from self-employment for any taxable year. The Secretary shall by regulations prescribe the methods and criteria for determining whether or not an individual has rendered substantial services with respect to any trade or business. “(B) An individual will be presumed, with respect to any month, to have rendered services for wages (determined as provided in paragraph (5) of this subsection) of more than $100 until it is shown to the satisfaction of the Secretary that such individual did not render such services in such month for more than such amount. “(5) (A) An individual’s earnings for a taxable year shall be (i) the sum of his wages for services rendered in such year and his net earnings from self-employment for such year, minus (ii) any net loss from self-employment for such year. “(B) In determining an individual’s net earnings from self-employment and his net loss from self-employment for purposes of subparagraph (A) of this paragraph and paragraph (4), the Ante, pp. 937, 938, 945. provisions of section 211, other than paragraphs (1), (4), and (5) of subsection (c), shall be applicable; and any excess of income over deductions resulting from such a computation shall be his net earnings from self-employment and any excess of deductions over income so resulting shall be his net loss from self-employment. “(C) For purposes of this subsection, an individual’s wages shall be computed without regard to the limitations as to amounts of remuneration specified in subsections (a), (g)(3), (h)(2), and (j) of section 209; and in making such computation Ante, pp. 937, 938. services which do not constitute employment as defined in section 210, performed within the United States by the individual as an employee or performed outside the United States in the active military or naval service of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing his net earnings or net loss from self-employment. “(6) For purposes of this subsection, wages (determined as provided in paragraph (5)(C)) which, according to reports received by the Secretary, are paid to an individual during a taxable year shall be presumed to have been paid to him for services performed in such year until it is shown to the satisfaction of the Secretary that they were paid for services performed in another taxable year. If such reports with respect to an individual show his wages for a calendar year, such individual’s taxable year shall be presumed to be a calendar year for purposes of this subsection until it is shown to the satisfaction of the Secretary that his taxable year is not a calendar year. “(7) Where an individual’s excess earnings are charged to a month and the excess earnings so charged are less than the total of the payments (without regard to such charging) to which all persons are entitled under section 202 for such month on the 42 USC 402. basis of his wages and self-employment income, the difference between such total and the excess so charged to such month shall be paid (if it is otherwise payable under this title) to such individual and other persons in the proportion that the benefit to which each of them is entitled (without regard to such charging, without the application of section 202 (k)(3), and prior to the application of section 203(a)) bears to the total of the benefits to which all of them are entitled.” (f) The subsection of section 203 of such Act redesignated as subsection Ante, p. 955. (h) by subsection (c) of this section is amended (1) by striking out “paragraph (4) of subsection (e)” wherever it appears and inserting in lieu thereof “paragraph (5) of subsection (f)”, (2) by striking out in subparagraph (B) of paragraph (1) “paragraph (3) of subsection (g)” and inserting in lieu thereof “paragraph (3) of this subsection”, (3) by striking out “(b)(1)” wherever it appears and inserting in lieu thereof “(b)”, and (4) by striking out in paragraph (3) “suspend the payment” and insert in lieu thereof “suspend the total or less than the total payment”. (g) The subsection of section 203 of such Act redesignated as subsection (i) by subsection (c) of this section is amended by striking out “subsection (b), (f), or (g) of this section” and inserting in lieu thereof “subsection (b), (c), (g), or (h) of this section”. (h) Subsection (1) of section 203 of such Act is amended by striking 42 USC 403. out “subsection (f) or (g)(1)(A)” and inserting in lieu thereof “subsection (g) or (h)(1)(A)”. (i) The last sentence of section 202(n)(1) of such Act is amended by striking out “Section 203 (b) and (c)” and inserting in lieu thereof “Section 203 (b), (c), and (d)”. (j) (1) Clause (A) of section 202(q)(5) of such Act is amended by striking out “paragraph (1) or (2) of” and by inserting before the comma at the end thereof “or paragraph (1) of section 203(c)”. (2) Clause (B) of such section 202(q)(5) is amended by striking out “paragraph (1) or (2) of section 203(b), under section 203(c)” and inserting in lieu thereof “section 203(b), under section 203(c)(1), under section 203(d)(1)”. (k) (1) Clause (A) of section 202 (q)(6) of such Act is amended by striking out “section 203(b)(1) or (2), under section 203(c)” and inserting in lieu thereof “section 203(b), under section 203(c)(1). under section 203(d)(1)”. (2) Clause (D) of such section 202(q)(6) is amended by striking out “paragraph (1) or (2) of” and by inserting immediately before the period “or paragraph (1) of section 203 (c)”. (l) Section 202 (t)(7) of such Act is amended by striking out “Subsections (b) and (c) of section 203” and inserting in lieu thereof “Subsections (b), (c), and (d) of section 203”. (m) Section 208(a)(3) of such Act is amended by striking out “section 203(e)” and inserting in lieu thereof “section 203(f)”. (n) Section 215(g) of such Act is amended by striking out “203(a)” and inserting in lieu thereof “203(a) and deductions under section 203(b)”. (o) (1) Section 3(e) of the Railroad Retirement Act of 1937 is amended by striking out “subsections (f) and (g)(2) of section 203 of the Social Security Act” and inserting in lieu thereof “subsections (g) and (h)(2) of section 203of the Social Security Act”. (2) Section 5(i)(1)(ii) of the Railroad Retirement Act of 1937 is amended— (A) by striking out “section 203 (e) ” each place it appears and inserting in lieu thereof “section 203(f)”: (B) by striking out “section 203(g)(3)” and inserting in lieu thereof “section 203(h)(3)”; and (C) by striking out “earnings” each place it appears and inserting in lieu thereof “excess earnings”. (p) Section 203 (c), (d), (e), (g), and (i) of the Social Security Act as amended by this Act shall be effective with respect to monthly benefits for months after December 1960. (q) Section 203 (b), (f), and (h) of the Social Security Act as amended by this Act shall be effective with respect to taxable years beginning after December 1960. (r) Section 203(1) of the Social Security Act as amended by this Act, to the extent that it applies to section 203(g) of the Social Security Act as amended by this Act, shall be effective with respect to monthly benefits for months after December 1960 and, to the extent that it applies to section 203(h)(1)(A) of the Social Security Act as amended by this Act, shall be effective with respect to taxable years beginning after December 1960. (s) The amendments made by subsections (i), (j), (k), (1), (m), (n), and (o) of this section, to the extent that they make changes in references to provisions of section 203 of the Social Security Act, shall take effect in the manner provided in subsections (p) and (q) of this section for the provisions of such section 203 to which the respective references so changed relate. (t) In any case where— (1) an individual has earnings (as defined in section 203(e)(4) of the Social Security Act as in effect prior to the enactment of this Act) in a taxable year which begins before 1961 and ends in 1961 (but not on December 31, 1961), and (2) such individual’s spouse or child entitled to monthly benefits on the basis of such individual’s self-employment income has excess earnings (as defined in section 203(f)(3) of the Social Security Act as amended by this Act) in a taxable year which begins after 1960, and (3) one or more months in the taxable year specified in paragraph (2) are included in the taxable year specified in paragraph (1), then, if a deduction is imposed against the benefits payable to such individual with respect to a month described in paragraph (3), such spouse or child, as the case may be, shall not. for purposes of subsections (b) and (f) of section 203 of the Social Security Act as amended by this Act, be entitled to a payment for such month.
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 703 · 74 Stat. 924
Added · 42 U.S.C. § 416(j)
Pub. L. 86–778, § 703, added subsec. (j)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 86–778, § 703, added subsec. (j).
Enacted provision · exact public law section
Sec. 703. periods of limitation ending on nonwork days Section 216 of the Social Security Act is amended by adding at the end thereof the following new subsection: “Periods of Limitation Ending on Nonwork Days “(j) Where this title, any provision of another law of the United States (other than the Internal Revenue Code of 1954) relating to or changing the effect of this title, or any regulation issued by the Secretary pursuant thereto provides for a period within which an act is required to be done which affects eligibility for or the amount of any benefit or payment under this title or is necessary to establish or protect any rights under this title, and such period ends on a Saturday, Sunday, or legal holiday, or on any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order, then such act shall be considered as done within such period if it is done on the first day thereafter which is not a Saturday, Sunday, or legal holiday or any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order. For purposes of this subsection, the day on which a period ends shall include the day on which an extension of such period, as authorized by law or by the Secretary pursuant to law, ends. The provisions of this subsection shall not extend the period during which benefits under this title may (pursuant to section 202(j)(1) or 223(b)) be paid for months prior to the day application for such benefits is filed, or during which an application for benefits under this title may (pursuant to section 202(j)(2) or 223(b)) be accepted as such.”
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(c)(1) · 75 Stat. 131
Repealed · 42 U.S.C. § 416(a)
Pub. L. 87–64, § 102(c)(1), repealed subsec. (a) which defined retirement age
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–64, § 102(c)(1), repealed subsec. (a) which defined retirement age.
Enacted provision · exact public law section
(1) Section 216(a) of the Social Security Act is hereby repealed.
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(c)(2)(B) · 75 Stat. 131
Substituted · 42 U.S.C. § 416(b); 42 U.S.C. § 416(c); 42 U.S.C. § 416(f); 42 U.S.C. § 416(g)
Pub. L. 87–64, § 102(c)(2)(B), substituted “attainment of age 62” for “attainment of retirement age”
Source evidence
Code amendment note
Subsecs. (b), (c), (f), (g). Pub. L. 87–64, § 102(c)(2)(B), substituted “attainment of age 62” for “attainment of retirement age”.
Enacted provision · exact public law section
(B) subsections (b), (c), (f), and (g) of section 216, and
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(b)(2)(D) · 75 Stat. 131
Substituted · 42 U.S.C. § 416(i)(2)
Pub. L. 87–64, § 102(b)(2)(D), substituted “a period of disability shall (subject to section 423(a)(3) of this title) begin” for “a period of disability shall begin” in third sentence
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 87–64, § 102(b)(2)(D), substituted “a period of disability shall (subject to section 423(a)(3) of this title) begin” for “a period of disability shall begin” in third sentence.
Enacted provision · exact public law section
(D) The third sentence of section 216(i)(2) of such Act is amended by striking out “a period of disability shall begin” and inserting in lieu thereof “a period of disability shall (subject to section Supra. 223(a)(3)) begin”.
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(c)(3)(C) · 75 Stat. 131
Substituted · 42 U.S.C. § 416(i)(3)(A)
Pub. L. 87–64, § 102(c)(3)(C), substituted “attainment age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”
Source evidence
Code amendment note
Subsec. (i)(3)(A). Pub. L. 87–64, § 102(c)(3)(C), substituted “attainment age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”.
Enacted provision · exact public law section
(C) section 216(i)(3)(A), 42 USC 416.
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 105 · 75 Stat. 131
1. Substituted · 42 U.S.C. § 416(i)(4)
  Pub. L. 87–64, § 105, substituted “July 1962” for “July 1961”
2. Substituted · 42 U.S.C. § 416(i)(4)
  Pub. L. 87–64, § 105, substituted “January 1961” for “July 1960”
Source evidence
Code amendment note
Subsec. (i)(4). Pub. L. 87–64, § 105, substituted “July 1962” for “July 1961”, and “January 1961” for “July 1960”.
Enacted provision · exact public law section
Sec. 105. retroactive effect of certain applications for disability determinations Effective with respect to applications for disability determinations filed on or after July 1, 1961, section 216(i)(4) of the Social Security Act is amended by striking out “July 1961” and inserting in 42 USC 416. lieu thereof “July 1962” and by striking out “July 1960” and inserting in lieu thereof “January 1961”.
1964
Pub. L. 88–650 § 1(a) · 78 Stat. 1075
Struck · 42 U.S.C. § 416(i)(2)
Pub. L. 88–650, § 1(a), struck out provisions which directed that a period of disability shall begin if the individual satisfies the requirements of par. (3) of this subsection on such day, on the first day of the eighteen-month period which ends with the day before the day on which the individual files such application
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 88–650, § 1(a), struck out provisions which directed that a period of disability shall begin if the individual satisfies the requirements of par. (3) of this subsection on such day, on the first day of the eighteen-month period which ends with the day before the day on which the individual files such application.
Enacted provision · exact public law section
(1) The amendments made by subsections (a), (b), and (c) shall apply in the case of applications for disability determinations under section 216(i) of the Social Security Act filed after the month following the month in which this Act is enacted.
1964
Pub. L. 88–650 § 1(b) · 78 Stat. 1075
Substituted · 42 U.S.C. § 416(i)(3)
Pub. L. 88–650, § 1(b), substituted “paragraph (2) of this subsection” for “paragraphs (2) and (4) of this subsection”
Source evidence
Code amendment note
Subsec. (i)(3). Pub. L. 88–650, § 1(b), substituted “paragraph (2) of this subsection” for “paragraphs (2) and (4) of this subsection”.
Enacted provision · exact public law section
(1) The amendments made by subsections (a), (b), and (c) shall apply in the case of applications for disability determinations under section 216(i) of the Social Security Act filed after the month following the month in which this Act is enacted.
1964
Pub. L. 88–650 § 1(c) · 78 Stat. 1075
Repealed · 42 U.S.C. § 416(i)(4)
Pub. L. 88–650, § 1(c), repealed par. (4) which related to the beginning of the period of disability for individuals who filed an application for a disability determination after Dec. 1954, and before July 1962, with respect to a disability which began before January 1961
Source evidence
Code amendment note
Subsec. (i)(4). Pub. L. 88–650, § 1(c), repealed par. (4) which related to the beginning of the period of disability for individuals who filed an application for a disability determination after Dec. 1954, and before July 1962, with respect to a disability which began before January 1961.
Enacted provision · exact public law section
(1) The amendments made by subsections (a), (b), and (c) shall apply in the case of applications for disability determinations under section 216(i) of the Social Security Act filed after the month following the month in which this Act is enacted.
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Inserted · 42 U.S.C. § 416(b)
  Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(a), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title
2. Added · 42 U.S.C. § 416(b)
  Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(a), added cl. (3)(C), respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(a), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title, and added cl. (3)(C), respectively.
Enacted provision · exact public law
TITLE III— SOCIAL SECURITY AMENDMENTS Sec. 300. short title This title may be cited as the “Old-Age, Survivors, and Old-Age, Survivors, and Disability Insurance Amendments of 1965. Disability Insurance Amendments of 1965”, Sec. 301. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended 72 Stat. 1014. 42 USC 415. by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— ..... $13.48 $40 .... $67 $44.00 $66.00 $13.49 14.00 41 $68 69 45.00 67.69 14,01 14.43 42 70 70 46,00 89.00 14.49 15.00 43 71 72 47.00 70.50 15.01 15,60 44 73 74 48.00 72.00 15.61 16.20 45 75 76 49.00 73.50 16.21 16,84 46 77 78 50.00 75.00 16.85 17.60 47 79 so 51.01 78.60 17.61 18,40 48 81 81 52.00 78.00 18.41 19.24 49 82 83 53.00 79.50 19.25 20.00 50 84 85 54.00 81.00 20.01 20.64 51 85 87 55.00 82.60 20.65 21.28 52 88 89 56.00 84.00 21.29 21.88 53 90 00 57.00 85.80 21.89 22.28 54 91 92 58.00 87.00 22.29 22.68 55 93 94 69.00 88.50 22.69 23.08 56 95 95 00.90 90.00 23.09 23.44 57 97 97 61.00 91.50 23.45 23.76 58 98 99 62.10 93.20 23.77 24.20 59 100 101 63.20 94.80 24.21 24.80 60 102 102 04.20 96.30 24.61 25.00 61 103 104 65.30 98.00 25.01 25.48 62 105 106 00,40 99.60 25.49 25.92 63 107 107 67.50 101.30 25.93 26.40 64 108 109 08.50 102.80 26.41 26.94 65 110 113 69.60 104.40 26.95 27.46 66 111 118 70.70 108.10 27.47 28.00 67 119 122 71.70 107.60 28 01 28.68 68 123 127 72.80 109.20 28.69 29.25 69 128 132 73.90 110.90 29.26 29.68 70 133 136 74.90 112.40 29.69 30.36 71 137 141 76.00 114.00 30.37 30.92 72 142 146 77.10 116.80 30.93 31.36 73 147 150 78.20 120.00 31.37 32.00 74 151 155 79.20 124.00 32.01 32.60 75 156 160 80.30 128.00 32.61 33.20 76 161 164 81.40 131.20 33.21 33.88 77 165 169 82.40 135.20 33,89 34.50 78 170 174 83.50 135.20 34.51 35.00 79 175 178 84.60 142,40 35.01 35.80 80 179 183 85.60 146.40 35.81 36,40 81 IM 188 86.70 150.40 36.41 37.08 82 189 193 87.80 154.40 3ZO9 37.60 83 194 197 88.90 157.60 37,61 38.20 84 198 202 89.90 161.60 38,21 39,12 85 203 207 91.00 165.60 39.13 39.68 86 208 211 92.10 168.80 39.69 40.33 87 212 216 93.10 172.80 40.34 41.12 88 217 221 94.20 176.80 41.13 41.76 89 222 225 95.30 180.00 41.77 42.44 90 226 230 96,30 184.00 42.45 43.20 91 231 235 97.40 188.00 “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— $43.21 $43.76 $92 $238 $239 $98.50 $191.20 43.77 44.44 93 240 244 99.60 195.20 44.45 41.88 94 246 249 100.60 199.20 44.89 45.60 95 250 253 101.70 202.40 96 254 258 102.80 206.40 97 259 263 103.80 210,40 98 204 267 104.90 213.60 99 268 272 100.00 217.60 100 273 277 107.00 221.60 101 278 281 108.00 224,80 102 282 286 109.20 223.80 103 287 291 110.30 232,80 104 292 293 111.30 236.00 105 290 300 112.40 240,00 106 301 305 113.50 244.00 107 306 309 114.50 247.20 108 310 314 115.60 251.20 109 315 319 116.70 255.20 110 320 323 117.70 258.40 111 324 323 118.80 262.40 112 329 333 113.90 266.40 113 334 337 121.00 269.60 114 338 342 122.00 273.60 115 343 347 123.10 277.60 118 348 351 124.20 280.00 117 352 356 125.20 284.80 118 357 361 126.30 288.80 119 362 365 127.40 292.00 120 366 370 128.40 296.00 121 371 375 129.50 298.00 122 376 379 130.50 299.60 123 380 384 131.70 301.00 124 385 389 132.70 303.00 125 390 393 133.80 305.20 126 394 398 134.90 307.20 127 399 403 135.90 309.20 404 407 137.00 310.80 408 412 138.00 312.80 413 417 139.00 314,80 418 421 14(100 316.40 422 426 14L00 318.40 427 431 142.00 320.40 432 436 143.00 322.40 437 440 144.00 32AM 441 445 145,00 320,00 446 450 146.00 328.00 461 454 147.00 329.60 455 450 148.00 331.60 460 464 149.00 333.60 465 468 150.00 335.20 469 473 151.00 337.20 474 478 152.00 339.20 479 482 153.00 340.80 483 487 154.00 342.80 488 492 155,00 344.80 493 496 156.00 346,40 497 501 157.00 348.40 602 506 156.00 350.40 507 510 159.00 352.00 511 516 160.00 354.00 516 520 161.00 356.00 521 524 162.00 357.60 525 529 163.00 359.60 530 534 164.00 361.60 535 638 165,00 363.20 539 543 166.00 365,20 544 548 167.00 387.20 549 550 168.00 368.00” (b) Section 215(c) of such Act is amended to read as follows: 72 Stat. 1016. 42 USC 415. “(c) “Primary Insurance Amount Under 1958 Act, as Modified (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount shall be computed as provided in, and subject to the limitations specified in, (A) this section as in effect prior to the enactment of the Social Security Amendments of 1965, and (B) the applicable provisions of the Social Security Amendments of 1960. 74 Stat. 924. 42 USC 301 note. “(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 of enactment of the Social 64 Stat. 482; 70 Stat. 815. 42 USC 402, 423. 72 Stat. 1017; Post, p. 378. 42 USC 403. Security Amendments of 1965 or who died before such date.” (c) Section 203(a) of such Act is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly benefits under section 202 or 223 for any month which begins after December 1964 and before the enactment of the Social Security Amendments of 1965, on the basis of the wages and self-employment income of such insured individual, such total of benefits for any month occurring after December 1964 shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) (i) with respect to the month in which such Amendments are enacted or any prior month, 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 of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), 70 Stat. 817; 75 Stat. 131. 42 USC 422, 402. as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965), for such month, by 107 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10, and “(ii) with respect to any month after the month in which such Amendments are enacted, 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 of section 222(b), section 202 (q), and subsections (b), (c), and (d) of this section), as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965) for the month of enactment, by 107 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 (B) of this paragraph, and (II) if section 202(k) 64 Stat. 487. 42 USC 402. (2)(A) was applicable in the case of any of such benefits for any such month beginning before the enactment of the Social Secu-rity Amendments of 1965, and ceases to apply 42 USC 402. after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which such section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for such month beginning prior to such enactment.” (d) The amendments made by subsections (a),(b), and (c) of this section shall apply with respect to monthly benefits under title II of the 42 USC 401. Social Security Act for months after December 1964 and with respect to lump-sum death payments under such title in the case of deaths occurring in or after the month in which this Act is enacted. (e) If an individual is entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1964 on the basis of an application filed after enactment of this Act and is entitled to 42 USC 402. old-age insurance benefits under section 202(a) of such Act for January 1965, then, for purposes of section 215(a)(4) of the Social Security 75 Stat. 135; Post, p. 370. 42 USC 415. Ante, p. 361. Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the June 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 his disability insurance benefit. Sec. 302. computation and recomputation of benefits (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Post, p. 365. Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is 74 Stat. 961. 42 USC 415. amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” 64 Stat. 508. after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended 68 Stat. 1066. to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), 64 Stat. 520. 42 USC 405. for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under 64 Stat. 482. 42 USC 402. section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit 42 USC 401. amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of 74 Stat. 963; 68 Stat. 1068. sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after 70 Stat. 815. 42 USC 423. December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed. Sec. 303. disability insurance benefits (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. (2) So much of section 223 (c)(2) of such Act as precedes the second 70 Stat. 815; Post, p. 413. 42 USC 423. sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out 72 Stat. 1021; Post, p. 412. “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended 42 USC 423. Poatt p. 413. by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out 72 Stat. 1020. 42 USC 423. “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended 64 Stat. 487. 42 USC 402. by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the 75 Stat. 135; Post, p. 370. 42 USC 415. amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions Ante, p. 367. of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance 70 Stat. 815. 42 USC 423. benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 53 Stat. 1370. 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for 42 USC 401. monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. Sec. 304. payment of disability insurance benefits after entitlement to other monthly insurance benefits (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following Post, p. 374. new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 305. disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended by inserting “and before January 1, 1966,” after “December 31, 1956,”, and by inserting after “1954,” the following: “and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,”. (b) Section 201(b)(2) of such Act is amended by inserting after “December 31, 1956,” the following: “and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,”. Sec. 306. payment of child’s insurance benefits after attainment of age 18 in case of child attending school (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as 70 Stat. 815. Ante, p. 367. defined in section 223(c)) which began before he attained the age of 18, and”. (b) (1) So much of the first sentence of section 202(d)(1) of such 72 Stat. 1022; Post, p. 307. 42 USC 402. Act as follows subparagraph (C) is amended to read as follows: “shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time “Full-time student”. attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “(a) “Child Aged 18 or Over Attending School (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 42 USC 403. 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as Ante, p. 367. 42 USC 423. defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection 74 Stat. 954, 955; Post, p. 373. 42 USC 403. 72 Stat. 1026–1028. 42 USC 416. (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject 64 Stat. 486; Post, p. 378. 42 USC 402. to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows 72 Stat. 1032. subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of 42 USC 403. such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. Ante, p. 372. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act Past, pp. 404, 405. 42 USC 416. are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— 64 Stat. 482. 42 USC 402. (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section. Ante, p. 370. Sec. 307. reduced benefits for widows at age 60 (a) (1) Paragraph (1)(B) of section 202(e) of the Social Security Act (as amended by section 308(b) of this Act) is amended Post, p. 376. by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Paragraph (2) of such section (as so amended) is amended by striking put “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (b) (1) Paragraph (1) of section 202(g) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, or widow’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(a) 5/9 of 1 percent of such amount if such benefit is an old-age or widow’s insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (2) Paragraph (3)(A)(os renumbered by section 304(c) of this Act) of such section is amended— (A) by striking out “wife’s or husband’s insurance benefit” each place it appears and inserting in lieu thereof “wife’s, husband’s, or widow’s insurance benefit”; and (B) by striking out “age 62” and inserting in lieu thereof “age 62 (in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)”. (3) Paragraph (3)(D)(as so renumbered) of such section is amended by striking out “wife’s or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”. (4) Paragraph (3)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger: “(i) the amount by which (but for this subparagraph) such old-age insurance benefit would have been reduced under paragraph (1), “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection).” (5) Paragraph (5)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(D) No widow’s insurance benefit for a month in which she has in her care a child of her deceased husband (or deceased former husband) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which she would have been entitled had she been entitled for such month to mother’s insurance benefits on the basis of her deceased husband’s (or deceased former husband’s) wages and self-employment income.” (6) Paragraph (6)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; (B) by striking out “or husband’s” in subparagraph (A)(i) and inserting in lieu thereof “, husband’s, or widow’s”; and (C) by striking out “age 65” in subparagraph (B) and inserting in lieu thereof “retirement age”. (7) Paragraph (7)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; and (B) by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a comma, and by adding at the end thereof the following new subparagraphs: “(D) in the case of widow’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D), “(E) in the case of widow’s insurance benefits, any month before the month in which she attained retirement age for which she was not entitled to such benefit because of the occurrence of an event that terminated her entitlement to such benefits, and”. (8) Section 202(a) of such Act (as amended by section 304(c) of this Act) is further amended by adding at the end thereof the Ante, p. 368. following new paragraph: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65 with respect to an old-age, wife’s, or husband’s insurance benefit and age 62 with respect to a widow’s insurance benefit.” (c) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for and after the second month following the month in which this 64 Stat. 482. 42 USC 402. Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 308. wife’s and widow’s benefits for divorced women (a) Section 202 (b) of the Social Security Act is amended to read as follows: “(b) “Wife’s Insurance Benefits (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age Post, p. 377. 42 USC 416. or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she 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 “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. 42 USC 402. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out 41 USC 403. “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out 42 USC 405. “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. Repeal. 42 USC 402. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month 42 USC 401. following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 309. transitional insured status (a) Title II of the Social Security Act is further amended by adding at the end thereof (after the new section 226 added by section 101 of this Act) the following new section: Ante, p. 290. “Sec. 227. “transitional insured status (a) In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 214(a), the 6 quarters of coverage referred to in so much of 75 Stat. 137. 42 USC 414. paragraph (1) of section 214(a) as follows clause (C) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 202(a), and of his wife 42 USC 402. to benefits under section 202(b), but, in the case of such wife, only if. Ante, p. 375. she attains the age of 72 before 1969 and only with respect to wife’s insurance benefits under section 202(b) for and after the month in which she attains such age. For each month before the month in which any such individual meets the requirements of section 214(a), the amount of his old-age insurance benefit shall, notwithstanding the provisions of section 202(a), be $35 and the amount of the wife’s insurance benefit of his wife shall, notwithstanding the provisions of section 202(b), be $17.50. “(b) In the case of any individual who has died, who does not meet the requirements of section 214(a), and whose widow attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 214(a) and in so much of paragraph (1) thereof as follows clause (C) shall, for purposes of determining her entitle- Ante, pp. 376, 377. 42 USC 402. ment to widow’s insurance benefits under section 202 (e), instead be— “(1) 3 quarters of coverage if such widow attains the age of 72 in or before 1966, “(2) 4 quarters of coverage if such widow attains the age of 72 in 1967, or “(3) 5 quarters of coverage if such widow attains the age of 72 in 1968. The amount of her widow’s insurance benefit for each month shall, notwithstanding the provisions of section 202(e)(and section 202 68 Stat. 1073. 42 USC 402. (m)), be $35. “(c) In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 202(a) by reason of the application of subsection (a) of this section, who dies, and whose widow attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such widow to widow’s insurance benefits under section 202(e).” (b) The amendment made by subsection (a) shall apply in the case of monthly benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted. Sec. 310. increase in amount an individual is permitted to earn without suffering full deductions from benefits (a) (1) Paragraphs (1), (3), and (4)(B) of subsection 42 USC 403. (f) of section 203 of the Social Security Act are each amended by striking out “$100” wherever it appears therein and inserting in lieu thereof “$125”. (2) The first sentence of paragraph (3) of such subsection (f) is amended by striking out “$500” each place it appears therein and inserting in lieu thereof “$1,200”. (3) Paragraph (1)(A) of subsection (h) of section 203 of such Act is amended by striking out “$100” and inserting in lieu thereof “$125”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 31, 1965. Sec. 311. coverage for doctors of medicine (a) (1) Section 211(c)(5) of the Social Security Act is amended to read as follows: “(5) The performance of service by an individual in the exercise of bis profession as a Christian Science practitioner.” (2) Section 211 (c) of such Act is further amended by striking out the last two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by Post, p. 381. him under section 1402(e) of the Internal Revenue Code of 1954 is in effect.” (3) Section 210(a)(6)(C)(iv) of such Act is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (4) Section 210(a)(13) of such Act is amended by striking out all 64 Stat. 497; 68 Stat. 1052. 42 USC 410. 70 Stat. 841. 26 USC 1402. that follows the first semicolon. (b) (1) Section 1402(c)(5) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: “(5) the performance of service by an individual in the exercise of his profession as a Christian Science practitioner.” (2) Section 1402(c) of such Code is further amended by striking 68 Stat. 1088. out the last.two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by him under subsection (e) is in effect.” (3) (A) Section 1402(e)(1) of such Code (relating to filing of waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “extended to service” and all that follows and inserting in lieu thereof “extended to service described in subsection (c)(4) or (c)(5) performed by him.” (B) Clause (A) of section 1402(e)(2) of such Code (relating to time for filing waiver certificate) is amended to read as follows: “(A) the due date of the return (including any extension thereof) for his second taxable year ending after 1954 for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or . (4) Section 3121(b)(6)(C)(iv) of such Code (relating to definition 68 Stat. 1092. 26 USC 3121. of employment) is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (5) Section 3121 (b)(13) of such Code is amended by striking out 68A Stat. 422; 68 Stat. 1091. all that follows the first semicolon. (c) The amendments made by paragraphs (1) and (2) of subsection (a), and by paragraphs (1). (2), and (3) of subsection (b), shall apply only with respect to taxable years ending on or after December 31, 1965. The amendments made by paragraphs (3) and (4) of subsection (a), and by paragraphs (4) and (5) of subsection (b), shall apply only with respect to services performed after 1965. Sec. 312. gross income of farmers (a) The second sentence following paragraph (8) in section 211(a) of the Social Security Act is amended by striking out 43 USC 411. “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,000” each place it appears and inserting in lieu thereof “$1,600”. (b) The second sentence following paragraph (9) in section 1402(a) of the Internal Revenue Code of 1954 (relating to net earnings from self-employment) is amended by striking out “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,200” each place it appears and inserting in lieu thereof “$1,600”. (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1965. Sec. 313. coverage of tips (a) (1) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (j), by striking out the period at the end of subsection (k) and inserting in lieu thereof “; or”, and by adding immediately after subsection (k) the following new subsection: “(l) (1) Tips paid in any medium other than cash; “(2) Cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (2) Section 209 of such Act is-further amended by adding at the end thereof the following new paragraph: “For purposes of this title, tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code Post, p. 384. of 1954 or (if no statement including such tips is so furnished) at the time received.” (b) Section 451 of the Internal Revenue Code of 1954 (relating to general rule for taxable year of inclusion) is amended by adding at the end thereof the following new subsection: “(c) Special Rum for Employee Tips.— For purposes of subsection (a), tips included in a written statement furnished an employer by an employee pursuant to section 6053(a) shall be deemed to be received at the time the written statement including such tips is furnished to the employer.” (c) (1) Section 3102 of such Code (relating to deduction of tax from wages) is amended by adding at the end thereof the following new subsection: “(c) Special Rule for Tips.— “(1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. “(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. “(3) The Secretary or his delegate may, under regulations prescribed by him. authorize employers— “(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter of the calendar year, “(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such quarter as if the tips so estimated constituted the actual tips so reported, and “(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. Post, p. 395. “(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.” (2) The second sentence of section 3102 (a) of such Code is amended 68A Stat. 415; 68 Stat. 1093. 26 USC 3102. by inserting before the period at the end thereof the following: “; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to Post, p. 384. 26 USC 3121. which paragraph (12)(B) of section 3121 (a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20”. (3) Section 3121(a) of such Code (relating to definition of wages under the Federal Insurance Contributions Act) is amended by striking out “or” at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; or ”, and by adding after paragraph (11) the following new paragraph: “(12) (A) tips paid in any medium other than cash; “(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (4) Section 3121 of such Code is further amended by adding at the end thereof the following new subsection: “(q) Tips Included for Employee Taxes.— For purposes of this chapter other than for purposes of the taxes imposed by section 3111, Post, p. 396. tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (d) (1) Section 3401 of such Code (relating to definitions for purposes 68A Stat. 455. 26 USC 3401. of collecting income tax at source on wages) is amended by adding at the end thereof the following new subsection: “(f) Tips.— For purposes of subsection (a), the term ‘wages’ “Wages.” includes tips received by an employee in the course of his employment. Such wages shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (2) Section 3401(a) of such Code (relating to definition of wages for purposes of collecting income tax at source) is amended by striking out “r” at the end of paragraph (6) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; or”, and by adding after paragraph (15) the following new paragraph: “(16) (A) as tips in any medium other than cash; “(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (3) Subsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by striking out “subsection (j)” and inserting in lieu thereof “subsections (j) and (k)”. (4) Section 3402(h)(3) of such Code (relating to income tax withholding on basis of average wages) is amended by inserting after “quarter” the first place it appears the following: “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)”. (5) Section 3402 of such Code is further amended by adding at the end thereof the following new subsection: “(k) Tips.— In the case of tips which constitute wages, subsection Infra. (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (16)(B) of section 3401(a) is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20. Such tax shall not at any time be deducted and withheld in an amount which exceeds the aggregate of such wages and funds (including funds Ante, p. 382. Ante, p. 383. 68A Stat. 747. 26 USC 6051. turned over under section 3102(c)(2)) minus any tax required by section 3102(a) to be collected from such wages and funds.” (e) (1) Section 6051(a) of such Code (relating to receipts for employees) is amended by adding at the end thereof the following new sentence: “In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).” (2) (A) Subpart C of part III of subchapter A of chapter 61 of such Code (relating to information regarding wages paid employees) is amended by adding at the end thereof the following new section: “SEC. 6053. REPORTING OF TIPS. “(a) Reports by Employees.— Every employee who, in the course of his employment by an employer, receives in any calendar month tips 26 USC 3121, 3401. which are wages (as defined in section 3121(a) or section 3401(a)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary or his delegate. “(b) Statements Furnished by Employers.— If the tax imposed by section 3101 with respect to tips reported by an employee pursuant Post, p. 395. to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102, the employer shall furnish to the employee 26 USC 3102. a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary or his delegate may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary or his delegate.” (B) Section 6652(b) of such Code (relating to failure to file information 76 Stat. 1057. 26 USC 6652. returns) is amended by inserting after “income tax withheld) the following: “and in the case of each failure to furnish a statement required by section 6053(b)(relating to statements furnished by employers Supra. with respect to tips),”. (C) Section 6674 of such Code (relating to fraudulent statement or 68A Stat. 828. 26 USC 6674. failure to furnish statement to employee) is amended by striking out “6051” each place it appears and inserting in lieu thereof “6051 or 68A Stat. 747. 26 USC 6051. 6053(b)”. (D) The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 6053. Reporting of tips.” (3) Section 6652 of such Code (relating to failure to file certain information returns) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Failure To Report Tips.— In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)), unless Ante, p. 384. 26 USC 3121. it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 with respect to the amount of tips which Post, p. 395. he so failed to report, an amount equal to 50 percent of such tax,” (f) The amendments made by this section shall apply only with respect to tips received by employees after 1965. Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418. Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”. Sec. 316. employees of nonprofit organizations (a) (1) Section 3121(k)(1)(B)(iii) of the Internal Revenue 72 Stat. 1044. 26 USC 3121. Code of 1954 (relating to effective date of exemption of religious, charitable, and certain other organizations) is amended to read as follows: “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed.” (2) The amendment made by paragraph (1) shall apply in the case of any certificate filed under section 3121 (k)(1)(A) of such Code after the date of the enactment of this Act. (b) Section 3121 (k)(1) of such Code (relating to waiver of exemption by religious, charitable, and certain other organizations) is further amended by adding at the end thereof the following new subparagraph: “(H) An organization which files a certificate under subparagraph (A) before 1966 may amend such certificate during 1965 or 1966 to make the certificate effective with the first day of any calendar quarter preceding the quarter for which such certificate originally became effective, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is so amended. If an organization amends its certificate pursuant to the preceding sentence, such amendment shall b effective with respect to the service of individuals who concurred in the filing of such certificate (initially or through the filing of a supplemental list) and who concur in the filing of such amendment. An amendment to a certificate filed pursuant to this subparagraph shall be filed with such official and in such form and manner as may be prescribed by regulations made under this chapter. If an amendment is filed pursuant to this subparagraph— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file tax return), the due date for the return and payment of the tax for any calendar quarter resulting from the filing of such an amendment shall be the last day of the calendar month following the calendar quarter in which the amendment is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of three year’s from such due date.” (c) (1) Section 105(b) of the Social Security Amendments of 1960 is amended to read as follows: “(b) (1) If— “(A) an individual performed service in the employ of an organization with respect to which remuneration was paid before the first day of the calendar quarter in which the organization filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code of 1954, and such service is excepted from employment under section 210(a) 72 Stat. 1035. 42 USC 410. (8)(B) of the Social Security Act, “(B) such service would have constituted employment as defined in section 210 of such Act if the requirements of section 3121(k)(1) of such Code were satisfied, “(C) such organization paid, on or before the due date of the tax return for the calendar quarter before the calendar quarter in which the organization filed a certificate pursuant to section 3121(k)(1) of such Code, any amount, as taxes 72 Stat. 1044. 26 USC 3121. Post, pp. 395, 396. imposed by sections 3101 and 3111 of such Code, with respect to such remuneration paid by the organization to the individual for such service, “(D) such individual, or a fiduciary acting for such individual or his estate, or his survivor (within the meaning of section 205(c)(1)(C) of such Act), requests that such 64 Stat. 518; Ante, p. 379. remuneration be deemed to constitute remuneration for employment for purposes of title II of such Act, and 42 USC 401. “(E) the request is made in such form and manner, and with such official, as may be prescribed by regulations made by the Secretary of Health, Education, and Welfare, then, subject to the conditions stated in paragraphs (2), (3), (4), and (5), the remuneration with respect to which the amount has been paid as taxes shall be deemed to constitute remuneration for employment for purposes of title II of such Act. “(2) Paragraph (1) shall not apply with respect to an individual unless the organization referred to in paragraph (1)(A), on or before the date on which the request described in paragraph (1) is made, has filed a certificate pursuant to section 3121(k)(1) of such Code. “(3) Paragraph (1) shall not apply with respect to an individual who is employed by the organization referred to in paragraph (2) on the date the certificate is filed. “(4) If credit or refund of any portion of the amount referred to in paragraph (1)(C)(other than a credit or refund which would be allowed if the service constituted employment for purposes of chapter 21 of such Code) has been obtained, paragraph (1) shall 68A Stat. 415. 26 USC 3101–3126. 68A Stat. 819. 26 USC 6611. not apply with respect to the individual unless the amount credited or refunded (including any interest under section 6611 of such Code) is repaid before January 1, 1968, or, if later, the first day of the third year after the year in which the organization filed a certificate pursuant to section 3121 (k)(1) of such Code. “(5) Paragraph (1) shall not apply to any service performed for the organization in a period for winch a certificate filed pursuant to section 3121 (k)(1) of such Code is not in effect.” (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. The provisions of section 105(b) of the Social Security Amendments of 1960 which were in 74 Stat. 943. 26 USC 3121 note. effect before the date of the enactment of this Act shall be applicable with respect to any request filed under section 105(b)(1) of such Amendments before such date. Nothing in the preceding sentence shall prevent the filing of a request under section 105(b)(1) of such Amendments as amended by this Act. (d) If— (1) an individual performed service with respect to which remuneration was paid before the date of enactment of this Act by an organization which, before, such date, filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code, (2) such service is excluded from employment under title II of the Social Security Act but would not be excluded therefrom if the requirements of such section 3121 (k)(1) had been met with respect to such service, (3) such service was performed during the period such certificate was in effect, and (4) such individual was listed pursuant to such section 3121 72 Stat. 1044. 26 USC 3121. (k)(1) at any time during such period and before the date of enactment of this Act as an employee who concurred in the filing of such certificate or such individual filed a request for coverage pursuant to section 105(b) of the Social Security Amendments of 74 Stat. 943. 26 USC 3121 note. 1960, as in effect prior to the enactment of this Act (but such listing or request was not effective with respect to the service described above), then, subject to the conditions stated in subparagraphs (B), (C), (D), and (E) of paragraph (1), and paragraph (4), of section 105(b) of the Social Security Amendments of 1960, as amended by this section, the remuneration of such individual which was paid with respect to such excluded service shall be deemed to constitute remuneration for 42 USC 401. employment for purposes of such title II; except that, for purposes of this subsection, in applying subparagraph (C) of paragraph (1) of such section 105(b) the date of enactment of this Act shall be considered to be the date on which the organization filed its certificate under section 3121(k)(1) and any reference, in paragraph (4) of such section, to such paragraph (1) shall be considered a reference to the preceding provisions of this subsection. Sec. 317. coverage of temporary employees of the district of columbia (a) Section 210(a)(7) of the Social Security Act is amended— (1) by striking out “or” at the end of subparagraph (B), (2) by striking out the semicolon at the end of subparagraph (C)(ii) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (C) the following new subparagraph: “(D) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 61 Stat. 727; 63 Stat. 972. 1052), other than as a medical or dental intern or as a medical or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 (relating to certain services not included in definition of employment) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the semicolon at the end of subparagraph (B) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (B) the following new subparagraph: “(C) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 1052), other than as a medical or dental intern or as a medical 61 Stat. 727; 63 Stat. 972. or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (c) (1) Section 3125 of such Code (relating to returns in the case 74 Stat. 939. 26 USC 3125. of governmental employees in Guam and American Samoa) is amended by adding at the end thereof the following new subsection: “(c) District of Columbia.— In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Commissioners of the District of Columbia or by such agents as they may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the Post, p. 396. Post p. 393. $6,600 limitation in section 3121(a)(1).” (2) The heading of such section 3125 is amended by striking out “AND AMERICAN SAMOA” and inserting in lieu thereof “, AMERICAN SAMOA AND THE DISTRICT OF COLUMBIA” (3) The table of sections for subchapter C of chapter 21 of such Code (relating to general provisions for Federal Insurance Contributions Act) is amended by striking out “Sec. 3125. Returns in the ease of governmental employees in Guam and American Samoa.” and inserting in lieu thereof “Sec. 3125. Returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia.” (d) Section 6205(a) of such Code (relating to adjustment of tax) 68A Stat. 768; 74 Stat. 940. 26 USC 6205. is amended by adding at the end thereof the following new paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be deemed a separate employer.” (e) Section 6413(a) of such Code (relating to adjustment of certain 68A Stat. 797; 74 Stat. 940. 26 USC 6413. employment taxes) is amended by adding at the end thereof the following paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes 74 Stat. 939. 26 USC 3125. 68A Stat. 797. 26 USC 6413. a return pursuant to section 3125 shall be deemed a separate employer.” (f) (1) Section 6413(c)(2) of such Code (relating to applicability of special refunds to certain employment taxes) is amended by adding at the end thereof the following new subparagraph: “(F) Governmental employees in the district of Columbia.— In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Commissioners of the District of Columbia and each agent designated by them who makes Ante, p. 389. a return pursuant to section 3125(c) shall, for purposes of this subsection, be deemed a separate employer.” (2) The heading of such section 6413(c)(2) is amended by striking out “and american samoa” and inserting in. lieu thereof “, american samoa, and the district of columbia”. (g) The amendments made by this section shall apply with respect to service performed after the calendar quarter in which this section is enacted and after the calendar quarter in which the Secretary of the Treasury receives a certification from the Commissioners of the District of Columbia expressing their desire to have the insurance system established by title II (and part A of title XVIII) of the Social 42 USC 401; Ante, p. 291. Security Act extended to the officers and employees coming under the provisions of such amendments. Sec. 318. coverage for certain additional hospital employees in california Section 102(k) of the Social Security Amendments of 1960 is amended by inserting “(1)” immediately after “(k)”, and by adding at the end thereof the following new paragraph: “(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after December 31, 1959, is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after January 1, 1962, and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by Post, pp. 395, 396. 68A Stat. 415. 26 USC 3101–3126. sections 3101 and 3111 of the Internal Revenue Code of 1954 if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph, been paid.” Sec. 319. tax exemption for religious groups opposed to insurance (a) Subsection (c) of section 1402 of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) the performance of service by an individual during the period for which an exemption under subsection (h) is effective with respect to him.” (b) Subsection (c) of section 211 of the Social Security Act is 64 Stat. 5O2. 42 USC 411. amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) The performance of service by an individual during the period for which an exemption under section 1402(h) of the Internal Revenue Code of 1954 is effective with respect to him.” (c) Section 1402 of the Internal Revenue Code of 1954 is further 68A Stat. 353. 26 USC 1402. amended by adding at the end thereof the following new subsection: “(h) Members of Certain Religious Faiths.— “(1) Exemption.— Any individual may file an application (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) for an exemption from the tax imposed by this chapter if he is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division by reason of which he is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act). Such exemption may be granted only if the application 49 Stat. 620. 42 USC 1305. contains or is accompanied by— “(A) such evidence of such individual’s membership in, and adherence to the tenets or teachings of, the sect or division thereof as the Secretary or his delegate may require for purposes of determining such individual’s compliance with the preceding sentence, and “(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis 42 USC 401; Ante, p. 291. of his wages and self-employment income as well as all such benefits and other payments to him on the basis of the wages and self-employment income of any other person, and only if the Secretary of Health, Education, and Welfare finds that— “(C) such sect or division thereof has the established tenets or teachings referred to in the preceding sentence, “(D) it is the practice, and has been for a period of time which he deems to be substantial, for members of such sect or division thereof to make provision for their dependent members which in his judgment is reasonable in view of their general level of living, and “(E) such sect or division thereof has been in existence at all times since December 31, 1950. An exemption may not be granted to any individual if any benefit or other payment referred to in subparagraph (B) became payable (or, but for section 203 or 222(b) of the Social Security Act, 53 Stat. 1367; 72 Stat. 1032. 42 USC 403, 422. would have become payable) at or before the time of the filing of such waiver. “(2) Time for filing application.— For purposes of this subsection, an application must be filed— “(A) In the case of an individual who has self-employment income (determined without regard to this subsection and subsection (c)(6)) for any taxable year ending before Ante, p. 390. December 31, 1965, on or before April 15, 1966, and “(B) In any other case, on or before the time prescribed for filing the return (including any extension thereof) for the first taxable year ending on or after December 31, 1965, for which he has self-employment income (as so determined). “(3) Period for which exemption effective.— An exemption granted to any individual pursuant to this subsection shall apply with respect to all taxable years beginning after December 31, 1950, except that such exemption shall not apply for any taxable year— “(A) beginning (i) before the taxable year in which such individual first met the requirements of the first sentence of paragraph (1), or (ii) before the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which such individual is a member met the requirements of subparagraphs (C) and (D), or “(B) ending (i) after the time such individual ceases to meet the requirements of the first sentence of paragraph (1), or (ii) after the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which he is a member ceases to meet the requirements of subparagraph (C) or (D). “(4) Application by fiduciaries or survivors.— In any case where an individual who has self-employment income dies before the expiration of the time prescribed by paragraph (2) for filing an application for exemption pursuant to this subsection, such an application may be filed with respect to such individual within such time by a fiduciary acting for such individual’s estate or by such individual’s survivor (within the meaning of section 205 64 Stat. 518. 42 USC 405. 64 Stat. 482; 70 Stat. 838. 42 USC 402. (c)(1)(C) of the Social Security Act).” (d) Section 202 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(v) “Waiver of Benefits Notwithstanding any other provisions of this title, in the case of any individual who files a waiver pursuant to section 1402(h) Ante, p. 391. of the Internal Revenue Code of 1954 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this title to him, no payments shall be made on his behalf under part A Ante, p. 291. of title XVIII, and no benefits or other payments under this title shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver; except that, if thereafter such individual’s tax exemption under such section 1402(h) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this title and part A of title XVIII to the extent, based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year.” (e) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1950. For such purpose, 68A Stat. 353. 26 USC 1401–1403. chapter 2 of the Internal Revenue Code of 1954 shall be treated as applying to all taxable years beginning after such date. (f) If refund or credit of any overpayment resulting from the enactment of this section is prevented on the date of the enactment of this Act or at any time on or before April 15, 1966, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed on or before April 15, 1966. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section. Sec. 320. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(3) of the Social Security Act 72 Stat. 1019. 42 USC 409. is amended by inserting “and prior to 1966” after “1958”, (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(4) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(C) of such Act is amended by inserting 42 USC 411. “and prior to 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(D) For any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking 72 Stat. 1019; 74 Stat. 949. 42 USC 413. out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965”. (4) Section 215(e)(1) of such Act is amended by striking out “and 42 USC 415. the excess over $4,800 in the case of any calendar year after 1958” and inserting in lieu thereof “the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965”. (b) (1) (A) Section 1402(b)(1)(C) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 26 USC 1402. by inserting “and before 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402(b)(1) of such Code is further amended by adding at the end thereof the following new subparagraph: “(D) for any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of 68A Stat. 417; 72 Stat. 1042. 26 USC 3121. wages) is amended by striking out “$4,800” each place it appears and inserting in lieu thereof “$6,600”. (3) The second sentence of section 3122 of such Code (relating to 26 USC 3122. Federal service) is amended by striking out “$4,800” and inserting in lieu thereof “$6,600”. (4) Section 3125 of such Code (relating to returns in the case of 74 Stat. 939. 26 USC 3125. governmental employees in Guam and American Samoa) is amended by striking out “$4,800” where it appears in subsections (a) and (b) and inserting in lieu thereof “$6,600”. (5) Section 6413(c)(1) of such Code (relating to special refunds 72 Stat. 1043. 26 USC 6413. of employment taxes) is amended— (A) by inserting “and prior to the calendar year 1966” after “the calendar year 1958”; (B) by inserting after “exceed $4,800,” the following: “or (C) during any calendar year after the calendar year 1965, the wages received by him during such year exceed $6,600”. (C) by inserting before the period at the end thereof the following: “and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $4,800 for any calendar year after 1958” and inserting in lieu thereof “$4,800 for the calendar year 1959, 1960, 1961, 1962, 1963, 1964, or 1965, or $6,600 for any calendar year after 1965”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1965. Sec. 321. changes in tax schedules (a) Section 1401 of the Internal Revenue Code of 1954 (relating to rate of tax under the Self-Employment Contributions Act) is amended to read as follows: “SEC. 1401. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1969, the tax shall be equal to 5.9 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1973, the tax shall be equal to 6.6 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 0.35 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1973, the tax shall be equal to 0.50 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax snail be equal to 0.55 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; and “(6) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year. For purposes of the tax imposed by this subsection, the exclusion of employee representatives by section 1402(c)(3) shall not apply.” 68A Stat. 355. 26 USC 1402. 75 Stat. 141. 26 USC 3101. (b) Section 3101 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3101. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment 68A Stat. 417. 26 USC 3121. (as defined in section 3121 (b))— “(1) with respect to wages received during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages received during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages received during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages received during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages received during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; and “(6) with respect to wages received after December 31, 1986, the rate shall be 0,80 percent.” (c) Section 3111 of the Internal Revenue Code of 1954 (relating to rate of tax on employers under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3111. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 68A Stat. 417. 26 USC 3121. the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages paid during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages paid during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 3121 (a)) paid by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages paid during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; “(6) with respect to wages paid after December 31, 1986, the rate shall be 0.80 percent.” (d) The amendments made by subsection (a) shall apply only with respect to taxable years beginning after December 31, 1965. The amendments made by subsections (b) and (c) shall apply only with respect to remuneration paid after December 31, 1965. Sec. 322. reimbursement of trust-funds for cost of noncontributory military service credits Section 217 (g) of the Social Security Act is amended to read as follows: “(g) (1) In September 1965, and in every fifth September thereafter up to and including September 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the July 1 following the determination in the case of all other such determinations, and ending with tie close of June 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of June 30, Ante, p. 299. 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social Security 42 USC 410. 64 Stat. 477. 42 USC 301 note. 70 Stat. 819. 42 USC 401. Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which such determination is made. “(2) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund— “(A) for the fiscal year ending June 30, 1966. an amount equal to the amount determined under paragraph (1) in September 1965, and “(B) for each fiscal year in the period beginning with July 1, 1966, and ending with the close of June 30, 2015, an amount equal to the annual installment for such fiscal year under the most recent determination under paragraph (1) which precedes such fiscal year. “(3) For the fiscal year ending June 30, 2016, there is authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund such sums as the Secretary determines would place toe Trust Funds and the Federal Hospital Insurance Trust Fund in the same position in which they would have been at the close of June 30, 2015, if section 210 of this Act as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted. “(4) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund annually, as benefits under this title and part A of title XVIII are paid after June 30, Ante, p. 291. 2015, such sums as the Secretary determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lump-sum death payments).” Sec. 323. adoption of child by retired worker (a) Section 202 (d) of the Social Security Act is amended— 72 Stat. 1022. 42 USC 402. (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: Ante, p. 370. “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social 72 Stat. 1022. 42 USC 402. Supra. Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted. Sec. 324. extension of period for filing proof of support and applications for lump-sum death payment (a) Section 202 (p) of the Social Security Act is amended to read as follows: “(p) “Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment In any case in which there is a failure— “(1) to file proof of support under subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(1), or subparagraph (B) of subsection (h)(1). or tinder clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the 64 Stat. 477. 42 USC 301 note. period prescribed by such subparagraph or clause, or “(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security 42 USC 402. Act Amendments of 1950, within the period prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary.” (b) The amendments made by this section shall be effective with respect to (1) applications for lump-sum death payments filed in or after the month in which this Act is enacted, and (2) monthly benefits based on applications filed in or after such month. Sec. 325. treatment of certain royalties for retirement test purposes (a) (1) Subparagraph (B) of section 203 (f)(5) of the Social Security Act is amended to read as follows: 74 Stat. 956. 42 USC 403. “(B) For purposes of this section— “(i) an individual’s net earnings from self-employment for any taxable year shall be determined as provided in section 42 USC 411. 211, except that paragraphs (1), (4), and (5) of section 211(c) shall not apply and the gross income shall be computed by excluding the amounts provided by subparagraph (D), and “(ii) an individual’s net loss from self-employment for any taxable year is the excess of the deductions (plus his distributive share of loss described in section 702(a)(9) of the Internal Revenue Code of 1954) taken into account under 68A Stat. 239. 26 USC 702. clause (i) over the gross income (plus his distributive share of income so described) taken into account under clause (i).” (2) Such section 203(f)(5) is further amended by adding at the end thereof the following new subparagraph: “(D) In the case of an individual— “(i) who has attained the age of 65 on or before the last day of the taxable year, and “(ii) who shows to the satisfaction of the Secretary that lie is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he attained the age of 65 and that the property to which the copyright or patent relates was created by his own personal efforts, there shall be excluded from gross income any such royalties.” (b) The amendments made by subsection (a) shall apply with respect to the computation of net earnings from self-employment and the net loss from self-employment for taxable years beginning after 1964. Sec. 326. amendments preserving relationship between railroad retirement and old-age, survivors, and disability insurance systems (a) Section l(q) of the Railroad Retirement Act of 1937 is amended by striking out “1961” and inserting in lieu thereof “1965”. (b) Section 5(1)(9) of such Act is amended by striking out “after 1958 is.less than $4,800” and inserting in lieu thereof the following: “after 1958 and before 1966 is less than $4,800 or for any calendar year after 1965 is less than $6,600”; and by striking out “and $4,800 for years after 1958”, and inserting in lieu thereof the following: “$4,800 for years after 1958 and before 1966, and $6,600 for years after 1965”. Sec. 327. technical amendment relating to meetings of board of trustees of the old-age, survivors, and disability insurance trust funds Section 201(c) of the Social Security Act is amended by striking out “six months” in the fourth sentence and inserting in lieu thereof “calendar year”. Sec. 328. applications for benefits (a) Section 202(j)(2) of the Social Security Act. is amended to read as follows: “(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a)(1)) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act, (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act before the 53 Stat. 1370. 42 USC 405. date of enactment of this Act. applications as to which there has been no final judicial decision before the date of enactment of this Act. Sec. 329. underpayments Section 204 of the Social Security Act is amended by 42 USC 404. adding at the end thereof the following new subsection: “(d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— “(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same .household with the deceased at the time of his death, or “(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual.” Sec. 330. payments to two or more individuals of the same family Section 205 (n) of the Social Security Act is amended to read as follows: “(n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month.” Sec. 331. validating certificates filed by ministers (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employment 68 Stat. 1088. 26 USC 1402. income in the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(5) Optional provision for certain certificates filed on or before April is, leer.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment income on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— “(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security 64 Stat. 158. 42 USC 405. Act) after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and “(B) a certificate filed after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205 (c)(1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— “(i) the tax under section 1401 in respect to all such individual’s self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967, and “(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section 68A Stat. 819. 26 USC 6611. 26 USC 6401. 6611) is repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph.” (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Revenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) for purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason or the filing of a certificate which is effective under section 1402(e)(5). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state- meats of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any 42 USC 401. prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this Act 74 Stat. 927; 75 Stat. 141. 26 USC 1402. shall be applicable with respect to any certificate filed pursuant thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.” Sec. 333. continuation of widow’s and widower’s insurance benefits after remarriage (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- Ante, pp. 373, 374. ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the Ante, p. 374. provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection Ante, p. 403. (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 72 Stat. 1017. 42 USC 403. 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not Ante, pp. 376, 403; Supra. entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 334. changes in definitions of wife, widow, husband, and widower (a) Section 216(b) of the Social Security Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) was entitled to, or upon appli-cation therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment or age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. 50 Stat. 312. 45 USC 228e. (b) Section 216(c) of such Act, as amended by section 306 of this Ante, p. 373. Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) she was entitled to, or upon application therefor and attainment or the required age (if any) would nave been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end or clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately lief ore the period at the end there or the following: “, or (C) he was entitled to, or on application therefor and attainment of tire required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (e) Section 202(c)(2) is amended by striking out “or” at the end 72 Stat. 1026; Ante, p. 372. 42 USC 402. of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (f) Section 202(f)(2) of such Act is amended by striking out “or” at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 335. reduction of benefits on receipt of workmen’s compensation Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled 70 Stat. 815. 42 USC 423. to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: “Sec. 224. “reduction of benefits based on disability on account of receipt of workmen’s compensation (a) If for any month prior to the month in which an individual attains the age of 62— “(1) such individual is entitled to benefits under section 223, and “(2) such individual is entitled for such month, under a workmen’s compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, 64 Stat. 482. 42 USC 402. the total of his benefits under section 223 for such month and of any benefits under section 202 for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of— “(3) such total of benefits under sections 223 and 202 for such month, and “(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen’s compensation law or plan, exceeds the higher of— “(5) 80 per centum of his ‘average current earnings’, or “(6) the total of such individual’s disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wages and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) induce such total below the sum of— “(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual’s wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and “(8) any increase in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual’s average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total or his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest. “(b) If any periodic benefit under a workmen’s compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). “(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions Ante, p. 363, 378. 70 Stat. 817. 42 USC 422. under such section and under section 222(b). “(d) The reduction of benefits required by this section shall not be made if the workmen’s compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. 70 Stat. 815. 42 USC 423. “(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen’s compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual’s wages and self-employment 64 Stat. 482. 42 USC 402. income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205 (i). 83 Stat. 1371. 42 USC 405. “(f) (1) In the second calendar year after the year in which reduction under this section in the total of an individual’s benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual’s wages and self-employment income. Such redetermined benefit, shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. “(2) In making the redetermination required by paragraph (1), the individual’s average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1. “(g) Whenever a reduction in the total of benefits for any month based on an individual’s wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit.” Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.” Sec. 337. teachers in the state of maine (a) Section 316 of the Social Security Amendments of 1958 72 Stat. 1040; 78 Stat. 240. 42 USC 418 note. is amended by striking out “July 1, 1965” and inserting in lieu thereof “July 1, 1967”. (b) The amendment made by this section shall be effective as of July 1, 1965. Sec. 338. modification of agreement with north dakota and iowa with respect to certain students Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota 64 Stat. 514. 42 USC 418. and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar qua it er in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Sec. 339. qualification of children not qualified under state law (a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following 42 USC 401. the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 340. disclosure, under certain circumstances, to courts and interested welfare agencies of whereabouts of individuals Section 1106 of the Social Security Act is amended by 64 Stat. 559. 42 USC 1306. adding at the end thereof the following new subsection: “(c) (1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, XIV, XVI, or XIX, or participating in the administration of any other State or 42 USC 301 et seq. local public assistance program, for the most recent address of any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary 53 Stat. 1368. 42 USC 405. shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— “(A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, “(B) such child or children are applicants for or recipients of assistance available under such a plan or program, “(C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and “(D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. “(2) A request under paragraph (1) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). “(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. “(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (b) shall apply also with respect to payment under this paragraph.” Sec. 341. additional period for filing ministers certificates (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 71 Stat. 521; 78 Stat. 1076. 26 USC 1402. ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “his second taxable year ending after 1962” and inserting in lieu thereof “his second taxable year ending after 1963”. (b) Section 1402(e)(3) of such Code (relating to effective date of 74 Stat. 926; 78 Stat. 1077. certificate) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years.” (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 26 USC 1402. (e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the 42 USC 401. Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. Sec. 342. rectifying error in interpreting law with respect to certain school employees in alaska For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. Sec. 343. continuation of child’s insurance benefits after adoption by brother or sister (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out “or uncle” and inserting in lieu thereof “uncle, brother, or sister”. (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child’s 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 344. disability insurance benefits for the blind; special provisions (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or “(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in paragraph (1)), not less than one-half (and not less than 6) oi the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.” (b) Section 223(c)(1) of such Act is amended by striking out subparagraph 70 Stat. 815. 42 USC 423. (B) and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or “(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 216(i)(1)), not less than one-half (and not 68 Stat. 1080. 42 USC 416. less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage.” (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence Ante, p. 367. at the end thereof: “No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self-employment Ante, pp. 370, 375, 397; 64 Stat. 482. 42 USC 402. income of such individual.” (d) The first sentence of section 223(c)(2) of such Act (as amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.” (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filed in or after the month in which this Act is enacted.
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Inserted · 42 U.S.C. § 416(c)
  Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(b), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title
2. Added · 42 U.S.C. § 416(c)
  Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(b), added cl. (6)(C), respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(b), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title, and added cl. (6)(C), respectively.
Enacted provision · exact public law
TITLE III— SOCIAL SECURITY AMENDMENTS Sec. 300. short title This title may be cited as the “Old-Age, Survivors, and Old-Age, Survivors, and Disability Insurance Amendments of 1965. Disability Insurance Amendments of 1965”, Sec. 301. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended 72 Stat. 1014. 42 USC 415. by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— ..... $13.48 $40 .... $67 $44.00 $66.00 $13.49 14.00 41 $68 69 45.00 67.69 14,01 14.43 42 70 70 46,00 89.00 14.49 15.00 43 71 72 47.00 70.50 15.01 15,60 44 73 74 48.00 72.00 15.61 16.20 45 75 76 49.00 73.50 16.21 16,84 46 77 78 50.00 75.00 16.85 17.60 47 79 so 51.01 78.60 17.61 18,40 48 81 81 52.00 78.00 18.41 19.24 49 82 83 53.00 79.50 19.25 20.00 50 84 85 54.00 81.00 20.01 20.64 51 85 87 55.00 82.60 20.65 21.28 52 88 89 56.00 84.00 21.29 21.88 53 90 00 57.00 85.80 21.89 22.28 54 91 92 58.00 87.00 22.29 22.68 55 93 94 69.00 88.50 22.69 23.08 56 95 95 00.90 90.00 23.09 23.44 57 97 97 61.00 91.50 23.45 23.76 58 98 99 62.10 93.20 23.77 24.20 59 100 101 63.20 94.80 24.21 24.80 60 102 102 04.20 96.30 24.61 25.00 61 103 104 65.30 98.00 25.01 25.48 62 105 106 00,40 99.60 25.49 25.92 63 107 107 67.50 101.30 25.93 26.40 64 108 109 08.50 102.80 26.41 26.94 65 110 113 69.60 104.40 26.95 27.46 66 111 118 70.70 108.10 27.47 28.00 67 119 122 71.70 107.60 28 01 28.68 68 123 127 72.80 109.20 28.69 29.25 69 128 132 73.90 110.90 29.26 29.68 70 133 136 74.90 112.40 29.69 30.36 71 137 141 76.00 114.00 30.37 30.92 72 142 146 77.10 116.80 30.93 31.36 73 147 150 78.20 120.00 31.37 32.00 74 151 155 79.20 124.00 32.01 32.60 75 156 160 80.30 128.00 32.61 33.20 76 161 164 81.40 131.20 33.21 33.88 77 165 169 82.40 135.20 33,89 34.50 78 170 174 83.50 135.20 34.51 35.00 79 175 178 84.60 142,40 35.01 35.80 80 179 183 85.60 146.40 35.81 36,40 81 IM 188 86.70 150.40 36.41 37.08 82 189 193 87.80 154.40 3ZO9 37.60 83 194 197 88.90 157.60 37,61 38.20 84 198 202 89.90 161.60 38,21 39,12 85 203 207 91.00 165.60 39.13 39.68 86 208 211 92.10 168.80 39.69 40.33 87 212 216 93.10 172.80 40.34 41.12 88 217 221 94.20 176.80 41.13 41.76 89 222 225 95.30 180.00 41.77 42.44 90 226 230 96,30 184.00 42.45 43.20 91 231 235 97.40 188.00 “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— $43.21 $43.76 $92 $238 $239 $98.50 $191.20 43.77 44.44 93 240 244 99.60 195.20 44.45 41.88 94 246 249 100.60 199.20 44.89 45.60 95 250 253 101.70 202.40 96 254 258 102.80 206.40 97 259 263 103.80 210,40 98 204 267 104.90 213.60 99 268 272 100.00 217.60 100 273 277 107.00 221.60 101 278 281 108.00 224,80 102 282 286 109.20 223.80 103 287 291 110.30 232,80 104 292 293 111.30 236.00 105 290 300 112.40 240,00 106 301 305 113.50 244.00 107 306 309 114.50 247.20 108 310 314 115.60 251.20 109 315 319 116.70 255.20 110 320 323 117.70 258.40 111 324 323 118.80 262.40 112 329 333 113.90 266.40 113 334 337 121.00 269.60 114 338 342 122.00 273.60 115 343 347 123.10 277.60 118 348 351 124.20 280.00 117 352 356 125.20 284.80 118 357 361 126.30 288.80 119 362 365 127.40 292.00 120 366 370 128.40 296.00 121 371 375 129.50 298.00 122 376 379 130.50 299.60 123 380 384 131.70 301.00 124 385 389 132.70 303.00 125 390 393 133.80 305.20 126 394 398 134.90 307.20 127 399 403 135.90 309.20 404 407 137.00 310.80 408 412 138.00 312.80 413 417 139.00 314,80 418 421 14(100 316.40 422 426 14L00 318.40 427 431 142.00 320.40 432 436 143.00 322.40 437 440 144.00 32AM 441 445 145,00 320,00 446 450 146.00 328.00 461 454 147.00 329.60 455 450 148.00 331.60 460 464 149.00 333.60 465 468 150.00 335.20 469 473 151.00 337.20 474 478 152.00 339.20 479 482 153.00 340.80 483 487 154.00 342.80 488 492 155,00 344.80 493 496 156.00 346,40 497 501 157.00 348.40 602 506 156.00 350.40 507 510 159.00 352.00 511 516 160.00 354.00 516 520 161.00 356.00 521 524 162.00 357.60 525 529 163.00 359.60 530 534 164.00 361.60 535 638 165,00 363.20 539 543 166.00 365,20 544 548 167.00 387.20 549 550 168.00 368.00” (b) Section 215(c) of such Act is amended to read as follows: 72 Stat. 1016. 42 USC 415. “(c) “Primary Insurance Amount Under 1958 Act, as Modified (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount shall be computed as provided in, and subject to the limitations specified in, (A) this section as in effect prior to the enactment of the Social Security Amendments of 1965, and (B) the applicable provisions of the Social Security Amendments of 1960. 74 Stat. 924. 42 USC 301 note. “(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 of enactment of the Social 64 Stat. 482; 70 Stat. 815. 42 USC 402, 423. 72 Stat. 1017; Post, p. 378. 42 USC 403. Security Amendments of 1965 or who died before such date.” (c) Section 203(a) of such Act is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly benefits under section 202 or 223 for any month which begins after December 1964 and before the enactment of the Social Security Amendments of 1965, on the basis of the wages and self-employment income of such insured individual, such total of benefits for any month occurring after December 1964 shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) (i) with respect to the month in which such Amendments are enacted or any prior month, 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 of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), 70 Stat. 817; 75 Stat. 131. 42 USC 422, 402. as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965), for such month, by 107 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10, and “(ii) with respect to any month after the month in which such Amendments are enacted, 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 of section 222(b), section 202 (q), and subsections (b), (c), and (d) of this section), as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965) for the month of enactment, by 107 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 (B) of this paragraph, and (II) if section 202(k) 64 Stat. 487. 42 USC 402. (2)(A) was applicable in the case of any of such benefits for any such month beginning before the enactment of the Social Secu-rity Amendments of 1965, and ceases to apply 42 USC 402. after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which such section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for such month beginning prior to such enactment.” (d) The amendments made by subsections (a),(b), and (c) of this section shall apply with respect to monthly benefits under title II of the 42 USC 401. Social Security Act for months after December 1964 and with respect to lump-sum death payments under such title in the case of deaths occurring in or after the month in which this Act is enacted. (e) If an individual is entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1964 on the basis of an application filed after enactment of this Act and is entitled to 42 USC 402. old-age insurance benefits under section 202(a) of such Act for January 1965, then, for purposes of section 215(a)(4) of the Social Security 75 Stat. 135; Post, p. 370. 42 USC 415. Ante, p. 361. Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the June 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 his disability insurance benefit. Sec. 302. computation and recomputation of benefits (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Post, p. 365. Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is 74 Stat. 961. 42 USC 415. amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” 64 Stat. 508. after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended 68 Stat. 1066. to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), 64 Stat. 520. 42 USC 405. for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under 64 Stat. 482. 42 USC 402. section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit 42 USC 401. amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of 74 Stat. 963; 68 Stat. 1068. sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after 70 Stat. 815. 42 USC 423. December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed. Sec. 303. disability insurance benefits (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. (2) So much of section 223 (c)(2) of such Act as precedes the second 70 Stat. 815; Post, p. 413. 42 USC 423. sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out 72 Stat. 1021; Post, p. 412. “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended 42 USC 423. Poatt p. 413. by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out 72 Stat. 1020. 42 USC 423. “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended 64 Stat. 487. 42 USC 402. by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the 75 Stat. 135; Post, p. 370. 42 USC 415. amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions Ante, p. 367. of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance 70 Stat. 815. 42 USC 423. benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 53 Stat. 1370. 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for 42 USC 401. monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. Sec. 304. payment of disability insurance benefits after entitlement to other monthly insurance benefits (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following Post, p. 374. new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 305. disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended by inserting “and before January 1, 1966,” after “December 31, 1956,”, and by inserting after “1954,” the following: “and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,”. (b) Section 201(b)(2) of such Act is amended by inserting after “December 31, 1956,” the following: “and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,”. Sec. 306. payment of child’s insurance benefits after attainment of age 18 in case of child attending school (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as 70 Stat. 815. Ante, p. 367. defined in section 223(c)) which began before he attained the age of 18, and”. (b) (1) So much of the first sentence of section 202(d)(1) of such 72 Stat. 1022; Post, p. 307. 42 USC 402. Act as follows subparagraph (C) is amended to read as follows: “shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time “Full-time student”. attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “(a) “Child Aged 18 or Over Attending School (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 42 USC 403. 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as Ante, p. 367. 42 USC 423. defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection 74 Stat. 954, 955; Post, p. 373. 42 USC 403. 72 Stat. 1026–1028. 42 USC 416. (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject 64 Stat. 486; Post, p. 378. 42 USC 402. to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows 72 Stat. 1032. subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of 42 USC 403. such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. Ante, p. 372. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act Past, pp. 404, 405. 42 USC 416. are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— 64 Stat. 482. 42 USC 402. (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section. Ante, p. 370. Sec. 307. reduced benefits for widows at age 60 (a) (1) Paragraph (1)(B) of section 202(e) of the Social Security Act (as amended by section 308(b) of this Act) is amended Post, p. 376. by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Paragraph (2) of such section (as so amended) is amended by striking put “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (b) (1) Paragraph (1) of section 202(g) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, or widow’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(a) 5/9 of 1 percent of such amount if such benefit is an old-age or widow’s insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (2) Paragraph (3)(A)(os renumbered by section 304(c) of this Act) of such section is amended— (A) by striking out “wife’s or husband’s insurance benefit” each place it appears and inserting in lieu thereof “wife’s, husband’s, or widow’s insurance benefit”; and (B) by striking out “age 62” and inserting in lieu thereof “age 62 (in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)”. (3) Paragraph (3)(D)(as so renumbered) of such section is amended by striking out “wife’s or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”. (4) Paragraph (3)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger: “(i) the amount by which (but for this subparagraph) such old-age insurance benefit would have been reduced under paragraph (1), “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection).” (5) Paragraph (5)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(D) No widow’s insurance benefit for a month in which she has in her care a child of her deceased husband (or deceased former husband) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which she would have been entitled had she been entitled for such month to mother’s insurance benefits on the basis of her deceased husband’s (or deceased former husband’s) wages and self-employment income.” (6) Paragraph (6)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; (B) by striking out “or husband’s” in subparagraph (A)(i) and inserting in lieu thereof “, husband’s, or widow’s”; and (C) by striking out “age 65” in subparagraph (B) and inserting in lieu thereof “retirement age”. (7) Paragraph (7)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; and (B) by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a comma, and by adding at the end thereof the following new subparagraphs: “(D) in the case of widow’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D), “(E) in the case of widow’s insurance benefits, any month before the month in which she attained retirement age for which she was not entitled to such benefit because of the occurrence of an event that terminated her entitlement to such benefits, and”. (8) Section 202(a) of such Act (as amended by section 304(c) of this Act) is further amended by adding at the end thereof the Ante, p. 368. following new paragraph: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65 with respect to an old-age, wife’s, or husband’s insurance benefit and age 62 with respect to a widow’s insurance benefit.” (c) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for and after the second month following the month in which this 64 Stat. 482. 42 USC 402. Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 308. wife’s and widow’s benefits for divorced women (a) Section 202 (b) of the Social Security Act is amended to read as follows: “(b) “Wife’s Insurance Benefits (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age Post, p. 377. 42 USC 416. or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she 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 “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. 42 USC 402. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out 41 USC 403. “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out 42 USC 405. “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. Repeal. 42 USC 402. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month 42 USC 401. following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 309. transitional insured status (a) Title II of the Social Security Act is further amended by adding at the end thereof (after the new section 226 added by section 101 of this Act) the following new section: Ante, p. 290. “Sec. 227. “transitional insured status (a) In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 214(a), the 6 quarters of coverage referred to in so much of 75 Stat. 137. 42 USC 414. paragraph (1) of section 214(a) as follows clause (C) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 202(a), and of his wife 42 USC 402. to benefits under section 202(b), but, in the case of such wife, only if. Ante, p. 375. she attains the age of 72 before 1969 and only with respect to wife’s insurance benefits under section 202(b) for and after the month in which she attains such age. For each month before the month in which any such individual meets the requirements of section 214(a), the amount of his old-age insurance benefit shall, notwithstanding the provisions of section 202(a), be $35 and the amount of the wife’s insurance benefit of his wife shall, notwithstanding the provisions of section 202(b), be $17.50. “(b) In the case of any individual who has died, who does not meet the requirements of section 214(a), and whose widow attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 214(a) and in so much of paragraph (1) thereof as follows clause (C) shall, for purposes of determining her entitle- Ante, pp. 376, 377. 42 USC 402. ment to widow’s insurance benefits under section 202 (e), instead be— “(1) 3 quarters of coverage if such widow attains the age of 72 in or before 1966, “(2) 4 quarters of coverage if such widow attains the age of 72 in 1967, or “(3) 5 quarters of coverage if such widow attains the age of 72 in 1968. The amount of her widow’s insurance benefit for each month shall, notwithstanding the provisions of section 202(e)(and section 202 68 Stat. 1073. 42 USC 402. (m)), be $35. “(c) In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 202(a) by reason of the application of subsection (a) of this section, who dies, and whose widow attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such widow to widow’s insurance benefits under section 202(e).” (b) The amendment made by subsection (a) shall apply in the case of monthly benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted. Sec. 310. increase in amount an individual is permitted to earn without suffering full deductions from benefits (a) (1) Paragraphs (1), (3), and (4)(B) of subsection 42 USC 403. (f) of section 203 of the Social Security Act are each amended by striking out “$100” wherever it appears therein and inserting in lieu thereof “$125”. (2) The first sentence of paragraph (3) of such subsection (f) is amended by striking out “$500” each place it appears therein and inserting in lieu thereof “$1,200”. (3) Paragraph (1)(A) of subsection (h) of section 203 of such Act is amended by striking out “$100” and inserting in lieu thereof “$125”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 31, 1965. Sec. 311. coverage for doctors of medicine (a) (1) Section 211(c)(5) of the Social Security Act is amended to read as follows: “(5) The performance of service by an individual in the exercise of bis profession as a Christian Science practitioner.” (2) Section 211 (c) of such Act is further amended by striking out the last two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by Post, p. 381. him under section 1402(e) of the Internal Revenue Code of 1954 is in effect.” (3) Section 210(a)(6)(C)(iv) of such Act is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (4) Section 210(a)(13) of such Act is amended by striking out all 64 Stat. 497; 68 Stat. 1052. 42 USC 410. 70 Stat. 841. 26 USC 1402. that follows the first semicolon. (b) (1) Section 1402(c)(5) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: “(5) the performance of service by an individual in the exercise of his profession as a Christian Science practitioner.” (2) Section 1402(c) of such Code is further amended by striking 68 Stat. 1088. out the last.two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by him under subsection (e) is in effect.” (3) (A) Section 1402(e)(1) of such Code (relating to filing of waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “extended to service” and all that follows and inserting in lieu thereof “extended to service described in subsection (c)(4) or (c)(5) performed by him.” (B) Clause (A) of section 1402(e)(2) of such Code (relating to time for filing waiver certificate) is amended to read as follows: “(A) the due date of the return (including any extension thereof) for his second taxable year ending after 1954 for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or . (4) Section 3121(b)(6)(C)(iv) of such Code (relating to definition 68 Stat. 1092. 26 USC 3121. of employment) is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (5) Section 3121 (b)(13) of such Code is amended by striking out 68A Stat. 422; 68 Stat. 1091. all that follows the first semicolon. (c) The amendments made by paragraphs (1) and (2) of subsection (a), and by paragraphs (1). (2), and (3) of subsection (b), shall apply only with respect to taxable years ending on or after December 31, 1965. The amendments made by paragraphs (3) and (4) of subsection (a), and by paragraphs (4) and (5) of subsection (b), shall apply only with respect to services performed after 1965. Sec. 312. gross income of farmers (a) The second sentence following paragraph (8) in section 211(a) of the Social Security Act is amended by striking out 43 USC 411. “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,000” each place it appears and inserting in lieu thereof “$1,600”. (b) The second sentence following paragraph (9) in section 1402(a) of the Internal Revenue Code of 1954 (relating to net earnings from self-employment) is amended by striking out “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,200” each place it appears and inserting in lieu thereof “$1,600”. (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1965. Sec. 313. coverage of tips (a) (1) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (j), by striking out the period at the end of subsection (k) and inserting in lieu thereof “; or”, and by adding immediately after subsection (k) the following new subsection: “(l) (1) Tips paid in any medium other than cash; “(2) Cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (2) Section 209 of such Act is-further amended by adding at the end thereof the following new paragraph: “For purposes of this title, tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code Post, p. 384. of 1954 or (if no statement including such tips is so furnished) at the time received.” (b) Section 451 of the Internal Revenue Code of 1954 (relating to general rule for taxable year of inclusion) is amended by adding at the end thereof the following new subsection: “(c) Special Rum for Employee Tips.— For purposes of subsection (a), tips included in a written statement furnished an employer by an employee pursuant to section 6053(a) shall be deemed to be received at the time the written statement including such tips is furnished to the employer.” (c) (1) Section 3102 of such Code (relating to deduction of tax from wages) is amended by adding at the end thereof the following new subsection: “(c) Special Rule for Tips.— “(1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. “(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. “(3) The Secretary or his delegate may, under regulations prescribed by him. authorize employers— “(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter of the calendar year, “(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such quarter as if the tips so estimated constituted the actual tips so reported, and “(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. Post, p. 395. “(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.” (2) The second sentence of section 3102 (a) of such Code is amended 68A Stat. 415; 68 Stat. 1093. 26 USC 3102. by inserting before the period at the end thereof the following: “; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to Post, p. 384. 26 USC 3121. which paragraph (12)(B) of section 3121 (a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20”. (3) Section 3121(a) of such Code (relating to definition of wages under the Federal Insurance Contributions Act) is amended by striking out “or” at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; or ”, and by adding after paragraph (11) the following new paragraph: “(12) (A) tips paid in any medium other than cash; “(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (4) Section 3121 of such Code is further amended by adding at the end thereof the following new subsection: “(q) Tips Included for Employee Taxes.— For purposes of this chapter other than for purposes of the taxes imposed by section 3111, Post, p. 396. tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (d) (1) Section 3401 of such Code (relating to definitions for purposes 68A Stat. 455. 26 USC 3401. of collecting income tax at source on wages) is amended by adding at the end thereof the following new subsection: “(f) Tips.— For purposes of subsection (a), the term ‘wages’ “Wages.” includes tips received by an employee in the course of his employment. Such wages shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (2) Section 3401(a) of such Code (relating to definition of wages for purposes of collecting income tax at source) is amended by striking out “r” at the end of paragraph (6) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; or”, and by adding after paragraph (15) the following new paragraph: “(16) (A) as tips in any medium other than cash; “(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (3) Subsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by striking out “subsection (j)” and inserting in lieu thereof “subsections (j) and (k)”. (4) Section 3402(h)(3) of such Code (relating to income tax withholding on basis of average wages) is amended by inserting after “quarter” the first place it appears the following: “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)”. (5) Section 3402 of such Code is further amended by adding at the end thereof the following new subsection: “(k) Tips.— In the case of tips which constitute wages, subsection Infra. (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (16)(B) of section 3401(a) is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20. Such tax shall not at any time be deducted and withheld in an amount which exceeds the aggregate of such wages and funds (including funds Ante, p. 382. Ante, p. 383. 68A Stat. 747. 26 USC 6051. turned over under section 3102(c)(2)) minus any tax required by section 3102(a) to be collected from such wages and funds.” (e) (1) Section 6051(a) of such Code (relating to receipts for employees) is amended by adding at the end thereof the following new sentence: “In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).” (2) (A) Subpart C of part III of subchapter A of chapter 61 of such Code (relating to information regarding wages paid employees) is amended by adding at the end thereof the following new section: “SEC. 6053. REPORTING OF TIPS. “(a) Reports by Employees.— Every employee who, in the course of his employment by an employer, receives in any calendar month tips 26 USC 3121, 3401. which are wages (as defined in section 3121(a) or section 3401(a)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary or his delegate. “(b) Statements Furnished by Employers.— If the tax imposed by section 3101 with respect to tips reported by an employee pursuant Post, p. 395. to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102, the employer shall furnish to the employee 26 USC 3102. a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary or his delegate may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary or his delegate.” (B) Section 6652(b) of such Code (relating to failure to file information 76 Stat. 1057. 26 USC 6652. returns) is amended by inserting after “income tax withheld) the following: “and in the case of each failure to furnish a statement required by section 6053(b)(relating to statements furnished by employers Supra. with respect to tips),”. (C) Section 6674 of such Code (relating to fraudulent statement or 68A Stat. 828. 26 USC 6674. failure to furnish statement to employee) is amended by striking out “6051” each place it appears and inserting in lieu thereof “6051 or 68A Stat. 747. 26 USC 6051. 6053(b)”. (D) The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 6053. Reporting of tips.” (3) Section 6652 of such Code (relating to failure to file certain information returns) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Failure To Report Tips.— In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)), unless Ante, p. 384. 26 USC 3121. it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 with respect to the amount of tips which Post, p. 395. he so failed to report, an amount equal to 50 percent of such tax,” (f) The amendments made by this section shall apply only with respect to tips received by employees after 1965. Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418. Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”. Sec. 316. employees of nonprofit organizations (a) (1) Section 3121(k)(1)(B)(iii) of the Internal Revenue 72 Stat. 1044. 26 USC 3121. Code of 1954 (relating to effective date of exemption of religious, charitable, and certain other organizations) is amended to read as follows: “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed.” (2) The amendment made by paragraph (1) shall apply in the case of any certificate filed under section 3121 (k)(1)(A) of such Code after the date of the enactment of this Act. (b) Section 3121 (k)(1) of such Code (relating to waiver of exemption by religious, charitable, and certain other organizations) is further amended by adding at the end thereof the following new subparagraph: “(H) An organization which files a certificate under subparagraph (A) before 1966 may amend such certificate during 1965 or 1966 to make the certificate effective with the first day of any calendar quarter preceding the quarter for which such certificate originally became effective, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is so amended. If an organization amends its certificate pursuant to the preceding sentence, such amendment shall b effective with respect to the service of individuals who concurred in the filing of such certificate (initially or through the filing of a supplemental list) and who concur in the filing of such amendment. An amendment to a certificate filed pursuant to this subparagraph shall be filed with such official and in such form and manner as may be prescribed by regulations made under this chapter. If an amendment is filed pursuant to this subparagraph— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file tax return), the due date for the return and payment of the tax for any calendar quarter resulting from the filing of such an amendment shall be the last day of the calendar month following the calendar quarter in which the amendment is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of three year’s from such due date.” (c) (1) Section 105(b) of the Social Security Amendments of 1960 is amended to read as follows: “(b) (1) If— “(A) an individual performed service in the employ of an organization with respect to which remuneration was paid before the first day of the calendar quarter in which the organization filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code of 1954, and such service is excepted from employment under section 210(a) 72 Stat. 1035. 42 USC 410. (8)(B) of the Social Security Act, “(B) such service would have constituted employment as defined in section 210 of such Act if the requirements of section 3121(k)(1) of such Code were satisfied, “(C) such organization paid, on or before the due date of the tax return for the calendar quarter before the calendar quarter in which the organization filed a certificate pursuant to section 3121(k)(1) of such Code, any amount, as taxes 72 Stat. 1044. 26 USC 3121. Post, pp. 395, 396. imposed by sections 3101 and 3111 of such Code, with respect to such remuneration paid by the organization to the individual for such service, “(D) such individual, or a fiduciary acting for such individual or his estate, or his survivor (within the meaning of section 205(c)(1)(C) of such Act), requests that such 64 Stat. 518; Ante, p. 379. remuneration be deemed to constitute remuneration for employment for purposes of title II of such Act, and 42 USC 401. “(E) the request is made in such form and manner, and with such official, as may be prescribed by regulations made by the Secretary of Health, Education, and Welfare, then, subject to the conditions stated in paragraphs (2), (3), (4), and (5), the remuneration with respect to which the amount has been paid as taxes shall be deemed to constitute remuneration for employment for purposes of title II of such Act. “(2) Paragraph (1) shall not apply with respect to an individual unless the organization referred to in paragraph (1)(A), on or before the date on which the request described in paragraph (1) is made, has filed a certificate pursuant to section 3121(k)(1) of such Code. “(3) Paragraph (1) shall not apply with respect to an individual who is employed by the organization referred to in paragraph (2) on the date the certificate is filed. “(4) If credit or refund of any portion of the amount referred to in paragraph (1)(C)(other than a credit or refund which would be allowed if the service constituted employment for purposes of chapter 21 of such Code) has been obtained, paragraph (1) shall 68A Stat. 415. 26 USC 3101–3126. 68A Stat. 819. 26 USC 6611. not apply with respect to the individual unless the amount credited or refunded (including any interest under section 6611 of such Code) is repaid before January 1, 1968, or, if later, the first day of the third year after the year in which the organization filed a certificate pursuant to section 3121 (k)(1) of such Code. “(5) Paragraph (1) shall not apply to any service performed for the organization in a period for winch a certificate filed pursuant to section 3121 (k)(1) of such Code is not in effect.” (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. The provisions of section 105(b) of the Social Security Amendments of 1960 which were in 74 Stat. 943. 26 USC 3121 note. effect before the date of the enactment of this Act shall be applicable with respect to any request filed under section 105(b)(1) of such Amendments before such date. Nothing in the preceding sentence shall prevent the filing of a request under section 105(b)(1) of such Amendments as amended by this Act. (d) If— (1) an individual performed service with respect to which remuneration was paid before the date of enactment of this Act by an organization which, before, such date, filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code, (2) such service is excluded from employment under title II of the Social Security Act but would not be excluded therefrom if the requirements of such section 3121 (k)(1) had been met with respect to such service, (3) such service was performed during the period such certificate was in effect, and (4) such individual was listed pursuant to such section 3121 72 Stat. 1044. 26 USC 3121. (k)(1) at any time during such period and before the date of enactment of this Act as an employee who concurred in the filing of such certificate or such individual filed a request for coverage pursuant to section 105(b) of the Social Security Amendments of 74 Stat. 943. 26 USC 3121 note. 1960, as in effect prior to the enactment of this Act (but such listing or request was not effective with respect to the service described above), then, subject to the conditions stated in subparagraphs (B), (C), (D), and (E) of paragraph (1), and paragraph (4), of section 105(b) of the Social Security Amendments of 1960, as amended by this section, the remuneration of such individual which was paid with respect to such excluded service shall be deemed to constitute remuneration for 42 USC 401. employment for purposes of such title II; except that, for purposes of this subsection, in applying subparagraph (C) of paragraph (1) of such section 105(b) the date of enactment of this Act shall be considered to be the date on which the organization filed its certificate under section 3121(k)(1) and any reference, in paragraph (4) of such section, to such paragraph (1) shall be considered a reference to the preceding provisions of this subsection. Sec. 317. coverage of temporary employees of the district of columbia (a) Section 210(a)(7) of the Social Security Act is amended— (1) by striking out “or” at the end of subparagraph (B), (2) by striking out the semicolon at the end of subparagraph (C)(ii) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (C) the following new subparagraph: “(D) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 61 Stat. 727; 63 Stat. 972. 1052), other than as a medical or dental intern or as a medical or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 (relating to certain services not included in definition of employment) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the semicolon at the end of subparagraph (B) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (B) the following new subparagraph: “(C) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 1052), other than as a medical or dental intern or as a medical 61 Stat. 727; 63 Stat. 972. or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (c) (1) Section 3125 of such Code (relating to returns in the case 74 Stat. 939. 26 USC 3125. of governmental employees in Guam and American Samoa) is amended by adding at the end thereof the following new subsection: “(c) District of Columbia.— In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Commissioners of the District of Columbia or by such agents as they may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the Post, p. 396. Post p. 393. $6,600 limitation in section 3121(a)(1).” (2) The heading of such section 3125 is amended by striking out “AND AMERICAN SAMOA” and inserting in lieu thereof “, AMERICAN SAMOA AND THE DISTRICT OF COLUMBIA” (3) The table of sections for subchapter C of chapter 21 of such Code (relating to general provisions for Federal Insurance Contributions Act) is amended by striking out “Sec. 3125. Returns in the ease of governmental employees in Guam and American Samoa.” and inserting in lieu thereof “Sec. 3125. Returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia.” (d) Section 6205(a) of such Code (relating to adjustment of tax) 68A Stat. 768; 74 Stat. 940. 26 USC 6205. is amended by adding at the end thereof the following new paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be deemed a separate employer.” (e) Section 6413(a) of such Code (relating to adjustment of certain 68A Stat. 797; 74 Stat. 940. 26 USC 6413. employment taxes) is amended by adding at the end thereof the following paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes 74 Stat. 939. 26 USC 3125. 68A Stat. 797. 26 USC 6413. a return pursuant to section 3125 shall be deemed a separate employer.” (f) (1) Section 6413(c)(2) of such Code (relating to applicability of special refunds to certain employment taxes) is amended by adding at the end thereof the following new subparagraph: “(F) Governmental employees in the district of Columbia.— In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Commissioners of the District of Columbia and each agent designated by them who makes Ante, p. 389. a return pursuant to section 3125(c) shall, for purposes of this subsection, be deemed a separate employer.” (2) The heading of such section 6413(c)(2) is amended by striking out “and american samoa” and inserting in. lieu thereof “, american samoa, and the district of columbia”. (g) The amendments made by this section shall apply with respect to service performed after the calendar quarter in which this section is enacted and after the calendar quarter in which the Secretary of the Treasury receives a certification from the Commissioners of the District of Columbia expressing their desire to have the insurance system established by title II (and part A of title XVIII) of the Social 42 USC 401; Ante, p. 291. Security Act extended to the officers and employees coming under the provisions of such amendments. Sec. 318. coverage for certain additional hospital employees in california Section 102(k) of the Social Security Amendments of 1960 is amended by inserting “(1)” immediately after “(k)”, and by adding at the end thereof the following new paragraph: “(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after December 31, 1959, is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after January 1, 1962, and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by Post, pp. 395, 396. 68A Stat. 415. 26 USC 3101–3126. sections 3101 and 3111 of the Internal Revenue Code of 1954 if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph, been paid.” Sec. 319. tax exemption for religious groups opposed to insurance (a) Subsection (c) of section 1402 of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) the performance of service by an individual during the period for which an exemption under subsection (h) is effective with respect to him.” (b) Subsection (c) of section 211 of the Social Security Act is 64 Stat. 5O2. 42 USC 411. amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) The performance of service by an individual during the period for which an exemption under section 1402(h) of the Internal Revenue Code of 1954 is effective with respect to him.” (c) Section 1402 of the Internal Revenue Code of 1954 is further 68A Stat. 353. 26 USC 1402. amended by adding at the end thereof the following new subsection: “(h) Members of Certain Religious Faiths.— “(1) Exemption.— Any individual may file an application (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) for an exemption from the tax imposed by this chapter if he is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division by reason of which he is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act). Such exemption may be granted only if the application 49 Stat. 620. 42 USC 1305. contains or is accompanied by— “(A) such evidence of such individual’s membership in, and adherence to the tenets or teachings of, the sect or division thereof as the Secretary or his delegate may require for purposes of determining such individual’s compliance with the preceding sentence, and “(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis 42 USC 401; Ante, p. 291. of his wages and self-employment income as well as all such benefits and other payments to him on the basis of the wages and self-employment income of any other person, and only if the Secretary of Health, Education, and Welfare finds that— “(C) such sect or division thereof has the established tenets or teachings referred to in the preceding sentence, “(D) it is the practice, and has been for a period of time which he deems to be substantial, for members of such sect or division thereof to make provision for their dependent members which in his judgment is reasonable in view of their general level of living, and “(E) such sect or division thereof has been in existence at all times since December 31, 1950. An exemption may not be granted to any individual if any benefit or other payment referred to in subparagraph (B) became payable (or, but for section 203 or 222(b) of the Social Security Act, 53 Stat. 1367; 72 Stat. 1032. 42 USC 403, 422. would have become payable) at or before the time of the filing of such waiver. “(2) Time for filing application.— For purposes of this subsection, an application must be filed— “(A) In the case of an individual who has self-employment income (determined without regard to this subsection and subsection (c)(6)) for any taxable year ending before Ante, p. 390. December 31, 1965, on or before April 15, 1966, and “(B) In any other case, on or before the time prescribed for filing the return (including any extension thereof) for the first taxable year ending on or after December 31, 1965, for which he has self-employment income (as so determined). “(3) Period for which exemption effective.— An exemption granted to any individual pursuant to this subsection shall apply with respect to all taxable years beginning after December 31, 1950, except that such exemption shall not apply for any taxable year— “(A) beginning (i) before the taxable year in which such individual first met the requirements of the first sentence of paragraph (1), or (ii) before the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which such individual is a member met the requirements of subparagraphs (C) and (D), or “(B) ending (i) after the time such individual ceases to meet the requirements of the first sentence of paragraph (1), or (ii) after the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which he is a member ceases to meet the requirements of subparagraph (C) or (D). “(4) Application by fiduciaries or survivors.— In any case where an individual who has self-employment income dies before the expiration of the time prescribed by paragraph (2) for filing an application for exemption pursuant to this subsection, such an application may be filed with respect to such individual within such time by a fiduciary acting for such individual’s estate or by such individual’s survivor (within the meaning of section 205 64 Stat. 518. 42 USC 405. 64 Stat. 482; 70 Stat. 838. 42 USC 402. (c)(1)(C) of the Social Security Act).” (d) Section 202 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(v) “Waiver of Benefits Notwithstanding any other provisions of this title, in the case of any individual who files a waiver pursuant to section 1402(h) Ante, p. 391. of the Internal Revenue Code of 1954 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this title to him, no payments shall be made on his behalf under part A Ante, p. 291. of title XVIII, and no benefits or other payments under this title shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver; except that, if thereafter such individual’s tax exemption under such section 1402(h) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this title and part A of title XVIII to the extent, based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year.” (e) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1950. For such purpose, 68A Stat. 353. 26 USC 1401–1403. chapter 2 of the Internal Revenue Code of 1954 shall be treated as applying to all taxable years beginning after such date. (f) If refund or credit of any overpayment resulting from the enactment of this section is prevented on the date of the enactment of this Act or at any time on or before April 15, 1966, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed on or before April 15, 1966. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section. Sec. 320. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(3) of the Social Security Act 72 Stat. 1019. 42 USC 409. is amended by inserting “and prior to 1966” after “1958”, (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(4) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(C) of such Act is amended by inserting 42 USC 411. “and prior to 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(D) For any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking 72 Stat. 1019; 74 Stat. 949. 42 USC 413. out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965”. (4) Section 215(e)(1) of such Act is amended by striking out “and 42 USC 415. the excess over $4,800 in the case of any calendar year after 1958” and inserting in lieu thereof “the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965”. (b) (1) (A) Section 1402(b)(1)(C) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 26 USC 1402. by inserting “and before 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402(b)(1) of such Code is further amended by adding at the end thereof the following new subparagraph: “(D) for any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of 68A Stat. 417; 72 Stat. 1042. 26 USC 3121. wages) is amended by striking out “$4,800” each place it appears and inserting in lieu thereof “$6,600”. (3) The second sentence of section 3122 of such Code (relating to 26 USC 3122. Federal service) is amended by striking out “$4,800” and inserting in lieu thereof “$6,600”. (4) Section 3125 of such Code (relating to returns in the case of 74 Stat. 939. 26 USC 3125. governmental employees in Guam and American Samoa) is amended by striking out “$4,800” where it appears in subsections (a) and (b) and inserting in lieu thereof “$6,600”. (5) Section 6413(c)(1) of such Code (relating to special refunds 72 Stat. 1043. 26 USC 6413. of employment taxes) is amended— (A) by inserting “and prior to the calendar year 1966” after “the calendar year 1958”; (B) by inserting after “exceed $4,800,” the following: “or (C) during any calendar year after the calendar year 1965, the wages received by him during such year exceed $6,600”. (C) by inserting before the period at the end thereof the following: “and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $4,800 for any calendar year after 1958” and inserting in lieu thereof “$4,800 for the calendar year 1959, 1960, 1961, 1962, 1963, 1964, or 1965, or $6,600 for any calendar year after 1965”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1965. Sec. 321. changes in tax schedules (a) Section 1401 of the Internal Revenue Code of 1954 (relating to rate of tax under the Self-Employment Contributions Act) is amended to read as follows: “SEC. 1401. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1969, the tax shall be equal to 5.9 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1973, the tax shall be equal to 6.6 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 0.35 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1973, the tax shall be equal to 0.50 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax snail be equal to 0.55 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; and “(6) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year. For purposes of the tax imposed by this subsection, the exclusion of employee representatives by section 1402(c)(3) shall not apply.” 68A Stat. 355. 26 USC 1402. 75 Stat. 141. 26 USC 3101. (b) Section 3101 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3101. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment 68A Stat. 417. 26 USC 3121. (as defined in section 3121 (b))— “(1) with respect to wages received during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages received during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages received during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages received during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages received during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; and “(6) with respect to wages received after December 31, 1986, the rate shall be 0,80 percent.” (c) Section 3111 of the Internal Revenue Code of 1954 (relating to rate of tax on employers under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3111. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 68A Stat. 417. 26 USC 3121. the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages paid during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages paid during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 3121 (a)) paid by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages paid during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; “(6) with respect to wages paid after December 31, 1986, the rate shall be 0.80 percent.” (d) The amendments made by subsection (a) shall apply only with respect to taxable years beginning after December 31, 1965. The amendments made by subsections (b) and (c) shall apply only with respect to remuneration paid after December 31, 1965. Sec. 322. reimbursement of trust-funds for cost of noncontributory military service credits Section 217 (g) of the Social Security Act is amended to read as follows: “(g) (1) In September 1965, and in every fifth September thereafter up to and including September 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the July 1 following the determination in the case of all other such determinations, and ending with tie close of June 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of June 30, Ante, p. 299. 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social Security 42 USC 410. 64 Stat. 477. 42 USC 301 note. 70 Stat. 819. 42 USC 401. Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which such determination is made. “(2) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund— “(A) for the fiscal year ending June 30, 1966. an amount equal to the amount determined under paragraph (1) in September 1965, and “(B) for each fiscal year in the period beginning with July 1, 1966, and ending with the close of June 30, 2015, an amount equal to the annual installment for such fiscal year under the most recent determination under paragraph (1) which precedes such fiscal year. “(3) For the fiscal year ending June 30, 2016, there is authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund such sums as the Secretary determines would place toe Trust Funds and the Federal Hospital Insurance Trust Fund in the same position in which they would have been at the close of June 30, 2015, if section 210 of this Act as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted. “(4) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund annually, as benefits under this title and part A of title XVIII are paid after June 30, Ante, p. 291. 2015, such sums as the Secretary determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lump-sum death payments).” Sec. 323. adoption of child by retired worker (a) Section 202 (d) of the Social Security Act is amended— 72 Stat. 1022. 42 USC 402. (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: Ante, p. 370. “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social 72 Stat. 1022. 42 USC 402. Supra. Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted. Sec. 324. extension of period for filing proof of support and applications for lump-sum death payment (a) Section 202 (p) of the Social Security Act is amended to read as follows: “(p) “Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment In any case in which there is a failure— “(1) to file proof of support under subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(1), or subparagraph (B) of subsection (h)(1). or tinder clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the 64 Stat. 477. 42 USC 301 note. period prescribed by such subparagraph or clause, or “(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security 42 USC 402. Act Amendments of 1950, within the period prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary.” (b) The amendments made by this section shall be effective with respect to (1) applications for lump-sum death payments filed in or after the month in which this Act is enacted, and (2) monthly benefits based on applications filed in or after such month. Sec. 325. treatment of certain royalties for retirement test purposes (a) (1) Subparagraph (B) of section 203 (f)(5) of the Social Security Act is amended to read as follows: 74 Stat. 956. 42 USC 403. “(B) For purposes of this section— “(i) an individual’s net earnings from self-employment for any taxable year shall be determined as provided in section 42 USC 411. 211, except that paragraphs (1), (4), and (5) of section 211(c) shall not apply and the gross income shall be computed by excluding the amounts provided by subparagraph (D), and “(ii) an individual’s net loss from self-employment for any taxable year is the excess of the deductions (plus his distributive share of loss described in section 702(a)(9) of the Internal Revenue Code of 1954) taken into account under 68A Stat. 239. 26 USC 702. clause (i) over the gross income (plus his distributive share of income so described) taken into account under clause (i).” (2) Such section 203(f)(5) is further amended by adding at the end thereof the following new subparagraph: “(D) In the case of an individual— “(i) who has attained the age of 65 on or before the last day of the taxable year, and “(ii) who shows to the satisfaction of the Secretary that lie is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he attained the age of 65 and that the property to which the copyright or patent relates was created by his own personal efforts, there shall be excluded from gross income any such royalties.” (b) The amendments made by subsection (a) shall apply with respect to the computation of net earnings from self-employment and the net loss from self-employment for taxable years beginning after 1964. Sec. 326. amendments preserving relationship between railroad retirement and old-age, survivors, and disability insurance systems (a) Section l(q) of the Railroad Retirement Act of 1937 is amended by striking out “1961” and inserting in lieu thereof “1965”. (b) Section 5(1)(9) of such Act is amended by striking out “after 1958 is.less than $4,800” and inserting in lieu thereof the following: “after 1958 and before 1966 is less than $4,800 or for any calendar year after 1965 is less than $6,600”; and by striking out “and $4,800 for years after 1958”, and inserting in lieu thereof the following: “$4,800 for years after 1958 and before 1966, and $6,600 for years after 1965”. Sec. 327. technical amendment relating to meetings of board of trustees of the old-age, survivors, and disability insurance trust funds Section 201(c) of the Social Security Act is amended by striking out “six months” in the fourth sentence and inserting in lieu thereof “calendar year”. Sec. 328. applications for benefits (a) Section 202(j)(2) of the Social Security Act. is amended to read as follows: “(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a)(1)) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act, (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act before the 53 Stat. 1370. 42 USC 405. date of enactment of this Act. applications as to which there has been no final judicial decision before the date of enactment of this Act. Sec. 329. underpayments Section 204 of the Social Security Act is amended by 42 USC 404. adding at the end thereof the following new subsection: “(d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— “(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same .household with the deceased at the time of his death, or “(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual.” Sec. 330. payments to two or more individuals of the same family Section 205 (n) of the Social Security Act is amended to read as follows: “(n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month.” Sec. 331. validating certificates filed by ministers (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employment 68 Stat. 1088. 26 USC 1402. income in the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(5) Optional provision for certain certificates filed on or before April is, leer.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment income on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— “(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security 64 Stat. 158. 42 USC 405. Act) after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and “(B) a certificate filed after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205 (c)(1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— “(i) the tax under section 1401 in respect to all such individual’s self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967, and “(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section 68A Stat. 819. 26 USC 6611. 26 USC 6401. 6611) is repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph.” (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Revenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) for purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason or the filing of a certificate which is effective under section 1402(e)(5). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state- meats of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any 42 USC 401. prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this Act 74 Stat. 927; 75 Stat. 141. 26 USC 1402. shall be applicable with respect to any certificate filed pursuant thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.” Sec. 333. continuation of widow’s and widower’s insurance benefits after remarriage (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- Ante, pp. 373, 374. ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the Ante, p. 374. provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection Ante, p. 403. (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 72 Stat. 1017. 42 USC 403. 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not Ante, pp. 376, 403; Supra. entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 334. changes in definitions of wife, widow, husband, and widower (a) Section 216(b) of the Social Security Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) was entitled to, or upon appli-cation therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment or age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. 50 Stat. 312. 45 USC 228e. (b) Section 216(c) of such Act, as amended by section 306 of this Ante, p. 373. Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) she was entitled to, or upon application therefor and attainment or the required age (if any) would nave been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end or clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately lief ore the period at the end there or the following: “, or (C) he was entitled to, or on application therefor and attainment of tire required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (e) Section 202(c)(2) is amended by striking out “or” at the end 72 Stat. 1026; Ante, p. 372. 42 USC 402. of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (f) Section 202(f)(2) of such Act is amended by striking out “or” at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 335. reduction of benefits on receipt of workmen’s compensation Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled 70 Stat. 815. 42 USC 423. to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: “Sec. 224. “reduction of benefits based on disability on account of receipt of workmen’s compensation (a) If for any month prior to the month in which an individual attains the age of 62— “(1) such individual is entitled to benefits under section 223, and “(2) such individual is entitled for such month, under a workmen’s compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, 64 Stat. 482. 42 USC 402. the total of his benefits under section 223 for such month and of any benefits under section 202 for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of— “(3) such total of benefits under sections 223 and 202 for such month, and “(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen’s compensation law or plan, exceeds the higher of— “(5) 80 per centum of his ‘average current earnings’, or “(6) the total of such individual’s disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wages and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) induce such total below the sum of— “(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual’s wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and “(8) any increase in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual’s average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total or his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest. “(b) If any periodic benefit under a workmen’s compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). “(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions Ante, p. 363, 378. 70 Stat. 817. 42 USC 422. under such section and under section 222(b). “(d) The reduction of benefits required by this section shall not be made if the workmen’s compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. 70 Stat. 815. 42 USC 423. “(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen’s compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual’s wages and self-employment 64 Stat. 482. 42 USC 402. income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205 (i). 83 Stat. 1371. 42 USC 405. “(f) (1) In the second calendar year after the year in which reduction under this section in the total of an individual’s benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual’s wages and self-employment income. Such redetermined benefit, shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. “(2) In making the redetermination required by paragraph (1), the individual’s average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1. “(g) Whenever a reduction in the total of benefits for any month based on an individual’s wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit.” Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.” Sec. 337. teachers in the state of maine (a) Section 316 of the Social Security Amendments of 1958 72 Stat. 1040; 78 Stat. 240. 42 USC 418 note. is amended by striking out “July 1, 1965” and inserting in lieu thereof “July 1, 1967”. (b) The amendment made by this section shall be effective as of July 1, 1965. Sec. 338. modification of agreement with north dakota and iowa with respect to certain students Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota 64 Stat. 514. 42 USC 418. and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar qua it er in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Sec. 339. qualification of children not qualified under state law (a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following 42 USC 401. the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 340. disclosure, under certain circumstances, to courts and interested welfare agencies of whereabouts of individuals Section 1106 of the Social Security Act is amended by 64 Stat. 559. 42 USC 1306. adding at the end thereof the following new subsection: “(c) (1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, XIV, XVI, or XIX, or participating in the administration of any other State or 42 USC 301 et seq. local public assistance program, for the most recent address of any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary 53 Stat. 1368. 42 USC 405. shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— “(A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, “(B) such child or children are applicants for or recipients of assistance available under such a plan or program, “(C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and “(D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. “(2) A request under paragraph (1) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). “(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. “(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (b) shall apply also with respect to payment under this paragraph.” Sec. 341. additional period for filing ministers certificates (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 71 Stat. 521; 78 Stat. 1076. 26 USC 1402. ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “his second taxable year ending after 1962” and inserting in lieu thereof “his second taxable year ending after 1963”. (b) Section 1402(e)(3) of such Code (relating to effective date of 74 Stat. 926; 78 Stat. 1077. certificate) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years.” (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 26 USC 1402. (e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the 42 USC 401. Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. Sec. 342. rectifying error in interpreting law with respect to certain school employees in alaska For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. Sec. 343. continuation of child’s insurance benefits after adoption by brother or sister (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out “or uncle” and inserting in lieu thereof “uncle, brother, or sister”. (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child’s 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 344. disability insurance benefits for the blind; special provisions (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or “(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in paragraph (1)), not less than one-half (and not less than 6) oi the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.” (b) Section 223(c)(1) of such Act is amended by striking out subparagraph 70 Stat. 815. 42 USC 423. (B) and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or “(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 216(i)(1)), not less than one-half (and not 68 Stat. 1080. 42 USC 416. less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage.” (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence Ante, p. 367. at the end thereof: “No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self-employment Ante, pp. 370, 375, 397; 64 Stat. 482. 42 USC 402. income of such individual.” (d) The first sentence of section 223(c)(2) of such Act (as amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.” (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filed in or after the month in which this Act is enacted.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 308(c) · 79 Stat. 288
1. Added · 42 U.S.C. § 416(d)
  Pub. L. 89–97, § 308(c), added pars. (1), (2), and (4), defining “divorced wife”, “surviving divorced wife”, and “divorce” and “divorced”, and incorporated definition of “former wife divorced” in par. (3)
2. Inserted · 42 U.S.C. § 416(d)
  Pub. L. 89–97, § 308(c), inserting “who has died” after “individual”
3. Redesignated · 42 U.S.C. § 416(d)
  Pub. L. 89–97, § 308(c), redesignating cls. (1) to (4) as (A) to (D), respectively
Source evidence
Code amendment note
Subsec. (d). Pub. L. 89–97, § 308(c), added pars. (1), (2), and (4), defining “divorced wife”, “surviving divorced wife”, and “divorce” and “divorced”, and incorporated definition of “former wife divorced” in par. (3), inserting “who has died” after “individual” and redesignating cls. (1) to (4) as (A) to (D), respectively.
Enacted provision · exact public law section
(c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.”
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Inserted · 42 U.S.C. § 416(f)
  Pub. L. 89–97, §§ 306(c)(13), 334(c), inserted “(subject, however, to section 402(s) of this title)”
2. Added · 42 U.S.C. § 416(f)
  Pub. L. 89–97, §§ 306(c)(13), 334(c), added cl. (3)(C), respectively
Source evidence
Code amendment note
Subsec. (f). Pub. L. 89–97, §§ 306(c)(13), 334(c), inserted “(subject, however, to section 402(s) of this title)” and added cl. (3)(C), respectively.
Enacted provision · exact public law
TITLE III— SOCIAL SECURITY AMENDMENTS Sec. 300. short title This title may be cited as the “Old-Age, Survivors, and Old-Age, Survivors, and Disability Insurance Amendments of 1965. Disability Insurance Amendments of 1965”, Sec. 301. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended 72 Stat. 1014. 42 USC 415. by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— ..... $13.48 $40 .... $67 $44.00 $66.00 $13.49 14.00 41 $68 69 45.00 67.69 14,01 14.43 42 70 70 46,00 89.00 14.49 15.00 43 71 72 47.00 70.50 15.01 15,60 44 73 74 48.00 72.00 15.61 16.20 45 75 76 49.00 73.50 16.21 16,84 46 77 78 50.00 75.00 16.85 17.60 47 79 so 51.01 78.60 17.61 18,40 48 81 81 52.00 78.00 18.41 19.24 49 82 83 53.00 79.50 19.25 20.00 50 84 85 54.00 81.00 20.01 20.64 51 85 87 55.00 82.60 20.65 21.28 52 88 89 56.00 84.00 21.29 21.88 53 90 00 57.00 85.80 21.89 22.28 54 91 92 58.00 87.00 22.29 22.68 55 93 94 69.00 88.50 22.69 23.08 56 95 95 00.90 90.00 23.09 23.44 57 97 97 61.00 91.50 23.45 23.76 58 98 99 62.10 93.20 23.77 24.20 59 100 101 63.20 94.80 24.21 24.80 60 102 102 04.20 96.30 24.61 25.00 61 103 104 65.30 98.00 25.01 25.48 62 105 106 00,40 99.60 25.49 25.92 63 107 107 67.50 101.30 25.93 26.40 64 108 109 08.50 102.80 26.41 26.94 65 110 113 69.60 104.40 26.95 27.46 66 111 118 70.70 108.10 27.47 28.00 67 119 122 71.70 107.60 28 01 28.68 68 123 127 72.80 109.20 28.69 29.25 69 128 132 73.90 110.90 29.26 29.68 70 133 136 74.90 112.40 29.69 30.36 71 137 141 76.00 114.00 30.37 30.92 72 142 146 77.10 116.80 30.93 31.36 73 147 150 78.20 120.00 31.37 32.00 74 151 155 79.20 124.00 32.01 32.60 75 156 160 80.30 128.00 32.61 33.20 76 161 164 81.40 131.20 33.21 33.88 77 165 169 82.40 135.20 33,89 34.50 78 170 174 83.50 135.20 34.51 35.00 79 175 178 84.60 142,40 35.01 35.80 80 179 183 85.60 146.40 35.81 36,40 81 IM 188 86.70 150.40 36.41 37.08 82 189 193 87.80 154.40 3ZO9 37.60 83 194 197 88.90 157.60 37,61 38.20 84 198 202 89.90 161.60 38,21 39,12 85 203 207 91.00 165.60 39.13 39.68 86 208 211 92.10 168.80 39.69 40.33 87 212 216 93.10 172.80 40.34 41.12 88 217 221 94.20 176.80 41.13 41.76 89 222 225 95.30 180.00 41.77 42.44 90 226 230 96,30 184.00 42.45 43.20 91 231 235 97.40 188.00 “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— $43.21 $43.76 $92 $238 $239 $98.50 $191.20 43.77 44.44 93 240 244 99.60 195.20 44.45 41.88 94 246 249 100.60 199.20 44.89 45.60 95 250 253 101.70 202.40 96 254 258 102.80 206.40 97 259 263 103.80 210,40 98 204 267 104.90 213.60 99 268 272 100.00 217.60 100 273 277 107.00 221.60 101 278 281 108.00 224,80 102 282 286 109.20 223.80 103 287 291 110.30 232,80 104 292 293 111.30 236.00 105 290 300 112.40 240,00 106 301 305 113.50 244.00 107 306 309 114.50 247.20 108 310 314 115.60 251.20 109 315 319 116.70 255.20 110 320 323 117.70 258.40 111 324 323 118.80 262.40 112 329 333 113.90 266.40 113 334 337 121.00 269.60 114 338 342 122.00 273.60 115 343 347 123.10 277.60 118 348 351 124.20 280.00 117 352 356 125.20 284.80 118 357 361 126.30 288.80 119 362 365 127.40 292.00 120 366 370 128.40 296.00 121 371 375 129.50 298.00 122 376 379 130.50 299.60 123 380 384 131.70 301.00 124 385 389 132.70 303.00 125 390 393 133.80 305.20 126 394 398 134.90 307.20 127 399 403 135.90 309.20 404 407 137.00 310.80 408 412 138.00 312.80 413 417 139.00 314,80 418 421 14(100 316.40 422 426 14L00 318.40 427 431 142.00 320.40 432 436 143.00 322.40 437 440 144.00 32AM 441 445 145,00 320,00 446 450 146.00 328.00 461 454 147.00 329.60 455 450 148.00 331.60 460 464 149.00 333.60 465 468 150.00 335.20 469 473 151.00 337.20 474 478 152.00 339.20 479 482 153.00 340.80 483 487 154.00 342.80 488 492 155,00 344.80 493 496 156.00 346,40 497 501 157.00 348.40 602 506 156.00 350.40 507 510 159.00 352.00 511 516 160.00 354.00 516 520 161.00 356.00 521 524 162.00 357.60 525 529 163.00 359.60 530 534 164.00 361.60 535 638 165,00 363.20 539 543 166.00 365,20 544 548 167.00 387.20 549 550 168.00 368.00” (b) Section 215(c) of such Act is amended to read as follows: 72 Stat. 1016. 42 USC 415. “(c) “Primary Insurance Amount Under 1958 Act, as Modified (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount shall be computed as provided in, and subject to the limitations specified in, (A) this section as in effect prior to the enactment of the Social Security Amendments of 1965, and (B) the applicable provisions of the Social Security Amendments of 1960. 74 Stat. 924. 42 USC 301 note. “(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 of enactment of the Social 64 Stat. 482; 70 Stat. 815. 42 USC 402, 423. 72 Stat. 1017; Post, p. 378. 42 USC 403. Security Amendments of 1965 or who died before such date.” (c) Section 203(a) of such Act is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly benefits under section 202 or 223 for any month which begins after December 1964 and before the enactment of the Social Security Amendments of 1965, on the basis of the wages and self-employment income of such insured individual, such total of benefits for any month occurring after December 1964 shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) (i) with respect to the month in which such Amendments are enacted or any prior month, 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 of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), 70 Stat. 817; 75 Stat. 131. 42 USC 422, 402. as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965), for such month, by 107 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10, and “(ii) with respect to any month after the month in which such Amendments are enacted, 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 of section 222(b), section 202 (q), and subsections (b), (c), and (d) of this section), as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965) for the month of enactment, by 107 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 (B) of this paragraph, and (II) if section 202(k) 64 Stat. 487. 42 USC 402. (2)(A) was applicable in the case of any of such benefits for any such month beginning before the enactment of the Social Secu-rity Amendments of 1965, and ceases to apply 42 USC 402. after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which such section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for such month beginning prior to such enactment.” (d) The amendments made by subsections (a),(b), and (c) of this section shall apply with respect to monthly benefits under title II of the 42 USC 401. Social Security Act for months after December 1964 and with respect to lump-sum death payments under such title in the case of deaths occurring in or after the month in which this Act is enacted. (e) If an individual is entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1964 on the basis of an application filed after enactment of this Act and is entitled to 42 USC 402. old-age insurance benefits under section 202(a) of such Act for January 1965, then, for purposes of section 215(a)(4) of the Social Security 75 Stat. 135; Post, p. 370. 42 USC 415. Ante, p. 361. Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the June 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 his disability insurance benefit. Sec. 302. computation and recomputation of benefits (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Post, p. 365. Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is 74 Stat. 961. 42 USC 415. amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” 64 Stat. 508. after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended 68 Stat. 1066. to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), 64 Stat. 520. 42 USC 405. for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under 64 Stat. 482. 42 USC 402. section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit 42 USC 401. amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of 74 Stat. 963; 68 Stat. 1068. sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after 70 Stat. 815. 42 USC 423. December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed. Sec. 303. disability insurance benefits (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. (2) So much of section 223 (c)(2) of such Act as precedes the second 70 Stat. 815; Post, p. 413. 42 USC 423. sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out 72 Stat. 1021; Post, p. 412. “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended 42 USC 423. Poatt p. 413. by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out 72 Stat. 1020. 42 USC 423. “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended 64 Stat. 487. 42 USC 402. by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the 75 Stat. 135; Post, p. 370. 42 USC 415. amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions Ante, p. 367. of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance 70 Stat. 815. 42 USC 423. benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 53 Stat. 1370. 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for 42 USC 401. monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. Sec. 304. payment of disability insurance benefits after entitlement to other monthly insurance benefits (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following Post, p. 374. new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 305. disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended by inserting “and before January 1, 1966,” after “December 31, 1956,”, and by inserting after “1954,” the following: “and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,”. (b) Section 201(b)(2) of such Act is amended by inserting after “December 31, 1956,” the following: “and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,”. Sec. 306. payment of child’s insurance benefits after attainment of age 18 in case of child attending school (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as 70 Stat. 815. Ante, p. 367. defined in section 223(c)) which began before he attained the age of 18, and”. (b) (1) So much of the first sentence of section 202(d)(1) of such 72 Stat. 1022; Post, p. 307. 42 USC 402. Act as follows subparagraph (C) is amended to read as follows: “shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time “Full-time student”. attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “(a) “Child Aged 18 or Over Attending School (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 42 USC 403. 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as Ante, p. 367. 42 USC 423. defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection 74 Stat. 954, 955; Post, p. 373. 42 USC 403. 72 Stat. 1026–1028. 42 USC 416. (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject 64 Stat. 486; Post, p. 378. 42 USC 402. to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows 72 Stat. 1032. subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of 42 USC 403. such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. Ante, p. 372. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act Past, pp. 404, 405. 42 USC 416. are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— 64 Stat. 482. 42 USC 402. (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section. Ante, p. 370. Sec. 307. reduced benefits for widows at age 60 (a) (1) Paragraph (1)(B) of section 202(e) of the Social Security Act (as amended by section 308(b) of this Act) is amended Post, p. 376. by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Paragraph (2) of such section (as so amended) is amended by striking put “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (b) (1) Paragraph (1) of section 202(g) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, or widow’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(a) 5/9 of 1 percent of such amount if such benefit is an old-age or widow’s insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (2) Paragraph (3)(A)(os renumbered by section 304(c) of this Act) of such section is amended— (A) by striking out “wife’s or husband’s insurance benefit” each place it appears and inserting in lieu thereof “wife’s, husband’s, or widow’s insurance benefit”; and (B) by striking out “age 62” and inserting in lieu thereof “age 62 (in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)”. (3) Paragraph (3)(D)(as so renumbered) of such section is amended by striking out “wife’s or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”. (4) Paragraph (3)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger: “(i) the amount by which (but for this subparagraph) such old-age insurance benefit would have been reduced under paragraph (1), “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection).” (5) Paragraph (5)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(D) No widow’s insurance benefit for a month in which she has in her care a child of her deceased husband (or deceased former husband) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which she would have been entitled had she been entitled for such month to mother’s insurance benefits on the basis of her deceased husband’s (or deceased former husband’s) wages and self-employment income.” (6) Paragraph (6)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; (B) by striking out “or husband’s” in subparagraph (A)(i) and inserting in lieu thereof “, husband’s, or widow’s”; and (C) by striking out “age 65” in subparagraph (B) and inserting in lieu thereof “retirement age”. (7) Paragraph (7)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; and (B) by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a comma, and by adding at the end thereof the following new subparagraphs: “(D) in the case of widow’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D), “(E) in the case of widow’s insurance benefits, any month before the month in which she attained retirement age for which she was not entitled to such benefit because of the occurrence of an event that terminated her entitlement to such benefits, and”. (8) Section 202(a) of such Act (as amended by section 304(c) of this Act) is further amended by adding at the end thereof the Ante, p. 368. following new paragraph: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65 with respect to an old-age, wife’s, or husband’s insurance benefit and age 62 with respect to a widow’s insurance benefit.” (c) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for and after the second month following the month in which this 64 Stat. 482. 42 USC 402. Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 308. wife’s and widow’s benefits for divorced women (a) Section 202 (b) of the Social Security Act is amended to read as follows: “(b) “Wife’s Insurance Benefits (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age Post, p. 377. 42 USC 416. or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she 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 “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. 42 USC 402. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out 41 USC 403. “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out 42 USC 405. “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. Repeal. 42 USC 402. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month 42 USC 401. following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 309. transitional insured status (a) Title II of the Social Security Act is further amended by adding at the end thereof (after the new section 226 added by section 101 of this Act) the following new section: Ante, p. 290. “Sec. 227. “transitional insured status (a) In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 214(a), the 6 quarters of coverage referred to in so much of 75 Stat. 137. 42 USC 414. paragraph (1) of section 214(a) as follows clause (C) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 202(a), and of his wife 42 USC 402. to benefits under section 202(b), but, in the case of such wife, only if. Ante, p. 375. she attains the age of 72 before 1969 and only with respect to wife’s insurance benefits under section 202(b) for and after the month in which she attains such age. For each month before the month in which any such individual meets the requirements of section 214(a), the amount of his old-age insurance benefit shall, notwithstanding the provisions of section 202(a), be $35 and the amount of the wife’s insurance benefit of his wife shall, notwithstanding the provisions of section 202(b), be $17.50. “(b) In the case of any individual who has died, who does not meet the requirements of section 214(a), and whose widow attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 214(a) and in so much of paragraph (1) thereof as follows clause (C) shall, for purposes of determining her entitle- Ante, pp. 376, 377. 42 USC 402. ment to widow’s insurance benefits under section 202 (e), instead be— “(1) 3 quarters of coverage if such widow attains the age of 72 in or before 1966, “(2) 4 quarters of coverage if such widow attains the age of 72 in 1967, or “(3) 5 quarters of coverage if such widow attains the age of 72 in 1968. The amount of her widow’s insurance benefit for each month shall, notwithstanding the provisions of section 202(e)(and section 202 68 Stat. 1073. 42 USC 402. (m)), be $35. “(c) In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 202(a) by reason of the application of subsection (a) of this section, who dies, and whose widow attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such widow to widow’s insurance benefits under section 202(e).” (b) The amendment made by subsection (a) shall apply in the case of monthly benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted. Sec. 310. increase in amount an individual is permitted to earn without suffering full deductions from benefits (a) (1) Paragraphs (1), (3), and (4)(B) of subsection 42 USC 403. (f) of section 203 of the Social Security Act are each amended by striking out “$100” wherever it appears therein and inserting in lieu thereof “$125”. (2) The first sentence of paragraph (3) of such subsection (f) is amended by striking out “$500” each place it appears therein and inserting in lieu thereof “$1,200”. (3) Paragraph (1)(A) of subsection (h) of section 203 of such Act is amended by striking out “$100” and inserting in lieu thereof “$125”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 31, 1965. Sec. 311. coverage for doctors of medicine (a) (1) Section 211(c)(5) of the Social Security Act is amended to read as follows: “(5) The performance of service by an individual in the exercise of bis profession as a Christian Science practitioner.” (2) Section 211 (c) of such Act is further amended by striking out the last two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by Post, p. 381. him under section 1402(e) of the Internal Revenue Code of 1954 is in effect.” (3) Section 210(a)(6)(C)(iv) of such Act is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (4) Section 210(a)(13) of such Act is amended by striking out all 64 Stat. 497; 68 Stat. 1052. 42 USC 410. 70 Stat. 841. 26 USC 1402. that follows the first semicolon. (b) (1) Section 1402(c)(5) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: “(5) the performance of service by an individual in the exercise of his profession as a Christian Science practitioner.” (2) Section 1402(c) of such Code is further amended by striking 68 Stat. 1088. out the last.two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by him under subsection (e) is in effect.” (3) (A) Section 1402(e)(1) of such Code (relating to filing of waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “extended to service” and all that follows and inserting in lieu thereof “extended to service described in subsection (c)(4) or (c)(5) performed by him.” (B) Clause (A) of section 1402(e)(2) of such Code (relating to time for filing waiver certificate) is amended to read as follows: “(A) the due date of the return (including any extension thereof) for his second taxable year ending after 1954 for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or . (4) Section 3121(b)(6)(C)(iv) of such Code (relating to definition 68 Stat. 1092. 26 USC 3121. of employment) is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (5) Section 3121 (b)(13) of such Code is amended by striking out 68A Stat. 422; 68 Stat. 1091. all that follows the first semicolon. (c) The amendments made by paragraphs (1) and (2) of subsection (a), and by paragraphs (1). (2), and (3) of subsection (b), shall apply only with respect to taxable years ending on or after December 31, 1965. The amendments made by paragraphs (3) and (4) of subsection (a), and by paragraphs (4) and (5) of subsection (b), shall apply only with respect to services performed after 1965. Sec. 312. gross income of farmers (a) The second sentence following paragraph (8) in section 211(a) of the Social Security Act is amended by striking out 43 USC 411. “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,000” each place it appears and inserting in lieu thereof “$1,600”. (b) The second sentence following paragraph (9) in section 1402(a) of the Internal Revenue Code of 1954 (relating to net earnings from self-employment) is amended by striking out “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,200” each place it appears and inserting in lieu thereof “$1,600”. (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1965. Sec. 313. coverage of tips (a) (1) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (j), by striking out the period at the end of subsection (k) and inserting in lieu thereof “; or”, and by adding immediately after subsection (k) the following new subsection: “(l) (1) Tips paid in any medium other than cash; “(2) Cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (2) Section 209 of such Act is-further amended by adding at the end thereof the following new paragraph: “For purposes of this title, tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code Post, p. 384. of 1954 or (if no statement including such tips is so furnished) at the time received.” (b) Section 451 of the Internal Revenue Code of 1954 (relating to general rule for taxable year of inclusion) is amended by adding at the end thereof the following new subsection: “(c) Special Rum for Employee Tips.— For purposes of subsection (a), tips included in a written statement furnished an employer by an employee pursuant to section 6053(a) shall be deemed to be received at the time the written statement including such tips is furnished to the employer.” (c) (1) Section 3102 of such Code (relating to deduction of tax from wages) is amended by adding at the end thereof the following new subsection: “(c) Special Rule for Tips.— “(1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. “(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. “(3) The Secretary or his delegate may, under regulations prescribed by him. authorize employers— “(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter of the calendar year, “(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such quarter as if the tips so estimated constituted the actual tips so reported, and “(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. Post, p. 395. “(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.” (2) The second sentence of section 3102 (a) of such Code is amended 68A Stat. 415; 68 Stat. 1093. 26 USC 3102. by inserting before the period at the end thereof the following: “; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to Post, p. 384. 26 USC 3121. which paragraph (12)(B) of section 3121 (a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20”. (3) Section 3121(a) of such Code (relating to definition of wages under the Federal Insurance Contributions Act) is amended by striking out “or” at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; or ”, and by adding after paragraph (11) the following new paragraph: “(12) (A) tips paid in any medium other than cash; “(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (4) Section 3121 of such Code is further amended by adding at the end thereof the following new subsection: “(q) Tips Included for Employee Taxes.— For purposes of this chapter other than for purposes of the taxes imposed by section 3111, Post, p. 396. tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (d) (1) Section 3401 of such Code (relating to definitions for purposes 68A Stat. 455. 26 USC 3401. of collecting income tax at source on wages) is amended by adding at the end thereof the following new subsection: “(f) Tips.— For purposes of subsection (a), the term ‘wages’ “Wages.” includes tips received by an employee in the course of his employment. Such wages shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (2) Section 3401(a) of such Code (relating to definition of wages for purposes of collecting income tax at source) is amended by striking out “r” at the end of paragraph (6) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; or”, and by adding after paragraph (15) the following new paragraph: “(16) (A) as tips in any medium other than cash; “(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (3) Subsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by striking out “subsection (j)” and inserting in lieu thereof “subsections (j) and (k)”. (4) Section 3402(h)(3) of such Code (relating to income tax withholding on basis of average wages) is amended by inserting after “quarter” the first place it appears the following: “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)”. (5) Section 3402 of such Code is further amended by adding at the end thereof the following new subsection: “(k) Tips.— In the case of tips which constitute wages, subsection Infra. (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (16)(B) of section 3401(a) is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20. Such tax shall not at any time be deducted and withheld in an amount which exceeds the aggregate of such wages and funds (including funds Ante, p. 382. Ante, p. 383. 68A Stat. 747. 26 USC 6051. turned over under section 3102(c)(2)) minus any tax required by section 3102(a) to be collected from such wages and funds.” (e) (1) Section 6051(a) of such Code (relating to receipts for employees) is amended by adding at the end thereof the following new sentence: “In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).” (2) (A) Subpart C of part III of subchapter A of chapter 61 of such Code (relating to information regarding wages paid employees) is amended by adding at the end thereof the following new section: “SEC. 6053. REPORTING OF TIPS. “(a) Reports by Employees.— Every employee who, in the course of his employment by an employer, receives in any calendar month tips 26 USC 3121, 3401. which are wages (as defined in section 3121(a) or section 3401(a)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary or his delegate. “(b) Statements Furnished by Employers.— If the tax imposed by section 3101 with respect to tips reported by an employee pursuant Post, p. 395. to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102, the employer shall furnish to the employee 26 USC 3102. a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary or his delegate may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary or his delegate.” (B) Section 6652(b) of such Code (relating to failure to file information 76 Stat. 1057. 26 USC 6652. returns) is amended by inserting after “income tax withheld) the following: “and in the case of each failure to furnish a statement required by section 6053(b)(relating to statements furnished by employers Supra. with respect to tips),”. (C) Section 6674 of such Code (relating to fraudulent statement or 68A Stat. 828. 26 USC 6674. failure to furnish statement to employee) is amended by striking out “6051” each place it appears and inserting in lieu thereof “6051 or 68A Stat. 747. 26 USC 6051. 6053(b)”. (D) The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 6053. Reporting of tips.” (3) Section 6652 of such Code (relating to failure to file certain information returns) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Failure To Report Tips.— In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)), unless Ante, p. 384. 26 USC 3121. it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 with respect to the amount of tips which Post, p. 395. he so failed to report, an amount equal to 50 percent of such tax,” (f) The amendments made by this section shall apply only with respect to tips received by employees after 1965. Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418. Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”. Sec. 316. employees of nonprofit organizations (a) (1) Section 3121(k)(1)(B)(iii) of the Internal Revenue 72 Stat. 1044. 26 USC 3121. Code of 1954 (relating to effective date of exemption of religious, charitable, and certain other organizations) is amended to read as follows: “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed.” (2) The amendment made by paragraph (1) shall apply in the case of any certificate filed under section 3121 (k)(1)(A) of such Code after the date of the enactment of this Act. (b) Section 3121 (k)(1) of such Code (relating to waiver of exemption by religious, charitable, and certain other organizations) is further amended by adding at the end thereof the following new subparagraph: “(H) An organization which files a certificate under subparagraph (A) before 1966 may amend such certificate during 1965 or 1966 to make the certificate effective with the first day of any calendar quarter preceding the quarter for which such certificate originally became effective, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is so amended. If an organization amends its certificate pursuant to the preceding sentence, such amendment shall b effective with respect to the service of individuals who concurred in the filing of such certificate (initially or through the filing of a supplemental list) and who concur in the filing of such amendment. An amendment to a certificate filed pursuant to this subparagraph shall be filed with such official and in such form and manner as may be prescribed by regulations made under this chapter. If an amendment is filed pursuant to this subparagraph— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file tax return), the due date for the return and payment of the tax for any calendar quarter resulting from the filing of such an amendment shall be the last day of the calendar month following the calendar quarter in which the amendment is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of three year’s from such due date.” (c) (1) Section 105(b) of the Social Security Amendments of 1960 is amended to read as follows: “(b) (1) If— “(A) an individual performed service in the employ of an organization with respect to which remuneration was paid before the first day of the calendar quarter in which the organization filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code of 1954, and such service is excepted from employment under section 210(a) 72 Stat. 1035. 42 USC 410. (8)(B) of the Social Security Act, “(B) such service would have constituted employment as defined in section 210 of such Act if the requirements of section 3121(k)(1) of such Code were satisfied, “(C) such organization paid, on or before the due date of the tax return for the calendar quarter before the calendar quarter in which the organization filed a certificate pursuant to section 3121(k)(1) of such Code, any amount, as taxes 72 Stat. 1044. 26 USC 3121. Post, pp. 395, 396. imposed by sections 3101 and 3111 of such Code, with respect to such remuneration paid by the organization to the individual for such service, “(D) such individual, or a fiduciary acting for such individual or his estate, or his survivor (within the meaning of section 205(c)(1)(C) of such Act), requests that such 64 Stat. 518; Ante, p. 379. remuneration be deemed to constitute remuneration for employment for purposes of title II of such Act, and 42 USC 401. “(E) the request is made in such form and manner, and with such official, as may be prescribed by regulations made by the Secretary of Health, Education, and Welfare, then, subject to the conditions stated in paragraphs (2), (3), (4), and (5), the remuneration with respect to which the amount has been paid as taxes shall be deemed to constitute remuneration for employment for purposes of title II of such Act. “(2) Paragraph (1) shall not apply with respect to an individual unless the organization referred to in paragraph (1)(A), on or before the date on which the request described in paragraph (1) is made, has filed a certificate pursuant to section 3121(k)(1) of such Code. “(3) Paragraph (1) shall not apply with respect to an individual who is employed by the organization referred to in paragraph (2) on the date the certificate is filed. “(4) If credit or refund of any portion of the amount referred to in paragraph (1)(C)(other than a credit or refund which would be allowed if the service constituted employment for purposes of chapter 21 of such Code) has been obtained, paragraph (1) shall 68A Stat. 415. 26 USC 3101–3126. 68A Stat. 819. 26 USC 6611. not apply with respect to the individual unless the amount credited or refunded (including any interest under section 6611 of such Code) is repaid before January 1, 1968, or, if later, the first day of the third year after the year in which the organization filed a certificate pursuant to section 3121 (k)(1) of such Code. “(5) Paragraph (1) shall not apply to any service performed for the organization in a period for winch a certificate filed pursuant to section 3121 (k)(1) of such Code is not in effect.” (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. The provisions of section 105(b) of the Social Security Amendments of 1960 which were in 74 Stat. 943. 26 USC 3121 note. effect before the date of the enactment of this Act shall be applicable with respect to any request filed under section 105(b)(1) of such Amendments before such date. Nothing in the preceding sentence shall prevent the filing of a request under section 105(b)(1) of such Amendments as amended by this Act. (d) If— (1) an individual performed service with respect to which remuneration was paid before the date of enactment of this Act by an organization which, before, such date, filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code, (2) such service is excluded from employment under title II of the Social Security Act but would not be excluded therefrom if the requirements of such section 3121 (k)(1) had been met with respect to such service, (3) such service was performed during the period such certificate was in effect, and (4) such individual was listed pursuant to such section 3121 72 Stat. 1044. 26 USC 3121. (k)(1) at any time during such period and before the date of enactment of this Act as an employee who concurred in the filing of such certificate or such individual filed a request for coverage pursuant to section 105(b) of the Social Security Amendments of 74 Stat. 943. 26 USC 3121 note. 1960, as in effect prior to the enactment of this Act (but such listing or request was not effective with respect to the service described above), then, subject to the conditions stated in subparagraphs (B), (C), (D), and (E) of paragraph (1), and paragraph (4), of section 105(b) of the Social Security Amendments of 1960, as amended by this section, the remuneration of such individual which was paid with respect to such excluded service shall be deemed to constitute remuneration for 42 USC 401. employment for purposes of such title II; except that, for purposes of this subsection, in applying subparagraph (C) of paragraph (1) of such section 105(b) the date of enactment of this Act shall be considered to be the date on which the organization filed its certificate under section 3121(k)(1) and any reference, in paragraph (4) of such section, to such paragraph (1) shall be considered a reference to the preceding provisions of this subsection. Sec. 317. coverage of temporary employees of the district of columbia (a) Section 210(a)(7) of the Social Security Act is amended— (1) by striking out “or” at the end of subparagraph (B), (2) by striking out the semicolon at the end of subparagraph (C)(ii) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (C) the following new subparagraph: “(D) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 61 Stat. 727; 63 Stat. 972. 1052), other than as a medical or dental intern or as a medical or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 (relating to certain services not included in definition of employment) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the semicolon at the end of subparagraph (B) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (B) the following new subparagraph: “(C) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 1052), other than as a medical or dental intern or as a medical 61 Stat. 727; 63 Stat. 972. or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (c) (1) Section 3125 of such Code (relating to returns in the case 74 Stat. 939. 26 USC 3125. of governmental employees in Guam and American Samoa) is amended by adding at the end thereof the following new subsection: “(c) District of Columbia.— In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Commissioners of the District of Columbia or by such agents as they may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the Post, p. 396. Post p. 393. $6,600 limitation in section 3121(a)(1).” (2) The heading of such section 3125 is amended by striking out “AND AMERICAN SAMOA” and inserting in lieu thereof “, AMERICAN SAMOA AND THE DISTRICT OF COLUMBIA” (3) The table of sections for subchapter C of chapter 21 of such Code (relating to general provisions for Federal Insurance Contributions Act) is amended by striking out “Sec. 3125. Returns in the ease of governmental employees in Guam and American Samoa.” and inserting in lieu thereof “Sec. 3125. Returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia.” (d) Section 6205(a) of such Code (relating to adjustment of tax) 68A Stat. 768; 74 Stat. 940. 26 USC 6205. is amended by adding at the end thereof the following new paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be deemed a separate employer.” (e) Section 6413(a) of such Code (relating to adjustment of certain 68A Stat. 797; 74 Stat. 940. 26 USC 6413. employment taxes) is amended by adding at the end thereof the following paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes 74 Stat. 939. 26 USC 3125. 68A Stat. 797. 26 USC 6413. a return pursuant to section 3125 shall be deemed a separate employer.” (f) (1) Section 6413(c)(2) of such Code (relating to applicability of special refunds to certain employment taxes) is amended by adding at the end thereof the following new subparagraph: “(F) Governmental employees in the district of Columbia.— In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Commissioners of the District of Columbia and each agent designated by them who makes Ante, p. 389. a return pursuant to section 3125(c) shall, for purposes of this subsection, be deemed a separate employer.” (2) The heading of such section 6413(c)(2) is amended by striking out “and american samoa” and inserting in. lieu thereof “, american samoa, and the district of columbia”. (g) The amendments made by this section shall apply with respect to service performed after the calendar quarter in which this section is enacted and after the calendar quarter in which the Secretary of the Treasury receives a certification from the Commissioners of the District of Columbia expressing their desire to have the insurance system established by title II (and part A of title XVIII) of the Social 42 USC 401; Ante, p. 291. Security Act extended to the officers and employees coming under the provisions of such amendments. Sec. 318. coverage for certain additional hospital employees in california Section 102(k) of the Social Security Amendments of 1960 is amended by inserting “(1)” immediately after “(k)”, and by adding at the end thereof the following new paragraph: “(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after December 31, 1959, is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after January 1, 1962, and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by Post, pp. 395, 396. 68A Stat. 415. 26 USC 3101–3126. sections 3101 and 3111 of the Internal Revenue Code of 1954 if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph, been paid.” Sec. 319. tax exemption for religious groups opposed to insurance (a) Subsection (c) of section 1402 of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) the performance of service by an individual during the period for which an exemption under subsection (h) is effective with respect to him.” (b) Subsection (c) of section 211 of the Social Security Act is 64 Stat. 5O2. 42 USC 411. amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) The performance of service by an individual during the period for which an exemption under section 1402(h) of the Internal Revenue Code of 1954 is effective with respect to him.” (c) Section 1402 of the Internal Revenue Code of 1954 is further 68A Stat. 353. 26 USC 1402. amended by adding at the end thereof the following new subsection: “(h) Members of Certain Religious Faiths.— “(1) Exemption.— Any individual may file an application (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) for an exemption from the tax imposed by this chapter if he is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division by reason of which he is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act). Such exemption may be granted only if the application 49 Stat. 620. 42 USC 1305. contains or is accompanied by— “(A) such evidence of such individual’s membership in, and adherence to the tenets or teachings of, the sect or division thereof as the Secretary or his delegate may require for purposes of determining such individual’s compliance with the preceding sentence, and “(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis 42 USC 401; Ante, p. 291. of his wages and self-employment income as well as all such benefits and other payments to him on the basis of the wages and self-employment income of any other person, and only if the Secretary of Health, Education, and Welfare finds that— “(C) such sect or division thereof has the established tenets or teachings referred to in the preceding sentence, “(D) it is the practice, and has been for a period of time which he deems to be substantial, for members of such sect or division thereof to make provision for their dependent members which in his judgment is reasonable in view of their general level of living, and “(E) such sect or division thereof has been in existence at all times since December 31, 1950. An exemption may not be granted to any individual if any benefit or other payment referred to in subparagraph (B) became payable (or, but for section 203 or 222(b) of the Social Security Act, 53 Stat. 1367; 72 Stat. 1032. 42 USC 403, 422. would have become payable) at or before the time of the filing of such waiver. “(2) Time for filing application.— For purposes of this subsection, an application must be filed— “(A) In the case of an individual who has self-employment income (determined without regard to this subsection and subsection (c)(6)) for any taxable year ending before Ante, p. 390. December 31, 1965, on or before April 15, 1966, and “(B) In any other case, on or before the time prescribed for filing the return (including any extension thereof) for the first taxable year ending on or after December 31, 1965, for which he has self-employment income (as so determined). “(3) Period for which exemption effective.— An exemption granted to any individual pursuant to this subsection shall apply with respect to all taxable years beginning after December 31, 1950, except that such exemption shall not apply for any taxable year— “(A) beginning (i) before the taxable year in which such individual first met the requirements of the first sentence of paragraph (1), or (ii) before the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which such individual is a member met the requirements of subparagraphs (C) and (D), or “(B) ending (i) after the time such individual ceases to meet the requirements of the first sentence of paragraph (1), or (ii) after the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which he is a member ceases to meet the requirements of subparagraph (C) or (D). “(4) Application by fiduciaries or survivors.— In any case where an individual who has self-employment income dies before the expiration of the time prescribed by paragraph (2) for filing an application for exemption pursuant to this subsection, such an application may be filed with respect to such individual within such time by a fiduciary acting for such individual’s estate or by such individual’s survivor (within the meaning of section 205 64 Stat. 518. 42 USC 405. 64 Stat. 482; 70 Stat. 838. 42 USC 402. (c)(1)(C) of the Social Security Act).” (d) Section 202 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(v) “Waiver of Benefits Notwithstanding any other provisions of this title, in the case of any individual who files a waiver pursuant to section 1402(h) Ante, p. 391. of the Internal Revenue Code of 1954 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this title to him, no payments shall be made on his behalf under part A Ante, p. 291. of title XVIII, and no benefits or other payments under this title shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver; except that, if thereafter such individual’s tax exemption under such section 1402(h) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this title and part A of title XVIII to the extent, based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year.” (e) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1950. For such purpose, 68A Stat. 353. 26 USC 1401–1403. chapter 2 of the Internal Revenue Code of 1954 shall be treated as applying to all taxable years beginning after such date. (f) If refund or credit of any overpayment resulting from the enactment of this section is prevented on the date of the enactment of this Act or at any time on or before April 15, 1966, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed on or before April 15, 1966. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section. Sec. 320. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(3) of the Social Security Act 72 Stat. 1019. 42 USC 409. is amended by inserting “and prior to 1966” after “1958”, (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(4) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(C) of such Act is amended by inserting 42 USC 411. “and prior to 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(D) For any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking 72 Stat. 1019; 74 Stat. 949. 42 USC 413. out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965”. (4) Section 215(e)(1) of such Act is amended by striking out “and 42 USC 415. the excess over $4,800 in the case of any calendar year after 1958” and inserting in lieu thereof “the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965”. (b) (1) (A) Section 1402(b)(1)(C) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 26 USC 1402. by inserting “and before 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402(b)(1) of such Code is further amended by adding at the end thereof the following new subparagraph: “(D) for any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of 68A Stat. 417; 72 Stat. 1042. 26 USC 3121. wages) is amended by striking out “$4,800” each place it appears and inserting in lieu thereof “$6,600”. (3) The second sentence of section 3122 of such Code (relating to 26 USC 3122. Federal service) is amended by striking out “$4,800” and inserting in lieu thereof “$6,600”. (4) Section 3125 of such Code (relating to returns in the case of 74 Stat. 939. 26 USC 3125. governmental employees in Guam and American Samoa) is amended by striking out “$4,800” where it appears in subsections (a) and (b) and inserting in lieu thereof “$6,600”. (5) Section 6413(c)(1) of such Code (relating to special refunds 72 Stat. 1043. 26 USC 6413. of employment taxes) is amended— (A) by inserting “and prior to the calendar year 1966” after “the calendar year 1958”; (B) by inserting after “exceed $4,800,” the following: “or (C) during any calendar year after the calendar year 1965, the wages received by him during such year exceed $6,600”. (C) by inserting before the period at the end thereof the following: “and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $4,800 for any calendar year after 1958” and inserting in lieu thereof “$4,800 for the calendar year 1959, 1960, 1961, 1962, 1963, 1964, or 1965, or $6,600 for any calendar year after 1965”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1965. Sec. 321. changes in tax schedules (a) Section 1401 of the Internal Revenue Code of 1954 (relating to rate of tax under the Self-Employment Contributions Act) is amended to read as follows: “SEC. 1401. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1969, the tax shall be equal to 5.9 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1973, the tax shall be equal to 6.6 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 0.35 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1973, the tax shall be equal to 0.50 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax snail be equal to 0.55 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; and “(6) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year. For purposes of the tax imposed by this subsection, the exclusion of employee representatives by section 1402(c)(3) shall not apply.” 68A Stat. 355. 26 USC 1402. 75 Stat. 141. 26 USC 3101. (b) Section 3101 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3101. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment 68A Stat. 417. 26 USC 3121. (as defined in section 3121 (b))— “(1) with respect to wages received during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages received during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages received during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages received during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages received during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; and “(6) with respect to wages received after December 31, 1986, the rate shall be 0,80 percent.” (c) Section 3111 of the Internal Revenue Code of 1954 (relating to rate of tax on employers under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3111. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 68A Stat. 417. 26 USC 3121. the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages paid during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages paid during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 3121 (a)) paid by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages paid during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; “(6) with respect to wages paid after December 31, 1986, the rate shall be 0.80 percent.” (d) The amendments made by subsection (a) shall apply only with respect to taxable years beginning after December 31, 1965. The amendments made by subsections (b) and (c) shall apply only with respect to remuneration paid after December 31, 1965. Sec. 322. reimbursement of trust-funds for cost of noncontributory military service credits Section 217 (g) of the Social Security Act is amended to read as follows: “(g) (1) In September 1965, and in every fifth September thereafter up to and including September 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the July 1 following the determination in the case of all other such determinations, and ending with tie close of June 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of June 30, Ante, p. 299. 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social Security 42 USC 410. 64 Stat. 477. 42 USC 301 note. 70 Stat. 819. 42 USC 401. Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which such determination is made. “(2) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund— “(A) for the fiscal year ending June 30, 1966. an amount equal to the amount determined under paragraph (1) in September 1965, and “(B) for each fiscal year in the period beginning with July 1, 1966, and ending with the close of June 30, 2015, an amount equal to the annual installment for such fiscal year under the most recent determination under paragraph (1) which precedes such fiscal year. “(3) For the fiscal year ending June 30, 2016, there is authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund such sums as the Secretary determines would place toe Trust Funds and the Federal Hospital Insurance Trust Fund in the same position in which they would have been at the close of June 30, 2015, if section 210 of this Act as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted. “(4) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund annually, as benefits under this title and part A of title XVIII are paid after June 30, Ante, p. 291. 2015, such sums as the Secretary determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lump-sum death payments).” Sec. 323. adoption of child by retired worker (a) Section 202 (d) of the Social Security Act is amended— 72 Stat. 1022. 42 USC 402. (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: Ante, p. 370. “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social 72 Stat. 1022. 42 USC 402. Supra. Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted. Sec. 324. extension of period for filing proof of support and applications for lump-sum death payment (a) Section 202 (p) of the Social Security Act is amended to read as follows: “(p) “Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment In any case in which there is a failure— “(1) to file proof of support under subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(1), or subparagraph (B) of subsection (h)(1). or tinder clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the 64 Stat. 477. 42 USC 301 note. period prescribed by such subparagraph or clause, or “(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security 42 USC 402. Act Amendments of 1950, within the period prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary.” (b) The amendments made by this section shall be effective with respect to (1) applications for lump-sum death payments filed in or after the month in which this Act is enacted, and (2) monthly benefits based on applications filed in or after such month. Sec. 325. treatment of certain royalties for retirement test purposes (a) (1) Subparagraph (B) of section 203 (f)(5) of the Social Security Act is amended to read as follows: 74 Stat. 956. 42 USC 403. “(B) For purposes of this section— “(i) an individual’s net earnings from self-employment for any taxable year shall be determined as provided in section 42 USC 411. 211, except that paragraphs (1), (4), and (5) of section 211(c) shall not apply and the gross income shall be computed by excluding the amounts provided by subparagraph (D), and “(ii) an individual’s net loss from self-employment for any taxable year is the excess of the deductions (plus his distributive share of loss described in section 702(a)(9) of the Internal Revenue Code of 1954) taken into account under 68A Stat. 239. 26 USC 702. clause (i) over the gross income (plus his distributive share of income so described) taken into account under clause (i).” (2) Such section 203(f)(5) is further amended by adding at the end thereof the following new subparagraph: “(D) In the case of an individual— “(i) who has attained the age of 65 on or before the last day of the taxable year, and “(ii) who shows to the satisfaction of the Secretary that lie is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he attained the age of 65 and that the property to which the copyright or patent relates was created by his own personal efforts, there shall be excluded from gross income any such royalties.” (b) The amendments made by subsection (a) shall apply with respect to the computation of net earnings from self-employment and the net loss from self-employment for taxable years beginning after 1964. Sec. 326. amendments preserving relationship between railroad retirement and old-age, survivors, and disability insurance systems (a) Section l(q) of the Railroad Retirement Act of 1937 is amended by striking out “1961” and inserting in lieu thereof “1965”. (b) Section 5(1)(9) of such Act is amended by striking out “after 1958 is.less than $4,800” and inserting in lieu thereof the following: “after 1958 and before 1966 is less than $4,800 or for any calendar year after 1965 is less than $6,600”; and by striking out “and $4,800 for years after 1958”, and inserting in lieu thereof the following: “$4,800 for years after 1958 and before 1966, and $6,600 for years after 1965”. Sec. 327. technical amendment relating to meetings of board of trustees of the old-age, survivors, and disability insurance trust funds Section 201(c) of the Social Security Act is amended by striking out “six months” in the fourth sentence and inserting in lieu thereof “calendar year”. Sec. 328. applications for benefits (a) Section 202(j)(2) of the Social Security Act. is amended to read as follows: “(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a)(1)) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act, (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act before the 53 Stat. 1370. 42 USC 405. date of enactment of this Act. applications as to which there has been no final judicial decision before the date of enactment of this Act. Sec. 329. underpayments Section 204 of the Social Security Act is amended by 42 USC 404. adding at the end thereof the following new subsection: “(d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— “(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same .household with the deceased at the time of his death, or “(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual.” Sec. 330. payments to two or more individuals of the same family Section 205 (n) of the Social Security Act is amended to read as follows: “(n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month.” Sec. 331. validating certificates filed by ministers (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employment 68 Stat. 1088. 26 USC 1402. income in the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(5) Optional provision for certain certificates filed on or before April is, leer.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment income on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— “(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security 64 Stat. 158. 42 USC 405. Act) after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and “(B) a certificate filed after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205 (c)(1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— “(i) the tax under section 1401 in respect to all such individual’s self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967, and “(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section 68A Stat. 819. 26 USC 6611. 26 USC 6401. 6611) is repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph.” (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Revenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) for purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason or the filing of a certificate which is effective under section 1402(e)(5). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state- meats of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any 42 USC 401. prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this Act 74 Stat. 927; 75 Stat. 141. 26 USC 1402. shall be applicable with respect to any certificate filed pursuant thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.” Sec. 333. continuation of widow’s and widower’s insurance benefits after remarriage (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- Ante, pp. 373, 374. ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the Ante, p. 374. provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection Ante, p. 403. (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 72 Stat. 1017. 42 USC 403. 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not Ante, pp. 376, 403; Supra. entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 334. changes in definitions of wife, widow, husband, and widower (a) Section 216(b) of the Social Security Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) was entitled to, or upon appli-cation therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment or age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. 50 Stat. 312. 45 USC 228e. (b) Section 216(c) of such Act, as amended by section 306 of this Ante, p. 373. Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) she was entitled to, or upon application therefor and attainment or the required age (if any) would nave been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end or clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately lief ore the period at the end there or the following: “, or (C) he was entitled to, or on application therefor and attainment of tire required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (e) Section 202(c)(2) is amended by striking out “or” at the end 72 Stat. 1026; Ante, p. 372. 42 USC 402. of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (f) Section 202(f)(2) of such Act is amended by striking out “or” at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 335. reduction of benefits on receipt of workmen’s compensation Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled 70 Stat. 815. 42 USC 423. to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: “Sec. 224. “reduction of benefits based on disability on account of receipt of workmen’s compensation (a) If for any month prior to the month in which an individual attains the age of 62— “(1) such individual is entitled to benefits under section 223, and “(2) such individual is entitled for such month, under a workmen’s compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, 64 Stat. 482. 42 USC 402. the total of his benefits under section 223 for such month and of any benefits under section 202 for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of— “(3) such total of benefits under sections 223 and 202 for such month, and “(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen’s compensation law or plan, exceeds the higher of— “(5) 80 per centum of his ‘average current earnings’, or “(6) the total of such individual’s disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wages and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) induce such total below the sum of— “(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual’s wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and “(8) any increase in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual’s average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total or his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest. “(b) If any periodic benefit under a workmen’s compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). “(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions Ante, p. 363, 378. 70 Stat. 817. 42 USC 422. under such section and under section 222(b). “(d) The reduction of benefits required by this section shall not be made if the workmen’s compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. 70 Stat. 815. 42 USC 423. “(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen’s compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual’s wages and self-employment 64 Stat. 482. 42 USC 402. income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205 (i). 83 Stat. 1371. 42 USC 405. “(f) (1) In the second calendar year after the year in which reduction under this section in the total of an individual’s benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual’s wages and self-employment income. Such redetermined benefit, shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. “(2) In making the redetermination required by paragraph (1), the individual’s average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1. “(g) Whenever a reduction in the total of benefits for any month based on an individual’s wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit.” Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.” Sec. 337. teachers in the state of maine (a) Section 316 of the Social Security Amendments of 1958 72 Stat. 1040; 78 Stat. 240. 42 USC 418 note. is amended by striking out “July 1, 1965” and inserting in lieu thereof “July 1, 1967”. (b) The amendment made by this section shall be effective as of July 1, 1965. Sec. 338. modification of agreement with north dakota and iowa with respect to certain students Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota 64 Stat. 514. 42 USC 418. and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar qua it er in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Sec. 339. qualification of children not qualified under state law (a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following 42 USC 401. the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 340. disclosure, under certain circumstances, to courts and interested welfare agencies of whereabouts of individuals Section 1106 of the Social Security Act is amended by 64 Stat. 559. 42 USC 1306. adding at the end thereof the following new subsection: “(c) (1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, XIV, XVI, or XIX, or participating in the administration of any other State or 42 USC 301 et seq. local public assistance program, for the most recent address of any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary 53 Stat. 1368. 42 USC 405. shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— “(A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, “(B) such child or children are applicants for or recipients of assistance available under such a plan or program, “(C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and “(D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. “(2) A request under paragraph (1) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). “(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. “(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (b) shall apply also with respect to payment under this paragraph.” Sec. 341. additional period for filing ministers certificates (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 71 Stat. 521; 78 Stat. 1076. 26 USC 1402. ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “his second taxable year ending after 1962” and inserting in lieu thereof “his second taxable year ending after 1963”. (b) Section 1402(e)(3) of such Code (relating to effective date of 74 Stat. 926; 78 Stat. 1077. certificate) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years.” (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 26 USC 1402. (e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the 42 USC 401. Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. Sec. 342. rectifying error in interpreting law with respect to certain school employees in alaska For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. Sec. 343. continuation of child’s insurance benefits after adoption by brother or sister (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out “or uncle” and inserting in lieu thereof “uncle, brother, or sister”. (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child’s 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 344. disability insurance benefits for the blind; special provisions (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or “(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in paragraph (1)), not less than one-half (and not less than 6) oi the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.” (b) Section 223(c)(1) of such Act is amended by striking out subparagraph 70 Stat. 815. 42 USC 423. (B) and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or “(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 216(i)(1)), not less than one-half (and not 68 Stat. 1080. 42 USC 416. less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage.” (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence Ante, p. 367. at the end thereof: “No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self-employment Ante, pp. 370, 375, 397; 64 Stat. 482. 42 USC 402. income of such individual.” (d) The first sentence of section 223(c)(2) of such Act (as amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.” (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filed in or after the month in which this Act is enacted.
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Inserted · 42 U.S.C. § 416(g)
  Pub. L. 89–97, §§ 306(c)(13), 334(d), inserted “(subject, however, to section 402(s) of this title)”
2. Added · 42 U.S.C. § 416(g)
  Pub. L. 89–97, §§ 306(c)(13), 334(d), added cl. (6)(C), respectively
Source evidence
Code amendment note
Subsec. (g). Pub. L. 89–97, §§ 306(c)(13), 334(d), inserted “(subject, however, to section 402(s) of this title)” and added cl. (6)(C), respectively.
Enacted provision · exact public law
TITLE III— SOCIAL SECURITY AMENDMENTS Sec. 300. short title This title may be cited as the “Old-Age, Survivors, and Old-Age, Survivors, and Disability Insurance Amendments of 1965. Disability Insurance Amendments of 1965”, Sec. 301. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended 72 Stat. 1014. 42 USC 415. by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— ..... $13.48 $40 .... $67 $44.00 $66.00 $13.49 14.00 41 $68 69 45.00 67.69 14,01 14.43 42 70 70 46,00 89.00 14.49 15.00 43 71 72 47.00 70.50 15.01 15,60 44 73 74 48.00 72.00 15.61 16.20 45 75 76 49.00 73.50 16.21 16,84 46 77 78 50.00 75.00 16.85 17.60 47 79 so 51.01 78.60 17.61 18,40 48 81 81 52.00 78.00 18.41 19.24 49 82 83 53.00 79.50 19.25 20.00 50 84 85 54.00 81.00 20.01 20.64 51 85 87 55.00 82.60 20.65 21.28 52 88 89 56.00 84.00 21.29 21.88 53 90 00 57.00 85.80 21.89 22.28 54 91 92 58.00 87.00 22.29 22.68 55 93 94 69.00 88.50 22.69 23.08 56 95 95 00.90 90.00 23.09 23.44 57 97 97 61.00 91.50 23.45 23.76 58 98 99 62.10 93.20 23.77 24.20 59 100 101 63.20 94.80 24.21 24.80 60 102 102 04.20 96.30 24.61 25.00 61 103 104 65.30 98.00 25.01 25.48 62 105 106 00,40 99.60 25.49 25.92 63 107 107 67.50 101.30 25.93 26.40 64 108 109 08.50 102.80 26.41 26.94 65 110 113 69.60 104.40 26.95 27.46 66 111 118 70.70 108.10 27.47 28.00 67 119 122 71.70 107.60 28 01 28.68 68 123 127 72.80 109.20 28.69 29.25 69 128 132 73.90 110.90 29.26 29.68 70 133 136 74.90 112.40 29.69 30.36 71 137 141 76.00 114.00 30.37 30.92 72 142 146 77.10 116.80 30.93 31.36 73 147 150 78.20 120.00 31.37 32.00 74 151 155 79.20 124.00 32.01 32.60 75 156 160 80.30 128.00 32.61 33.20 76 161 164 81.40 131.20 33.21 33.88 77 165 169 82.40 135.20 33,89 34.50 78 170 174 83.50 135.20 34.51 35.00 79 175 178 84.60 142,40 35.01 35.80 80 179 183 85.60 146.40 35.81 36,40 81 IM 188 86.70 150.40 36.41 37.08 82 189 193 87.80 154.40 3ZO9 37.60 83 194 197 88.90 157.60 37,61 38.20 84 198 202 89.90 161.60 38,21 39,12 85 203 207 91.00 165.60 39.13 39.68 86 208 211 92.10 168.80 39.69 40.33 87 212 216 93.10 172.80 40.34 41.12 88 217 221 94.20 176.80 41.13 41.76 89 222 225 95.30 180.00 41.77 42.44 90 226 230 96,30 184.00 42.45 43.20 91 231 235 97.40 188.00 “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— $43.21 $43.76 $92 $238 $239 $98.50 $191.20 43.77 44.44 93 240 244 99.60 195.20 44.45 41.88 94 246 249 100.60 199.20 44.89 45.60 95 250 253 101.70 202.40 96 254 258 102.80 206.40 97 259 263 103.80 210,40 98 204 267 104.90 213.60 99 268 272 100.00 217.60 100 273 277 107.00 221.60 101 278 281 108.00 224,80 102 282 286 109.20 223.80 103 287 291 110.30 232,80 104 292 293 111.30 236.00 105 290 300 112.40 240,00 106 301 305 113.50 244.00 107 306 309 114.50 247.20 108 310 314 115.60 251.20 109 315 319 116.70 255.20 110 320 323 117.70 258.40 111 324 323 118.80 262.40 112 329 333 113.90 266.40 113 334 337 121.00 269.60 114 338 342 122.00 273.60 115 343 347 123.10 277.60 118 348 351 124.20 280.00 117 352 356 125.20 284.80 118 357 361 126.30 288.80 119 362 365 127.40 292.00 120 366 370 128.40 296.00 121 371 375 129.50 298.00 122 376 379 130.50 299.60 123 380 384 131.70 301.00 124 385 389 132.70 303.00 125 390 393 133.80 305.20 126 394 398 134.90 307.20 127 399 403 135.90 309.20 404 407 137.00 310.80 408 412 138.00 312.80 413 417 139.00 314,80 418 421 14(100 316.40 422 426 14L00 318.40 427 431 142.00 320.40 432 436 143.00 322.40 437 440 144.00 32AM 441 445 145,00 320,00 446 450 146.00 328.00 461 454 147.00 329.60 455 450 148.00 331.60 460 464 149.00 333.60 465 468 150.00 335.20 469 473 151.00 337.20 474 478 152.00 339.20 479 482 153.00 340.80 483 487 154.00 342.80 488 492 155,00 344.80 493 496 156.00 346,40 497 501 157.00 348.40 602 506 156.00 350.40 507 510 159.00 352.00 511 516 160.00 354.00 516 520 161.00 356.00 521 524 162.00 357.60 525 529 163.00 359.60 530 534 164.00 361.60 535 638 165,00 363.20 539 543 166.00 365,20 544 548 167.00 387.20 549 550 168.00 368.00” (b) Section 215(c) of such Act is amended to read as follows: 72 Stat. 1016. 42 USC 415. “(c) “Primary Insurance Amount Under 1958 Act, as Modified (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount shall be computed as provided in, and subject to the limitations specified in, (A) this section as in effect prior to the enactment of the Social Security Amendments of 1965, and (B) the applicable provisions of the Social Security Amendments of 1960. 74 Stat. 924. 42 USC 301 note. “(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 of enactment of the Social 64 Stat. 482; 70 Stat. 815. 42 USC 402, 423. 72 Stat. 1017; Post, p. 378. 42 USC 403. Security Amendments of 1965 or who died before such date.” (c) Section 203(a) of such Act is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly benefits under section 202 or 223 for any month which begins after December 1964 and before the enactment of the Social Security Amendments of 1965, on the basis of the wages and self-employment income of such insured individual, such total of benefits for any month occurring after December 1964 shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) (i) with respect to the month in which such Amendments are enacted or any prior month, 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 of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), 70 Stat. 817; 75 Stat. 131. 42 USC 422, 402. as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965), for such month, by 107 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10, and “(ii) with respect to any month after the month in which such Amendments are enacted, 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 of section 222(b), section 202 (q), and subsections (b), (c), and (d) of this section), as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965) for the month of enactment, by 107 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 (B) of this paragraph, and (II) if section 202(k) 64 Stat. 487. 42 USC 402. (2)(A) was applicable in the case of any of such benefits for any such month beginning before the enactment of the Social Secu-rity Amendments of 1965, and ceases to apply 42 USC 402. after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which such section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for such month beginning prior to such enactment.” (d) The amendments made by subsections (a),(b), and (c) of this section shall apply with respect to monthly benefits under title II of the 42 USC 401. Social Security Act for months after December 1964 and with respect to lump-sum death payments under such title in the case of deaths occurring in or after the month in which this Act is enacted. (e) If an individual is entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1964 on the basis of an application filed after enactment of this Act and is entitled to 42 USC 402. old-age insurance benefits under section 202(a) of such Act for January 1965, then, for purposes of section 215(a)(4) of the Social Security 75 Stat. 135; Post, p. 370. 42 USC 415. Ante, p. 361. Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the June 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 his disability insurance benefit. Sec. 302. computation and recomputation of benefits (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Post, p. 365. Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is 74 Stat. 961. 42 USC 415. amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” 64 Stat. 508. after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended 68 Stat. 1066. to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), 64 Stat. 520. 42 USC 405. for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under 64 Stat. 482. 42 USC 402. section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit 42 USC 401. amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of 74 Stat. 963; 68 Stat. 1068. sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after 70 Stat. 815. 42 USC 423. December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed. Sec. 303. disability insurance benefits (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. (2) So much of section 223 (c)(2) of such Act as precedes the second 70 Stat. 815; Post, p. 413. 42 USC 423. sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out 72 Stat. 1021; Post, p. 412. “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended 42 USC 423. Poatt p. 413. by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out 72 Stat. 1020. 42 USC 423. “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended 64 Stat. 487. 42 USC 402. by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the 75 Stat. 135; Post, p. 370. 42 USC 415. amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions Ante, p. 367. of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance 70 Stat. 815. 42 USC 423. benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 53 Stat. 1370. 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for 42 USC 401. monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. Sec. 304. payment of disability insurance benefits after entitlement to other monthly insurance benefits (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following Post, p. 374. new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 305. disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended by inserting “and before January 1, 1966,” after “December 31, 1956,”, and by inserting after “1954,” the following: “and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,”. (b) Section 201(b)(2) of such Act is amended by inserting after “December 31, 1956,” the following: “and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,”. Sec. 306. payment of child’s insurance benefits after attainment of age 18 in case of child attending school (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as 70 Stat. 815. Ante, p. 367. defined in section 223(c)) which began before he attained the age of 18, and”. (b) (1) So much of the first sentence of section 202(d)(1) of such 72 Stat. 1022; Post, p. 307. 42 USC 402. Act as follows subparagraph (C) is amended to read as follows: “shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time “Full-time student”. attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “(a) “Child Aged 18 or Over Attending School (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 42 USC 403. 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as Ante, p. 367. 42 USC 423. defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection 74 Stat. 954, 955; Post, p. 373. 42 USC 403. 72 Stat. 1026–1028. 42 USC 416. (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject 64 Stat. 486; Post, p. 378. 42 USC 402. to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows 72 Stat. 1032. subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of 42 USC 403. such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. Ante, p. 372. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act Past, pp. 404, 405. 42 USC 416. are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— 64 Stat. 482. 42 USC 402. (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section. Ante, p. 370. Sec. 307. reduced benefits for widows at age 60 (a) (1) Paragraph (1)(B) of section 202(e) of the Social Security Act (as amended by section 308(b) of this Act) is amended Post, p. 376. by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Paragraph (2) of such section (as so amended) is amended by striking put “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (b) (1) Paragraph (1) of section 202(g) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, or widow’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(a) 5/9 of 1 percent of such amount if such benefit is an old-age or widow’s insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (2) Paragraph (3)(A)(os renumbered by section 304(c) of this Act) of such section is amended— (A) by striking out “wife’s or husband’s insurance benefit” each place it appears and inserting in lieu thereof “wife’s, husband’s, or widow’s insurance benefit”; and (B) by striking out “age 62” and inserting in lieu thereof “age 62 (in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)”. (3) Paragraph (3)(D)(as so renumbered) of such section is amended by striking out “wife’s or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”. (4) Paragraph (3)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger: “(i) the amount by which (but for this subparagraph) such old-age insurance benefit would have been reduced under paragraph (1), “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection).” (5) Paragraph (5)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(D) No widow’s insurance benefit for a month in which she has in her care a child of her deceased husband (or deceased former husband) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which she would have been entitled had she been entitled for such month to mother’s insurance benefits on the basis of her deceased husband’s (or deceased former husband’s) wages and self-employment income.” (6) Paragraph (6)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; (B) by striking out “or husband’s” in subparagraph (A)(i) and inserting in lieu thereof “, husband’s, or widow’s”; and (C) by striking out “age 65” in subparagraph (B) and inserting in lieu thereof “retirement age”. (7) Paragraph (7)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; and (B) by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a comma, and by adding at the end thereof the following new subparagraphs: “(D) in the case of widow’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D), “(E) in the case of widow’s insurance benefits, any month before the month in which she attained retirement age for which she was not entitled to such benefit because of the occurrence of an event that terminated her entitlement to such benefits, and”. (8) Section 202(a) of such Act (as amended by section 304(c) of this Act) is further amended by adding at the end thereof the Ante, p. 368. following new paragraph: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65 with respect to an old-age, wife’s, or husband’s insurance benefit and age 62 with respect to a widow’s insurance benefit.” (c) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for and after the second month following the month in which this 64 Stat. 482. 42 USC 402. Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 308. wife’s and widow’s benefits for divorced women (a) Section 202 (b) of the Social Security Act is amended to read as follows: “(b) “Wife’s Insurance Benefits (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age Post, p. 377. 42 USC 416. or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she 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 “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. 42 USC 402. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out 41 USC 403. “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out 42 USC 405. “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. Repeal. 42 USC 402. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month 42 USC 401. following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 309. transitional insured status (a) Title II of the Social Security Act is further amended by adding at the end thereof (after the new section 226 added by section 101 of this Act) the following new section: Ante, p. 290. “Sec. 227. “transitional insured status (a) In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 214(a), the 6 quarters of coverage referred to in so much of 75 Stat. 137. 42 USC 414. paragraph (1) of section 214(a) as follows clause (C) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 202(a), and of his wife 42 USC 402. to benefits under section 202(b), but, in the case of such wife, only if. Ante, p. 375. she attains the age of 72 before 1969 and only with respect to wife’s insurance benefits under section 202(b) for and after the month in which she attains such age. For each month before the month in which any such individual meets the requirements of section 214(a), the amount of his old-age insurance benefit shall, notwithstanding the provisions of section 202(a), be $35 and the amount of the wife’s insurance benefit of his wife shall, notwithstanding the provisions of section 202(b), be $17.50. “(b) In the case of any individual who has died, who does not meet the requirements of section 214(a), and whose widow attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 214(a) and in so much of paragraph (1) thereof as follows clause (C) shall, for purposes of determining her entitle- Ante, pp. 376, 377. 42 USC 402. ment to widow’s insurance benefits under section 202 (e), instead be— “(1) 3 quarters of coverage if such widow attains the age of 72 in or before 1966, “(2) 4 quarters of coverage if such widow attains the age of 72 in 1967, or “(3) 5 quarters of coverage if such widow attains the age of 72 in 1968. The amount of her widow’s insurance benefit for each month shall, notwithstanding the provisions of section 202(e)(and section 202 68 Stat. 1073. 42 USC 402. (m)), be $35. “(c) In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 202(a) by reason of the application of subsection (a) of this section, who dies, and whose widow attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such widow to widow’s insurance benefits under section 202(e).” (b) The amendment made by subsection (a) shall apply in the case of monthly benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted. Sec. 310. increase in amount an individual is permitted to earn without suffering full deductions from benefits (a) (1) Paragraphs (1), (3), and (4)(B) of subsection 42 USC 403. (f) of section 203 of the Social Security Act are each amended by striking out “$100” wherever it appears therein and inserting in lieu thereof “$125”. (2) The first sentence of paragraph (3) of such subsection (f) is amended by striking out “$500” each place it appears therein and inserting in lieu thereof “$1,200”. (3) Paragraph (1)(A) of subsection (h) of section 203 of such Act is amended by striking out “$100” and inserting in lieu thereof “$125”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 31, 1965. Sec. 311. coverage for doctors of medicine (a) (1) Section 211(c)(5) of the Social Security Act is amended to read as follows: “(5) The performance of service by an individual in the exercise of bis profession as a Christian Science practitioner.” (2) Section 211 (c) of such Act is further amended by striking out the last two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by Post, p. 381. him under section 1402(e) of the Internal Revenue Code of 1954 is in effect.” (3) Section 210(a)(6)(C)(iv) of such Act is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (4) Section 210(a)(13) of such Act is amended by striking out all 64 Stat. 497; 68 Stat. 1052. 42 USC 410. 70 Stat. 841. 26 USC 1402. that follows the first semicolon. (b) (1) Section 1402(c)(5) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: “(5) the performance of service by an individual in the exercise of his profession as a Christian Science practitioner.” (2) Section 1402(c) of such Code is further amended by striking 68 Stat. 1088. out the last.two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by him under subsection (e) is in effect.” (3) (A) Section 1402(e)(1) of such Code (relating to filing of waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “extended to service” and all that follows and inserting in lieu thereof “extended to service described in subsection (c)(4) or (c)(5) performed by him.” (B) Clause (A) of section 1402(e)(2) of such Code (relating to time for filing waiver certificate) is amended to read as follows: “(A) the due date of the return (including any extension thereof) for his second taxable year ending after 1954 for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or . (4) Section 3121(b)(6)(C)(iv) of such Code (relating to definition 68 Stat. 1092. 26 USC 3121. of employment) is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (5) Section 3121 (b)(13) of such Code is amended by striking out 68A Stat. 422; 68 Stat. 1091. all that follows the first semicolon. (c) The amendments made by paragraphs (1) and (2) of subsection (a), and by paragraphs (1). (2), and (3) of subsection (b), shall apply only with respect to taxable years ending on or after December 31, 1965. The amendments made by paragraphs (3) and (4) of subsection (a), and by paragraphs (4) and (5) of subsection (b), shall apply only with respect to services performed after 1965. Sec. 312. gross income of farmers (a) The second sentence following paragraph (8) in section 211(a) of the Social Security Act is amended by striking out 43 USC 411. “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,000” each place it appears and inserting in lieu thereof “$1,600”. (b) The second sentence following paragraph (9) in section 1402(a) of the Internal Revenue Code of 1954 (relating to net earnings from self-employment) is amended by striking out “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,200” each place it appears and inserting in lieu thereof “$1,600”. (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1965. Sec. 313. coverage of tips (a) (1) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (j), by striking out the period at the end of subsection (k) and inserting in lieu thereof “; or”, and by adding immediately after subsection (k) the following new subsection: “(l) (1) Tips paid in any medium other than cash; “(2) Cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (2) Section 209 of such Act is-further amended by adding at the end thereof the following new paragraph: “For purposes of this title, tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code Post, p. 384. of 1954 or (if no statement including such tips is so furnished) at the time received.” (b) Section 451 of the Internal Revenue Code of 1954 (relating to general rule for taxable year of inclusion) is amended by adding at the end thereof the following new subsection: “(c) Special Rum for Employee Tips.— For purposes of subsection (a), tips included in a written statement furnished an employer by an employee pursuant to section 6053(a) shall be deemed to be received at the time the written statement including such tips is furnished to the employer.” (c) (1) Section 3102 of such Code (relating to deduction of tax from wages) is amended by adding at the end thereof the following new subsection: “(c) Special Rule for Tips.— “(1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. “(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. “(3) The Secretary or his delegate may, under regulations prescribed by him. authorize employers— “(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter of the calendar year, “(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such quarter as if the tips so estimated constituted the actual tips so reported, and “(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. Post, p. 395. “(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.” (2) The second sentence of section 3102 (a) of such Code is amended 68A Stat. 415; 68 Stat. 1093. 26 USC 3102. by inserting before the period at the end thereof the following: “; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to Post, p. 384. 26 USC 3121. which paragraph (12)(B) of section 3121 (a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20”. (3) Section 3121(a) of such Code (relating to definition of wages under the Federal Insurance Contributions Act) is amended by striking out “or” at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; or ”, and by adding after paragraph (11) the following new paragraph: “(12) (A) tips paid in any medium other than cash; “(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (4) Section 3121 of such Code is further amended by adding at the end thereof the following new subsection: “(q) Tips Included for Employee Taxes.— For purposes of this chapter other than for purposes of the taxes imposed by section 3111, Post, p. 396. tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (d) (1) Section 3401 of such Code (relating to definitions for purposes 68A Stat. 455. 26 USC 3401. of collecting income tax at source on wages) is amended by adding at the end thereof the following new subsection: “(f) Tips.— For purposes of subsection (a), the term ‘wages’ “Wages.” includes tips received by an employee in the course of his employment. Such wages shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (2) Section 3401(a) of such Code (relating to definition of wages for purposes of collecting income tax at source) is amended by striking out “r” at the end of paragraph (6) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; or”, and by adding after paragraph (15) the following new paragraph: “(16) (A) as tips in any medium other than cash; “(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (3) Subsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by striking out “subsection (j)” and inserting in lieu thereof “subsections (j) and (k)”. (4) Section 3402(h)(3) of such Code (relating to income tax withholding on basis of average wages) is amended by inserting after “quarter” the first place it appears the following: “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)”. (5) Section 3402 of such Code is further amended by adding at the end thereof the following new subsection: “(k) Tips.— In the case of tips which constitute wages, subsection Infra. (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (16)(B) of section 3401(a) is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20. Such tax shall not at any time be deducted and withheld in an amount which exceeds the aggregate of such wages and funds (including funds Ante, p. 382. Ante, p. 383. 68A Stat. 747. 26 USC 6051. turned over under section 3102(c)(2)) minus any tax required by section 3102(a) to be collected from such wages and funds.” (e) (1) Section 6051(a) of such Code (relating to receipts for employees) is amended by adding at the end thereof the following new sentence: “In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).” (2) (A) Subpart C of part III of subchapter A of chapter 61 of such Code (relating to information regarding wages paid employees) is amended by adding at the end thereof the following new section: “SEC. 6053. REPORTING OF TIPS. “(a) Reports by Employees.— Every employee who, in the course of his employment by an employer, receives in any calendar month tips 26 USC 3121, 3401. which are wages (as defined in section 3121(a) or section 3401(a)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary or his delegate. “(b) Statements Furnished by Employers.— If the tax imposed by section 3101 with respect to tips reported by an employee pursuant Post, p. 395. to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102, the employer shall furnish to the employee 26 USC 3102. a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary or his delegate may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary or his delegate.” (B) Section 6652(b) of such Code (relating to failure to file information 76 Stat. 1057. 26 USC 6652. returns) is amended by inserting after “income tax withheld) the following: “and in the case of each failure to furnish a statement required by section 6053(b)(relating to statements furnished by employers Supra. with respect to tips),”. (C) Section 6674 of such Code (relating to fraudulent statement or 68A Stat. 828. 26 USC 6674. failure to furnish statement to employee) is amended by striking out “6051” each place it appears and inserting in lieu thereof “6051 or 68A Stat. 747. 26 USC 6051. 6053(b)”. (D) The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 6053. Reporting of tips.” (3) Section 6652 of such Code (relating to failure to file certain information returns) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Failure To Report Tips.— In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)), unless Ante, p. 384. 26 USC 3121. it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 with respect to the amount of tips which Post, p. 395. he so failed to report, an amount equal to 50 percent of such tax,” (f) The amendments made by this section shall apply only with respect to tips received by employees after 1965. Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418. Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”. Sec. 316. employees of nonprofit organizations (a) (1) Section 3121(k)(1)(B)(iii) of the Internal Revenue 72 Stat. 1044. 26 USC 3121. Code of 1954 (relating to effective date of exemption of religious, charitable, and certain other organizations) is amended to read as follows: “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed.” (2) The amendment made by paragraph (1) shall apply in the case of any certificate filed under section 3121 (k)(1)(A) of such Code after the date of the enactment of this Act. (b) Section 3121 (k)(1) of such Code (relating to waiver of exemption by religious, charitable, and certain other organizations) is further amended by adding at the end thereof the following new subparagraph: “(H) An organization which files a certificate under subparagraph (A) before 1966 may amend such certificate during 1965 or 1966 to make the certificate effective with the first day of any calendar quarter preceding the quarter for which such certificate originally became effective, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is so amended. If an organization amends its certificate pursuant to the preceding sentence, such amendment shall b effective with respect to the service of individuals who concurred in the filing of such certificate (initially or through the filing of a supplemental list) and who concur in the filing of such amendment. An amendment to a certificate filed pursuant to this subparagraph shall be filed with such official and in such form and manner as may be prescribed by regulations made under this chapter. If an amendment is filed pursuant to this subparagraph— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file tax return), the due date for the return and payment of the tax for any calendar quarter resulting from the filing of such an amendment shall be the last day of the calendar month following the calendar quarter in which the amendment is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of three year’s from such due date.” (c) (1) Section 105(b) of the Social Security Amendments of 1960 is amended to read as follows: “(b) (1) If— “(A) an individual performed service in the employ of an organization with respect to which remuneration was paid before the first day of the calendar quarter in which the organization filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code of 1954, and such service is excepted from employment under section 210(a) 72 Stat. 1035. 42 USC 410. (8)(B) of the Social Security Act, “(B) such service would have constituted employment as defined in section 210 of such Act if the requirements of section 3121(k)(1) of such Code were satisfied, “(C) such organization paid, on or before the due date of the tax return for the calendar quarter before the calendar quarter in which the organization filed a certificate pursuant to section 3121(k)(1) of such Code, any amount, as taxes 72 Stat. 1044. 26 USC 3121. Post, pp. 395, 396. imposed by sections 3101 and 3111 of such Code, with respect to such remuneration paid by the organization to the individual for such service, “(D) such individual, or a fiduciary acting for such individual or his estate, or his survivor (within the meaning of section 205(c)(1)(C) of such Act), requests that such 64 Stat. 518; Ante, p. 379. remuneration be deemed to constitute remuneration for employment for purposes of title II of such Act, and 42 USC 401. “(E) the request is made in such form and manner, and with such official, as may be prescribed by regulations made by the Secretary of Health, Education, and Welfare, then, subject to the conditions stated in paragraphs (2), (3), (4), and (5), the remuneration with respect to which the amount has been paid as taxes shall be deemed to constitute remuneration for employment for purposes of title II of such Act. “(2) Paragraph (1) shall not apply with respect to an individual unless the organization referred to in paragraph (1)(A), on or before the date on which the request described in paragraph (1) is made, has filed a certificate pursuant to section 3121(k)(1) of such Code. “(3) Paragraph (1) shall not apply with respect to an individual who is employed by the organization referred to in paragraph (2) on the date the certificate is filed. “(4) If credit or refund of any portion of the amount referred to in paragraph (1)(C)(other than a credit or refund which would be allowed if the service constituted employment for purposes of chapter 21 of such Code) has been obtained, paragraph (1) shall 68A Stat. 415. 26 USC 3101–3126. 68A Stat. 819. 26 USC 6611. not apply with respect to the individual unless the amount credited or refunded (including any interest under section 6611 of such Code) is repaid before January 1, 1968, or, if later, the first day of the third year after the year in which the organization filed a certificate pursuant to section 3121 (k)(1) of such Code. “(5) Paragraph (1) shall not apply to any service performed for the organization in a period for winch a certificate filed pursuant to section 3121 (k)(1) of such Code is not in effect.” (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. The provisions of section 105(b) of the Social Security Amendments of 1960 which were in 74 Stat. 943. 26 USC 3121 note. effect before the date of the enactment of this Act shall be applicable with respect to any request filed under section 105(b)(1) of such Amendments before such date. Nothing in the preceding sentence shall prevent the filing of a request under section 105(b)(1) of such Amendments as amended by this Act. (d) If— (1) an individual performed service with respect to which remuneration was paid before the date of enactment of this Act by an organization which, before, such date, filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code, (2) such service is excluded from employment under title II of the Social Security Act but would not be excluded therefrom if the requirements of such section 3121 (k)(1) had been met with respect to such service, (3) such service was performed during the period such certificate was in effect, and (4) such individual was listed pursuant to such section 3121 72 Stat. 1044. 26 USC 3121. (k)(1) at any time during such period and before the date of enactment of this Act as an employee who concurred in the filing of such certificate or such individual filed a request for coverage pursuant to section 105(b) of the Social Security Amendments of 74 Stat. 943. 26 USC 3121 note. 1960, as in effect prior to the enactment of this Act (but such listing or request was not effective with respect to the service described above), then, subject to the conditions stated in subparagraphs (B), (C), (D), and (E) of paragraph (1), and paragraph (4), of section 105(b) of the Social Security Amendments of 1960, as amended by this section, the remuneration of such individual which was paid with respect to such excluded service shall be deemed to constitute remuneration for 42 USC 401. employment for purposes of such title II; except that, for purposes of this subsection, in applying subparagraph (C) of paragraph (1) of such section 105(b) the date of enactment of this Act shall be considered to be the date on which the organization filed its certificate under section 3121(k)(1) and any reference, in paragraph (4) of such section, to such paragraph (1) shall be considered a reference to the preceding provisions of this subsection. Sec. 317. coverage of temporary employees of the district of columbia (a) Section 210(a)(7) of the Social Security Act is amended— (1) by striking out “or” at the end of subparagraph (B), (2) by striking out the semicolon at the end of subparagraph (C)(ii) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (C) the following new subparagraph: “(D) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 61 Stat. 727; 63 Stat. 972. 1052), other than as a medical or dental intern or as a medical or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 (relating to certain services not included in definition of employment) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the semicolon at the end of subparagraph (B) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (B) the following new subparagraph: “(C) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 1052), other than as a medical or dental intern or as a medical 61 Stat. 727; 63 Stat. 972. or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (c) (1) Section 3125 of such Code (relating to returns in the case 74 Stat. 939. 26 USC 3125. of governmental employees in Guam and American Samoa) is amended by adding at the end thereof the following new subsection: “(c) District of Columbia.— In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Commissioners of the District of Columbia or by such agents as they may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the Post, p. 396. Post p. 393. $6,600 limitation in section 3121(a)(1).” (2) The heading of such section 3125 is amended by striking out “AND AMERICAN SAMOA” and inserting in lieu thereof “, AMERICAN SAMOA AND THE DISTRICT OF COLUMBIA” (3) The table of sections for subchapter C of chapter 21 of such Code (relating to general provisions for Federal Insurance Contributions Act) is amended by striking out “Sec. 3125. Returns in the ease of governmental employees in Guam and American Samoa.” and inserting in lieu thereof “Sec. 3125. Returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia.” (d) Section 6205(a) of such Code (relating to adjustment of tax) 68A Stat. 768; 74 Stat. 940. 26 USC 6205. is amended by adding at the end thereof the following new paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be deemed a separate employer.” (e) Section 6413(a) of such Code (relating to adjustment of certain 68A Stat. 797; 74 Stat. 940. 26 USC 6413. employment taxes) is amended by adding at the end thereof the following paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes 74 Stat. 939. 26 USC 3125. 68A Stat. 797. 26 USC 6413. a return pursuant to section 3125 shall be deemed a separate employer.” (f) (1) Section 6413(c)(2) of such Code (relating to applicability of special refunds to certain employment taxes) is amended by adding at the end thereof the following new subparagraph: “(F) Governmental employees in the district of Columbia.— In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Commissioners of the District of Columbia and each agent designated by them who makes Ante, p. 389. a return pursuant to section 3125(c) shall, for purposes of this subsection, be deemed a separate employer.” (2) The heading of such section 6413(c)(2) is amended by striking out “and american samoa” and inserting in. lieu thereof “, american samoa, and the district of columbia”. (g) The amendments made by this section shall apply with respect to service performed after the calendar quarter in which this section is enacted and after the calendar quarter in which the Secretary of the Treasury receives a certification from the Commissioners of the District of Columbia expressing their desire to have the insurance system established by title II (and part A of title XVIII) of the Social 42 USC 401; Ante, p. 291. Security Act extended to the officers and employees coming under the provisions of such amendments. Sec. 318. coverage for certain additional hospital employees in california Section 102(k) of the Social Security Amendments of 1960 is amended by inserting “(1)” immediately after “(k)”, and by adding at the end thereof the following new paragraph: “(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after December 31, 1959, is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after January 1, 1962, and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by Post, pp. 395, 396. 68A Stat. 415. 26 USC 3101–3126. sections 3101 and 3111 of the Internal Revenue Code of 1954 if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph, been paid.” Sec. 319. tax exemption for religious groups opposed to insurance (a) Subsection (c) of section 1402 of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) the performance of service by an individual during the period for which an exemption under subsection (h) is effective with respect to him.” (b) Subsection (c) of section 211 of the Social Security Act is 64 Stat. 5O2. 42 USC 411. amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) The performance of service by an individual during the period for which an exemption under section 1402(h) of the Internal Revenue Code of 1954 is effective with respect to him.” (c) Section 1402 of the Internal Revenue Code of 1954 is further 68A Stat. 353. 26 USC 1402. amended by adding at the end thereof the following new subsection: “(h) Members of Certain Religious Faiths.— “(1) Exemption.— Any individual may file an application (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) for an exemption from the tax imposed by this chapter if he is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division by reason of which he is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act). Such exemption may be granted only if the application 49 Stat. 620. 42 USC 1305. contains or is accompanied by— “(A) such evidence of such individual’s membership in, and adherence to the tenets or teachings of, the sect or division thereof as the Secretary or his delegate may require for purposes of determining such individual’s compliance with the preceding sentence, and “(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis 42 USC 401; Ante, p. 291. of his wages and self-employment income as well as all such benefits and other payments to him on the basis of the wages and self-employment income of any other person, and only if the Secretary of Health, Education, and Welfare finds that— “(C) such sect or division thereof has the established tenets or teachings referred to in the preceding sentence, “(D) it is the practice, and has been for a period of time which he deems to be substantial, for members of such sect or division thereof to make provision for their dependent members which in his judgment is reasonable in view of their general level of living, and “(E) such sect or division thereof has been in existence at all times since December 31, 1950. An exemption may not be granted to any individual if any benefit or other payment referred to in subparagraph (B) became payable (or, but for section 203 or 222(b) of the Social Security Act, 53 Stat. 1367; 72 Stat. 1032. 42 USC 403, 422. would have become payable) at or before the time of the filing of such waiver. “(2) Time for filing application.— For purposes of this subsection, an application must be filed— “(A) In the case of an individual who has self-employment income (determined without regard to this subsection and subsection (c)(6)) for any taxable year ending before Ante, p. 390. December 31, 1965, on or before April 15, 1966, and “(B) In any other case, on or before the time prescribed for filing the return (including any extension thereof) for the first taxable year ending on or after December 31, 1965, for which he has self-employment income (as so determined). “(3) Period for which exemption effective.— An exemption granted to any individual pursuant to this subsection shall apply with respect to all taxable years beginning after December 31, 1950, except that such exemption shall not apply for any taxable year— “(A) beginning (i) before the taxable year in which such individual first met the requirements of the first sentence of paragraph (1), or (ii) before the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which such individual is a member met the requirements of subparagraphs (C) and (D), or “(B) ending (i) after the time such individual ceases to meet the requirements of the first sentence of paragraph (1), or (ii) after the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which he is a member ceases to meet the requirements of subparagraph (C) or (D). “(4) Application by fiduciaries or survivors.— In any case where an individual who has self-employment income dies before the expiration of the time prescribed by paragraph (2) for filing an application for exemption pursuant to this subsection, such an application may be filed with respect to such individual within such time by a fiduciary acting for such individual’s estate or by such individual’s survivor (within the meaning of section 205 64 Stat. 518. 42 USC 405. 64 Stat. 482; 70 Stat. 838. 42 USC 402. (c)(1)(C) of the Social Security Act).” (d) Section 202 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(v) “Waiver of Benefits Notwithstanding any other provisions of this title, in the case of any individual who files a waiver pursuant to section 1402(h) Ante, p. 391. of the Internal Revenue Code of 1954 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this title to him, no payments shall be made on his behalf under part A Ante, p. 291. of title XVIII, and no benefits or other payments under this title shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver; except that, if thereafter such individual’s tax exemption under such section 1402(h) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this title and part A of title XVIII to the extent, based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year.” (e) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1950. For such purpose, 68A Stat. 353. 26 USC 1401–1403. chapter 2 of the Internal Revenue Code of 1954 shall be treated as applying to all taxable years beginning after such date. (f) If refund or credit of any overpayment resulting from the enactment of this section is prevented on the date of the enactment of this Act or at any time on or before April 15, 1966, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed on or before April 15, 1966. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section. Sec. 320. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(3) of the Social Security Act 72 Stat. 1019. 42 USC 409. is amended by inserting “and prior to 1966” after “1958”, (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(4) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(C) of such Act is amended by inserting 42 USC 411. “and prior to 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(D) For any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking 72 Stat. 1019; 74 Stat. 949. 42 USC 413. out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965”. (4) Section 215(e)(1) of such Act is amended by striking out “and 42 USC 415. the excess over $4,800 in the case of any calendar year after 1958” and inserting in lieu thereof “the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965”. (b) (1) (A) Section 1402(b)(1)(C) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 26 USC 1402. by inserting “and before 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402(b)(1) of such Code is further amended by adding at the end thereof the following new subparagraph: “(D) for any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of 68A Stat. 417; 72 Stat. 1042. 26 USC 3121. wages) is amended by striking out “$4,800” each place it appears and inserting in lieu thereof “$6,600”. (3) The second sentence of section 3122 of such Code (relating to 26 USC 3122. Federal service) is amended by striking out “$4,800” and inserting in lieu thereof “$6,600”. (4) Section 3125 of such Code (relating to returns in the case of 74 Stat. 939. 26 USC 3125. governmental employees in Guam and American Samoa) is amended by striking out “$4,800” where it appears in subsections (a) and (b) and inserting in lieu thereof “$6,600”. (5) Section 6413(c)(1) of such Code (relating to special refunds 72 Stat. 1043. 26 USC 6413. of employment taxes) is amended— (A) by inserting “and prior to the calendar year 1966” after “the calendar year 1958”; (B) by inserting after “exceed $4,800,” the following: “or (C) during any calendar year after the calendar year 1965, the wages received by him during such year exceed $6,600”. (C) by inserting before the period at the end thereof the following: “and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $4,800 for any calendar year after 1958” and inserting in lieu thereof “$4,800 for the calendar year 1959, 1960, 1961, 1962, 1963, 1964, or 1965, or $6,600 for any calendar year after 1965”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1965. Sec. 321. changes in tax schedules (a) Section 1401 of the Internal Revenue Code of 1954 (relating to rate of tax under the Self-Employment Contributions Act) is amended to read as follows: “SEC. 1401. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1969, the tax shall be equal to 5.9 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1973, the tax shall be equal to 6.6 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 0.35 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1973, the tax shall be equal to 0.50 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax snail be equal to 0.55 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; and “(6) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year. For purposes of the tax imposed by this subsection, the exclusion of employee representatives by section 1402(c)(3) shall not apply.” 68A Stat. 355. 26 USC 1402. 75 Stat. 141. 26 USC 3101. (b) Section 3101 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3101. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment 68A Stat. 417. 26 USC 3121. (as defined in section 3121 (b))— “(1) with respect to wages received during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages received during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages received during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages received during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages received during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; and “(6) with respect to wages received after December 31, 1986, the rate shall be 0,80 percent.” (c) Section 3111 of the Internal Revenue Code of 1954 (relating to rate of tax on employers under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3111. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 68A Stat. 417. 26 USC 3121. the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages paid during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages paid during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 3121 (a)) paid by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages paid during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; “(6) with respect to wages paid after December 31, 1986, the rate shall be 0.80 percent.” (d) The amendments made by subsection (a) shall apply only with respect to taxable years beginning after December 31, 1965. The amendments made by subsections (b) and (c) shall apply only with respect to remuneration paid after December 31, 1965. Sec. 322. reimbursement of trust-funds for cost of noncontributory military service credits Section 217 (g) of the Social Security Act is amended to read as follows: “(g) (1) In September 1965, and in every fifth September thereafter up to and including September 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the July 1 following the determination in the case of all other such determinations, and ending with tie close of June 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of June 30, Ante, p. 299. 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social Security 42 USC 410. 64 Stat. 477. 42 USC 301 note. 70 Stat. 819. 42 USC 401. Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which such determination is made. “(2) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund— “(A) for the fiscal year ending June 30, 1966. an amount equal to the amount determined under paragraph (1) in September 1965, and “(B) for each fiscal year in the period beginning with July 1, 1966, and ending with the close of June 30, 2015, an amount equal to the annual installment for such fiscal year under the most recent determination under paragraph (1) which precedes such fiscal year. “(3) For the fiscal year ending June 30, 2016, there is authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund such sums as the Secretary determines would place toe Trust Funds and the Federal Hospital Insurance Trust Fund in the same position in which they would have been at the close of June 30, 2015, if section 210 of this Act as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted. “(4) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund annually, as benefits under this title and part A of title XVIII are paid after June 30, Ante, p. 291. 2015, such sums as the Secretary determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lump-sum death payments).” Sec. 323. adoption of child by retired worker (a) Section 202 (d) of the Social Security Act is amended— 72 Stat. 1022. 42 USC 402. (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: Ante, p. 370. “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social 72 Stat. 1022. 42 USC 402. Supra. Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted. Sec. 324. extension of period for filing proof of support and applications for lump-sum death payment (a) Section 202 (p) of the Social Security Act is amended to read as follows: “(p) “Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment In any case in which there is a failure— “(1) to file proof of support under subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(1), or subparagraph (B) of subsection (h)(1). or tinder clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the 64 Stat. 477. 42 USC 301 note. period prescribed by such subparagraph or clause, or “(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security 42 USC 402. Act Amendments of 1950, within the period prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary.” (b) The amendments made by this section shall be effective with respect to (1) applications for lump-sum death payments filed in or after the month in which this Act is enacted, and (2) monthly benefits based on applications filed in or after such month. Sec. 325. treatment of certain royalties for retirement test purposes (a) (1) Subparagraph (B) of section 203 (f)(5) of the Social Security Act is amended to read as follows: 74 Stat. 956. 42 USC 403. “(B) For purposes of this section— “(i) an individual’s net earnings from self-employment for any taxable year shall be determined as provided in section 42 USC 411. 211, except that paragraphs (1), (4), and (5) of section 211(c) shall not apply and the gross income shall be computed by excluding the amounts provided by subparagraph (D), and “(ii) an individual’s net loss from self-employment for any taxable year is the excess of the deductions (plus his distributive share of loss described in section 702(a)(9) of the Internal Revenue Code of 1954) taken into account under 68A Stat. 239. 26 USC 702. clause (i) over the gross income (plus his distributive share of income so described) taken into account under clause (i).” (2) Such section 203(f)(5) is further amended by adding at the end thereof the following new subparagraph: “(D) In the case of an individual— “(i) who has attained the age of 65 on or before the last day of the taxable year, and “(ii) who shows to the satisfaction of the Secretary that lie is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he attained the age of 65 and that the property to which the copyright or patent relates was created by his own personal efforts, there shall be excluded from gross income any such royalties.” (b) The amendments made by subsection (a) shall apply with respect to the computation of net earnings from self-employment and the net loss from self-employment for taxable years beginning after 1964. Sec. 326. amendments preserving relationship between railroad retirement and old-age, survivors, and disability insurance systems (a) Section l(q) of the Railroad Retirement Act of 1937 is amended by striking out “1961” and inserting in lieu thereof “1965”. (b) Section 5(1)(9) of such Act is amended by striking out “after 1958 is.less than $4,800” and inserting in lieu thereof the following: “after 1958 and before 1966 is less than $4,800 or for any calendar year after 1965 is less than $6,600”; and by striking out “and $4,800 for years after 1958”, and inserting in lieu thereof the following: “$4,800 for years after 1958 and before 1966, and $6,600 for years after 1965”. Sec. 327. technical amendment relating to meetings of board of trustees of the old-age, survivors, and disability insurance trust funds Section 201(c) of the Social Security Act is amended by striking out “six months” in the fourth sentence and inserting in lieu thereof “calendar year”. Sec. 328. applications for benefits (a) Section 202(j)(2) of the Social Security Act. is amended to read as follows: “(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a)(1)) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act, (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act before the 53 Stat. 1370. 42 USC 405. date of enactment of this Act. applications as to which there has been no final judicial decision before the date of enactment of this Act. Sec. 329. underpayments Section 204 of the Social Security Act is amended by 42 USC 404. adding at the end thereof the following new subsection: “(d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— “(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same .household with the deceased at the time of his death, or “(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual.” Sec. 330. payments to two or more individuals of the same family Section 205 (n) of the Social Security Act is amended to read as follows: “(n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month.” Sec. 331. validating certificates filed by ministers (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employment 68 Stat. 1088. 26 USC 1402. income in the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(5) Optional provision for certain certificates filed on or before April is, leer.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment income on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— “(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security 64 Stat. 158. 42 USC 405. Act) after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and “(B) a certificate filed after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205 (c)(1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— “(i) the tax under section 1401 in respect to all such individual’s self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967, and “(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section 68A Stat. 819. 26 USC 6611. 26 USC 6401. 6611) is repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph.” (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Revenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) for purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason or the filing of a certificate which is effective under section 1402(e)(5). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state- meats of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any 42 USC 401. prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this Act 74 Stat. 927; 75 Stat. 141. 26 USC 1402. shall be applicable with respect to any certificate filed pursuant thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.” Sec. 333. continuation of widow’s and widower’s insurance benefits after remarriage (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- Ante, pp. 373, 374. ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the Ante, p. 374. provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection Ante, p. 403. (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 72 Stat. 1017. 42 USC 403. 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not Ante, pp. 376, 403; Supra. entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 334. changes in definitions of wife, widow, husband, and widower (a) Section 216(b) of the Social Security Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) was entitled to, or upon appli-cation therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment or age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. 50 Stat. 312. 45 USC 228e. (b) Section 216(c) of such Act, as amended by section 306 of this Ante, p. 373. Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) she was entitled to, or upon application therefor and attainment or the required age (if any) would nave been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end or clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately lief ore the period at the end there or the following: “, or (C) he was entitled to, or on application therefor and attainment of tire required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (e) Section 202(c)(2) is amended by striking out “or” at the end 72 Stat. 1026; Ante, p. 372. 42 USC 402. of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (f) Section 202(f)(2) of such Act is amended by striking out “or” at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 335. reduction of benefits on receipt of workmen’s compensation Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled 70 Stat. 815. 42 USC 423. to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: “Sec. 224. “reduction of benefits based on disability on account of receipt of workmen’s compensation (a) If for any month prior to the month in which an individual attains the age of 62— “(1) such individual is entitled to benefits under section 223, and “(2) such individual is entitled for such month, under a workmen’s compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, 64 Stat. 482. 42 USC 402. the total of his benefits under section 223 for such month and of any benefits under section 202 for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of— “(3) such total of benefits under sections 223 and 202 for such month, and “(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen’s compensation law or plan, exceeds the higher of— “(5) 80 per centum of his ‘average current earnings’, or “(6) the total of such individual’s disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wages and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) induce such total below the sum of— “(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual’s wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and “(8) any increase in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual’s average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total or his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest. “(b) If any periodic benefit under a workmen’s compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). “(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions Ante, p. 363, 378. 70 Stat. 817. 42 USC 422. under such section and under section 222(b). “(d) The reduction of benefits required by this section shall not be made if the workmen’s compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. 70 Stat. 815. 42 USC 423. “(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen’s compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual’s wages and self-employment 64 Stat. 482. 42 USC 402. income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205 (i). 83 Stat. 1371. 42 USC 405. “(f) (1) In the second calendar year after the year in which reduction under this section in the total of an individual’s benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual’s wages and self-employment income. Such redetermined benefit, shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. “(2) In making the redetermination required by paragraph (1), the individual’s average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1. “(g) Whenever a reduction in the total of benefits for any month based on an individual’s wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit.” Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.” Sec. 337. teachers in the state of maine (a) Section 316 of the Social Security Amendments of 1958 72 Stat. 1040; 78 Stat. 240. 42 USC 418 note. is amended by striking out “July 1, 1965” and inserting in lieu thereof “July 1, 1967”. (b) The amendment made by this section shall be effective as of July 1, 1965. Sec. 338. modification of agreement with north dakota and iowa with respect to certain students Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota 64 Stat. 514. 42 USC 418. and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar qua it er in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Sec. 339. qualification of children not qualified under state law (a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following 42 USC 401. the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 340. disclosure, under certain circumstances, to courts and interested welfare agencies of whereabouts of individuals Section 1106 of the Social Security Act is amended by 64 Stat. 559. 42 USC 1306. adding at the end thereof the following new subsection: “(c) (1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, XIV, XVI, or XIX, or participating in the administration of any other State or 42 USC 301 et seq. local public assistance program, for the most recent address of any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary 53 Stat. 1368. 42 USC 405. shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— “(A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, “(B) such child or children are applicants for or recipients of assistance available under such a plan or program, “(C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and “(D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. “(2) A request under paragraph (1) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). “(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. “(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (b) shall apply also with respect to payment under this paragraph.” Sec. 341. additional period for filing ministers certificates (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 71 Stat. 521; 78 Stat. 1076. 26 USC 1402. ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “his second taxable year ending after 1962” and inserting in lieu thereof “his second taxable year ending after 1963”. (b) Section 1402(e)(3) of such Code (relating to effective date of 74 Stat. 926; 78 Stat. 1077. certificate) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years.” (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 26 USC 1402. (e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the 42 USC 401. Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. Sec. 342. rectifying error in interpreting law with respect to certain school employees in alaska For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. Sec. 343. continuation of child’s insurance benefits after adoption by brother or sister (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out “or uncle” and inserting in lieu thereof “uncle, brother, or sister”. (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child’s 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 344. disability insurance benefits for the blind; special provisions (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or “(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in paragraph (1)), not less than one-half (and not less than 6) oi the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.” (b) Section 223(c)(1) of such Act is amended by striking out subparagraph 70 Stat. 815. 42 USC 423. (B) and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or “(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 216(i)(1)), not less than one-half (and not 68 Stat. 1080. 42 USC 416. less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage.” (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence Ante, p. 367. at the end thereof: “No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self-employment Ante, pp. 370, 375, 397; 64 Stat. 482. 42 USC 402. income of such individual.” (d) The first sentence of section 223(c)(2) of such Act (as amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.” (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filed in or after the month in which this Act is enacted.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 339(a) · 79 Stat. 288
Added · 42 U.S.C. § 416(h)
Pub. L. 89–97, § 339(a), added par. (3)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 89–97, § 339(a), added par. (3).
Enacted provision · exact public law section
(a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.”
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(a)(1) · 79 Stat. 288
Substituted · 42 U.S.C. § 416(i)(1)(A)
Pub. L. 89–97, § 303(a)(1), substituted “or has lasted or can be expected to last for a continuous period of not less than 12 months” for “or to be of long-continued and indefinite duration”
Source evidence
Code amendment note
Subsec. (i)(1)(A). Pub. L. 89–97, § 303(a)(1), substituted “or has lasted or can be expected to last for a continuous period of not less than 12 months” for “or to be of long-continued and indefinite duration”.
Enacted provision · exact public law section
(1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(b)(1) · 79 Stat. 288
Struck · 42 U.S.C. § 416(i)(2)
Pub. L. 89–97, § 303(b)(1), struck out sixth sentence providing that: “Any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.”
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 89–97, § 303(b)(1), struck out sixth sentence providing that: “Any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.”
Enacted provision · exact public law section
(1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(b)(1) · 79 Stat. 288
Amended · 42 U.S.C. § 416(i)(2)(A)
Pub. L. 89–97, § 303(b)(1), designated first sentence as subpar. (A)
Source evidence
Code amendment note
Subsec. (i)(2)(A). Pub. L. 89–97, § 303(b)(1), designated first sentence as subpar. (A).
Enacted provision · exact public law section
(1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(b)(1) · 79 Stat. 288
1. Amended · 42 U.S.C. § 416(i)(2)(B)
  Pub. L. 89–97, § 303(b)(1), designated second sentence as subpar. (B)
2. Substituted · 42 U.S.C. § 416(i)(2)(B)
  Pub. L. 89–97, § 303(b)(1), substituted therein “No period of disability” for “No such disability”
3. Struck · 42 U.S.C. § 416(i)(2)(B)
  Pub. L. 89–97, § 303(b)(1), struck out “, while under such disability,” after “unless such individual”
Source evidence
Code amendment note
Subsec. (i)(2)(B). Pub. L. 89–97, § 303(b)(1), designated second sentence as subpar. (B), substituted therein “No period of disability” for “No such disability”, and struck out “, while under such disability,” after “unless such individual”.
Enacted provision · exact public law section
(1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Amended · 42 U.S.C. § 416(i)(2)(C)
  Pub. L. 89–97, §§ 303(b)(1), 304(l), designated third sentence as subpar. (C)
2. Struck · 42 U.S.C. § 416(i)(2)(C)
  Pub. L. 89–97, §§ 303(b)(1), 304(l), struck out “(subject to section 423(a)(3) of this title)” before “begin”
3. Redesignated · 42 U.S.C. § 416(i)(2)(C)
  Pub. L. 89–97, §§ 303(b)(1), 304(l), redesignated cls. (A) and (B) thereof as (i) and (ii); and again struck out “(subject to section 423(a)(3) of this title)” before “begin”, respectively
Source evidence
Code amendment note
Subsec. (i)(2)(C). Pub. L. 89–97, §§ 303(b)(1), 304(l), designated third sentence as subpar. (C), struck out “(subject to section 423(a)(3) of this title)” before “begin”, and redesignated cls. (A) and (B) thereof as (i) and (ii); and again struck out “(subject to section 423(a)(3) of this title)” before “begin”, respectively.
Enacted provision · exact public law
TITLE III— SOCIAL SECURITY AMENDMENTS Sec. 300. short title This title may be cited as the “Old-Age, Survivors, and Old-Age, Survivors, and Disability Insurance Amendments of 1965. Disability Insurance Amendments of 1965”, Sec. 301. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended 72 Stat. 1014. 42 USC 415. by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— ..... $13.48 $40 .... $67 $44.00 $66.00 $13.49 14.00 41 $68 69 45.00 67.69 14,01 14.43 42 70 70 46,00 89.00 14.49 15.00 43 71 72 47.00 70.50 15.01 15,60 44 73 74 48.00 72.00 15.61 16.20 45 75 76 49.00 73.50 16.21 16,84 46 77 78 50.00 75.00 16.85 17.60 47 79 so 51.01 78.60 17.61 18,40 48 81 81 52.00 78.00 18.41 19.24 49 82 83 53.00 79.50 19.25 20.00 50 84 85 54.00 81.00 20.01 20.64 51 85 87 55.00 82.60 20.65 21.28 52 88 89 56.00 84.00 21.29 21.88 53 90 00 57.00 85.80 21.89 22.28 54 91 92 58.00 87.00 22.29 22.68 55 93 94 69.00 88.50 22.69 23.08 56 95 95 00.90 90.00 23.09 23.44 57 97 97 61.00 91.50 23.45 23.76 58 98 99 62.10 93.20 23.77 24.20 59 100 101 63.20 94.80 24.21 24.80 60 102 102 04.20 96.30 24.61 25.00 61 103 104 65.30 98.00 25.01 25.48 62 105 106 00,40 99.60 25.49 25.92 63 107 107 67.50 101.30 25.93 26.40 64 108 109 08.50 102.80 26.41 26.94 65 110 113 69.60 104.40 26.95 27.46 66 111 118 70.70 108.10 27.47 28.00 67 119 122 71.70 107.60 28 01 28.68 68 123 127 72.80 109.20 28.69 29.25 69 128 132 73.90 110.90 29.26 29.68 70 133 136 74.90 112.40 29.69 30.36 71 137 141 76.00 114.00 30.37 30.92 72 142 146 77.10 116.80 30.93 31.36 73 147 150 78.20 120.00 31.37 32.00 74 151 155 79.20 124.00 32.01 32.60 75 156 160 80.30 128.00 32.61 33.20 76 161 164 81.40 131.20 33.21 33.88 77 165 169 82.40 135.20 33,89 34.50 78 170 174 83.50 135.20 34.51 35.00 79 175 178 84.60 142,40 35.01 35.80 80 179 183 85.60 146.40 35.81 36,40 81 IM 188 86.70 150.40 36.41 37.08 82 189 193 87.80 154.40 3ZO9 37.60 83 194 197 88.90 157.60 37,61 38.20 84 198 202 89.90 161.60 38,21 39,12 85 203 207 91.00 165.60 39.13 39.68 86 208 211 92.10 168.80 39.69 40.33 87 212 216 93.10 172.80 40.34 41.12 88 217 221 94.20 176.80 41.13 41.76 89 222 225 95.30 180.00 41.77 42.44 90 226 230 96,30 184.00 42.45 43.20 91 231 235 97.40 188.00 “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— $43.21 $43.76 $92 $238 $239 $98.50 $191.20 43.77 44.44 93 240 244 99.60 195.20 44.45 41.88 94 246 249 100.60 199.20 44.89 45.60 95 250 253 101.70 202.40 96 254 258 102.80 206.40 97 259 263 103.80 210,40 98 204 267 104.90 213.60 99 268 272 100.00 217.60 100 273 277 107.00 221.60 101 278 281 108.00 224,80 102 282 286 109.20 223.80 103 287 291 110.30 232,80 104 292 293 111.30 236.00 105 290 300 112.40 240,00 106 301 305 113.50 244.00 107 306 309 114.50 247.20 108 310 314 115.60 251.20 109 315 319 116.70 255.20 110 320 323 117.70 258.40 111 324 323 118.80 262.40 112 329 333 113.90 266.40 113 334 337 121.00 269.60 114 338 342 122.00 273.60 115 343 347 123.10 277.60 118 348 351 124.20 280.00 117 352 356 125.20 284.80 118 357 361 126.30 288.80 119 362 365 127.40 292.00 120 366 370 128.40 296.00 121 371 375 129.50 298.00 122 376 379 130.50 299.60 123 380 384 131.70 301.00 124 385 389 132.70 303.00 125 390 393 133.80 305.20 126 394 398 134.90 307.20 127 399 403 135.90 309.20 404 407 137.00 310.80 408 412 138.00 312.80 413 417 139.00 314,80 418 421 14(100 316.40 422 426 14L00 318.40 427 431 142.00 320.40 432 436 143.00 322.40 437 440 144.00 32AM 441 445 145,00 320,00 446 450 146.00 328.00 461 454 147.00 329.60 455 450 148.00 331.60 460 464 149.00 333.60 465 468 150.00 335.20 469 473 151.00 337.20 474 478 152.00 339.20 479 482 153.00 340.80 483 487 154.00 342.80 488 492 155,00 344.80 493 496 156.00 346,40 497 501 157.00 348.40 602 506 156.00 350.40 507 510 159.00 352.00 511 516 160.00 354.00 516 520 161.00 356.00 521 524 162.00 357.60 525 529 163.00 359.60 530 534 164.00 361.60 535 638 165,00 363.20 539 543 166.00 365,20 544 548 167.00 387.20 549 550 168.00 368.00” (b) Section 215(c) of such Act is amended to read as follows: 72 Stat. 1016. 42 USC 415. “(c) “Primary Insurance Amount Under 1958 Act, as Modified (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount shall be computed as provided in, and subject to the limitations specified in, (A) this section as in effect prior to the enactment of the Social Security Amendments of 1965, and (B) the applicable provisions of the Social Security Amendments of 1960. 74 Stat. 924. 42 USC 301 note. “(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 of enactment of the Social 64 Stat. 482; 70 Stat. 815. 42 USC 402, 423. 72 Stat. 1017; Post, p. 378. 42 USC 403. Security Amendments of 1965 or who died before such date.” (c) Section 203(a) of such Act is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly benefits under section 202 or 223 for any month which begins after December 1964 and before the enactment of the Social Security Amendments of 1965, on the basis of the wages and self-employment income of such insured individual, such total of benefits for any month occurring after December 1964 shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) (i) with respect to the month in which such Amendments are enacted or any prior month, 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 of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), 70 Stat. 817; 75 Stat. 131. 42 USC 422, 402. as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965), for such month, by 107 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10, and “(ii) with respect to any month after the month in which such Amendments are enacted, 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 of section 222(b), section 202 (q), and subsections (b), (c), and (d) of this section), as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965) for the month of enactment, by 107 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 (B) of this paragraph, and (II) if section 202(k) 64 Stat. 487. 42 USC 402. (2)(A) was applicable in the case of any of such benefits for any such month beginning before the enactment of the Social Secu-rity Amendments of 1965, and ceases to apply 42 USC 402. after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which such section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for such month beginning prior to such enactment.” (d) The amendments made by subsections (a),(b), and (c) of this section shall apply with respect to monthly benefits under title II of the 42 USC 401. Social Security Act for months after December 1964 and with respect to lump-sum death payments under such title in the case of deaths occurring in or after the month in which this Act is enacted. (e) If an individual is entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1964 on the basis of an application filed after enactment of this Act and is entitled to 42 USC 402. old-age insurance benefits under section 202(a) of such Act for January 1965, then, for purposes of section 215(a)(4) of the Social Security 75 Stat. 135; Post, p. 370. 42 USC 415. Ante, p. 361. Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the June 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 his disability insurance benefit. Sec. 302. computation and recomputation of benefits (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Post, p. 365. Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is 74 Stat. 961. 42 USC 415. amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” 64 Stat. 508. after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended 68 Stat. 1066. to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), 64 Stat. 520. 42 USC 405. for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under 64 Stat. 482. 42 USC 402. section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit 42 USC 401. amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of 74 Stat. 963; 68 Stat. 1068. sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after 70 Stat. 815. 42 USC 423. December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed. Sec. 303. disability insurance benefits (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. (2) So much of section 223 (c)(2) of such Act as precedes the second 70 Stat. 815; Post, p. 413. 42 USC 423. sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out 72 Stat. 1021; Post, p. 412. “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended 42 USC 423. Poatt p. 413. by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out 72 Stat. 1020. 42 USC 423. “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended 64 Stat. 487. 42 USC 402. by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the 75 Stat. 135; Post, p. 370. 42 USC 415. amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions Ante, p. 367. of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance 70 Stat. 815. 42 USC 423. benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 53 Stat. 1370. 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for 42 USC 401. monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. Sec. 304. payment of disability insurance benefits after entitlement to other monthly insurance benefits (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following Post, p. 374. new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 305. disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended by inserting “and before January 1, 1966,” after “December 31, 1956,”, and by inserting after “1954,” the following: “and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,”. (b) Section 201(b)(2) of such Act is amended by inserting after “December 31, 1956,” the following: “and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,”. Sec. 306. payment of child’s insurance benefits after attainment of age 18 in case of child attending school (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as 70 Stat. 815. Ante, p. 367. defined in section 223(c)) which began before he attained the age of 18, and”. (b) (1) So much of the first sentence of section 202(d)(1) of such 72 Stat. 1022; Post, p. 307. 42 USC 402. Act as follows subparagraph (C) is amended to read as follows: “shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time “Full-time student”. attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “(a) “Child Aged 18 or Over Attending School (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 42 USC 403. 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as Ante, p. 367. 42 USC 423. defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection 74 Stat. 954, 955; Post, p. 373. 42 USC 403. 72 Stat. 1026–1028. 42 USC 416. (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject 64 Stat. 486; Post, p. 378. 42 USC 402. to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows 72 Stat. 1032. subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of 42 USC 403. such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. Ante, p. 372. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act Past, pp. 404, 405. 42 USC 416. are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— 64 Stat. 482. 42 USC 402. (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section. Ante, p. 370. Sec. 307. reduced benefits for widows at age 60 (a) (1) Paragraph (1)(B) of section 202(e) of the Social Security Act (as amended by section 308(b) of this Act) is amended Post, p. 376. by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Paragraph (2) of such section (as so amended) is amended by striking put “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (b) (1) Paragraph (1) of section 202(g) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, or widow’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(a) 5/9 of 1 percent of such amount if such benefit is an old-age or widow’s insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (2) Paragraph (3)(A)(os renumbered by section 304(c) of this Act) of such section is amended— (A) by striking out “wife’s or husband’s insurance benefit” each place it appears and inserting in lieu thereof “wife’s, husband’s, or widow’s insurance benefit”; and (B) by striking out “age 62” and inserting in lieu thereof “age 62 (in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)”. (3) Paragraph (3)(D)(as so renumbered) of such section is amended by striking out “wife’s or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”. (4) Paragraph (3)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger: “(i) the amount by which (but for this subparagraph) such old-age insurance benefit would have been reduced under paragraph (1), “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection).” (5) Paragraph (5)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(D) No widow’s insurance benefit for a month in which she has in her care a child of her deceased husband (or deceased former husband) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which she would have been entitled had she been entitled for such month to mother’s insurance benefits on the basis of her deceased husband’s (or deceased former husband’s) wages and self-employment income.” (6) Paragraph (6)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; (B) by striking out “or husband’s” in subparagraph (A)(i) and inserting in lieu thereof “, husband’s, or widow’s”; and (C) by striking out “age 65” in subparagraph (B) and inserting in lieu thereof “retirement age”. (7) Paragraph (7)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; and (B) by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a comma, and by adding at the end thereof the following new subparagraphs: “(D) in the case of widow’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D), “(E) in the case of widow’s insurance benefits, any month before the month in which she attained retirement age for which she was not entitled to such benefit because of the occurrence of an event that terminated her entitlement to such benefits, and”. (8) Section 202(a) of such Act (as amended by section 304(c) of this Act) is further amended by adding at the end thereof the Ante, p. 368. following new paragraph: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65 with respect to an old-age, wife’s, or husband’s insurance benefit and age 62 with respect to a widow’s insurance benefit.” (c) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for and after the second month following the month in which this 64 Stat. 482. 42 USC 402. Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 308. wife’s and widow’s benefits for divorced women (a) Section 202 (b) of the Social Security Act is amended to read as follows: “(b) “Wife’s Insurance Benefits (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age Post, p. 377. 42 USC 416. or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she 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 “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. 42 USC 402. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out 41 USC 403. “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out 42 USC 405. “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. Repeal. 42 USC 402. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month 42 USC 401. following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 309. transitional insured status (a) Title II of the Social Security Act is further amended by adding at the end thereof (after the new section 226 added by section 101 of this Act) the following new section: Ante, p. 290. “Sec. 227. “transitional insured status (a) In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 214(a), the 6 quarters of coverage referred to in so much of 75 Stat. 137. 42 USC 414. paragraph (1) of section 214(a) as follows clause (C) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 202(a), and of his wife 42 USC 402. to benefits under section 202(b), but, in the case of such wife, only if. Ante, p. 375. she attains the age of 72 before 1969 and only with respect to wife’s insurance benefits under section 202(b) for and after the month in which she attains such age. For each month before the month in which any such individual meets the requirements of section 214(a), the amount of his old-age insurance benefit shall, notwithstanding the provisions of section 202(a), be $35 and the amount of the wife’s insurance benefit of his wife shall, notwithstanding the provisions of section 202(b), be $17.50. “(b) In the case of any individual who has died, who does not meet the requirements of section 214(a), and whose widow attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 214(a) and in so much of paragraph (1) thereof as follows clause (C) shall, for purposes of determining her entitle- Ante, pp. 376, 377. 42 USC 402. ment to widow’s insurance benefits under section 202 (e), instead be— “(1) 3 quarters of coverage if such widow attains the age of 72 in or before 1966, “(2) 4 quarters of coverage if such widow attains the age of 72 in 1967, or “(3) 5 quarters of coverage if such widow attains the age of 72 in 1968. The amount of her widow’s insurance benefit for each month shall, notwithstanding the provisions of section 202(e)(and section 202 68 Stat. 1073. 42 USC 402. (m)), be $35. “(c) In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 202(a) by reason of the application of subsection (a) of this section, who dies, and whose widow attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such widow to widow’s insurance benefits under section 202(e).” (b) The amendment made by subsection (a) shall apply in the case of monthly benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted. Sec. 310. increase in amount an individual is permitted to earn without suffering full deductions from benefits (a) (1) Paragraphs (1), (3), and (4)(B) of subsection 42 USC 403. (f) of section 203 of the Social Security Act are each amended by striking out “$100” wherever it appears therein and inserting in lieu thereof “$125”. (2) The first sentence of paragraph (3) of such subsection (f) is amended by striking out “$500” each place it appears therein and inserting in lieu thereof “$1,200”. (3) Paragraph (1)(A) of subsection (h) of section 203 of such Act is amended by striking out “$100” and inserting in lieu thereof “$125”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 31, 1965. Sec. 311. coverage for doctors of medicine (a) (1) Section 211(c)(5) of the Social Security Act is amended to read as follows: “(5) The performance of service by an individual in the exercise of bis profession as a Christian Science practitioner.” (2) Section 211 (c) of such Act is further amended by striking out the last two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by Post, p. 381. him under section 1402(e) of the Internal Revenue Code of 1954 is in effect.” (3) Section 210(a)(6)(C)(iv) of such Act is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (4) Section 210(a)(13) of such Act is amended by striking out all 64 Stat. 497; 68 Stat. 1052. 42 USC 410. 70 Stat. 841. 26 USC 1402. that follows the first semicolon. (b) (1) Section 1402(c)(5) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: “(5) the performance of service by an individual in the exercise of his profession as a Christian Science practitioner.” (2) Section 1402(c) of such Code is further amended by striking 68 Stat. 1088. out the last.two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by him under subsection (e) is in effect.” (3) (A) Section 1402(e)(1) of such Code (relating to filing of waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “extended to service” and all that follows and inserting in lieu thereof “extended to service described in subsection (c)(4) or (c)(5) performed by him.” (B) Clause (A) of section 1402(e)(2) of such Code (relating to time for filing waiver certificate) is amended to read as follows: “(A) the due date of the return (including any extension thereof) for his second taxable year ending after 1954 for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or . (4) Section 3121(b)(6)(C)(iv) of such Code (relating to definition 68 Stat. 1092. 26 USC 3121. of employment) is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (5) Section 3121 (b)(13) of such Code is amended by striking out 68A Stat. 422; 68 Stat. 1091. all that follows the first semicolon. (c) The amendments made by paragraphs (1) and (2) of subsection (a), and by paragraphs (1). (2), and (3) of subsection (b), shall apply only with respect to taxable years ending on or after December 31, 1965. The amendments made by paragraphs (3) and (4) of subsection (a), and by paragraphs (4) and (5) of subsection (b), shall apply only with respect to services performed after 1965. Sec. 312. gross income of farmers (a) The second sentence following paragraph (8) in section 211(a) of the Social Security Act is amended by striking out 43 USC 411. “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,000” each place it appears and inserting in lieu thereof “$1,600”. (b) The second sentence following paragraph (9) in section 1402(a) of the Internal Revenue Code of 1954 (relating to net earnings from self-employment) is amended by striking out “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,200” each place it appears and inserting in lieu thereof “$1,600”. (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1965. Sec. 313. coverage of tips (a) (1) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (j), by striking out the period at the end of subsection (k) and inserting in lieu thereof “; or”, and by adding immediately after subsection (k) the following new subsection: “(l) (1) Tips paid in any medium other than cash; “(2) Cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (2) Section 209 of such Act is-further amended by adding at the end thereof the following new paragraph: “For purposes of this title, tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code Post, p. 384. of 1954 or (if no statement including such tips is so furnished) at the time received.” (b) Section 451 of the Internal Revenue Code of 1954 (relating to general rule for taxable year of inclusion) is amended by adding at the end thereof the following new subsection: “(c) Special Rum for Employee Tips.— For purposes of subsection (a), tips included in a written statement furnished an employer by an employee pursuant to section 6053(a) shall be deemed to be received at the time the written statement including such tips is furnished to the employer.” (c) (1) Section 3102 of such Code (relating to deduction of tax from wages) is amended by adding at the end thereof the following new subsection: “(c) Special Rule for Tips.— “(1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. “(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. “(3) The Secretary or his delegate may, under regulations prescribed by him. authorize employers— “(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter of the calendar year, “(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such quarter as if the tips so estimated constituted the actual tips so reported, and “(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. Post, p. 395. “(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.” (2) The second sentence of section 3102 (a) of such Code is amended 68A Stat. 415; 68 Stat. 1093. 26 USC 3102. by inserting before the period at the end thereof the following: “; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to Post, p. 384. 26 USC 3121. which paragraph (12)(B) of section 3121 (a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20”. (3) Section 3121(a) of such Code (relating to definition of wages under the Federal Insurance Contributions Act) is amended by striking out “or” at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; or ”, and by adding after paragraph (11) the following new paragraph: “(12) (A) tips paid in any medium other than cash; “(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (4) Section 3121 of such Code is further amended by adding at the end thereof the following new subsection: “(q) Tips Included for Employee Taxes.— For purposes of this chapter other than for purposes of the taxes imposed by section 3111, Post, p. 396. tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (d) (1) Section 3401 of such Code (relating to definitions for purposes 68A Stat. 455. 26 USC 3401. of collecting income tax at source on wages) is amended by adding at the end thereof the following new subsection: “(f) Tips.— For purposes of subsection (a), the term ‘wages’ “Wages.” includes tips received by an employee in the course of his employment. Such wages shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (2) Section 3401(a) of such Code (relating to definition of wages for purposes of collecting income tax at source) is amended by striking out “r” at the end of paragraph (6) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; or”, and by adding after paragraph (15) the following new paragraph: “(16) (A) as tips in any medium other than cash; “(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (3) Subsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by striking out “subsection (j)” and inserting in lieu thereof “subsections (j) and (k)”. (4) Section 3402(h)(3) of such Code (relating to income tax withholding on basis of average wages) is amended by inserting after “quarter” the first place it appears the following: “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)”. (5) Section 3402 of such Code is further amended by adding at the end thereof the following new subsection: “(k) Tips.— In the case of tips which constitute wages, subsection Infra. (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (16)(B) of section 3401(a) is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20. Such tax shall not at any time be deducted and withheld in an amount which exceeds the aggregate of such wages and funds (including funds Ante, p. 382. Ante, p. 383. 68A Stat. 747. 26 USC 6051. turned over under section 3102(c)(2)) minus any tax required by section 3102(a) to be collected from such wages and funds.” (e) (1) Section 6051(a) of such Code (relating to receipts for employees) is amended by adding at the end thereof the following new sentence: “In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).” (2) (A) Subpart C of part III of subchapter A of chapter 61 of such Code (relating to information regarding wages paid employees) is amended by adding at the end thereof the following new section: “SEC. 6053. REPORTING OF TIPS. “(a) Reports by Employees.— Every employee who, in the course of his employment by an employer, receives in any calendar month tips 26 USC 3121, 3401. which are wages (as defined in section 3121(a) or section 3401(a)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary or his delegate. “(b) Statements Furnished by Employers.— If the tax imposed by section 3101 with respect to tips reported by an employee pursuant Post, p. 395. to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102, the employer shall furnish to the employee 26 USC 3102. a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary or his delegate may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary or his delegate.” (B) Section 6652(b) of such Code (relating to failure to file information 76 Stat. 1057. 26 USC 6652. returns) is amended by inserting after “income tax withheld) the following: “and in the case of each failure to furnish a statement required by section 6053(b)(relating to statements furnished by employers Supra. with respect to tips),”. (C) Section 6674 of such Code (relating to fraudulent statement or 68A Stat. 828. 26 USC 6674. failure to furnish statement to employee) is amended by striking out “6051” each place it appears and inserting in lieu thereof “6051 or 68A Stat. 747. 26 USC 6051. 6053(b)”. (D) The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 6053. Reporting of tips.” (3) Section 6652 of such Code (relating to failure to file certain information returns) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Failure To Report Tips.— In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)), unless Ante, p. 384. 26 USC 3121. it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 with respect to the amount of tips which Post, p. 395. he so failed to report, an amount equal to 50 percent of such tax,” (f) The amendments made by this section shall apply only with respect to tips received by employees after 1965. Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418. Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”. Sec. 316. employees of nonprofit organizations (a) (1) Section 3121(k)(1)(B)(iii) of the Internal Revenue 72 Stat. 1044. 26 USC 3121. Code of 1954 (relating to effective date of exemption of religious, charitable, and certain other organizations) is amended to read as follows: “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed.” (2) The amendment made by paragraph (1) shall apply in the case of any certificate filed under section 3121 (k)(1)(A) of such Code after the date of the enactment of this Act. (b) Section 3121 (k)(1) of such Code (relating to waiver of exemption by religious, charitable, and certain other organizations) is further amended by adding at the end thereof the following new subparagraph: “(H) An organization which files a certificate under subparagraph (A) before 1966 may amend such certificate during 1965 or 1966 to make the certificate effective with the first day of any calendar quarter preceding the quarter for which such certificate originally became effective, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is so amended. If an organization amends its certificate pursuant to the preceding sentence, such amendment shall b effective with respect to the service of individuals who concurred in the filing of such certificate (initially or through the filing of a supplemental list) and who concur in the filing of such amendment. An amendment to a certificate filed pursuant to this subparagraph shall be filed with such official and in such form and manner as may be prescribed by regulations made under this chapter. If an amendment is filed pursuant to this subparagraph— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file tax return), the due date for the return and payment of the tax for any calendar quarter resulting from the filing of such an amendment shall be the last day of the calendar month following the calendar quarter in which the amendment is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of three year’s from such due date.” (c) (1) Section 105(b) of the Social Security Amendments of 1960 is amended to read as follows: “(b) (1) If— “(A) an individual performed service in the employ of an organization with respect to which remuneration was paid before the first day of the calendar quarter in which the organization filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code of 1954, and such service is excepted from employment under section 210(a) 72 Stat. 1035. 42 USC 410. (8)(B) of the Social Security Act, “(B) such service would have constituted employment as defined in section 210 of such Act if the requirements of section 3121(k)(1) of such Code were satisfied, “(C) such organization paid, on or before the due date of the tax return for the calendar quarter before the calendar quarter in which the organization filed a certificate pursuant to section 3121(k)(1) of such Code, any amount, as taxes 72 Stat. 1044. 26 USC 3121. Post, pp. 395, 396. imposed by sections 3101 and 3111 of such Code, with respect to such remuneration paid by the organization to the individual for such service, “(D) such individual, or a fiduciary acting for such individual or his estate, or his survivor (within the meaning of section 205(c)(1)(C) of such Act), requests that such 64 Stat. 518; Ante, p. 379. remuneration be deemed to constitute remuneration for employment for purposes of title II of such Act, and 42 USC 401. “(E) the request is made in such form and manner, and with such official, as may be prescribed by regulations made by the Secretary of Health, Education, and Welfare, then, subject to the conditions stated in paragraphs (2), (3), (4), and (5), the remuneration with respect to which the amount has been paid as taxes shall be deemed to constitute remuneration for employment for purposes of title II of such Act. “(2) Paragraph (1) shall not apply with respect to an individual unless the organization referred to in paragraph (1)(A), on or before the date on which the request described in paragraph (1) is made, has filed a certificate pursuant to section 3121(k)(1) of such Code. “(3) Paragraph (1) shall not apply with respect to an individual who is employed by the organization referred to in paragraph (2) on the date the certificate is filed. “(4) If credit or refund of any portion of the amount referred to in paragraph (1)(C)(other than a credit or refund which would be allowed if the service constituted employment for purposes of chapter 21 of such Code) has been obtained, paragraph (1) shall 68A Stat. 415. 26 USC 3101–3126. 68A Stat. 819. 26 USC 6611. not apply with respect to the individual unless the amount credited or refunded (including any interest under section 6611 of such Code) is repaid before January 1, 1968, or, if later, the first day of the third year after the year in which the organization filed a certificate pursuant to section 3121 (k)(1) of such Code. “(5) Paragraph (1) shall not apply to any service performed for the organization in a period for winch a certificate filed pursuant to section 3121 (k)(1) of such Code is not in effect.” (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. The provisions of section 105(b) of the Social Security Amendments of 1960 which were in 74 Stat. 943. 26 USC 3121 note. effect before the date of the enactment of this Act shall be applicable with respect to any request filed under section 105(b)(1) of such Amendments before such date. Nothing in the preceding sentence shall prevent the filing of a request under section 105(b)(1) of such Amendments as amended by this Act. (d) If— (1) an individual performed service with respect to which remuneration was paid before the date of enactment of this Act by an organization which, before, such date, filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code, (2) such service is excluded from employment under title II of the Social Security Act but would not be excluded therefrom if the requirements of such section 3121 (k)(1) had been met with respect to such service, (3) such service was performed during the period such certificate was in effect, and (4) such individual was listed pursuant to such section 3121 72 Stat. 1044. 26 USC 3121. (k)(1) at any time during such period and before the date of enactment of this Act as an employee who concurred in the filing of such certificate or such individual filed a request for coverage pursuant to section 105(b) of the Social Security Amendments of 74 Stat. 943. 26 USC 3121 note. 1960, as in effect prior to the enactment of this Act (but such listing or request was not effective with respect to the service described above), then, subject to the conditions stated in subparagraphs (B), (C), (D), and (E) of paragraph (1), and paragraph (4), of section 105(b) of the Social Security Amendments of 1960, as amended by this section, the remuneration of such individual which was paid with respect to such excluded service shall be deemed to constitute remuneration for 42 USC 401. employment for purposes of such title II; except that, for purposes of this subsection, in applying subparagraph (C) of paragraph (1) of such section 105(b) the date of enactment of this Act shall be considered to be the date on which the organization filed its certificate under section 3121(k)(1) and any reference, in paragraph (4) of such section, to such paragraph (1) shall be considered a reference to the preceding provisions of this subsection. Sec. 317. coverage of temporary employees of the district of columbia (a) Section 210(a)(7) of the Social Security Act is amended— (1) by striking out “or” at the end of subparagraph (B), (2) by striking out the semicolon at the end of subparagraph (C)(ii) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (C) the following new subparagraph: “(D) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 61 Stat. 727; 63 Stat. 972. 1052), other than as a medical or dental intern or as a medical or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 (relating to certain services not included in definition of employment) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the semicolon at the end of subparagraph (B) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (B) the following new subparagraph: “(C) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 1052), other than as a medical or dental intern or as a medical 61 Stat. 727; 63 Stat. 972. or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (c) (1) Section 3125 of such Code (relating to returns in the case 74 Stat. 939. 26 USC 3125. of governmental employees in Guam and American Samoa) is amended by adding at the end thereof the following new subsection: “(c) District of Columbia.— In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Commissioners of the District of Columbia or by such agents as they may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the Post, p. 396. Post p. 393. $6,600 limitation in section 3121(a)(1).” (2) The heading of such section 3125 is amended by striking out “AND AMERICAN SAMOA” and inserting in lieu thereof “, AMERICAN SAMOA AND THE DISTRICT OF COLUMBIA” (3) The table of sections for subchapter C of chapter 21 of such Code (relating to general provisions for Federal Insurance Contributions Act) is amended by striking out “Sec. 3125. Returns in the ease of governmental employees in Guam and American Samoa.” and inserting in lieu thereof “Sec. 3125. Returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia.” (d) Section 6205(a) of such Code (relating to adjustment of tax) 68A Stat. 768; 74 Stat. 940. 26 USC 6205. is amended by adding at the end thereof the following new paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be deemed a separate employer.” (e) Section 6413(a) of such Code (relating to adjustment of certain 68A Stat. 797; 74 Stat. 940. 26 USC 6413. employment taxes) is amended by adding at the end thereof the following paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes 74 Stat. 939. 26 USC 3125. 68A Stat. 797. 26 USC 6413. a return pursuant to section 3125 shall be deemed a separate employer.” (f) (1) Section 6413(c)(2) of such Code (relating to applicability of special refunds to certain employment taxes) is amended by adding at the end thereof the following new subparagraph: “(F) Governmental employees in the district of Columbia.— In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Commissioners of the District of Columbia and each agent designated by them who makes Ante, p. 389. a return pursuant to section 3125(c) shall, for purposes of this subsection, be deemed a separate employer.” (2) The heading of such section 6413(c)(2) is amended by striking out “and american samoa” and inserting in. lieu thereof “, american samoa, and the district of columbia”. (g) The amendments made by this section shall apply with respect to service performed after the calendar quarter in which this section is enacted and after the calendar quarter in which the Secretary of the Treasury receives a certification from the Commissioners of the District of Columbia expressing their desire to have the insurance system established by title II (and part A of title XVIII) of the Social 42 USC 401; Ante, p. 291. Security Act extended to the officers and employees coming under the provisions of such amendments. Sec. 318. coverage for certain additional hospital employees in california Section 102(k) of the Social Security Amendments of 1960 is amended by inserting “(1)” immediately after “(k)”, and by adding at the end thereof the following new paragraph: “(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after December 31, 1959, is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after January 1, 1962, and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by Post, pp. 395, 396. 68A Stat. 415. 26 USC 3101–3126. sections 3101 and 3111 of the Internal Revenue Code of 1954 if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph, been paid.” Sec. 319. tax exemption for religious groups opposed to insurance (a) Subsection (c) of section 1402 of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) the performance of service by an individual during the period for which an exemption under subsection (h) is effective with respect to him.” (b) Subsection (c) of section 211 of the Social Security Act is 64 Stat. 5O2. 42 USC 411. amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) The performance of service by an individual during the period for which an exemption under section 1402(h) of the Internal Revenue Code of 1954 is effective with respect to him.” (c) Section 1402 of the Internal Revenue Code of 1954 is further 68A Stat. 353. 26 USC 1402. amended by adding at the end thereof the following new subsection: “(h) Members of Certain Religious Faiths.— “(1) Exemption.— Any individual may file an application (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) for an exemption from the tax imposed by this chapter if he is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division by reason of which he is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act). Such exemption may be granted only if the application 49 Stat. 620. 42 USC 1305. contains or is accompanied by— “(A) such evidence of such individual’s membership in, and adherence to the tenets or teachings of, the sect or division thereof as the Secretary or his delegate may require for purposes of determining such individual’s compliance with the preceding sentence, and “(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis 42 USC 401; Ante, p. 291. of his wages and self-employment income as well as all such benefits and other payments to him on the basis of the wages and self-employment income of any other person, and only if the Secretary of Health, Education, and Welfare finds that— “(C) such sect or division thereof has the established tenets or teachings referred to in the preceding sentence, “(D) it is the practice, and has been for a period of time which he deems to be substantial, for members of such sect or division thereof to make provision for their dependent members which in his judgment is reasonable in view of their general level of living, and “(E) such sect or division thereof has been in existence at all times since December 31, 1950. An exemption may not be granted to any individual if any benefit or other payment referred to in subparagraph (B) became payable (or, but for section 203 or 222(b) of the Social Security Act, 53 Stat. 1367; 72 Stat. 1032. 42 USC 403, 422. would have become payable) at or before the time of the filing of such waiver. “(2) Time for filing application.— For purposes of this subsection, an application must be filed— “(A) In the case of an individual who has self-employment income (determined without regard to this subsection and subsection (c)(6)) for any taxable year ending before Ante, p. 390. December 31, 1965, on or before April 15, 1966, and “(B) In any other case, on or before the time prescribed for filing the return (including any extension thereof) for the first taxable year ending on or after December 31, 1965, for which he has self-employment income (as so determined). “(3) Period for which exemption effective.— An exemption granted to any individual pursuant to this subsection shall apply with respect to all taxable years beginning after December 31, 1950, except that such exemption shall not apply for any taxable year— “(A) beginning (i) before the taxable year in which such individual first met the requirements of the first sentence of paragraph (1), or (ii) before the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which such individual is a member met the requirements of subparagraphs (C) and (D), or “(B) ending (i) after the time such individual ceases to meet the requirements of the first sentence of paragraph (1), or (ii) after the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which he is a member ceases to meet the requirements of subparagraph (C) or (D). “(4) Application by fiduciaries or survivors.— In any case where an individual who has self-employment income dies before the expiration of the time prescribed by paragraph (2) for filing an application for exemption pursuant to this subsection, such an application may be filed with respect to such individual within such time by a fiduciary acting for such individual’s estate or by such individual’s survivor (within the meaning of section 205 64 Stat. 518. 42 USC 405. 64 Stat. 482; 70 Stat. 838. 42 USC 402. (c)(1)(C) of the Social Security Act).” (d) Section 202 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(v) “Waiver of Benefits Notwithstanding any other provisions of this title, in the case of any individual who files a waiver pursuant to section 1402(h) Ante, p. 391. of the Internal Revenue Code of 1954 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this title to him, no payments shall be made on his behalf under part A Ante, p. 291. of title XVIII, and no benefits or other payments under this title shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver; except that, if thereafter such individual’s tax exemption under such section 1402(h) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this title and part A of title XVIII to the extent, based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year.” (e) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1950. For such purpose, 68A Stat. 353. 26 USC 1401–1403. chapter 2 of the Internal Revenue Code of 1954 shall be treated as applying to all taxable years beginning after such date. (f) If refund or credit of any overpayment resulting from the enactment of this section is prevented on the date of the enactment of this Act or at any time on or before April 15, 1966, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed on or before April 15, 1966. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section. Sec. 320. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(3) of the Social Security Act 72 Stat. 1019. 42 USC 409. is amended by inserting “and prior to 1966” after “1958”, (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(4) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(C) of such Act is amended by inserting 42 USC 411. “and prior to 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(D) For any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking 72 Stat. 1019; 74 Stat. 949. 42 USC 413. out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965”. (4) Section 215(e)(1) of such Act is amended by striking out “and 42 USC 415. the excess over $4,800 in the case of any calendar year after 1958” and inserting in lieu thereof “the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965”. (b) (1) (A) Section 1402(b)(1)(C) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 26 USC 1402. by inserting “and before 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402(b)(1) of such Code is further amended by adding at the end thereof the following new subparagraph: “(D) for any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of 68A Stat. 417; 72 Stat. 1042. 26 USC 3121. wages) is amended by striking out “$4,800” each place it appears and inserting in lieu thereof “$6,600”. (3) The second sentence of section 3122 of such Code (relating to 26 USC 3122. Federal service) is amended by striking out “$4,800” and inserting in lieu thereof “$6,600”. (4) Section 3125 of such Code (relating to returns in the case of 74 Stat. 939. 26 USC 3125. governmental employees in Guam and American Samoa) is amended by striking out “$4,800” where it appears in subsections (a) and (b) and inserting in lieu thereof “$6,600”. (5) Section 6413(c)(1) of such Code (relating to special refunds 72 Stat. 1043. 26 USC 6413. of employment taxes) is amended— (A) by inserting “and prior to the calendar year 1966” after “the calendar year 1958”; (B) by inserting after “exceed $4,800,” the following: “or (C) during any calendar year after the calendar year 1965, the wages received by him during such year exceed $6,600”. (C) by inserting before the period at the end thereof the following: “and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $4,800 for any calendar year after 1958” and inserting in lieu thereof “$4,800 for the calendar year 1959, 1960, 1961, 1962, 1963, 1964, or 1965, or $6,600 for any calendar year after 1965”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1965. Sec. 321. changes in tax schedules (a) Section 1401 of the Internal Revenue Code of 1954 (relating to rate of tax under the Self-Employment Contributions Act) is amended to read as follows: “SEC. 1401. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1969, the tax shall be equal to 5.9 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1973, the tax shall be equal to 6.6 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 0.35 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1973, the tax shall be equal to 0.50 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax snail be equal to 0.55 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; and “(6) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year. For purposes of the tax imposed by this subsection, the exclusion of employee representatives by section 1402(c)(3) shall not apply.” 68A Stat. 355. 26 USC 1402. 75 Stat. 141. 26 USC 3101. (b) Section 3101 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3101. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment 68A Stat. 417. 26 USC 3121. (as defined in section 3121 (b))— “(1) with respect to wages received during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages received during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages received during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages received during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages received during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; and “(6) with respect to wages received after December 31, 1986, the rate shall be 0,80 percent.” (c) Section 3111 of the Internal Revenue Code of 1954 (relating to rate of tax on employers under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3111. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 68A Stat. 417. 26 USC 3121. the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages paid during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages paid during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 3121 (a)) paid by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages paid during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; “(6) with respect to wages paid after December 31, 1986, the rate shall be 0.80 percent.” (d) The amendments made by subsection (a) shall apply only with respect to taxable years beginning after December 31, 1965. The amendments made by subsections (b) and (c) shall apply only with respect to remuneration paid after December 31, 1965. Sec. 322. reimbursement of trust-funds for cost of noncontributory military service credits Section 217 (g) of the Social Security Act is amended to read as follows: “(g) (1) In September 1965, and in every fifth September thereafter up to and including September 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the July 1 following the determination in the case of all other such determinations, and ending with tie close of June 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of June 30, Ante, p. 299. 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social Security 42 USC 410. 64 Stat. 477. 42 USC 301 note. 70 Stat. 819. 42 USC 401. Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which such determination is made. “(2) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund— “(A) for the fiscal year ending June 30, 1966. an amount equal to the amount determined under paragraph (1) in September 1965, and “(B) for each fiscal year in the period beginning with July 1, 1966, and ending with the close of June 30, 2015, an amount equal to the annual installment for such fiscal year under the most recent determination under paragraph (1) which precedes such fiscal year. “(3) For the fiscal year ending June 30, 2016, there is authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund such sums as the Secretary determines would place toe Trust Funds and the Federal Hospital Insurance Trust Fund in the same position in which they would have been at the close of June 30, 2015, if section 210 of this Act as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted. “(4) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund annually, as benefits under this title and part A of title XVIII are paid after June 30, Ante, p. 291. 2015, such sums as the Secretary determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lump-sum death payments).” Sec. 323. adoption of child by retired worker (a) Section 202 (d) of the Social Security Act is amended— 72 Stat. 1022. 42 USC 402. (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: Ante, p. 370. “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social 72 Stat. 1022. 42 USC 402. Supra. Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted. Sec. 324. extension of period for filing proof of support and applications for lump-sum death payment (a) Section 202 (p) of the Social Security Act is amended to read as follows: “(p) “Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment In any case in which there is a failure— “(1) to file proof of support under subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(1), or subparagraph (B) of subsection (h)(1). or tinder clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the 64 Stat. 477. 42 USC 301 note. period prescribed by such subparagraph or clause, or “(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security 42 USC 402. Act Amendments of 1950, within the period prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary.” (b) The amendments made by this section shall be effective with respect to (1) applications for lump-sum death payments filed in or after the month in which this Act is enacted, and (2) monthly benefits based on applications filed in or after such month. Sec. 325. treatment of certain royalties for retirement test purposes (a) (1) Subparagraph (B) of section 203 (f)(5) of the Social Security Act is amended to read as follows: 74 Stat. 956. 42 USC 403. “(B) For purposes of this section— “(i) an individual’s net earnings from self-employment for any taxable year shall be determined as provided in section 42 USC 411. 211, except that paragraphs (1), (4), and (5) of section 211(c) shall not apply and the gross income shall be computed by excluding the amounts provided by subparagraph (D), and “(ii) an individual’s net loss from self-employment for any taxable year is the excess of the deductions (plus his distributive share of loss described in section 702(a)(9) of the Internal Revenue Code of 1954) taken into account under 68A Stat. 239. 26 USC 702. clause (i) over the gross income (plus his distributive share of income so described) taken into account under clause (i).” (2) Such section 203(f)(5) is further amended by adding at the end thereof the following new subparagraph: “(D) In the case of an individual— “(i) who has attained the age of 65 on or before the last day of the taxable year, and “(ii) who shows to the satisfaction of the Secretary that lie is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he attained the age of 65 and that the property to which the copyright or patent relates was created by his own personal efforts, there shall be excluded from gross income any such royalties.” (b) The amendments made by subsection (a) shall apply with respect to the computation of net earnings from self-employment and the net loss from self-employment for taxable years beginning after 1964. Sec. 326. amendments preserving relationship between railroad retirement and old-age, survivors, and disability insurance systems (a) Section l(q) of the Railroad Retirement Act of 1937 is amended by striking out “1961” and inserting in lieu thereof “1965”. (b) Section 5(1)(9) of such Act is amended by striking out “after 1958 is.less than $4,800” and inserting in lieu thereof the following: “after 1958 and before 1966 is less than $4,800 or for any calendar year after 1965 is less than $6,600”; and by striking out “and $4,800 for years after 1958”, and inserting in lieu thereof the following: “$4,800 for years after 1958 and before 1966, and $6,600 for years after 1965”. Sec. 327. technical amendment relating to meetings of board of trustees of the old-age, survivors, and disability insurance trust funds Section 201(c) of the Social Security Act is amended by striking out “six months” in the fourth sentence and inserting in lieu thereof “calendar year”. Sec. 328. applications for benefits (a) Section 202(j)(2) of the Social Security Act. is amended to read as follows: “(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a)(1)) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act, (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act before the 53 Stat. 1370. 42 USC 405. date of enactment of this Act. applications as to which there has been no final judicial decision before the date of enactment of this Act. Sec. 329. underpayments Section 204 of the Social Security Act is amended by 42 USC 404. adding at the end thereof the following new subsection: “(d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— “(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same .household with the deceased at the time of his death, or “(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual.” Sec. 330. payments to two or more individuals of the same family Section 205 (n) of the Social Security Act is amended to read as follows: “(n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month.” Sec. 331. validating certificates filed by ministers (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employment 68 Stat. 1088. 26 USC 1402. income in the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(5) Optional provision for certain certificates filed on or before April is, leer.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment income on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— “(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security 64 Stat. 158. 42 USC 405. Act) after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and “(B) a certificate filed after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205 (c)(1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— “(i) the tax under section 1401 in respect to all such individual’s self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967, and “(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section 68A Stat. 819. 26 USC 6611. 26 USC 6401. 6611) is repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph.” (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Revenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) for purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason or the filing of a certificate which is effective under section 1402(e)(5). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state- meats of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any 42 USC 401. prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this Act 74 Stat. 927; 75 Stat. 141. 26 USC 1402. shall be applicable with respect to any certificate filed pursuant thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.” Sec. 333. continuation of widow’s and widower’s insurance benefits after remarriage (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- Ante, pp. 373, 374. ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the Ante, p. 374. provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection Ante, p. 403. (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 72 Stat. 1017. 42 USC 403. 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not Ante, pp. 376, 403; Supra. entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 334. changes in definitions of wife, widow, husband, and widower (a) Section 216(b) of the Social Security Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) was entitled to, or upon appli-cation therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment or age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. 50 Stat. 312. 45 USC 228e. (b) Section 216(c) of such Act, as amended by section 306 of this Ante, p. 373. Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) she was entitled to, or upon application therefor and attainment or the required age (if any) would nave been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end or clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately lief ore the period at the end there or the following: “, or (C) he was entitled to, or on application therefor and attainment of tire required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (e) Section 202(c)(2) is amended by striking out “or” at the end 72 Stat. 1026; Ante, p. 372. 42 USC 402. of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (f) Section 202(f)(2) of such Act is amended by striking out “or” at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 335. reduction of benefits on receipt of workmen’s compensation Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled 70 Stat. 815. 42 USC 423. to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: “Sec. 224. “reduction of benefits based on disability on account of receipt of workmen’s compensation (a) If for any month prior to the month in which an individual attains the age of 62— “(1) such individual is entitled to benefits under section 223, and “(2) such individual is entitled for such month, under a workmen’s compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, 64 Stat. 482. 42 USC 402. the total of his benefits under section 223 for such month and of any benefits under section 202 for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of— “(3) such total of benefits under sections 223 and 202 for such month, and “(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen’s compensation law or plan, exceeds the higher of— “(5) 80 per centum of his ‘average current earnings’, or “(6) the total of such individual’s disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wages and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) induce such total below the sum of— “(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual’s wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and “(8) any increase in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual’s average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total or his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest. “(b) If any periodic benefit under a workmen’s compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). “(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions Ante, p. 363, 378. 70 Stat. 817. 42 USC 422. under such section and under section 222(b). “(d) The reduction of benefits required by this section shall not be made if the workmen’s compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. 70 Stat. 815. 42 USC 423. “(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen’s compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual’s wages and self-employment 64 Stat. 482. 42 USC 402. income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205 (i). 83 Stat. 1371. 42 USC 405. “(f) (1) In the second calendar year after the year in which reduction under this section in the total of an individual’s benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual’s wages and self-employment income. Such redetermined benefit, shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. “(2) In making the redetermination required by paragraph (1), the individual’s average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1. “(g) Whenever a reduction in the total of benefits for any month based on an individual’s wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit.” Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.” Sec. 337. teachers in the state of maine (a) Section 316 of the Social Security Amendments of 1958 72 Stat. 1040; 78 Stat. 240. 42 USC 418 note. is amended by striking out “July 1, 1965” and inserting in lieu thereof “July 1, 1967”. (b) The amendment made by this section shall be effective as of July 1, 1965. Sec. 338. modification of agreement with north dakota and iowa with respect to certain students Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota 64 Stat. 514. 42 USC 418. and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar qua it er in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Sec. 339. qualification of children not qualified under state law (a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following 42 USC 401. the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 340. disclosure, under certain circumstances, to courts and interested welfare agencies of whereabouts of individuals Section 1106 of the Social Security Act is amended by 64 Stat. 559. 42 USC 1306. adding at the end thereof the following new subsection: “(c) (1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, XIV, XVI, or XIX, or participating in the administration of any other State or 42 USC 301 et seq. local public assistance program, for the most recent address of any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary 53 Stat. 1368. 42 USC 405. shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— “(A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, “(B) such child or children are applicants for or recipients of assistance available under such a plan or program, “(C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and “(D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. “(2) A request under paragraph (1) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). “(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. “(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (b) shall apply also with respect to payment under this paragraph.” Sec. 341. additional period for filing ministers certificates (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 71 Stat. 521; 78 Stat. 1076. 26 USC 1402. ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “his second taxable year ending after 1962” and inserting in lieu thereof “his second taxable year ending after 1963”. (b) Section 1402(e)(3) of such Code (relating to effective date of 74 Stat. 926; 78 Stat. 1077. certificate) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years.” (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 26 USC 1402. (e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the 42 USC 401. Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. Sec. 342. rectifying error in interpreting law with respect to certain school employees in alaska For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. Sec. 343. continuation of child’s insurance benefits after adoption by brother or sister (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out “or uncle” and inserting in lieu thereof “uncle, brother, or sister”. (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child’s 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 344. disability insurance benefits for the blind; special provisions (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or “(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in paragraph (1)), not less than one-half (and not less than 6) oi the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.” (b) Section 223(c)(1) of such Act is amended by striking out subparagraph 70 Stat. 815. 42 USC 423. (B) and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or “(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 216(i)(1)), not less than one-half (and not 68 Stat. 1080. 42 USC 416. less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage.” (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence Ante, p. 367. at the end thereof: “No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self-employment Ante, pp. 370, 375, 397; 64 Stat. 482. 42 USC 402. income of such individual.” (d) The first sentence of section 223(c)(2) of such Act (as amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.” (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filed in or after the month in which this Act is enacted.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(b)(1) · 79 Stat. 288
1. Amended · 42 U.S.C. § 416(i)(2)(D)
  Pub. L. 89–97, § 303(b)(1), designated fourth sentence as subpar. (D)
2. Substituted · 42 U.S.C. § 416(i)(2)(D)
  Pub. L. 89–97, § 303(b)(1), substituted “the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases” for “the close of the last day of the month preceding which of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases”
Source evidence
Code amendment note
Subsec. (i)(2)(D). Pub. L. 89–97, § 303(b)(1), designated fourth sentence as subpar. (D), substituted “the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases” for “the close of the last day of the month preceding which of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases”.
Enacted provision · exact public law section
(1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(b)(1) · 79 Stat. 288
1. Amended · 42 U.S.C. § 416(i)(2)(E)
  Pub. L. 89–97, § 303(b)(1), designated fifth sentence as subpar. (E)
2. Substituted · 42 U.S.C. § 416(i)(2)(E)
  Pub. L. 89–97, § 303(b)(1), substituted “12 months” for “three months”
3. Substituted · 42 U.S.C. § 416(i)(2)(E)
  Pub. L. 89–97, § 303(b)(1), substituted “after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph)” for “before the first day on which a period of disability can begin (as determined under this paragraph), or, in any case in which clause (ii) of section 423(a)(1) of this title is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 423 of this title,”
4. Struck · 42 U.S.C. § 416(i)(2)(E)
  Pub. L. 89–97, § 303(b)(1), struck out “, and no such application which is filed prior to January 1, 1955, shall be accepted” after “for purposes of this paragraph”
Source evidence
Code amendment note
Subsec. (i)(2)(E). Pub. L. 89–97, § 303(b)(1), designated fifth sentence as subpar. (E), substituted “12 months” for “three months” and “after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph)” for “before the first day on which a period of disability can begin (as determined under this paragraph), or, in any case in which clause (ii) of section 423(a)(1) of this title is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 423 of this title,”, and struck out “, and no such application which is filed prior to January 1, 1955, shall be accepted” after “for purposes of this paragraph”.
Enacted provision · exact public law section
(1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 328(b) · 79 Stat. 288
Added · 42 U.S.C. § 416(i)(2)(F)
Pub. L. 89–97, § 328(b), added subpar. (F)
Source evidence
Code amendment note
Subsec. (i)(2)(F). Pub. L. 89–97, § 328(b), added subpar. (F).
Enacted provision · exact public law section
(b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.”
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Substituted · 42 U.S.C. § 416(i)(3)
  Pub. L. 89–97, §§ 303(b)(2), 344(a), substituted “clauses (i) and (ii) of paragraph (2)(C)” for “clauses (A) and (B) of paragraph (2)”, removed from existing subpar. (B) provision prohibiting the inclusion, as part of such 40-quarter period, of any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage
2. Amended · 42 U.S.C. § 416(i)(3)
  Pub. L. 89–97, §§ 303(b)(2), 344(a), designated such subpar., as so amended, as subpar. (B)(i)
3. Added · 42 U.S.C. § 416(i)(3)
  Pub. L. 89–97, §§ 303(b)(2), 344(a), added subpar. (B)(ii), and, in the material following subpar. (B)(ii)
4. Inserted · 42 U.S.C. § 416(i)(3)
  Pub. L. 89–97, §§ 303(b)(2), 344(a), inserted provision prohibiting inclusion of any quarter as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage and calling for reduction by one of the number of quarters in any period whenever such number of quarters is an odd number, respectively
Source evidence
Code amendment note
Subsec. (i)(3). Pub. L. 89–97, §§ 303(b)(2), 344(a), substituted “clauses (i) and (ii) of paragraph (2)(C)” for “clauses (A) and (B) of paragraph (2)”, removed from existing subpar. (B) provision prohibiting the inclusion, as part of such 40-quarter period, of any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage, and designated such subpar., as so amended, as subpar. (B)(i), added subpar. (B)(ii), and, in the material following subpar. (B)(ii), inserted provision prohibiting inclusion of any quarter as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage and calling for reduction by one of the number of quarters in any period whenever such number of quarters is an odd number, respectively.
Enacted provision · exact public law
TITLE III— SOCIAL SECURITY AMENDMENTS Sec. 300. short title This title may be cited as the “Old-Age, Survivors, and Old-Age, Survivors, and Disability Insurance Amendments of 1965. Disability Insurance Amendments of 1965”, Sec. 301. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended 72 Stat. 1014. 42 USC 415. by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— ..... $13.48 $40 .... $67 $44.00 $66.00 $13.49 14.00 41 $68 69 45.00 67.69 14,01 14.43 42 70 70 46,00 89.00 14.49 15.00 43 71 72 47.00 70.50 15.01 15,60 44 73 74 48.00 72.00 15.61 16.20 45 75 76 49.00 73.50 16.21 16,84 46 77 78 50.00 75.00 16.85 17.60 47 79 so 51.01 78.60 17.61 18,40 48 81 81 52.00 78.00 18.41 19.24 49 82 83 53.00 79.50 19.25 20.00 50 84 85 54.00 81.00 20.01 20.64 51 85 87 55.00 82.60 20.65 21.28 52 88 89 56.00 84.00 21.29 21.88 53 90 00 57.00 85.80 21.89 22.28 54 91 92 58.00 87.00 22.29 22.68 55 93 94 69.00 88.50 22.69 23.08 56 95 95 00.90 90.00 23.09 23.44 57 97 97 61.00 91.50 23.45 23.76 58 98 99 62.10 93.20 23.77 24.20 59 100 101 63.20 94.80 24.21 24.80 60 102 102 04.20 96.30 24.61 25.00 61 103 104 65.30 98.00 25.01 25.48 62 105 106 00,40 99.60 25.49 25.92 63 107 107 67.50 101.30 25.93 26.40 64 108 109 08.50 102.80 26.41 26.94 65 110 113 69.60 104.40 26.95 27.46 66 111 118 70.70 108.10 27.47 28.00 67 119 122 71.70 107.60 28 01 28.68 68 123 127 72.80 109.20 28.69 29.25 69 128 132 73.90 110.90 29.26 29.68 70 133 136 74.90 112.40 29.69 30.36 71 137 141 76.00 114.00 30.37 30.92 72 142 146 77.10 116.80 30.93 31.36 73 147 150 78.20 120.00 31.37 32.00 74 151 155 79.20 124.00 32.01 32.60 75 156 160 80.30 128.00 32.61 33.20 76 161 164 81.40 131.20 33.21 33.88 77 165 169 82.40 135.20 33,89 34.50 78 170 174 83.50 135.20 34.51 35.00 79 175 178 84.60 142,40 35.01 35.80 80 179 183 85.60 146.40 35.81 36,40 81 IM 188 86.70 150.40 36.41 37.08 82 189 193 87.80 154.40 3ZO9 37.60 83 194 197 88.90 157.60 37,61 38.20 84 198 202 89.90 161.60 38,21 39,12 85 203 207 91.00 165.60 39.13 39.68 86 208 211 92.10 168.80 39.69 40.33 87 212 216 93.10 172.80 40.34 41.12 88 217 221 94.20 176.80 41.13 41.76 89 222 225 95.30 180.00 41.77 42.44 90 226 230 96,30 184.00 42.45 43.20 91 231 235 97.40 188.00 “I II III IV V (Primary insurance benefit under 1939 Act, as modified); (Primary insurance amount under 1958 Act, as modified) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary Insurance amount (as determined under subsec. (c)) is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to In the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided In sec. 203(a)) on the basis of his wages and self-employment fir come shall be— At least— But not more than— At least— But not more than— $43.21 $43.76 $92 $238 $239 $98.50 $191.20 43.77 44.44 93 240 244 99.60 195.20 44.45 41.88 94 246 249 100.60 199.20 44.89 45.60 95 250 253 101.70 202.40 96 254 258 102.80 206.40 97 259 263 103.80 210,40 98 204 267 104.90 213.60 99 268 272 100.00 217.60 100 273 277 107.00 221.60 101 278 281 108.00 224,80 102 282 286 109.20 223.80 103 287 291 110.30 232,80 104 292 293 111.30 236.00 105 290 300 112.40 240,00 106 301 305 113.50 244.00 107 306 309 114.50 247.20 108 310 314 115.60 251.20 109 315 319 116.70 255.20 110 320 323 117.70 258.40 111 324 323 118.80 262.40 112 329 333 113.90 266.40 113 334 337 121.00 269.60 114 338 342 122.00 273.60 115 343 347 123.10 277.60 118 348 351 124.20 280.00 117 352 356 125.20 284.80 118 357 361 126.30 288.80 119 362 365 127.40 292.00 120 366 370 128.40 296.00 121 371 375 129.50 298.00 122 376 379 130.50 299.60 123 380 384 131.70 301.00 124 385 389 132.70 303.00 125 390 393 133.80 305.20 126 394 398 134.90 307.20 127 399 403 135.90 309.20 404 407 137.00 310.80 408 412 138.00 312.80 413 417 139.00 314,80 418 421 14(100 316.40 422 426 14L00 318.40 427 431 142.00 320.40 432 436 143.00 322.40 437 440 144.00 32AM 441 445 145,00 320,00 446 450 146.00 328.00 461 454 147.00 329.60 455 450 148.00 331.60 460 464 149.00 333.60 465 468 150.00 335.20 469 473 151.00 337.20 474 478 152.00 339.20 479 482 153.00 340.80 483 487 154.00 342.80 488 492 155,00 344.80 493 496 156.00 346,40 497 501 157.00 348.40 602 506 156.00 350.40 507 510 159.00 352.00 511 516 160.00 354.00 516 520 161.00 356.00 521 524 162.00 357.60 525 529 163.00 359.60 530 534 164.00 361.60 535 638 165,00 363.20 539 543 166.00 365,20 544 548 167.00 387.20 549 550 168.00 368.00” (b) Section 215(c) of such Act is amended to read as follows: 72 Stat. 1016. 42 USC 415. “(c) “Primary Insurance Amount Under 1958 Act, as Modified (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance amount shall be computed as provided in, and subject to the limitations specified in, (A) this section as in effect prior to the enactment of the Social Security Amendments of 1965, and (B) the applicable provisions of the Social Security Amendments of 1960. 74 Stat. 924. 42 USC 301 note. “(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 of enactment of the Social 64 Stat. 482; 70 Stat. 815. 42 USC 402, 423. 72 Stat. 1017; Post, p. 378. 42 USC 403. Security Amendments of 1965 or who died before such date.” (c) Section 203(a) of such Act is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly benefits under section 202 or 223 for any month which begins after December 1964 and before the enactment of the Social Security Amendments of 1965, on the basis of the wages and self-employment income of such insured individual, such total of benefits for any month occurring after December 1964 shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) (i) with respect to the month in which such Amendments are enacted or any prior month, 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 of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), 70 Stat. 817; 75 Stat. 131. 42 USC 422, 402. as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965), for such month, by 107 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10, and “(ii) with respect to any month after the month in which such Amendments are enacted, 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 of section 222(b), section 202 (q), and subsections (b), (c), and (d) of this section), as in effect prior to the enactment of such Amendments, for each such person (other than a person who would not be entitled to such benefits for such month without the application of the amendments made by section 306 of the Social Security Amendments of 1965) for the month of enactment, by 107 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 (B) of this paragraph, and (II) if section 202(k) 64 Stat. 487. 42 USC 402. (2)(A) was applicable in the case of any of such benefits for any such month beginning before the enactment of the Social Secu-rity Amendments of 1965, and ceases to apply 42 USC 402. after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which such section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for such month beginning prior to such enactment.” (d) The amendments made by subsections (a),(b), and (c) of this section shall apply with respect to monthly benefits under title II of the 42 USC 401. Social Security Act for months after December 1964 and with respect to lump-sum death payments under such title in the case of deaths occurring in or after the month in which this Act is enacted. (e) If an individual is entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1964 on the basis of an application filed after enactment of this Act and is entitled to 42 USC 402. old-age insurance benefits under section 202(a) of such Act for January 1965, then, for purposes of section 215(a)(4) of the Social Security 75 Stat. 135; Post, p. 370. 42 USC 415. Ante, p. 361. Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the amount in such column on the June 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 his disability insurance benefit. Sec. 302. computation and recomputation of benefits (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Post, p. 365. Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is 74 Stat. 961. 42 USC 415. amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” 64 Stat. 508. after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended 68 Stat. 1066. to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), 64 Stat. 520. 42 USC 405. for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under 64 Stat. 482. 42 USC 402. section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit 42 USC 401. amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of 74 Stat. 963; 68 Stat. 1068. sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after 70 Stat. 815. 42 USC 423. December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed. Sec. 303. disability insurance benefits (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. (2) So much of section 223 (c)(2) of such Act as precedes the second 70 Stat. 815; Post, p. 413. 42 USC 423. sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended Post, p. 370. 42 USC 416. to read as follows: “(2) (A) The term ‘period of disability’ means a continuous period “Period of dis ability.” (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. 42 USC 423. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out 72 Stat. 1021; Post, p. 412. “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended 42 USC 423. Poatt p. 413. by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out 72 Stat. 1020. 42 USC 423. “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended 64 Stat. 487. 42 USC 402. by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the 75 Stat. 135; Post, p. 370. 42 USC 415. amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions Ante, p. 367. of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance 70 Stat. 815. 42 USC 423. benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the 53 Stat. 1370. 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for 42 USC 401. monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act. Sec. 304. payment of disability insurance benefits after entitlement to other monthly insurance benefits (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following Post, p. 374. new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 305. disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended by inserting “and before January 1, 1966,” after “December 31, 1956,”, and by inserting after “1954,” the following: “and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,”. (b) Section 201(b)(2) of such Act is amended by inserting after “December 31, 1956,” the following: “and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,”. Sec. 306. payment of child’s insurance benefits after attainment of age 18 in case of child attending school (a) Section 202(d)(1)(B) of the Social Security Act is amended to read as follows: “(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as 70 Stat. 815. Ante, p. 367. defined in section 223(c)) which began before he attained the age of 18, and”. (b) (1) So much of the first sentence of section 202(d)(1) of such 72 Stat. 1022; Post, p. 307. 42 USC 402. Act as follows subparagraph (C) is amended to read as follows: “shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding whichever of the following first occurs— “(D) the month in which such child dies, marries, or is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), “(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month, “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier ot— “(i) the first, month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (2) The second sentence of section 202(d)(1) of such Act is repealed. (3) Section 202(d) of such Act is further amended by adding at the end thereof the following new paragraphs: “(7) A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment, income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of 22 if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: The first month during no part of which he is a full-time student, the month in which he attains the age of 22, or the first month in which an event specified in paragraph (1)(D) occurs. “(8) For the purposes of this subsection— “(A) A ‘full-time student’ is an individual who is in full-time “Full-time student”. attendance as a student at an educational institution, as determined by the Secretary (in accordance with regulations prescribed by him) in the light of the standards and practices or the institutions involved, except that no individual shall be considered a ‘full-time student’ if he is paid by his employer while attending an educational institution at the request, or pursuant to a requirement, of his employer. “(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student during any period of nonattendance at an educational institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Secretary that he intends to continue to be in full-time attendance at an educational institution immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an educational institution immediately following such period. “(C) An ‘educational institution’ is (i) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or (ii) a school or college or university which has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (hi) a non-accredited school or college or university whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.” (c) (1) Section 202 of such Act is amended by inserting immediately after subsection (r) the following new subsection: “(a) “Child Aged 18 or Over Attending School (1) For the purposes of subsections (b)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 42 USC 403. 203(c), a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 223(c)) which began before he attained such age, shall be deemed not entitled to such benefits for such month, unless he was under such a disability m the third month before such month. “(2) Subsection (f)(4), and so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as precedes the semi-colon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as Ante, p. 367. 42 USC 423. defined in section 223 (c)) which began before such child attained the age of 18 or had been under such a disability in the third month before the month in which such marriage occurred. “(3) Subsections (c)(2)(B) and (f)(2)(B) of this section, so much of subsections (b)(3), (d)(6), (e)(3), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence of subsection 74 Stat. 954, 955; Post, p. 373. 42 USC 403. 72 Stat. 1026–1028. 42 USC 416. (c) of section 203, subsection (f)(1)(C) of section 203, and subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 216 shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 223(c)) which began before such child attained the age of 18.” (2) So much of subsection (c)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (3) So much of subsection (d)(6) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (4) So much of subsection (e)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (5) So much of subsection (f)(2) of such section 202 as precedes subparagraph (A) is amended by inserting “(subject to subsection (s))” after “shall”. (6) So much of subsection (f)(4) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (7) So much of the first sentence of subsection (g)(1) of such section 202 as follows subparagraph (F) is amended by inserting “(subject 64 Stat. 486; Post, p. 378. 42 USC 402. to subsection (s))” after “shall”. (8) So much of subsection (g)(3) of such section 202 as follows subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (9) So much of subsection (h)(4) of such section 202 as follows 72 Stat. 1032. subparagraph (B) is amended by inserting “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”. (10) The next to last sentence of subsection (c) of section 203 of 42 USC 403. such Act is amended by striking out “for any month in which” and inserting in lieu thereof “for any month in which paragraph (1) of section 202 (s) applies or”. (11) The last sentence of subsection (c) of such section 203 is amended by striking out “No” and inserting in lieu thereof “Subject to paragraph (3) of such section 202 (s), no”. Ante, p. 372. (12) The last sentence of subsection (f)(1) of such section 203 is amended by inserting “but subject to section 202 (s)” after “Notwithstanding the preceding provisions of this paragraph”. (13) Subsections (b), (c), (f), and (g) or section 216 of such Act Past, pp. 404, 405. 42 USC 416. are each amended by inserting before the period at the end thereof “(subject, however, to section 202 (s))”. (14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for months after December 1964; except that— 64 Stat. 482. 42 USC 402. (1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and (2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted by reason of section 202(d)(1)(B)(ii) of the Social Security Act. as amended by this section. Ante, p. 370. Sec. 307. reduced benefits for widows at age 60 (a) (1) Paragraph (1)(B) of section 202(e) of the Social Security Act (as amended by section 308(b) of this Act) is amended Post, p. 376. by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Paragraph (2) of such section (as so amended) is amended by striking put “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (b) (1) Paragraph (1) of section 202(g) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, or widow’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(a) 5/9 of 1 percent of such amount if such benefit is an old-age or widow’s insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (2) Paragraph (3)(A)(os renumbered by section 304(c) of this Act) of such section is amended— (A) by striking out “wife’s or husband’s insurance benefit” each place it appears and inserting in lieu thereof “wife’s, husband’s, or widow’s insurance benefit”; and (B) by striking out “age 62” and inserting in lieu thereof “age 62 (in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)”. (3) Paragraph (3)(D)(as so renumbered) of such section is amended by striking out “wife’s or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”. (4) Paragraph (3)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger: “(i) the amount by which (but for this subparagraph) such old-age insurance benefit would have been reduced under paragraph (1), “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection).” (5) Paragraph (5)(as so renumbered) of such section is amended by adding at the end thereof the following new subparagraph: “(D) No widow’s insurance benefit for a month in which she has in her care a child of her deceased husband (or deceased former husband) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which she would have been entitled had she been entitled for such month to mother’s insurance benefits on the basis of her deceased husband’s (or deceased former husband’s) wages and self-employment income.” (6) Paragraph (6)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; (B) by striking out “or husband’s” in subparagraph (A)(i) and inserting in lieu thereof “, husband’s, or widow’s”; and (C) by striking out “age 65” in subparagraph (B) and inserting in lieu thereof “retirement age”. (7) Paragraph (7)(as so renumbered) of such section is amended— (A) by striking out “wife’s, or husband’s” and inserting in lieu thereof “wife’s, husband’s, or widow’s”; and (B) by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a comma, and by adding at the end thereof the following new subparagraphs: “(D) in the case of widow’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D), “(E) in the case of widow’s insurance benefits, any month before the month in which she attained retirement age for which she was not entitled to such benefit because of the occurrence of an event that terminated her entitlement to such benefits, and”. (8) Section 202(a) of such Act (as amended by section 304(c) of this Act) is further amended by adding at the end thereof the Ante, p. 368. following new paragraph: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65 with respect to an old-age, wife’s, or husband’s insurance benefit and age 62 with respect to a widow’s insurance benefit.” (c) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act for and after the second month following the month in which this 64 Stat. 482. 42 USC 402. Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 308. wife’s and widow’s benefits for divorced women (a) Section 202 (b) of the Social Security Act is amended to read as follows: “(b) “Wife’s Insurance Benefits (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age Post, p. 377. 42 USC 416. or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she 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 “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. 42 USC 402. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: 72 Stat. 1028. 42 USC 416. “(d) “Divorced Wives; Divorce (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out 41 USC 403. “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out 42 USC 405. “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. Repeal. 42 USC 402. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month 42 USC 401. following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 309. transitional insured status (a) Title II of the Social Security Act is further amended by adding at the end thereof (after the new section 226 added by section 101 of this Act) the following new section: Ante, p. 290. “Sec. 227. “transitional insured status (a) In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 214(a), the 6 quarters of coverage referred to in so much of 75 Stat. 137. 42 USC 414. paragraph (1) of section 214(a) as follows clause (C) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 202(a), and of his wife 42 USC 402. to benefits under section 202(b), but, in the case of such wife, only if. Ante, p. 375. she attains the age of 72 before 1969 and only with respect to wife’s insurance benefits under section 202(b) for and after the month in which she attains such age. For each month before the month in which any such individual meets the requirements of section 214(a), the amount of his old-age insurance benefit shall, notwithstanding the provisions of section 202(a), be $35 and the amount of the wife’s insurance benefit of his wife shall, notwithstanding the provisions of section 202(b), be $17.50. “(b) In the case of any individual who has died, who does not meet the requirements of section 214(a), and whose widow attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 214(a) and in so much of paragraph (1) thereof as follows clause (C) shall, for purposes of determining her entitle- Ante, pp. 376, 377. 42 USC 402. ment to widow’s insurance benefits under section 202 (e), instead be— “(1) 3 quarters of coverage if such widow attains the age of 72 in or before 1966, “(2) 4 quarters of coverage if such widow attains the age of 72 in 1967, or “(3) 5 quarters of coverage if such widow attains the age of 72 in 1968. The amount of her widow’s insurance benefit for each month shall, notwithstanding the provisions of section 202(e)(and section 202 68 Stat. 1073. 42 USC 402. (m)), be $35. “(c) In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 202(a) by reason of the application of subsection (a) of this section, who dies, and whose widow attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such widow to widow’s insurance benefits under section 202(e).” (b) The amendment made by subsection (a) shall apply in the case of monthly benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted. Sec. 310. increase in amount an individual is permitted to earn without suffering full deductions from benefits (a) (1) Paragraphs (1), (3), and (4)(B) of subsection 42 USC 403. (f) of section 203 of the Social Security Act are each amended by striking out “$100” wherever it appears therein and inserting in lieu thereof “$125”. (2) The first sentence of paragraph (3) of such subsection (f) is amended by striking out “$500” each place it appears therein and inserting in lieu thereof “$1,200”. (3) Paragraph (1)(A) of subsection (h) of section 203 of such Act is amended by striking out “$100” and inserting in lieu thereof “$125”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 31, 1965. Sec. 311. coverage for doctors of medicine (a) (1) Section 211(c)(5) of the Social Security Act is amended to read as follows: “(5) The performance of service by an individual in the exercise of bis profession as a Christian Science practitioner.” (2) Section 211 (c) of such Act is further amended by striking out the last two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by Post, p. 381. him under section 1402(e) of the Internal Revenue Code of 1954 is in effect.” (3) Section 210(a)(6)(C)(iv) of such Act is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (4) Section 210(a)(13) of such Act is amended by striking out all 64 Stat. 497; 68 Stat. 1052. 42 USC 410. 70 Stat. 841. 26 USC 1402. that follows the first semicolon. (b) (1) Section 1402(c)(5) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: “(5) the performance of service by an individual in the exercise of his profession as a Christian Science practitioner.” (2) Section 1402(c) of such Code is further amended by striking 68 Stat. 1088. out the last.two sentences and inserting in lieu thereof the following: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual during the period for which a certificate filed by him under subsection (e) is in effect.” (3) (A) Section 1402(e)(1) of such Code (relating to filing of waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “extended to service” and all that follows and inserting in lieu thereof “extended to service described in subsection (c)(4) or (c)(5) performed by him.” (B) Clause (A) of section 1402(e)(2) of such Code (relating to time for filing waiver certificate) is amended to read as follows: “(A) the due date of the return (including any extension thereof) for his second taxable year ending after 1954 for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or . (4) Section 3121(b)(6)(C)(iv) of such Code (relating to definition 68 Stat. 1092. 26 USC 3121. of employment) is amended by inserting before the semicolon at the end thereof the following: “, other than as a medical or dental intern or a medical or dental resident in training”. (5) Section 3121 (b)(13) of such Code is amended by striking out 68A Stat. 422; 68 Stat. 1091. all that follows the first semicolon. (c) The amendments made by paragraphs (1) and (2) of subsection (a), and by paragraphs (1). (2), and (3) of subsection (b), shall apply only with respect to taxable years ending on or after December 31, 1965. The amendments made by paragraphs (3) and (4) of subsection (a), and by paragraphs (4) and (5) of subsection (b), shall apply only with respect to services performed after 1965. Sec. 312. gross income of farmers (a) The second sentence following paragraph (8) in section 211(a) of the Social Security Act is amended by striking out 43 USC 411. “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,000” each place it appears and inserting in lieu thereof “$1,600”. (b) The second sentence following paragraph (9) in section 1402(a) of the Internal Revenue Code of 1954 (relating to net earnings from self-employment) is amended by striking out “$1,800” each place it appears and inserting in lieu thereof “$2,400”, and by striking out “$1,200” each place it appears and inserting in lieu thereof “$1,600”. (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1965. Sec. 313. coverage of tips (a) (1) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (j), by striking out the period at the end of subsection (k) and inserting in lieu thereof “; or”, and by adding immediately after subsection (k) the following new subsection: “(l) (1) Tips paid in any medium other than cash; “(2) Cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (2) Section 209 of such Act is-further amended by adding at the end thereof the following new paragraph: “For purposes of this title, tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code Post, p. 384. of 1954 or (if no statement including such tips is so furnished) at the time received.” (b) Section 451 of the Internal Revenue Code of 1954 (relating to general rule for taxable year of inclusion) is amended by adding at the end thereof the following new subsection: “(c) Special Rum for Employee Tips.— For purposes of subsection (a), tips included in a written statement furnished an employer by an employee pursuant to section 6053(a) shall be deemed to be received at the time the written statement including such tips is furnished to the employer.” (c) (1) Section 3102 of such Code (relating to deduction of tax from wages) is amended by adding at the end thereof the following new subsection: “(c) Special Rule for Tips.— “(1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. “(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. “(3) The Secretary or his delegate may, under regulations prescribed by him. authorize employers— “(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter of the calendar year, “(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such quarter as if the tips so estimated constituted the actual tips so reported, and “(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. Post, p. 395. “(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.” (2) The second sentence of section 3102 (a) of such Code is amended 68A Stat. 415; 68 Stat. 1093. 26 USC 3102. by inserting before the period at the end thereof the following: “; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to Post, p. 384. 26 USC 3121. which paragraph (12)(B) of section 3121 (a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20”. (3) Section 3121(a) of such Code (relating to definition of wages under the Federal Insurance Contributions Act) is amended by striking out “or” at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; or ”, and by adding after paragraph (11) the following new paragraph: “(12) (A) tips paid in any medium other than cash; “(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (4) Section 3121 of such Code is further amended by adding at the end thereof the following new subsection: “(q) Tips Included for Employee Taxes.— For purposes of this chapter other than for purposes of the taxes imposed by section 3111, Post, p. 396. tips received by an employee in the course of his employment shall be considered remuneration for employment. Such remuneration shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (d) (1) Section 3401 of such Code (relating to definitions for purposes 68A Stat. 455. 26 USC 3401. of collecting income tax at source on wages) is amended by adding at the end thereof the following new subsection: “(f) Tips.— For purposes of subsection (a), the term ‘wages’ “Wages.” includes tips received by an employee in the course of his employment. Such wages shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.” (2) Section 3401(a) of such Code (relating to definition of wages for purposes of collecting income tax at source) is amended by striking out “r” at the end of paragraph (6) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”, by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; or”, and by adding after paragraph (15) the following new paragraph: “(16) (A) as tips in any medium other than cash; “(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more.” (3) Subsection (a) of section 3402 of such Code (relating to income tax collected at source) is amended by striking out “subsection (j)” and inserting in lieu thereof “subsections (j) and (k)”. (4) Section 3402(h)(3) of such Code (relating to income tax withholding on basis of average wages) is amended by inserting after “quarter” the first place it appears the following: “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)”. (5) Section 3402 of such Code is further amended by adding at the end thereof the following new subsection: “(k) Tips.— In the case of tips which constitute wages, subsection Infra. (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (16)(B) of section 3401(a) is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20. Such tax shall not at any time be deducted and withheld in an amount which exceeds the aggregate of such wages and funds (including funds Ante, p. 382. Ante, p. 383. 68A Stat. 747. 26 USC 6051. turned over under section 3102(c)(2)) minus any tax required by section 3102(a) to be collected from such wages and funds.” (e) (1) Section 6051(a) of such Code (relating to receipts for employees) is amended by adding at the end thereof the following new sentence: “In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).” (2) (A) Subpart C of part III of subchapter A of chapter 61 of such Code (relating to information regarding wages paid employees) is amended by adding at the end thereof the following new section: “SEC. 6053. REPORTING OF TIPS. “(a) Reports by Employees.— Every employee who, in the course of his employment by an employer, receives in any calendar month tips 26 USC 3121, 3401. which are wages (as defined in section 3121(a) or section 3401(a)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary or his delegate. “(b) Statements Furnished by Employers.— If the tax imposed by section 3101 with respect to tips reported by an employee pursuant Post, p. 395. to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102, the employer shall furnish to the employee 26 USC 3102. a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary or his delegate may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary or his delegate.” (B) Section 6652(b) of such Code (relating to failure to file information 76 Stat. 1057. 26 USC 6652. returns) is amended by inserting after “income tax withheld) the following: “and in the case of each failure to furnish a statement required by section 6053(b)(relating to statements furnished by employers Supra. with respect to tips),”. (C) Section 6674 of such Code (relating to fraudulent statement or 68A Stat. 828. 26 USC 6674. failure to furnish statement to employee) is amended by striking out “6051” each place it appears and inserting in lieu thereof “6051 or 68A Stat. 747. 26 USC 6051. 6053(b)”. (D) The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 6053. Reporting of tips.” (3) Section 6652 of such Code (relating to failure to file certain information returns) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Failure To Report Tips.— In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)), unless Ante, p. 384. 26 USC 3121. it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 with respect to the amount of tips which Post, p. 395. he so failed to report, an amount equal to 50 percent of such tax,” (f) The amendments made by this section shall apply only with respect to tips received by employees after 1965. Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418. Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”. Sec. 316. employees of nonprofit organizations (a) (1) Section 3121(k)(1)(B)(iii) of the Internal Revenue 72 Stat. 1044. 26 USC 3121. Code of 1954 (relating to effective date of exemption of religious, charitable, and certain other organizations) is amended to read as follows: “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed.” (2) The amendment made by paragraph (1) shall apply in the case of any certificate filed under section 3121 (k)(1)(A) of such Code after the date of the enactment of this Act. (b) Section 3121 (k)(1) of such Code (relating to waiver of exemption by religious, charitable, and certain other organizations) is further amended by adding at the end thereof the following new subparagraph: “(H) An organization which files a certificate under subparagraph (A) before 1966 may amend such certificate during 1965 or 1966 to make the certificate effective with the first day of any calendar quarter preceding the quarter for which such certificate originally became effective, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is so amended. If an organization amends its certificate pursuant to the preceding sentence, such amendment shall b effective with respect to the service of individuals who concurred in the filing of such certificate (initially or through the filing of a supplemental list) and who concur in the filing of such amendment. An amendment to a certificate filed pursuant to this subparagraph shall be filed with such official and in such form and manner as may be prescribed by regulations made under this chapter. If an amendment is filed pursuant to this subparagraph— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file tax return), the due date for the return and payment of the tax for any calendar quarter resulting from the filing of such an amendment shall be the last day of the calendar month following the calendar quarter in which the amendment is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of three year’s from such due date.” (c) (1) Section 105(b) of the Social Security Amendments of 1960 is amended to read as follows: “(b) (1) If— “(A) an individual performed service in the employ of an organization with respect to which remuneration was paid before the first day of the calendar quarter in which the organization filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code of 1954, and such service is excepted from employment under section 210(a) 72 Stat. 1035. 42 USC 410. (8)(B) of the Social Security Act, “(B) such service would have constituted employment as defined in section 210 of such Act if the requirements of section 3121(k)(1) of such Code were satisfied, “(C) such organization paid, on or before the due date of the tax return for the calendar quarter before the calendar quarter in which the organization filed a certificate pursuant to section 3121(k)(1) of such Code, any amount, as taxes 72 Stat. 1044. 26 USC 3121. Post, pp. 395, 396. imposed by sections 3101 and 3111 of such Code, with respect to such remuneration paid by the organization to the individual for such service, “(D) such individual, or a fiduciary acting for such individual or his estate, or his survivor (within the meaning of section 205(c)(1)(C) of such Act), requests that such 64 Stat. 518; Ante, p. 379. remuneration be deemed to constitute remuneration for employment for purposes of title II of such Act, and 42 USC 401. “(E) the request is made in such form and manner, and with such official, as may be prescribed by regulations made by the Secretary of Health, Education, and Welfare, then, subject to the conditions stated in paragraphs (2), (3), (4), and (5), the remuneration with respect to which the amount has been paid as taxes shall be deemed to constitute remuneration for employment for purposes of title II of such Act. “(2) Paragraph (1) shall not apply with respect to an individual unless the organization referred to in paragraph (1)(A), on or before the date on which the request described in paragraph (1) is made, has filed a certificate pursuant to section 3121(k)(1) of such Code. “(3) Paragraph (1) shall not apply with respect to an individual who is employed by the organization referred to in paragraph (2) on the date the certificate is filed. “(4) If credit or refund of any portion of the amount referred to in paragraph (1)(C)(other than a credit or refund which would be allowed if the service constituted employment for purposes of chapter 21 of such Code) has been obtained, paragraph (1) shall 68A Stat. 415. 26 USC 3101–3126. 68A Stat. 819. 26 USC 6611. not apply with respect to the individual unless the amount credited or refunded (including any interest under section 6611 of such Code) is repaid before January 1, 1968, or, if later, the first day of the third year after the year in which the organization filed a certificate pursuant to section 3121 (k)(1) of such Code. “(5) Paragraph (1) shall not apply to any service performed for the organization in a period for winch a certificate filed pursuant to section 3121 (k)(1) of such Code is not in effect.” (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. The provisions of section 105(b) of the Social Security Amendments of 1960 which were in 74 Stat. 943. 26 USC 3121 note. effect before the date of the enactment of this Act shall be applicable with respect to any request filed under section 105(b)(1) of such Amendments before such date. Nothing in the preceding sentence shall prevent the filing of a request under section 105(b)(1) of such Amendments as amended by this Act. (d) If— (1) an individual performed service with respect to which remuneration was paid before the date of enactment of this Act by an organization which, before, such date, filed a waiver certificate pursuant to section 3121 (k)(1) of the Internal Revenue Code, (2) such service is excluded from employment under title II of the Social Security Act but would not be excluded therefrom if the requirements of such section 3121 (k)(1) had been met with respect to such service, (3) such service was performed during the period such certificate was in effect, and (4) such individual was listed pursuant to such section 3121 72 Stat. 1044. 26 USC 3121. (k)(1) at any time during such period and before the date of enactment of this Act as an employee who concurred in the filing of such certificate or such individual filed a request for coverage pursuant to section 105(b) of the Social Security Amendments of 74 Stat. 943. 26 USC 3121 note. 1960, as in effect prior to the enactment of this Act (but such listing or request was not effective with respect to the service described above), then, subject to the conditions stated in subparagraphs (B), (C), (D), and (E) of paragraph (1), and paragraph (4), of section 105(b) of the Social Security Amendments of 1960, as amended by this section, the remuneration of such individual which was paid with respect to such excluded service shall be deemed to constitute remuneration for 42 USC 401. employment for purposes of such title II; except that, for purposes of this subsection, in applying subparagraph (C) of paragraph (1) of such section 105(b) the date of enactment of this Act shall be considered to be the date on which the organization filed its certificate under section 3121(k)(1) and any reference, in paragraph (4) of such section, to such paragraph (1) shall be considered a reference to the preceding provisions of this subsection. Sec. 317. coverage of temporary employees of the district of columbia (a) Section 210(a)(7) of the Social Security Act is amended— (1) by striking out “or” at the end of subparagraph (B), (2) by striking out the semicolon at the end of subparagraph (C)(ii) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (C) the following new subparagraph: “(D) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 61 Stat. 727; 63 Stat. 972. 1052), other than as a medical or dental intern or as a medical or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 (relating to certain services not included in definition of employment) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the semicolon at the end of subparagraph (B) and inserting in lieu thereof “, or”, and (3) by adding after subparagraph (B) the following new subparagraph: “(C) service performed in the employ of the District of Columbia or any instrumentality which is wholly owned thereby, if such service is not covered by a retirement system established by a law of the United States; except that the provisions of this subparagraph shall not be applicable to service performed— “(i) in a hospital or penal institution by a patient or inmate thereof; “(ii) by any individual as an employee included under section 2 of the Act of August 4, 1947 (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government; 5 U.S.C. 1052), other than as a medical or dental intern or as a medical 61 Stat. 727; 63 Stat. 972. or dental resident in training; “(iii) by any individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency; or “(iv) by a member of a board, committee, or council of the District of Columbia, paid on a per diem, meeting, or other fee basis;”. (c) (1) Section 3125 of such Code (relating to returns in the case 74 Stat. 939. 26 USC 3125. of governmental employees in Guam and American Samoa) is amended by adding at the end thereof the following new subsection: “(c) District of Columbia.— In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Commissioners of the District of Columbia or by such agents as they may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the Post, p. 396. Post p. 393. $6,600 limitation in section 3121(a)(1).” (2) The heading of such section 3125 is amended by striking out “AND AMERICAN SAMOA” and inserting in lieu thereof “, AMERICAN SAMOA AND THE DISTRICT OF COLUMBIA” (3) The table of sections for subchapter C of chapter 21 of such Code (relating to general provisions for Federal Insurance Contributions Act) is amended by striking out “Sec. 3125. Returns in the ease of governmental employees in Guam and American Samoa.” and inserting in lieu thereof “Sec. 3125. Returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia.” (d) Section 6205(a) of such Code (relating to adjustment of tax) 68A Stat. 768; 74 Stat. 940. 26 USC 6205. is amended by adding at the end thereof the following new paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be deemed a separate employer.” (e) Section 6413(a) of such Code (relating to adjustment of certain 68A Stat. 797; 74 Stat. 940. 26 USC 6413. employment taxes) is amended by adding at the end thereof the following paragraph: “(4) District of columbia as employer.— For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes 74 Stat. 939. 26 USC 3125. 68A Stat. 797. 26 USC 6413. a return pursuant to section 3125 shall be deemed a separate employer.” (f) (1) Section 6413(c)(2) of such Code (relating to applicability of special refunds to certain employment taxes) is amended by adding at the end thereof the following new subparagraph: “(F) Governmental employees in the district of Columbia.— In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Commissioners of the District of Columbia and each agent designated by them who makes Ante, p. 389. a return pursuant to section 3125(c) shall, for purposes of this subsection, be deemed a separate employer.” (2) The heading of such section 6413(c)(2) is amended by striking out “and american samoa” and inserting in. lieu thereof “, american samoa, and the district of columbia”. (g) The amendments made by this section shall apply with respect to service performed after the calendar quarter in which this section is enacted and after the calendar quarter in which the Secretary of the Treasury receives a certification from the Commissioners of the District of Columbia expressing their desire to have the insurance system established by title II (and part A of title XVIII) of the Social 42 USC 401; Ante, p. 291. Security Act extended to the officers and employees coming under the provisions of such amendments. Sec. 318. coverage for certain additional hospital employees in california Section 102(k) of the Social Security Amendments of 1960 is amended by inserting “(1)” immediately after “(k)”, and by adding at the end thereof the following new paragraph: “(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after December 31, 1959, is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after January 1, 1962, and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by Post, pp. 395, 396. 68A Stat. 415. 26 USC 3101–3126. sections 3101 and 3111 of the Internal Revenue Code of 1954 if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph, been paid.” Sec. 319. tax exemption for religious groups opposed to insurance (a) Subsection (c) of section 1402 of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) the performance of service by an individual during the period for which an exemption under subsection (h) is effective with respect to him.” (b) Subsection (c) of section 211 of the Social Security Act is 64 Stat. 5O2. 42 USC 411. amended by striking out “or” at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; or”, and by adding after paragraph (5) the following new paragraph: “(6) The performance of service by an individual during the period for which an exemption under section 1402(h) of the Internal Revenue Code of 1954 is effective with respect to him.” (c) Section 1402 of the Internal Revenue Code of 1954 is further 68A Stat. 353. 26 USC 1402. amended by adding at the end thereof the following new subsection: “(h) Members of Certain Religious Faiths.— “(1) Exemption.— Any individual may file an application (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) for an exemption from the tax imposed by this chapter if he is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division by reason of which he is conscientiously opposed to acceptance of the benefits of any private or public insurance which makes payments in the event of death, disability, old-age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act). Such exemption may be granted only if the application 49 Stat. 620. 42 USC 1305. contains or is accompanied by— “(A) such evidence of such individual’s membership in, and adherence to the tenets or teachings of, the sect or division thereof as the Secretary or his delegate may require for purposes of determining such individual’s compliance with the preceding sentence, and “(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis 42 USC 401; Ante, p. 291. of his wages and self-employment income as well as all such benefits and other payments to him on the basis of the wages and self-employment income of any other person, and only if the Secretary of Health, Education, and Welfare finds that— “(C) such sect or division thereof has the established tenets or teachings referred to in the preceding sentence, “(D) it is the practice, and has been for a period of time which he deems to be substantial, for members of such sect or division thereof to make provision for their dependent members which in his judgment is reasonable in view of their general level of living, and “(E) such sect or division thereof has been in existence at all times since December 31, 1950. An exemption may not be granted to any individual if any benefit or other payment referred to in subparagraph (B) became payable (or, but for section 203 or 222(b) of the Social Security Act, 53 Stat. 1367; 72 Stat. 1032. 42 USC 403, 422. would have become payable) at or before the time of the filing of such waiver. “(2) Time for filing application.— For purposes of this subsection, an application must be filed— “(A) In the case of an individual who has self-employment income (determined without regard to this subsection and subsection (c)(6)) for any taxable year ending before Ante, p. 390. December 31, 1965, on or before April 15, 1966, and “(B) In any other case, on or before the time prescribed for filing the return (including any extension thereof) for the first taxable year ending on or after December 31, 1965, for which he has self-employment income (as so determined). “(3) Period for which exemption effective.— An exemption granted to any individual pursuant to this subsection shall apply with respect to all taxable years beginning after December 31, 1950, except that such exemption shall not apply for any taxable year— “(A) beginning (i) before the taxable year in which such individual first met the requirements of the first sentence of paragraph (1), or (ii) before the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which such individual is a member met the requirements of subparagraphs (C) and (D), or “(B) ending (i) after the time such individual ceases to meet the requirements of the first sentence of paragraph (1), or (ii) after the time as of which the Secretary of Health, Education, and Welfare finds that the sect or division thereof of which he is a member ceases to meet the requirements of subparagraph (C) or (D). “(4) Application by fiduciaries or survivors.— In any case where an individual who has self-employment income dies before the expiration of the time prescribed by paragraph (2) for filing an application for exemption pursuant to this subsection, such an application may be filed with respect to such individual within such time by a fiduciary acting for such individual’s estate or by such individual’s survivor (within the meaning of section 205 64 Stat. 518. 42 USC 405. 64 Stat. 482; 70 Stat. 838. 42 USC 402. (c)(1)(C) of the Social Security Act).” (d) Section 202 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(v) “Waiver of Benefits Notwithstanding any other provisions of this title, in the case of any individual who files a waiver pursuant to section 1402(h) Ante, p. 391. of the Internal Revenue Code of 1954 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this title to him, no payments shall be made on his behalf under part A Ante, p. 291. of title XVIII, and no benefits or other payments under this title shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver; except that, if thereafter such individual’s tax exemption under such section 1402(h) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this title and part A of title XVIII to the extent, based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year.” (e) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1950. For such purpose, 68A Stat. 353. 26 USC 1401–1403. chapter 2 of the Internal Revenue Code of 1954 shall be treated as applying to all taxable years beginning after such date. (f) If refund or credit of any overpayment resulting from the enactment of this section is prevented on the date of the enactment of this Act or at any time on or before April 15, 1966, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed on or before April 15, 1966. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section. Sec. 320. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(3) of the Social Security Act 72 Stat. 1019. 42 USC 409. is amended by inserting “and prior to 1966” after “1958”, (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(4) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(C) of such Act is amended by inserting 42 USC 411. “and prior to 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(D) For any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking 72 Stat. 1019; 74 Stat. 949. 42 USC 413. out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1958” and inserting in lieu thereof “after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965”. (4) Section 215(e)(1) of such Act is amended by striking out “and 42 USC 415. the excess over $4,800 in the case of any calendar year after 1958” and inserting in lieu thereof “the excess over $4,800 in the case of any calendar year after 1958 and before 1966, and the excess over $6,600 in the case of any calendar year after 1965”. (b) (1) (A) Section 1402(b)(1)(C) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 26 USC 1402. by inserting “and before 1966” after “1958”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402(b)(1) of such Code is further amended by adding at the end thereof the following new subparagraph: “(D) for any taxable year ending after 1965, (i) $6,600, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of 68A Stat. 417; 72 Stat. 1042. 26 USC 3121. wages) is amended by striking out “$4,800” each place it appears and inserting in lieu thereof “$6,600”. (3) The second sentence of section 3122 of such Code (relating to 26 USC 3122. Federal service) is amended by striking out “$4,800” and inserting in lieu thereof “$6,600”. (4) Section 3125 of such Code (relating to returns in the case of 74 Stat. 939. 26 USC 3125. governmental employees in Guam and American Samoa) is amended by striking out “$4,800” where it appears in subsections (a) and (b) and inserting in lieu thereof “$6,600”. (5) Section 6413(c)(1) of such Code (relating to special refunds 72 Stat. 1043. 26 USC 6413. of employment taxes) is amended— (A) by inserting “and prior to the calendar year 1966” after “the calendar year 1958”; (B) by inserting after “exceed $4,800,” the following: “or (C) during any calendar year after the calendar year 1965, the wages received by him during such year exceed $6,600”. (C) by inserting before the period at the end thereof the following: “and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $4,800 for any calendar year after 1958” and inserting in lieu thereof “$4,800 for the calendar year 1959, 1960, 1961, 1962, 1963, 1964, or 1965, or $6,600 for any calendar year after 1965”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1965. Sec. 321. changes in tax schedules (a) Section 1401 of the Internal Revenue Code of 1954 (relating to rate of tax under the Self-Employment Contributions Act) is amended to read as follows: “SEC. 1401. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1969, the tax shall be equal to 5.9 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1973, the tax shall be equal to 6.6 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax as follows: “(1) in the case of any taxable year beginning after December 31, 1965, and before January 1, 1967, the tax shall be equal to 0.35 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1966, and before January 1, 1973, the tax shall be equal to 0.50 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax snail be equal to 0.55 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; and “(6) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year. For purposes of the tax imposed by this subsection, the exclusion of employee representatives by section 1402(c)(3) shall not apply.” 68A Stat. 355. 26 USC 1402. 75 Stat. 141. 26 USC 3101. (b) Section 3101 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3101. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment 68A Stat. 417. 26 USC 3121. (as defined in section 3121 (b))— “(1) with respect to wages received during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages received during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages received during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to the following percentages of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages received during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages received during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; and “(6) with respect to wages received after December 31, 1986, the rate shall be 0,80 percent.” (c) Section 3111 of the Internal Revenue Code of 1954 (relating to rate of tax on employers under the Federal Insurance Contributions Act) is amended to read as follows: “SEC. 3111. RATE OF TAX. “(a) Old-Age, Survivors, and Disability Insurance.— In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 68A Stat. 417. 26 USC 3121. the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 3.85 percent; “(2) with respect to wages paid during the calendar years 1967 and 1968, the rate shall be 3.9 percent; “(3) with respect to wages paid during the calendar years 1969, 1970, 1971, and 1972, the rate shall be 4.4 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 4.85 percent. “(b) Hospital Insurance.— In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the following percentages of the wages (as defined in section 3121 (a)) paid by him with respect to employment (as defined in section 3121(b), but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees)— “(1) with respect to wages paid during the calendar year 1966, the rate shall be 0.35 percent; “(2) with respect to wages paid during the calendar years 1967, 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.50 percent; “(3) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.55 percent; “(4) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.60 percent; “(5) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.70 percent; “(6) with respect to wages paid after December 31, 1986, the rate shall be 0.80 percent.” (d) The amendments made by subsection (a) shall apply only with respect to taxable years beginning after December 31, 1965. The amendments made by subsections (b) and (c) shall apply only with respect to remuneration paid after December 31, 1965. Sec. 322. reimbursement of trust-funds for cost of noncontributory military service credits Section 217 (g) of the Social Security Act is amended to read as follows: “(g) (1) In September 1965, and in every fifth September thereafter up to and including September 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the July 1 following the determination in the case of all other such determinations, and ending with tie close of June 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of June 30, Ante, p. 299. 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social Security 42 USC 410. 64 Stat. 477. 42 USC 301 note. 70 Stat. 819. 42 USC 401. Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which such determination is made. “(2) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund— “(A) for the fiscal year ending June 30, 1966. an amount equal to the amount determined under paragraph (1) in September 1965, and “(B) for each fiscal year in the period beginning with July 1, 1966, and ending with the close of June 30, 2015, an amount equal to the annual installment for such fiscal year under the most recent determination under paragraph (1) which precedes such fiscal year. “(3) For the fiscal year ending June 30, 2016, there is authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund such sums as the Secretary determines would place toe Trust Funds and the Federal Hospital Insurance Trust Fund in the same position in which they would have been at the close of June 30, 2015, if section 210 of this Act as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted. “(4) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund annually, as benefits under this title and part A of title XVIII are paid after June 30, Ante, p. 291. 2015, such sums as the Secretary determines to be necessary to meet the additional costs, resulting from subsections (a), (b), and (e), of such benefits (including lump-sum death payments).” Sec. 323. adoption of child by retired worker (a) Section 202 (d) of the Social Security Act is amended— 72 Stat. 1022. 42 USC 402. (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: Ante, p. 370. “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social 72 Stat. 1022. 42 USC 402. Supra. Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted. Sec. 324. extension of period for filing proof of support and applications for lump-sum death payment (a) Section 202 (p) of the Social Security Act is amended to read as follows: “(p) “Extension of Period for Filing Proof of Support and Applications for Lump-Sum Death Payment In any case in which there is a failure— “(1) to file proof of support under subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(1), or subparagraph (B) of subsection (h)(1). or tinder clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the 64 Stat. 477. 42 USC 301 note. period prescribed by such subparagraph or clause, or “(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security 42 USC 402. Act Amendments of 1950, within the period prescribed by such subsection, any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Secretary.” (b) The amendments made by this section shall be effective with respect to (1) applications for lump-sum death payments filed in or after the month in which this Act is enacted, and (2) monthly benefits based on applications filed in or after such month. Sec. 325. treatment of certain royalties for retirement test purposes (a) (1) Subparagraph (B) of section 203 (f)(5) of the Social Security Act is amended to read as follows: 74 Stat. 956. 42 USC 403. “(B) For purposes of this section— “(i) an individual’s net earnings from self-employment for any taxable year shall be determined as provided in section 42 USC 411. 211, except that paragraphs (1), (4), and (5) of section 211(c) shall not apply and the gross income shall be computed by excluding the amounts provided by subparagraph (D), and “(ii) an individual’s net loss from self-employment for any taxable year is the excess of the deductions (plus his distributive share of loss described in section 702(a)(9) of the Internal Revenue Code of 1954) taken into account under 68A Stat. 239. 26 USC 702. clause (i) over the gross income (plus his distributive share of income so described) taken into account under clause (i).” (2) Such section 203(f)(5) is further amended by adding at the end thereof the following new subparagraph: “(D) In the case of an individual— “(i) who has attained the age of 65 on or before the last day of the taxable year, and “(ii) who shows to the satisfaction of the Secretary that lie is receiving royalties attributable to a copyright or patent obtained before the taxable year in which he attained the age of 65 and that the property to which the copyright or patent relates was created by his own personal efforts, there shall be excluded from gross income any such royalties.” (b) The amendments made by subsection (a) shall apply with respect to the computation of net earnings from self-employment and the net loss from self-employment for taxable years beginning after 1964. Sec. 326. amendments preserving relationship between railroad retirement and old-age, survivors, and disability insurance systems (a) Section l(q) of the Railroad Retirement Act of 1937 is amended by striking out “1961” and inserting in lieu thereof “1965”. (b) Section 5(1)(9) of such Act is amended by striking out “after 1958 is.less than $4,800” and inserting in lieu thereof the following: “after 1958 and before 1966 is less than $4,800 or for any calendar year after 1965 is less than $6,600”; and by striking out “and $4,800 for years after 1958”, and inserting in lieu thereof the following: “$4,800 for years after 1958 and before 1966, and $6,600 for years after 1965”. Sec. 327. technical amendment relating to meetings of board of trustees of the old-age, survivors, and disability insurance trust funds Section 201(c) of the Social Security Act is amended by striking out “six months” in the fourth sentence and inserting in lieu thereof “calendar year”. Sec. 328. applications for benefits (a) Section 202(j)(2) of the Social Security Act. is amended to read as follows: “(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (b) Section 216(i)(2) of such Act (as amended by subsection (b)(1) of section 303) is amended by inserting after subparagraph (E) the following: “(F) An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application only if the applicant satisfies the requirements for a period of disability before, the Secretary makes a final decision on the application. If upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed on such first day.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a)(1)) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month.” (d) The amendments made by this section shall apply with respect to (1) applications filed on or after the date of enactment of this Act, (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act before the 53 Stat. 1370. 42 USC 405. date of enactment of this Act. applications as to which there has been no final judicial decision before the date of enactment of this Act. Sec. 329. underpayments Section 204 of the Social Security Act is amended by 42 USC 404. adding at the end thereof the following new subsection: “(d) Notwithstanding the provisions of subsection (a), if an individual dies before any payment due him under this title is completed, and the total amount due at the time of his death does not exceed the amount of the monthly insurance benefit to which he was entitled for the month preceding the month in which he died, payment of the amount due shall be made— “(1) to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual and to have been living in the same .household with the deceased at the time of his death, or “(2) if there is no such person, or if such person dies before receiving payment, to the legal representative of the estate of such deceased individual.” Sec. 330. payments to two or more individuals of the same family Section 205 (n) of the Social Security Act is amended to read as follows: “(n) The Secretary may, in his discretion, certify to the Managing Trustee any two or more individuals of the same family for joint payment of the total benefits payable to such individuals for any month, and if one of such individuals dies before a check representing such joint payment is negotiated, payment of the amount of such unnegotiated check to the surviving individual or individuals may be authorized in accordance with regulations of the Secretary of the Treasury; except that appropriate adjustment or recovery shall be made under section 204(a) with respect to so much of the amount of such check as exceeds the amount to which such surviving individual or individuals are entitled under this title for such month.” Sec. 331. validating certificates filed by ministers (a) Section 1402(e) of the Internal Revenue Code of 1954 (relating to certificates to waive tax exemption on self-employment 68 Stat. 1088. 26 USC 1402. income in the case of ministers, members of religious orders, and Christian Science practitioners) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(5) Optional provision for certain certificates filed on or before April is, leer.—Notwithstanding any other provision of this section, in any case where an individual has derived earnings in any taxable year ending after 1954 from the performance of service described in subsection (c)(4), or in subsection (c)(5) insofar as it related to the performance of service by an individual in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment income on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— “(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security 64 Stat. 158. 42 USC 405. Act) after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and “(B) a certificate filed after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205 (c)(1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— “(i) the tax under section 1401 in respect to all such individual’s self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967, and “(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section 68A Stat. 819. 26 USC 6611. 26 USC 6401. 6611) is repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph.” (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Revenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) for purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason or the filing of a certificate which is effective under section 1402(e)(5). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state- meats of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any 42 USC 401. prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this Act 74 Stat. 927; 75 Stat. 141. 26 USC 1402. shall be applicable with respect to any certificate filed pursuant thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.” Sec. 333. continuation of widow’s and widower’s insurance benefits after remarriage (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- Ante, pp. 373, 374. ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the Ante, p. 374. provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection Ante, p. 403. (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 72 Stat. 1017. 42 USC 403. 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not Ante, pp. 376, 403; Supra. entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 334. changes in definitions of wife, widow, husband, and widower (a) Section 216(b) of the Social Security Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) was entitled to, or upon appli-cation therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment or age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. 50 Stat. 312. 45 USC 228e. (b) Section 216(c) of such Act, as amended by section 306 of this Ante, p. 373. Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) she was entitled to, or upon application therefor and attainment or the required age (if any) would nave been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end or clause (3)(A), and by inserting immediately before the period at the end thereof the following: “, or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out “or” at the end of clause (6)(A), and by inserting immediately lief ore the period at the end there or the following: “, or (C) he was entitled to, or on application therefor and attainment of tire required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended”. (e) Section 202(c)(2) is amended by striking out “or” at the end 72 Stat. 1026; Ante, p. 372. 42 USC 402. of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (f) Section 202(f)(2) of such Act is amended by striking out “or” at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; or”, and by adding after such subparagraph (B) the following new subparagraph: “(C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended.” (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 335. reduction of benefits on receipt of workmen’s compensation Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled 70 Stat. 815. 42 USC 423. to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: “Sec. 224. “reduction of benefits based on disability on account of receipt of workmen’s compensation (a) If for any month prior to the month in which an individual attains the age of 62— “(1) such individual is entitled to benefits under section 223, and “(2) such individual is entitled for such month, under a workmen’s compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, 64 Stat. 482. 42 USC 402. the total of his benefits under section 223 for such month and of any benefits under section 202 for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of— “(3) such total of benefits under sections 223 and 202 for such month, and “(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen’s compensation law or plan, exceeds the higher of— “(5) 80 per centum of his ‘average current earnings’, or “(6) the total of such individual’s disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wages and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) induce such total below the sum of— “(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual’s wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and “(8) any increase in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual’s average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total or his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest. “(b) If any periodic benefit under a workmen’s compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). “(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions Ante, p. 363, 378. 70 Stat. 817. 42 USC 422. under such section and under section 222(b). “(d) The reduction of benefits required by this section shall not be made if the workmen’s compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. 70 Stat. 815. 42 USC 423. “(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen’s compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual’s wages and self-employment 64 Stat. 482. 42 USC 402. income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205 (i). 83 Stat. 1371. 42 USC 405. “(f) (1) In the second calendar year after the year in which reduction under this section in the total of an individual’s benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual’s wages and self-employment income. Such redetermined benefit, shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. “(2) In making the redetermination required by paragraph (1), the individual’s average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1. “(g) Whenever a reduction in the total of benefits for any month based on an individual’s wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit.” Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.” Sec. 337. teachers in the state of maine (a) Section 316 of the Social Security Amendments of 1958 72 Stat. 1040; 78 Stat. 240. 42 USC 418 note. is amended by striking out “July 1, 1965” and inserting in lieu thereof “July 1, 1967”. (b) The amendment made by this section shall be effective as of July 1, 1965. Sec. 338. modification of agreement with north dakota and iowa with respect to certain students Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota 64 Stat. 514. 42 USC 418. and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar qua it er in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Sec. 339. qualification of children not qualified under state law (a) Section 216(h) of the Social Security Act is amended 71 Stat. 519; 72 Stat. 1030. 42 USC 416. by adding at the end thereof the following new paragraph: “(3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: “(A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured individual became entitled to benefits or attained age 65, whichever first occurred; “(B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to old-age insurance benefits— “(i) such insured individual— “(I) has acknowledged in writing that the applicant is his son or daughter, “(II) has been decreed by a court to be the father of the applicant, or “(III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; “(C) in the case of a deceased individual— “(i) such insured individual— “(I) had acknowledged in writing that the applicant is his son or daughter, “(II) had been decreed by a court to be the father of the applicant, or “(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or “(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.” (b) Section 202(d) of such Act is amended by inserting after “216(h)(2)(B)” the following: “or section 216(h)(3)”. (c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following 42 USC 401. the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 340. disclosure, under certain circumstances, to courts and interested welfare agencies of whereabouts of individuals Section 1106 of the Social Security Act is amended by 64 Stat. 559. 42 USC 1306. adding at the end thereof the following new subsection: “(c) (1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, XIV, XVI, or XIX, or participating in the administration of any other State or 42 USC 301 et seq. local public assistance program, for the most recent address of any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary 53 Stat. 1368. 42 USC 405. shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— “(A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, “(B) such child or children are applicants for or recipients of assistance available under such a plan or program, “(C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and “(D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. “(2) A request under paragraph (1) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). “(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. “(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (b) shall apply also with respect to payment under this paragraph.” Sec. 341. additional period for filing ministers certificates (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 71 Stat. 521; 78 Stat. 1076. 26 USC 1402. ministers, members of religious orders, and Christian Science practitioners) is amended by striking out “his second taxable year ending after 1962” and inserting in lieu thereof “his second taxable year ending after 1963”. (b) Section 1402(e)(3) of such Code (relating to effective date of 74 Stat. 926; 78 Stat. 1077. certificate) is amended by adding at the end thereof the following new subparagraph: “(D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years.” (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 26 USC 1402. (e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the 42 USC 401. Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. Sec. 342. rectifying error in interpreting law with respect to certain school employees in alaska For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. Sec. 343. continuation of child’s insurance benefits after adoption by brother or sister (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out “or uncle” and inserting in lieu thereof “uncle, brother, or sister”. (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child’s 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 344. disability insurance benefits for the blind; special provisions (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or “(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in paragraph (1)), not less than one-half (and not less than 6) oi the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage.” (b) Section 223(c)(1) of such Act is amended by striking out subparagraph 70 Stat. 815. 42 USC 423. (B) and inserting in lieu thereof the following: “(B) (i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or “(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 216(i)(1)), not less than one-half (and not 68 Stat. 1080. 42 USC 416. less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage.” (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence Ante, p. 367. at the end thereof: “No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self-employment Ante, pp. 370, 375, 397; 64 Stat. 482. 42 USC 402. income of such individual.” (d) The first sentence of section 223(c)(2) of such Act (as amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.” (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filed in or after the month in which this Act is enacted.
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 156(a) · 81 Stat. 821
Substituted · 42 U.S.C. § 416(c)(5)
Pub. L. 90–248, § 156(a), substituted “not less than nine months” for “not less than one year”
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 90–248, § 156(a), substituted “not less than nine months” for “not less than one year”.
Enacted provision · exact public law section
(a) Section 216 (c) of the Social Security Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”.
1968
Social Security Amendments of 1967
Pub. L. 90–248 title I · 81 Stat. 821
1. Inserted · 42 U.S.C. § 416(e)
  Pub. L. 90–248, §§ 150(a), 156(b), inserted in first sentence “not less than nine months immediately preceding” before “the day on which such individual died”
2. Added · 42 U.S.C. § 416(e)
  Pub. L. 90–248, §§ 150(a), 156(b), added, in second sentence, cl. (A) and incorporated existing provisions in cl. (B)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 90–248, §§ 150(a), 156(b), inserted in first sentence “not less than nine months immediately preceding” before “the day on which such individual died”, and added, in second sentence, cl. (A) and incorporated existing provisions in cl. (B).
Enacted provision · exact public law
TITLE I— OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE Part 1— Benefits Under the Old-Age, Survivors, and Disability Insurance Program Sec. 101. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $15. 60 $48. 00 ......................................... $74 $55. 00 $82. 50 or less $15. 61 16. 20 49. 00 $75 76 55. 40 83. 10 16. 21 16. 84 50. 00 77 78 56. 50 84. 80 16. 85 17. 60 51. 00 79 80 57. 70 86. 60 17. 61 18. 40 52. 00 81 81 58. 80 88. 20 18. 41 19. 24 53. 00 82 S3 59. 90 89. 90 19. 25 20. 00 54. 00 84 85 61. 10 91. 70 20. 01 20. 64 55. 00 86 87 62. 20 93. 30 20. 65 21. 28 56. 00 88 89 63. 30 95. 00 21. 29 21. 88 57. 00 90 90 64. 50 90. 80 21. 89 22. 28 58. 00 91 92 65. 60 98. 40 22. 29 22. 68 50. 00 93 94 66. 70 100. 10 22. 69 23. 08 60. 00 95 96 67. 80 101. 70 23. 09 23. 44 61. 00 97 97 69. 00 103. 50 23. 45 23. 76 62. 10 98 99 70. 20 105. 30 23. 77 24. 20 63. 20 100 101 71. 50 107. 30 24. 21 24. 60 64. 20 102 102 72. 60 108. 90 24. 61 25. 00 65. 30 103 104 73. 80 110. 70 25. 01 25. 48 66. 40 105 106 75. 10 112. 70 25. 49 25. 92 67. 50 107 107 76. 30 114. 50 25. 93 28. 40 68. 50 108 109 77. 50 116. 30 26. 41 26. 94 69. 60 110 113 78. 70 118. 10 26. 95 27. 46 70. 70 114 118 79. 90 119. 90 27. 47 28. 00 71. 70 119 122 81. 10 121. 70 28. 01 28. 68 72. 80 123 127 82. 30 123. 50 “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $28. 69 $29. 25 $73. 90 $128 $132 $83. 60 $125. 40 29. 26 29. 68 74. 90 133 136 84. 70 127. 10 29. 69 30. 36 76. 00 137 141 85. 90 128. 90 30. 37 30. 92 77. 10 142 146 87. 20 130. 80 30. 93 31. 36 78. 20 147 150 88. 40 132. 60 31. 37 32. 00 79. 20 151 155 89. 50 134. 30 32. 01 32. 60 80. 30 156 160 90. 80 136. 20 32. 61 33. 20 81. 40 161 164 92. 00 138. 00 33. 21 33. 88 82. 40 165 169 93. 20 139. 80 33. 88 34. 50 83. 50 170 174 94. 40 141. 60 34. 31 35. 00 84. 60 175 178 95. 60 143. 40 35. 01 35. 80 85. 60 179 183 90. 80 146. 40 35. 81 36. 40 86. 70 184 188 98. 00 150. 40 36. 41 37. 08 87. 80 189 193 99. 30 154. 40 37. 09 37. 60 88. 90 194 197 100. 50 157. 60 37. 61 38. 20 89. 90 198 202 101. 60 161. 60 38. 21 39. 12 91. 00 203 207 102. 90 165. 60 39. 13 39. 68 92. 10 208 211 104. 10 168. 80 39. 69 40. 33 93. 10 212 216 105. 20 172. 80 40. 34 41. 12 94. 20 217 221 106. 50 176. 80 41. 13 41. 76 96. 30 222 225 107. 70 180. 00 41. 77 42. 44 96. 30 226 230 108. 90 184. 00 42. 45 43. 20 97. 40 231 235 110. 10 188. 00 43. 21 43. 76 98. 50 236 239 111. 40 191. 20 43. 77 44. 44 99. 60 240 244 112. 60 195. 20 44. 45 44. 88 100 60 245 249 113. 70 199. 20 44. 89 45. 60 101. 70 250 253 115. 00 202. 40 102. 80 254 258 116. 20 206. 40 103. 80 259 263 117. 30 210. 40 104. 90 264 267 118. 60 213. 60 106. 00 268 272 119. 80 217. 60 107. 00 273 277 121. 00 221. 60 108. 10 278 281 122. 20 224. 80 109. 20 282 286 123. 40 228. 80 110. 30 287 291 124. 70 232. 80 111. 30 292 295 125. 80 236. 00 112. 40 296 300 127. 10 240. 00 113. 50 301 305 128. 30 244. 00 114. 50 306 309 129. 40 247. 20 115. 60 310 314 130. 70 251. 20 116. 70 315 319 131. 90 255. 20 117. 70 320 323 133. 00 258. 40 118. 80 324 328 134. 30 262. 40 110. 90 329 333 135. 50 266. 40 121. 00 334 337 136. 80 269. 60 122. 00 338 342 137. 90 273. 00 123. 10 343 347 139. 10 277. 60 124. 20 348 351 140. 40 280. 80 125. 20 352 356 141. 50 284. 80 126. 30 357 361 142. 80 288. 80 127. 40 362 365 144. 00 292. 00 128. 40 366 370 145. 10 296. 00 129. 50 371 375 146. 40 300. 00 130. 60 376 379 147. 60 303. 20 131. 70 380 384 148. 90 307. 20 132. 70 385 389 150. 00 311. 20 133. 80 390 393 151. 20 314. 40 134. 90 394 398 152. 50 318. 40 135. 90 399 403 153. 60 322. 40 137. 00 404 407 154. 90 325. 60 138. 00 408 412 156. 00 329. 60 139. 00 413 417 157. 10 333. 60 140. 00 418 421 158. 20 336. 80 141. 00 422 426 159. 40 340. 80 142. 00 427 431 160. 50 344. 80 143. 00 432 436 161. 60 348. 80 144. 00 437 440 162. 80 350. 40 145. 00 441 445 163. 90 352. 40 146. 00 446 450 165. 00 354. 40 147. 00 451 454 166. 20 356. 00 148. 00 455 459 167. 30 358. 00 149. 00 460 464 168. 40 360. 00 150. 00 465 468 169. 50 361. 60 151. 00 469 473 170. 70 363. 60 “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $152. 00 $474 $478 $171. 80 $365. 60 163. 00 479 482 172. 90 367. 20 154. 00 483 487 174. 10 369. 20 155. 00 488 492 175. 20 371. 20 156. 00 493 496 176. 30 372. 80 157. 00 497 501 177. 50 374. 80 158. 00 502 506 178. 60 376. 80 159. 00 507 510 179. 70 378. 40 160. 00 511 515 180. 80 380. 40 161. 00 516 520 182. 00 382. 40 162. 00 521 524 183. 10 384. 00 163. 00 525 529 184. 20 386. 00 164. 00 530 534 185. 40 388. 00 165. 00 535 538 186. 50 389. 60 166. 00 539 543 187. 60 391. 60 167. 00 544 548 188. 80 393. 60 168. 00 549 553 189. 90 395. 60 554 556 191. 00 396. 80 557 560 192. 00 398. 40 561 563 193. 00 399. 60 564 567 194. 00 401. 20 568 570 195. 00 402. 40 571 574 196. 00 404. 00 575 577 197. 00 405. 20 578 581 198. 00 406. 80 582 584 199. 00 408. 00 585 588 200. 00 400. 60 589 591 301. 00 410. 80 592 595 202. 00 412. 40 596 598 203. 00 413. 60 599 602 204. 00 415. 20 603 605 205. 00 416. 40 606 609 206. 00 418. 00 610 612 207. 00 419. 20 613 616 208. 00 420. 80 617 620 209. 00 422. 40 621 623 210. 00 423. 60 624 627 211. 00 425. 20 628 630 212. 00 426. 40 631 634 213. 00 428. 00 635 637 214. 00 429. 20 638 641 215. 00 430. 80 642 644 216. 00 432. 00 645 648 217. 00 433. 60 649 650 218. 00 434. 40”. (b) Section 203(a) of such Act is amended by striking out paragraph (2) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly 42 USC 402, 423. benefits under section 202 or 223 for the month of February 1968 on the basis of the wages and self-employment income of such insured individual, such total of benefits for such month or any subsequent month shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(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 of 42 USC 422; Post, pp. 830–832. section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), as in effect prior to February 1968, for each such person for February 1968, by 113 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 42 USC 403. not be applied to such total or benefits after the application of subparagraph (B), and (ii) if section 202(k)(2)(A) was applicable in the case of any such benefits for the month of February 1968, 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 February 1968, or”. (c) (1) Section 215(b)(4) of such Act is amended to read as 79 Stat. 364. 42 USC 415. follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after January 1968, to benefits under section 202(a) or section 223; or 42 USC 402, 423. “(B) who dies after January 1968 without being entitled to benefits under section 202(a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2).” Post, p. 865. (2) Section 215(b)(5) of such Act is repealed. Repeal. 79 Stat. 364. 42 USC 415. 79 Stat. 363. (d) Section 215(c) of such Act is amended to read as follows: “(c) “Primary Insurance Amount Under 1965 Act (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance Ante, p. 824. amount shall be computed on the basis of the law in effect prior to the enactment of the Social Security Amendments of 1967. “(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 month of February 1968, or who died before such month.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Post, p. 833. months after January 1968 and with respect to lump-sum death payments under such title in the case of deaths occurring after January 1968. (f) If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for the month of January 1968 and became entitled to old-age insurance benefits under section 202(a) of such Act for the month of February 1968, or who died in such month, then, for purposes of section 215(a)(4) of the Social Security Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the Ante, p. 824. 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 Supra. insurance amount on which his disability insurance benefit is based. Sec. 102. increase in benefits for certain individuals age 72 and over (a) (1) Section 227(a) of the Social Security Act is 79 Stat. 379. 42 USC 427. amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (2) Section 227(b) of such Act is amended by striking out in the second sentence “$35” and inserting in lieu thereof “$40”. (b) (1) Section 228 (b)(1) of such Act is amended by striking out 80 Stat. 67. 42 USC 428. “$35” and inserting in lieu thereof “$40”. (2) Section 228(b)(2) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (3) Section 228(c)(2) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (4) Section 228(c)(3)(A) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”. (5) Section 228(c)(3)(B) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (c) The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security 42 USC 401–428; Post, p. 833. Act for months after January 1968. Sec. 103. maximum amount of a wife’s or husband’s insurance benefit (a) Section 202(b)(2) of the Social Security Act is amended to read as follows: “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month or (B) $105.” (b) Section 202(c)(3) of such Act is amended to read as follows: “(3) Except as provided in subsection (q), such husband’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of his wife for such month, or (B) $105.” (c) Section 202(e)(4) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (d) Section 202(f)(5) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (e) The amendments made by subsections (a), (b), (e). and (d) shall apply with respect to monthly benefits under title II of the Social Security Act for months after January 1968. Sec. 104. benefits to disabled widows and widowers (a) (1) Subparagraph (B) of section 202(e)(1) of the Social Security Act is amended to read as follows: “(B) (i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section Post, p. 868. 223(d)) which began before the end of the period specified in Post, p. 829. paragraph (5),”. (2) So much of section 202(e)(1) of such Act as follows subparagraph (E) is amended to read as follows: “shall be entitled to a widow’s insurance benefit for each month, beginning with— “(F) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or “(G) if she satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after her waiting period (as defined in paragraph (6)) in which she becomes so entitled to such Infra. insurance benefits, or “(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (5) and (II) after the month in which a Infra. previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent, of the primary insurance amount of such deceased individual, or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month).” (3) Section 202(e) of such Act is further amended by adding after 79 Stat. 403. 42 USC 402. paragraph (4) the following new paragraphs: “(5) The period referred to in paragraph (l)(B)(ii), in the case Ante, p. 828. of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or “(B) the last month for which she was entitled to mother’s insurance benefits on the basis of the wages and self-employment income of such individual, or “(C) the month in which a previous entitlement to widow’s insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(6) The waiting period referred to in paragraph (1)(G), in the Supra. case of any widow or surviving divorced wife, is the earliest period of six consecutive calendar months— “(A) throughout which she has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which her application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (5) begins.” (b) (1) Subparagraph (B) of section 202(f)(1) of such Act is 64 Stat. 485; 75 Stat. 131. amended to read as follows: “(B) (i) has attained age 62, or (ii) has attained age 50 but has not attained age 62 and is under a disability (as defined in section 223(d)) which began before the end of the period specified Post, p. 868. Post, p. 830. in paragraph (6),”. (2) So much of section 202(f)(1) of such Act as follows subparagraph (E) is amended to read as follows: 64 Stat. 485; 71 Stat. 519. “shall be entitled to a widower’s insurance benefit for each month, beginning with— “(F) if he satisfies subparagraph (B) by reason of clause (i) Supra. thereof, the first month in which he becomes so entitled to such insurance benefits, or “(G) if he satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after his waiting period (as defined in Infra. paragraph (7)) in which he becomes so entitled to such insurance benefits, or “(ii) the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period Intra. specified in paragraph (6) and (II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82% percent of the primary insurance amount of his deceased wife, or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month).” (3) Section 202(f)(3) of such Act is amended by inserting “subsection (q) and” after “provided in”. (4) Section 202(f) of such Act is further amended by adding after paragraph (5) the following new paragraphs: “(6) The period referred to in paragraph (1)(B)(ii), in the case of any widower, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based, or “(B) the month in which a previous entitlement to widower’s insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased, and ending with the month before the month in which he attains age 62, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(7) The waiting period referred to in paragraph (1)(G), in the case of any widower, is the earliest period of six consecutive calendar months— “(A) throughout which he has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which his application is filed, or (ii) the first day of the sixth month before the month in which the period Supra. 79 Stat. 368. specified in paragraph (6) begins.” (c) (1) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Benefit Amounts for Certain Beneficiaries” (2) So much of section 202(q)(1) of such Act as precedes subparagraph (A) is amended by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (3) Subparagraph (A) of section 202(q)(1) of such Act is amended by striking out “or widow’s” and inserting in lieu thereof “, widow’s, or widower’s”. (4) Section 202 (q)(1) of such Act is amended by adding at the end thereof the following: “A widow’s or widower’s insurance benefit reduced pursuant to the preceding sentence shall be further reduced by— “(C) 43/198 of 1 percent of the amount of such benefit, multiplied by “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), Post, p. 832 if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (5) Section 202(q)(3)(A) of such Act is amended— 75 Stat. 132; 79 Stat. 368, 374. 42 USC 402. (A) by striking out “or widow’s” each place it appears and inserting in lieu thereof “widow’s, or widower’s”; (B) by striking out “a widow’s” and inserting in lieu thereof “a widow’s or widower’s”; and (C) by striking out “60” and inserting in lieu thereof “50”. (6) Section 202(q)(3)(C) of such Act is amended by striking out 79 Stat. 369. “or widow’s” each time it appears and inserting in lieu thereof “widow’s, or widower’s”. (7) Section 202(q)(3)(D) of such Act is amended by striking out 75 Stat. 132; 79 Stat. 368, 374. “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (8) Section 202(q)(3)(E) of such Act is amended— 79 Stat. 374. (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (9) Section 202(q)(3)(F) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widowers”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (10) Section 202(q)(3)(G) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “he” and inserting in lieu thereof “she or he”. (11) Section 202(q)(6) of such Act is amended to read as follows: 75 Stat. 138; 79 Stat. 368. “Reduction period.” “(6) For the purposes of this subsection— “(A) the ‘reduction period’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the period— “(i) beginning— “(I) in the case of an old-age or husband’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or “(II) in the case of a wife’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or “(III) in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and “(ii) ending with the last day of the month before the month in which such individual attains retirement age; and “(B) the ‘additional reduction period’ for an individual’s widow’s or widower’s insurance benefit is the period— “(i) beginning with the first day of the first month for which such individual is entitled to such benefit, but only if such individual has not attained age 60 in such first month, and “(ii) ending with the last day of the month before the month in which such individual attains age 60.” (12) Section 202(q)(7) of such Act is amended— (A) by inserting “or ‘additional adjusted reduction period’” after “the ‘adjusted reduction period’ (B) by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”; (C) by inserting “or additional reduction period (as the case may be)” after “the reduction period”; and (D) by striking out “widow’s” in subparagraph (E) and inserting in lieu thereof “widow’s or widower’s”, by striking out “she” each place it appears in such subparagraph and inserting in lieu thereof “she or he”, and by striking out “her” in such subparagraph and inserting in lieu thereof “her or his”. (13) Section 202(g)(9) of such Act is amended by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”. (d) (1) (A) The third sentence of section 203(c) of such Act is amended by striking out “or any subsequent month” and inserting in lieu thereof “or any subsequent month; nor shall any deduction be made under this subsection from any widow’s insurance benefit for any month in which the widow or surviving divorced wife is entitled and has not attained age 62 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 62” (B) The third sentence of section 203(f)(1) of such Act is amended by striking out “or (D)” and inserting m lieu thereof the following: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 62 (but only if she became so entitled prior to attaining age 60) or widower’s insurance benefits and has not attained age 62, or (E)”. (C) Section 203(f)(2) of such Act is amended by striking out “and (D)” and inserting in lieu thereof “(D), and (E)”. (D) Section 203(f)(4) of such Act is amended by striking out “(D)” and inserting in lieu thereof “(E)”. (2) Section 216(1)(1) of such Act is amended by inserting “202(e), 202(f),” after “202(d),”. (3) (A) Section 222(a) of such Act is amended by inserting “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”. (B) Section 222(b)(1) of such Act is amended by striking out “child’s insurance benefits or if” and inserting in lieu thereof “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or”. (4) (A) Section 222(d)(1) of such Act is amended by inserting “or” at the end of subparagraph (B), and by inserting after such subparagraph the following new subparagraphs: “(C) entitled to widow’s insurance benefits under section 202 (e) prior to attaining age 60, or “(D) entitled to widower’s insurance benefits under section 202 (f) prior to attaining age 62,”. 42 USC 402. 79 Stat. 408. 42 USC 422. (B) Section 222(d)(1) of such Act is further amended by striking out “who have attained age 18 and are under a disability,” in the first sentence and inserting in lieu thereof the following: “who have attained age 18 and are under a disability, the benefits under section 202(e) for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 202(f) for widowers who have not attained age 62,”. (5) (A) The first sentence of section 225 of such Act is amended 70 Stat. 817. 42 USC 425. by inserting after “under section 202(d),” the following: “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 202(e), or that a widower who has not attained age 62 and is entitled to benefits under section 202(f),”. (B) The first sentence of section 225 of such Act is further amended by striking out “223 or 202(d)” and inserting in lieu thereof “202(d). 202(e),202(f),or 223”. (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 105. insured status for younger disabled workers (a) Subparagraph (B)(ii) of section 216(i)(3) of the Social Security Act is amended by striking out “and he is under a 79 Stat. 412. 42 USC 416. disability by reason of blindness (as defined in paragraph (1))”. (b) Subparagraph (B)(ii) of section 223(c)(1) of such Act is 79 Stat. 413. 42 USC 423. amended by striking out “before he attains” and inserting in lieu thereof “before the quarter in which he attains”, and by striking out “and he is under a disability by reason of blindness (as defined in section 216(i)(1))”. (c) The amendment made by subsection (a) shall apply only with respect to applications for disability determinations filed under section 216(i) or the Social Security Act in or after the month in which this Act is enacted. The amendments made by subsection (b) shall apply with respect to monthly benefits under title II of such Act for months after January 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 106. benefits in case of members of the uniformed services Title II of the Social Security Act is amended by adding 53 Stat. 1362; 80 Stat. 67. 42 USC 401–428. at the end thereof the following new section: “Sec. 229. “benefits in case of members of the uniformed services (a) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1967, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216 (i)(3), such individual shall be deemed to have been paid, in each calendar quarter occurring after 1967 in which he was paid wages for service as a member of a uniformed service (as defined in section 210(m)) which was included in the term ‘employment’ as defined in section 210(a) as a result of the provisions or sec-tion 210(1), wages (in addition to the wages actually paid to him for such service) of— “(1) $100 if the wages actually paid to him in such quarter for such services were $100 or less, “(2) $200 if the wages actually paid to him in such quarter for such services were more than $100 but not more than $200, or “(3) $300 in any other case. “(b) There are authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund 42 USC 401 et seq., 1395c–1395i. annually, as benefits under this title and part A of title XVIII are paid after December 1967, such sums as the Secretary determines to be necessary to meet (1) the additional costs, resulting from subsection (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts. Such additional costs shall be determined after any increases in such benefits arising from the application of section 217 have been made.” Sec. 107. liberalization of earnings test (a) (1) Paragraphs (1), (3), and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$125” and inserting in lieu thereof “$140”. (2) Paragraph (1)(A) of section 203(h) of such Act is amended by striking out “$125” and inserting in lieu thereof “$140”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 1967. Sec. 108. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(4) of the Social Security Act is amended by inserting “and prior to 1968” after “1965”. (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(5) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $7,800 with respect to employment has been paid to an individual during any calendar year after 1967, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(D) of such Act is amended by inserting “and prior to 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(E) For any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a calendar year after 1967”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967”. (4) Section 215(e)(1) of such Act is amended by striking out “and the excess over $6,600 in the case of any calendar year after 1965” and inserting in lieu thereof “the excess over $6,600 in the case of any calendar year after 1965 and before 1968, and the excess over $7,800 in the case of any calendar year after 1967”. (b) (1) (A) Section 1402(b)(1)(D) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 79 Stat. 393. by inserting “and before 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402 (b)(1) of such Code is further amended by adding 68 Stat. 1088; 79 Stat. 393. at the end thereof the following new subparagraph: “(E) for any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of wages) is amended by striking out “$6,600” each place it appears and 79 Stat. 393. inserting in lieu thereof “$7,800”. (3) The second sentence of section 3122 of such Code (relating to Federal service) is amended by striking out “$6,600” and inserting in lieu thereof “$7,800”. (4) Section 3125 of such Code (relating to returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia) is amended by striking out “$6,600” each place it appears and inserting in lieu thereof “$7,800”. (5) Section 6413 (c)(1) of such Code (relating to special refunds of employment taxes) is amended— 79 Stat. 393, 394. (A) by inserting “and prior to the calendar year 1968” after “the calendar year 1965”; (B) by inserting after “exceed $6,600,” the following: “or (D) during any calendar year after the calendar year 1967, the wages received by him during such year exceed $7,800,”; and (C) by inserting before the period at the end thereof the following: “and before 1968, or which exceeds the tax with respect to the first $7,800 of such wages received in such calendar year after 1967”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $6,600 for any calendar year after 1965” and inserting in lieu thereof “$6,600 for the calendar year 1966 or 1967, or $7,800 for any calendar year after 1967”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1967. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1967. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1967. Sec. 109. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended by striking 79 Stat. 394. out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1969, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1971, the tax shall be equal to 6.3 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1970, and before January 1, 1973, the tax shall be equal to 6.9 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(a) of such Code (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages received during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages received during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 5.0 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages paid during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages paid during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 5.0 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1973, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax shall be equal to 0.65 percent of the amount of the self-employment income for such taxable year; . “(3) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year; and “(5) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.90 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(b) of such Code (relating to rate of tax on employees for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages received after December 31, 1986, the rate shall be 0.90 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking 79 Stat. 396. out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages paid after December 31, 1986, the rate shall be 0.90 percent.” (c) The amendments made by subsections (a)(1) and (b)(1) shall apply only with respect to taxable years beginning after December 31, 1967. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1967. Sec. 110. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is 70 Stat. 819; 79 Stat. 370. 42 USC 401. amended— (1) by inserting “(A)”after “(1)”; (2) by striking out “1954, and” and inserting in lieu thereof “1954, (B)”; (3) by inserting “and before January 1, 1968,” after “December 31, 1965,”; and (4) by inserting after “so reported,” the following: “and (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and so reported,”. (b) Section 201 (b)(2) of such Act is amended— (1) by inserting“(A)” after “(2)”; (2) by striking out “1966, and” and inserting in lieu thereof “1966, (B)”;and (3) by inserting after “December 31, 1965,” the following: “and before January 1, 1968, and (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1967,”. Sec. 111. extension of time for filing application for disability freeze where failure to make timely application is due to incompetency (a) Section 216(i)(2) of the Social Security Act is 79 Stat. 367, 400. 42 USC 416. amended (1) by striking out “No” in subparagraph (E) and inserting in lieu thereof “Except as is otherwise provided in subparagraph (F), no”, (2) by redesignating subparagraph (F) as subparagraph (G), and (3) by adding after subparagraph (E) the following new subparagraph: “(F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph 79 Stat. 367. 42 USC 416. (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— “(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and “(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, “(I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, “(II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and “(III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.” (b) No monthly insurance benefits under title II of the Social Security Act shall be payable or increased for any month before the month in which this Act is enacted by reason of amendments made by subsection (a). Sec. 112. benefits for certain adopted children (a) Section 202(d)(8) of the Social Security Act (as redesignated by section 151(c) of this Act) is amended— (1) by striking out the period at the end of subparagraph (D), and inserting in lieu of such period “; or”, and (2) by adding after and below subparagraph (D) the following new subparagraph: “(E) was legally adopted by such individual— “(i) in an adoption which took place under the supervision of a public or private child-placement agency, “(ii) in an adoption decreed by a court of competent jurisdiction within the United States, “(iii) on a date immediately preceding which such individual had continuously resided for not less than one year within the United States; “(iv) at a time prior to the attainment of age 18 by such child.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of 42 USC 401–428; Ante, p. 833. applications filed after the date of enactment of this Act. Part 2— Coverage Under the Old-Age, Survivors, and Disability Insurance Program Sec. 115. coverage of ministers (a) The last sentence of section 211(c) of the Social Security Act is amended to read as follows: “The provisions of paragraph 79 Stat. 380. 42 USC 411. (4) or (5) shall not apply to service (other than service performed by it member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under section 1402(e) of the Internal Revenue Code of 1954 is Infra. effective with respect to him.” (b) (1) The last sentence of section 1402(c) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is 79 Stat. 381. amended to read as follows: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under subsection (e) is effective with respect to him.” (2) Section 1402(e) of such Code (relating to ministers, members of religious orders, and Christian Science practitioners) is amended to 68 Stat. 1088. read as follows: “(e) Ministers, Members of Religious Orders, and Christian Science Practitioners.— “(1) Exemption.— Any individual who is (A) a duly ordained, commissioned, or licensed minister of a church or a member of a religious order (other than a member of a religious order who has taken a vow of poverty as a member of such order) or (B) a Christian Science practitioner, upon filing an application (in such form and manner, and with such official, as may be prescribed by regulations made under this chapter) together with a statement 26 USC 1401–1403. that either he is conscientiously opposed to, or because of religious principles he is opposed to, the acceptance (with respect to services performed by him as such minister, member, or practitioner) of any public insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act), shall receive an exemption from the tax imposed by 42 USC 1305. this chapter with respect to services performed by him as such minister, member, or practitioner. Notwithstanding the preceding sentence, an exemption may not be granted to an individual under this subsection if be had filed an effective waiver certificate under this section as it was in effect before its amendment in 1967. “(2) Time for filing application.— Any individual who desires to file an application pursuant to paragraph (1) must file such application on or before whichever of the following dates is later: (A) the due date of the return (including any extension thereof) for the second taxable year for which he has net earn-ings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or (B) the due date of the return (including any extension thereof) for his second taxable year ending after 1967. “(3) Effective date of exemption.— An exemption received by an individual pursuant to this subsection shall be effective for the first taxable year for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5), and for all succeeding taxable years. An exemption received pursuant to this subsection shall be irrevocable.” (c) The amendments made by subsections (a) and (b) shall apply only with respect to taxable years ending after 1967. Sec. 116. coverage of state and local employees (a) Section 218(d)(6)(D) of the Social Security Act is amended by inserting “(i)” after “(D)”, and by adding at the end thereof the following: “(ii) Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this title.” (b) (1) (A) Section 218(c)(3) of such Act is amended by striking out subparagraph (A), and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). respectively. (B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”. (C) Paragraph (4)(C) of section 218(d) of such Act is amended by striking out “subsection (c)(3)(C)” and inserting in lieu thereof “subsection (c)(3)(B)”. (2) Section 218(c)(6) of such Act is amended— (A) by striking out “and” at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding at the end thereof the following new subparagraph: “(E) service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency.” (3) The amendments made by this subsection shall be effective with respect to services performed on or after January 1, 1968. (c) Section 218(c) of such Act is amended by adding at the end thereof the following new paragraph: “(8) Notwithstanding any other provision of this section, the agreement with any State entered into under this section may at the option of the State be modified on or after January 1, 1968, to exclude service performed by election officials or election workers if the remuneration paid in a calendar quarter for such service is less than $50. Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.” (d) The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1967” and inserting in lieu thereof 72 Stat. 1039; 79 Stat. 385. 42 USC 418. “1970”. Sec. 117. inclusion of illinois among states permitted to divide their retirement systems Section 218(d)(6)(C) of the Social Security Act is amended by inserting “Illinois,” after “Georgia,”. Sec. 118. taxation of certain earnings of retired partner (a) Section 1402(a) of the Internal Revenue Code of 1954 (relating to definition of net earnings from self-employment) is 68A Stat. 353; 68 Stat. 1087. amended— (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (9) the following new paragraph: “(10) there shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, m which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (b) Section 211(a) of the Social Security Act is amended— 64 Stat. 502; 68 Stat. 1055. 42 USC 411. (1) by striking out “and” at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (8) the following new paragraph: “(9) There shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary of the Treasury or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, in which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (c) The amendments made by this section shall apply only with respect to taxable years ending on or after December 31, 1967. Sec. 119. inclusion of puerto rico among states permitted to include firemen and policemen; validation of certain past coverage in the state of nebraska (a) Section 218(p) of the Social Security Act is amended by inserting “Puerto Rico,” after “Oregon,”. (b) In any case in which— (1) an individual has performed services prior to the enactment of this Act in the employ of a political subdivision of the State of Nebraska in a fireman’s position, and (2) amounts, equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal 79 Stat. 395, 396. Revenue Code of 1954 had such services constituted employment for purposes of section 21 of such Code at the time they were performed, were timely paid in good faith to the Secretary of the Treasury, and (3) no refunds of such amounts paid in lieu of taxes have been obtained, the amount of the remuneration for such services with respect to which such amounts have been paid shall be deemed to constitute remuneration for employment as defined in section 209 of the Social 42 USC 409. Security Act. Sec. 120. coverage of firemen’s positions pursuant to a state agreement (a) Section 218(p) of the Social Security Act is amended by— (1) inserting “(1)” after “(p)”; and (2) adding the following paragraph: “(2) A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this title to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary of Health, Education, and Welfare that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.” (b) Nothing in the amendments made by subsection (a) shall authorize the extension of the insurance system established by title 42 USC 401–428; Ante, p. 833. II of the Social Security Act under the provisions of section 218(d)(6)(C) of such Act to service in any fireman’s position. (c) The amendment made by this section shall apply in the case of any State with respect to modifications of such State agreement under section 218 of the Social Security Act made after the date of enactment of this Act. Sec. 121. validation of coverage erroneously reported Section 218(f) of the Social Security Act is amended by 68 Stat. 1058; 72 Stat. 1040. 42 USC 418. adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of paragraph (2) of this subsection, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services 79 Stat. 395, 396. constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2).” Sec. 122. coverage of fees of state and local government employees as self-employment income (a) (1) Section 211(c)(1) of the Social Security Act is 64 Stat. 503. 42 USC 411. amended to read as follows: “(1) The performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (2) Section 211(c)(2) of such Act is amended (A) by striking out 74 Stat. 945. “and” at the end of subparagraph (C); (B) by striking out the semi-colon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (b) (1) Section 1402(c)(1) of the Internal Revenue Code of 1954 68A Stat. 355. is amended to read as follows: “(1) the performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;”. (2) Section 1402(c)(2) of such Code is amended (A) by striking 74 Stat. 945. out “and” at the end of subparagraph (C); (B) by striking out the semicolon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;” (c) (1) The amendments made by subsections (a) and (b) of this section shall apply with respect to fees received after 1967. (2) Notwithstanding the provisions of subsections (a) and (b) of this section, any individual who in 1968 is in a position to which the amendments made by such subsections apply may make an irrevocable election not to have such amendments apply to the fees he receives in 1968 and every year thereafter, if on or before the due date of his income tax return for 1968 (including any extensions thereof) he files with the Secretary of the Treasury or his delegate, in such manner as the Secretary of the Treasury or his delegate shall by regulations prescribe, a certificate of election of exemption from such amendments. (d) Section 218 of the Social Security Act is further amended by adding the following new subsection: “(u) “Positions Compensated Solely on a Fee Basis (1) Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply prior to 1968 only if the State specifically requests that its agreement made applicable to such service in such class or classes of positions. “(2) Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. “(3) Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modification is agreed to by the Secretary and the State. “(4) If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Secretary and the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions.” Sec. 123. family employment in a private home (a) Section 210(a)(3)(B) of the Social Security Act is amended by inserting after the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (b) Section 3121(b)(3)(B) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting after 74 Stat. 942. the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter, stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (c) The amendments made by this section shall apply with respect to services performed after December 31, 1967. Sec 124. termination of coverage of employees of the massachusetts turnpike authority (a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act the Secretary may, under such conditions as 64 Stat. 516. 42 USC 418. he deems appropriate, permit the State of Massachusetts to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of the employees of the Massachusetts Turnpike Authority effective at the end of any calendar quarter within the two years next following the date on which such agreement is so modified. (b) If the coverage of employees of the Massachusetts Turnpike Authority is terminated pursuant to subsection (a), coverage cannot later be extended to the employees of such Authority. Part 3— Health Insurance Benefits Sec. 125. method of payment to physicians under supplementary medical insurance program (a) Section 1842(b)(3)(B) of the Social Security Act is 79 Stat. 310. 42 USC 1395u. amended— (1) by striking out “(i)”; and (2) by striking out “and (ii)” and all that follows and inserting in lieu thereof the following: “and such payment will be made— “(i) on the basis of an itemized bill; or “(ii) on the basis of an assignment under the terms of which the reasonable charge is the full charge for the service; but (in the case of bills submitted, or requests for payment made, after March 1968) only if the bill is submitted, or a written request for payment is made in such other form as may be permitted under regulations, no later than the close of the calendar year following the year in which such service is furnished (deeming any service furnished in the last 3 months of any calendar year to have been furnished in the succeeding calendar year) (b) The amendments made by subsection (a) shall apply with respect to claims on which a final determination has not been made on or before the date of enactment of this Act. Sec. 126. elimination of requirement of physician certification in case of certain hospital services (a) Section 1814(a) of the Social Security Act (as amended by section 129(c)(5) of this Act) is amended— (1) by striking out subparagraph (A) of paragraph (2); (2) by redesignating subparagraphs (B), (C), (D), and (E) of paragraph (2) as subparagraphs (A), (B), (C), and (D), respectively; (3) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; (4) by inserting immediately after paragraph (2) the following new paragraph: “(3) with respect to inpatient hospital services (other than inpatient psychiatric hospital services and inpatient tuberculosis hospital services) which are furnished over a period of time, a physician certifies that such services are required to be given on an inpatient basis for such individual’s medical treatment, or that inpatient diagnostic study is medically required and such services are necessary for such purpose, except that (A) such certification shall be furnished only in such cases, with such frequency, and accompanied by such supporting material, appropriate to the cases involved, as may be provided by regulations, and (B) the first such certification required in accordance with clause (A) shall be furnished no later than the 20th day of such period;”; and (5) by striking out “(D), or (E)” in the last sentence and inserting in lieu thereof “or (D)”. (b) Section 1835(a)(2)(B) of such Act is amended by inserting after “medical and other health services,” the following: “except services Post, p. 847. described in subparagraphs (B) and (C) of section 1861(s)(2),”. (c) The amendments made by this section shall apply with respect to services furnished after the date of the enactment or this Act. Sec. 127. inclusion of podiatrists’ services under supplementary medical insurance program (a) Section 1861 (r) of the Social Security Act is amended— (1) by striking out “or (2)” and inserting in lieu thereof “(2)”; and (2) by inserting before the period at the end thereof the following: “, or (3) except for the purposes of section 1814(a), section 1835, and subsections (j), (k), (m), and (o) of this section, a doctor of podiatry or surgical chiropody, but (unless clause (1) of this subsection also applies to him) only with respect to functions which he is legally authorized to perform as such by the State in which he performs them”. (b) Section 1862(a) of such Act is amended— (1) by striking out “or” at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”; and (3) by adding after paragraph (12) the following new paragraph: “(13) where such expenses are for— “(A) the treatment of flat foot conditions and the prescription of supportive devices therefor, “(B) the treatment of subluxations of the foot, or “(C) routine foot care (including the cutting or removal of corns, warts, or calluses, the trimming of nails, and other routine hygienic care).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 128. exclusion of certain services Section 1862(a)(7) of the Social Security Act is amended 79 Stat. 325. 42 USC 1395y. by inserting after “changing eyeglasses,” the following: “procedures performed (during the course of any eye examination) to determine the refractive state of the eyes,”. Sec. 129. transfer of all outpatient hospital services to supplementary medical insurance program (a) Section 1861 (s)(2) of the Social Security Act is 42 USC 1395x. amended— (1) by inserting “(A)” after “(2)”: (2) by striking out “physicians’ bills” and all that follows and inserting in lieu thereof the following: “physicians’ bills; “(B) hospital services (including drugs and biologicals which cannot, as determined in accordance with regulations, be self-administered) incident to physicians’ services rendered to out-patients; and “(C) diagnostic services which are— “(i) furnished to an individual as an outpatient by a hospital or by others under arrangements with them made by a hospital, and “(ii) ordinarily furnished by such hospital (or by others under such arrangements) to its outpatients for the purpose of diagnostic study;”. (b) Section 1861 (s) of such Act is further amended by adding at the end thereof (after and below paragraph (11)) the following new sentence: “There shall be excluded from the diagnostic services specified in paragraph (2)(C) any item or service (except services referred to in paragraph (1)) which— “(12) would not be included under subsection (b) if it were furnished to an inpatient of a hospital; or “(13) is furnished under arrangements referred to in such para graph (2)(C) unless furnished in the hospital or in other facilities operated by or under the supervision of the hospital or its organized medical staff.” (c) (1) Section 226(b)(1) of such Act is amended by striking out 79 Stat. 290. 42 USC 426. “post-hospital home health services, and outpatient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (2) Section 1812(a) of such Act is amended— 79 Stat. 291. 42 USC 1395d. (A) by adding “and” at the end of paragraph (2); (B) by striking out and” at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4). (3) Section 1813(a) of such Act is amended by striking out paragraph 42 USC 1395e. (2), and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (4) (A) Section 1813(b)(1) of such Act is amended by striking out “or diagnostic study”. (B) The first sentence of section 1813(b)(2) of such Act is amended by striking out “or diagnostic study”. (5) (A) Section 1814(a)(2) of such Act is amended— (i) by adding “or” at the end of subparagraph (D); (ii) by striking out “or” at the end of subparagraph (E); and (iii) by striking out subparagraph (F). (B) The last sentence of section 1814(a) of such Act is amended by striking out “(E), or (F)” and inserting in lieu thereof “or (E)”. (6) (A) Section 1814(d) of such Act is amended by striking out “or outpatient hospital diagnostic services”. (B) Section 1832(a)(2)(B) of such Act is amended by striking out “hospital” and inserting in lieu thereof “hospital and the services Infra. 42 USC 1395l. for which payment may be made pursuant to section 1835(b)(2)”. (7) Section 1833(b) of such Act is amended— (A) by striking out “(or regarded under clause (2) as incurred in such preceding year with respect to services furnished in such last three months)”; and (B) by striking out “, and (2)” and all that follows and inserting in lieu thereof a period. (8) Section 1833(d) of such Act is amended by striking out “other than subsection (a)(2)(A) thereof”. (9) (A) Section 1835(a) of such Act is amended by striking out “Payment” and inserting in lieu thereof “Except as provided in subsection (b), payment”. (B) Section 1835 of such Act is further amended by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) (1) Payment may also be made to any hospital for services described in section 1861 (s) furnished as an outpatient service by a hospital or by others under arrangements made by it to an individual entitled to benefits under this part even though such hospital does not have an agreement in effect under this title if (A) such services were emergency services, (B) the Secretary would be required to make such payment if the hospital had such an agreement in effect and otherwise met the conditions of payment hereunder, and (C) such hospital has made an election pursuant to section 1814(d)(1)(C) with respect to the calendar year in which such emergency services are provided. Such payments shall be made only in the amounts provided under section 1833(a)(2) and then only if Post, p. 857. such hospital agrees to comply, with respect to the emergency services provided, with the provisions of section 1866(a). “(2) Payment may also be made on the basis of an itemized bill to an individual for services described in paragraph (1) of this subsection if (A) payment cannot be made under such paragraph (1) solely because the hospital does not elect, in accordance with section 1814(d)(1)(C), to claim such payments and (B) such individual files application (submitted within such time, and in such form and manner, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. The amounts payable under this paragraph shall, subject to the provisions of section 1833, be equal to 80 percent of the hospital’s reasonable charges for such services.” (C) Section 1861(e) of such Act is amended— (i) by striking out “except for purposes of section 1814(d),” and inserting in lieu thereof “except for purposes of sections 1814(d) and 1835(b),”; and (ii) by striking out “(including determination of whether an individual received inpatient hospital services for purposes of such section)” and inserting in lieu thereof “and 1835(b)(including determination of whether an individual received inpatient hospital services or diagnostic services for purposes of such sections)”. (10) Sect ion 1861 (p) of such Act is repealed. Repeal. 79 Stat. 321. 42 USC 1395x. (11) Section 1861(y)(3) of such Act is amended by striking out “1813(a)(4)”and inserting in lieu thereof “1813(a)(3)”. (12) (A) Section 1866(a)(2)(A) of such Act is amended— 42 USC 1395cc. (i) by striking out “, (a)(2), or (a)(4)” and inserting in lieu thereof “or (a)(3)”; and (ii) by striking out “or, in the case of outpatient hospital diagnostic services, for which payment is made under part A”. (B) Section 1866(a)(2)(C) of such Act is amended by striking out “1813(a)(3)” and inserting in lieu thereof “1813(a)(2)”. (13) Section 21(a) of the Railroad Retirement Act of 1937 is 79 Stat. 340. 45 USC 228s–2. amended by striking out “post-hospital home health services, and out-patient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (d) The amendments made by this section shall apply with respect to services furnished after March 31, 1968, except that subsection (c)(5) of such section shall become effective with respect to services furnished after the date of enactment of this Act. Sec. 130. billing by hospital for services furnished to outpatients (a) Section 1835(a) of the Social Security Act (as amended by section 129(c)(9)(A) of this Act) is further amended by Ante, p. 848. striking out “Except as provided in subsection (b),” and inserting in lieu thereof “Except as provided in subsections (b) and (c),”. (b) Section 1835 of such Act (as amended by section 129(c)(9)(B) of this Act) is amended by redesignating subsection (c)(as redesignated) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) Notwithstanding the provisions of this section and sections 1832, 1833, and 1866(a)(1)(A), a hospital may, subject to such limitations 42 USC 1395k, 1395l, 1395cc. 42 USC 1395x. Ante, p. 847. as may be prescribed by regulations, collect from an individual the customary charges for services specified in section 1861 (s) and furnished to him by such hospital as an outpatient, but only if such charges for such services do not exceed $50, and such customary charges shall be regarded as expenses incurred by such individual with respect to which benefits are payable in accordance with section 1833 (a)(1). Payments under this title to hospitals which have elected to Infra. make collections from individuals in accordance with the preceding sentence shall be adjusted periodically to place the hospital in the same position it would have been had it instead been reimbursed in accordance with section 1833(a)(2).” (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 131. payment of reasonable charges for radiological or pathological services furnished by certain physicians to hospital inpatients (a) Section 1833(a)(1) of the Social Security Act is 79 Stat. 302. 42 USC 1395l. amended— (1) by striking out “except that” and inserting in lieu thereof “except that (A)”, and (2) by striking out “of subsection (b)” and inserting in lieu thereof “of subsection (b), and (B) with respect to expenses incurred for radiological or pathological services for which payment may be made under this part, furnished to an inpatient of a hospital by a physician in the field of radiology or pathology, the amounts paid shall be equal to 100 percent of the reasonable charges for such services”. (b) Section 1833(b) of such Act (as amended by section 129(c)(7) of this Act) is amended by inserting before the period at the end thereof the following: “, and (2) such total amount shall not include expenses incurred for radiological or pathological services furnished to such individual as an inpatient of a hospital by a physician in the field of radiology or pathology”. (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 132. payment for purchase of durable medical equipment (a) Section 1861(s)(6) of the Social Security Act is amended by striking out “rental or”, and by inserting before the semi-colon at the end thereof the following: “, whether furnished on a rental basis or purchased”. (b) Section 1833 of such Act is amended by adding at the end thereof the following new subsection: “(f) In the case of the purchase of durable medical equipment included under section 1861 (s)(6), by or on behalf of an individual, payment shall be made in such amounts as the Secretary determines to be equivalent to payments that would have been made under this part had such equipment been rented and over such period of time as the Secretary finds such equipment would be used for such individual’s medical treatment, except that with respect to purchases of inexpensive equipment (as determined by the Secretary) payment may be made in a lump sum if the Secretary finds that such method of payment is less costly or more practical than periodic payments.” (c) The amendments made by this section shall apply only with respect to items purchased after December 31, 1967. Sec. 133. payment for physical therapy services furnished to outpatients (a) Section 1861 (s)(2) of the Social Security Act (as amended by section 129(a)(2) of this Act) is amended by— (1) striking out “and” at the end of subparagraph (B); (2) inserting “and” at the end of subparagraph (C); and (3) adding at the end thereof the following: “(D) outpatient physical therapy services;” (b) Section 1861 of such Act is amended by inserting after subsection (o) the following new subsection (in lieu of subsection (p) repealed Ante, p. 849. by section 129(c)(10) of this Act): “(p) “Outpatient Physical Therapy Services The term ‘outpatient physical therapy services’ means physical therapy services furnished by a provider or services, a clinic, rehabilitation agency, or a public health agency, or by others under an arrangement with, and under the supervision of, such provider, clinic, rehabilitation agency, or public health agency to an individual as an outpatient— “(1) who is under the care of a physician (as defined in section 1861(r)(1)),and “(2) with respect to whom a plan prescribing the type, amount, and duration of physical therapy services that are to be fur-nished such individual has been established, and is periodically reviewed, by a physician (as so defined); excluding, however— “(3) any item or service if it would not be included under subsection (b) if furnished to an inpatient of a hospital; and “(4) any such service— “(A) if furnished by a clinic or rehabilitation agency, or by others under arrangements with such clinic or agency, unless such clinic or rehabilitation agency— “(i) provides an adequate program of physical therapy services for outpatients and has the facilities and personnel required for such program or required for the supervision of such a program, in accordance with such requirements as the Secretary may specify, “(ii) has policies, established by a group of professional personnel, including one or more physicians (associated with the clinic or rehabilitation agency) and one or more, qualified physical therapists, to govern the services (referred to in clause (i)) it provides, “(iii) maintains clinical records on all patients, “(iv) if such clinic or agency is situated in a State in which State or applicable local law provides for the licensing of institutions of this nature, (I) is licensed pursuant to such law, or (II) is approved by the agency of such State or locality responsible for licensing institutions of this nature, as meeting the standards established for such licensing; and “(v) meets such other conditions relating to the health and safety of individuals who are furnished services by such clinic or agency on an outpatient basis, as the Secretary may find necessary, or “(B) if furnished by a public health agency, unless such agency meets such other conditions relating to health and safety of individuals who are furnished services by such agency on an outpatient basis, as the Secretary may find necessary.” (c) Section 1866 of such Act is amended by adding at the end thereof 79 Stat. 327. 42 USC 1395cc. “Provider of services.” the following new subsection: “(e) For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of Supra. a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (d) Section 1832(a) of such Act is amended by— 79 Stat. 302. 42 USC 1395k. (1) deleting “and” at the end of paragraph (2)(A) thereof; (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; and (3) adding at the end thereof the following new subparagraph: “(C) outpatient physical therapy services.” (e) Section 1835(a)(2) of such Act (as amended by section 126(b) of this Act) is amended by— Ante, p. 846. (1) striking out “and” at the end of subparagraph (A); (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; (3) adding at the end thereof the following new subparagraph: “(C) in the case of outpatient physical therapy services, (i) such services are or were required because the individual needed physical therapy services on an outpatient basis, (ii) a plan for furnishing such services has been established, and is periodically reviewed, by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician.”; (4) striking out “(B) and (C) of section 1861(s)(2)” and inserting in lieu thereof “(B), (C), and (D) of section 1861(s)(2)”; and (5) adding at the end thereof the following new sentence: “For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or Ante, p. 851. agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (f) The first sentence of section 1864(a) of such Act is amended by inserting before the period the following: “, or whether a clinic, rehabilitation agency or public health agency meets the requirements of subparagraph (A) or (B), as the case may be, of section 1861(p)(4)”. (g) The amendments made by the preceding subsections of this section shall apply to services furnished after June 30, 1968. Sec. 134. payment for certain portable x-ray services (a) Section 1861 (s)(3) of the Social Security Act is amended by striking out “diagnostic X-ray tests,” and inserting in lieu thereof the following: “diagnostic X-ray tests (including tests under the supervision of a physician, furnished in a place of residence used as the patient’s home, if the performance of such tests meets such conditions relating to health and safety as the Secretary may find necessary),”. (b) The amendment made by subsection (a) shall apply with respect to services furnished after December 31, 1967. Sec. 135. blood deductibles (a) (1) Section 1813(a)(2) of the Social Security Act (as redesignated by section 129(c)(3) of this Act) is amended to read as follows: “(2) The amount payable to any provider of services under this part for services furnished an individual during any spell of illness shall be further reduced by a deduction equal to the cost of the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to him as part of such services during such spell of illness.” (b) Section 1866(a)(2)(C) of such Act (as amended by section 129(c)(12)(B) of this Act) is amended— (1) by striking out “may also charge” and inserting in lieu thereof “may in accordance with its customary practice also appropriately charge”; (2) by inserting after “whole blood” the following: “(or equivalent quantities of packed red blood cells, as defined under regulations)”; (3) by inserting after “blood” where it appears in clauses (i), (ii), and (iii) the following: “(or equivalent quantities of packed red blood cells, as so defined)”; and (4) by adding at the end thereof the following new sentence: “For purposes of clause (iii) of the preceding sentence, whole blood (or equivalent quantities of packed red blood cells, as so defined) furnished an individual shall be deemed replaced when the provider of services is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is imposed under section 1813(a)(2).” Ante, p. 852. (c) Section 1833(b) of such Act (as amended by sections 129(c)(7) Ante, pp. 848. 850. and 131 (b) of this Act) is amended by adding at the end thereof the following new sentence: “The total amount of the expenses incurred by an individual as determined under the preceding sentence shall, after the reduction specified in such sentence, be further reduced by an amount equal to the expenses incurred for the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to the individual during the calendar year, except that such deductible for such blood shall in accordance with regulations be appropriately reduced to the extent that there has been a replacement of such blood (or equivalent quantities of packed red blood cells, as so defined); and for such purposes blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual shall be deemed replaced when the institution or other person furnishing such blood (or such equivalent quantities of packed red blood cells, as so defined) is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is made under this sentence.” (d) The amendments made by this section shall apply with respect to payment for blood (or packed red blood cells) furnished an individual after December 31, 1967. Sec. 136. enrollment under supplementary medical insurance program based on alleged date of attaining age 65 (a) Section 1837(d) of the Social Security Act is amended 79 Stat. 304; 80 Stat. 105. 42 USC 1395p. by adding at the end thereof the following new sentence: “Where the Secretary finds that an individual who has attained age 65 failed to enroll under this part during his initial enrollment period (based on a determination by the Secretary of the month in which such individual attained age 65), because such individual (relying on documentary evidence) was mistaken as to his correct date of birth, the Secretary shall establish for such individual an initial enrollment period based on his attaining age 65 at the time shown in such documentary evidence (with a coverage period determined under section 1838 as though he had attained such age at that time).” (b) The amendment made by subsection (a) shall apply to individuals enrolling under part B of title XVIII in months beginning 42 USC 1395j 1395w. after the date of the enactment of this Act. Sec. 137. extension by 60 days during individual’s lifetime of maximum duration of benefits for inpatient hospital services (a) (1) Section 1812(a)(1) of the Social Security Act is 42 USC 1395d. amended by striking out “up to 90 days during any spell of illness” and inserting in lieu thereof “up to 150 days during any spell of illness minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (2) Section 1812(b)(1) of such Act is amended by striking out “for 90 days during such spell” and inserting in lieu thereof “for 150 days during such spell minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (b) The second sentence of section 1813(a)(1) of such Act is amended to read as follows: “Such amount shall be further reduced by a coinsurance amount equal to— “(A) one-fourth of the inpatient hospital deductible for each day (before the 91st day) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 60 days during such spell; and “(B) one-half of the inpatient hospital deductible for each day (before the day following the last day for which such individual is entitled under section 1812(a)(1) to have payment made on his behalf for inpatient hospital services during such spell of illness) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 90 days during such spell; except that the reduction under this sentence for any day shall not exceed the charges imposed for that day with respect to such individual for such services (and for this purpose, if the customary charges for such services are greater than the charges so imposed, such customary charges shall be considered to be the charges so imposed).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 138. limitation on special reduction in allowable days of inpatient hospital services (a) Section 1812(c) of the Social Security Act is amended by striking out “in the 90-day period immediately before such first day shall be included in determining the 90-day limit under subsection (b)(1)(but not in determining the 190-day limit under subsection (b)(3))” and inserting in lieu thereof “in the 150-day period immediately before such first day shall be included in determining the number Ante, p. 853. of days limit under subsection (b)(1) insofar as such limit applies to (1) inpatient psychiatric hospital services and inpatient tuberculosis hospital services, or (2) inpatient hospital services for an individual who is an inpatient primarily for the diagnosis or treatment of mental illness or tuberculosis (but shall not be included in determining such number of days limit insofar as it applies to other inpatient hospital services or in determining the 190-day limit under subsection (b)(3))” (b) The amendment made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Sec. 139. transitional provision on eligibility of presently uninsured individuals for hospital insurance benefits Section 103(a)(2) of the Social Security Amendments of 79 Stat. 333. 42 USC 426a. 1965 is amended by striking out “1965” in clause (B) and inserting in lieu thereof “1966”. Sec. 140. advisory council to study coverage of the disabled under title xviii of the social security act (a) The Secretary of Health, Education, and Welfare shall appoint an Advisory Council to study the need for coverage of the disabled under the health insurance program of title XVIII of the 79 Stat. 291. 42 USC 1395–1395ll. Social Security Act. (b) The Council shall be appointed by the Secretary during 1968 without regard to the provisions of title 5, United States Code, governing 80 Stat. 417. 5 USC 3301 et seq. appointments in the competitive service and shall consist of 12 persons who shall, to the extent possible, represent organizations of employers and employees in equal numbers, and represent self-employed persons and the public. (c) The Council is authorized to engage such technical assistance, including actuarial services, as may be required to carry out its functions, and the Secretary shall, in addition, make available to such Council such secretarial, clerical, and other assistance and such actuarial and other pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) Members of the Council, while serving on the business of the Compensation, travel expenses. Council (inclusive of travel time), shall receive compensation at rates fixed by the Secretary, but not exceeding $100 per day and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons 80 Stat. 499. in the Government employed intermittently. (e) The Council shall make findings on the unmet need of the disabled for health insurance, on the costs involved in providing the disabled with insurance protection to cover the cost of hospital and medical services, and on the ways of financing this insurance. The Council shall submit a report of its findings to the Secretary not later than January 1, 1969, together with recommendations on how such protection should be financed and, if such financing is to be accomplished through the trust funds established under title XVIII of the Social Security Act, on the extent to which each of such trust funds 79 Stat. 291. 42 USC 1395–1395ll. Report to Congress. 42 USC 1395i, 1395t. Expiration date. should bear the cost of such financing. Such report shall thereupon be transmitted to the Congress and to the Boards of Trustees created by sections 1817(b) and 1841(b) of the Social Security Act. After the date of transmittal to the Congress of the report, the Council shall cease to exist. Sec. 141. study to determine feasibility of inclusion of certain additional services under part b of title xviii of the social security act The Secretary shall make a study relating to the inclusion under the supplementary medical insurance program (part B of title XVIII of the Social Security Act) of services of additional types of 42 USC 1395j–1395w. Report to Congress. licensed practitioners performing health services in independent practice. The Secretary shall make a report to the Congress prior to January 1, 1969, of his finding with respect to the need for covering, under the supplementary medical insurance program, any of the various types of services such practitioners perform and the costs to such program of covering such additional services, and shall make recommendations as to the priority and method for covering these services and the measures that should be adopted to protect the health and safety of the individuals to whom such services would be furnished. Sec. 142. provisions for benefits under part a of title xviii of the social security act for services to patients admitted prior to 1968 to certain hospitals (a) Notwithstanding any provision of title XVIII of the Social Security Act, an individual who is entitled to hospital insurance benefits under section 226 of such Act may, subject to subsections (b) 79 Stat. 290. 42 USC 426. and (c), receive, on the basis of an itemized bill, reimbursement for charges to him for inpatient hospital services (as defined in section 79 Stat. 313. 42 USC 1395x. 1861 of such Act. but without regard to subsection (e) of such section) furnished by, or under arrangements (as defined in section 1861 (w) of such Act) with, a hospital if— (1) the hospital did not have an agreement in effect under section 1866 of such Act but would have been eligible for payment under part A of title XVIII of such Act with respect to such services if at the time such services were furnished the hospital had such an agreement in effect; (2) the hospital (A) meets the requirements of paragraphs (5) and (7) of section 1861(e) of such Act (B) is not primarily engaged in providing the services described in section 1861 (j)(1)(A) of such Act, and (C) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861(r) of such Act, to inpatients (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (3) the hospital did not meet the requirements that must be met to permit payment to the hospital under part A of title XVIII of such Act; and (4) an application is filed (submitted in such form and manner and by such person, and containing and supported by such information, as the Secretary shall by regulations prescribe) for reimbursement before January 1, 1969. (b) Payments under this section may not be made for inpatient hospital services (as described in subsection (a)) furnished to an individual— (1) prior to July 1, 1966, (2) after December 31, 1967, unless furnished with respect to an admission to the hospital prior to January 1, 1968, and (3) for more than— (A) 90 days in any spell of illness but only if (i) prior to January 1, 1969, the hospital furnishing such services entered into an agreement under section 1866 of the Social Security Act and (ii) the hospital’s plan for utilization review, as provided for in section 1861 (k) of such Act, has, in accordance 42 USC 1395f. with section 1814 of such Act, been applied to the services furnished such individual, or (B) 20 days in any spell of illness, if the hospital did not meet the conditions of clauses (i) and (ii) of subparagraph (A). (c) (1) The amounts payable in accordance with subsection (a) with respect to inpatient hospital services shall, subject to paragraph (2) of this subsection, be paid from the Federal Hospital Insurance Trust Fund in amounts equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semi-private accommodations (as defined in section 1861 (v)(4) of the Social Security Act) whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been made if the patient had occupied “Routine services.” semi-private accommodations (as so defined). For purposes of the preceding provisions of this paragraph, the term “routine services” shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and facilities for which a separate charge is not customarily made; the term “ancillary “Ancillary services.” services” shall mean those special services for which charges are customarily made in addition to routine services. (2) Before applying paragraph (1), payments made under this section shall be reduced to the extent provided for under section 1813 of the Social Security Act in the case of benefits payable to providers 79 Stat. 292. 42 USC 1395e. 42 USC 1395c–1395i. of services under part A of title XVIII of such Act. (d) For the purposes of this section— (1) the 90-day period, referred to in subsection (b)(3)(A), shall be reduced by the number of days of inpatient hospital services furnished to such individual during the spell of illness, referred to therein, and with respect to which he was entitled to have payment made under part A of title XVIII of the Social Security Act; (2) the 20-day period, referred to in subsection (b)(3)(B) shall be reduced by the number of days in excess of 70 days of inpatient hospital services furnished during the spell of illness, referred to therein, and with respect to which such individual was entitled to have payment made under such part A; (3) the term “spell of illness” shall have the meaning assigned “Spell of illness;” “Inpatient hospital services.” 42 USC 1395x. to it by subsection (a) of section 1861 of such Act except that the term “inpatient hospital services” as it appears in such subsection shall have the meaning assigned to it by subsection (a) of this section. Sec. 143. payments for emergency hospital services (a) The second sentence following paragraph (8) of section 1861(e) of the Social Security Act is amended by striking out “which meets the requirement of paragraphs (1), (2), (3), (4), (5) and (7) of this subsection” and inserting in lieu thereof “which (i) meets the requirements of paragraphs (5) and (7) of this subsection, (ii) is not primarily engaged in providing the services described in section 1861(j)(1)(A) and (iii) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861 (r), to inpatients diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.” (b) That portion of section 1812(a) of such Act that precedes paragraph (1) thereof is amended by inserting “or, in the case of payments 42 USC 1395d. Post, p. 858. 79 Stat. 296. 42 USC 1395f. referred to in section 1814(d)(2) to him” after “on his behalf”. (c) Section 1814(d) of such Act is amended by— (1) striking out “Payments” and inserting in lieu thereof “(1) Payments”; (2) deleting “furnished” and inserting “furnished in a calendar year”; (3) deleting “and” at the end of clause (A) and inserting a comma in lieu thereof; (4) inserting before the period at the end of the first sentence the following: “, and (C) such hospital has elected to claim payments for all such inpatient emergency services and for the emergency outpatient services referred to in section 1835(b) furnished Ante, p. 848. during such year”: and (5) adding at the end of such section 1814(d) the following new paragraphs: “(2) Payment may be made on the basis of an itemized bill to an individual entitled to hospital insurance benefits under section 226 for services described in paragraph (1) which are emergency services if (A) payment cannot be made under paragraph (1) solely because the hospital does not elect to claim such payment, and (B) such individual files application (submitted within such time and in such form and manner and by such person, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. “(3) The amounts payable under the preceding paragraph with respect to services described therein shall, subject to the provisions of 42 USC 1395e. section 1813, be equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semiprivate accommodations (as defined in section 42 USC 1395x. 1861(v)(4)), whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been “Routine services.” made if the patient had occupied semiprivate accommodations. For purposes of the preceding provisions of this paragraph, the term ‘routine services’ shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and “Ancillary services.” facilities for which a separate charge is not customarily made; the term ‘ancillary services’ shall mean those special services for which charges are customarily made in addition to routine services.” (d) The provisions made by subsection (a) of this section shall become effective as of July 1, 1966, and the provisions made by subsections (b) and (c) of this section shall apply to services furnished with respect to admissions occurring after December 31, 1967, and to out-patient hospital diagnostic services furnished after December 31, 1967, and before April 1, 1968. Sec. 144. payment under supplementary medical insurance program for certain inpatient ancillary services (a) So much of section 1861 (s) of the Social Security Act which precedes paragraph (1) is amended by striking out “(unless they would otherwise constitute inpatient hospital services, extended care services, or home health services)”. (b) The sentence immediately following paragraph (9) of section 1861(s) of such Act is amended by inserting after “hospital” the following: “(which, for purposes of this sentence, means an institution considered a hospital for purposes of section 1814(d))”. (c) Section 1861 (s) of such Act is amended by adding at the end thereof (after and below paragraph (13) as added to such section by section 129(b) of this Act) the following new sentence: “None of the items and services referred to in the preceding paragraphs (other than Ante, p. 847. paragraphs (1) and (2)(A)) of this subsection which are furnished to a patient of an institution which meets the definition of a hospital 42 USC 1395f. for purposes of section 1814(d) shall be included unless such other conditions are met as the Secretary may find necessary relating to health and safety of individuals with respect to whom such items and services are furnished.” (d) Section 1861(s)(6) of such Act is amended by striking out “as his home” and inserting in lieu thereof “as his home other than an institution that meets the requirements of subsection (e)(1) or (j)(1) of this section”. (e) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 145. general enrollment period under title xviii (a) Section 1837(b)(1) of the Social Security Act is 79 Stat. 304. 42 USC 1395p. amended to read as follows: “(1) No individual may enroll for the first time under this part unless he does so in a general enrollment period (as provided in subsection (e)) which begins within 3 years after the close of the first enrollment period during which he could have enrolled under this part.” (b) Section 1837(e) of such Act is amended to read as follows: “(e) There shall be a general enrollment period, after the period described in subsection (c), during the period beginning on January 1 and ending on March 31 of each year beginning with 1969.” (c) Section 1838(b) of such Act is amended by— 42 USC 1395q. (1) striking out in paragraph (1) the following: “, during a general enrollment period described in section 1837(e),”; and (2) striking out “December 31 of the year” and inserting in lieu thereof “the calendar quarter following the calendar quarter”. (d) Section 1839(b)(2) of such Act is amended to read as follows: 42 USC 1395r. “(2) The Secretary shall, during December 1968 and of each year thereafter, determine and promulgate the dollar amount (whether or not such dollar amount was applicable for premiums for any prior month) which shall be applicable for premiums for months occurring in the 12-month period commencing July 1 in each succeeding year. Such dollar amount shall be such amount as the Secretary estimates to be necessary so that the aggregate premiums for such 12-month period will equal one-half of the total of the benefits and administrative costs which he estimates will be payable from the Federal Supplementary Medical Insurance Trust Fund for such 12-month period. In estimating aggregate benefits payable for any period, the Secretary shall include an appropriate amount for a contingency margin. Whenever the Secretary, pursuant to the preceding sentence, promulgates the dollar amount which shall be applicable for premiums for any period, he shall, at the time such promulgation is announced, issue a public statement setting forth the actuarial assumptions and bases employed by him in arriving at the amount of premiums so promulgated.” (e) The amendments made by subsections (a), (b), and (c) shall become effective April 1, 1968. Notwithstanding the provisions of section 2 of Public Law 90–97, the amendments made by subsection (d) Ante, p. 249. shall become effective December 1, 1968. Sec. 146. elimination of special reduction in allowable days of inpatient hospital services for patients in tuberculosis hospitals (a) Section 1812(c) of the Social Security Act (as amended by section 138 of this Act) is further amended— Ante, p. 854. (1) by striking out “a psychiatric hospital or a tuberculosis hospital” and inserting in lieu thereof “a psychiatric hospital”, (2) by striking out “and inpatient tuberculosis hospital services”. and (3) by striking out “or tuberculosis”. (b) The amendments made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Part 4— Miscellaneous and Technical Amendments Sec. 150. eligibility of adopted child for monthly benefits (a) The second sentence of section 216(e) of the Social 72 Stat. 1028. 42 USC 416. Security Act is amended by striking out “before the end of two years after the day on which such individual died or the date of enactment of this Act” and inserting in lieu thereof “only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died or (ii) the date of enactment of the 42 USC 302 note. Social Security Amendments of 1958”. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security 42 USC 401–428; Ante, p. 833. Act for months after January 1968, but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 151. criteria for determining child’s dependency on mother (a) Section 202(d)(3) of the Social Security Act is amended— (1) by inserting “or his mother or adopting mother” after “his father or adopting father” in the first sentence; and (2) by striking out “, if such individual is the child’s father,” in the second sentence. (b) Section 202(d)(4) of such Act is amended by inserting “or stepmother” after “stepfather” each place it appears. (c) Section 202(d) of such Act is further amended by striking out paragraph (5), and by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (d) (1) The paragraph of section 202(d) of such Act redesignated as paragraph (9) by subsection (c) of this section is amended by striking out “under paragraph (9)” and inserting in lieu thereof “under paragraph (8)”. (2) Paragraphs (2) and (3) of section 202(s) of such Act are each amended by striking out “(d)(6),” and inserting in lieu thereof “(d)(5),”. (3) Section (5)(1)(1) of the Railroad Retirement Act of 1937 is amended— (A) by striking out “(3), (4), or (5)” in the third sentence and inserting in lieu thereof “(3) or (4)”; and (B) by striking out “paragraph (8)” in the ninth sentence and inserting in lieu thereof “paragraph (7)”. (e) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act 50 Stat. 307. 45 USC 228a–228s–2. (and annuities accruing under the Railroad Retirement Act of 1937) for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 152. recovery of overpayments (a) Section 204(a) of the Social Security Act is amended to read as follows: “(a) Whenever the Secretary finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, under regulations prescribed by the Secretary, as follows: “(1) With respect to payment to a person of more than the correct amount, the Secretary shall decrease any payment under this title to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this title payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall apply any combination of the foregoing. “(2) With respect to payment to a person of less than the correct amount, the Secretary shall make payment of the balance of the amount due such underpaid person, or, if such person dies before payments are completed or before negotiating one or more checks representing correct payments, disposition of the amount due shall be made in accordance with subsection (d).” (b) Section 204(b) of such Act is amended to read as follows: 53 Stat. 1368. 42 USC 404. “(b) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience.” Sec. 153. benefits paid on basis of erroneous retorts of death in military service (a) Section 204(a)(1) of the Social Security Act (as amended by section 152 of this Act) is further amended by adding at Ante, p. 860. the end the following sentence: “A payment made under this title on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in section 210(m)) on active duty (as defined in section 210(1)) shall not be considered an incorrect payment 42 USC 410. for any month prior to the month such Department notifies the Secretary that such individual is alive.” (b) The amendment made by this section shall apply with respect to benefits under title II of the Social Security Act if the individual 42 USC 401–428; Ante, p. 833. to whom such benefits were paid would have been entitled to such benefits in or after the month in which this Act was enacted if the report mentioned in the amendment made by subsection (a) of this section had been correct (but without regard to the provisions of section 202 (j)(1) of such Act). 42 USC 402. Sec. 154. underpayments (a) Section 204(d) of the Social Security Act is amended 79 Stat. 401. 42 USC 404. to read as follows: “(d) If an individual dies before any payment due him under this title is completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who either (i) was living in the same household with the deceased at the time of his death or (ii) was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(2) if there is no person who meets the requirements of paragraph (1), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representative of the estate of the deceased individual, if any.” (b) The heading of section 1870 of such Act is amended by adding at the end thereof “AND SETTLEMENT OF CLAIMS FOR BENEFITS ON BEHALF OF DECEASED INDIVIDUALS”. (c) Section 1870 of such Act is amended by adding after subsection (d) the following new subsections: “(e) If an individual, who received services for which payment may be made to such individual under this title, dies, and payment for such services was made (other than under this title), and the individual died before any payment due him under this title with respect to such services was completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) if the payment for such services was made (before or after such individual’s death) by a person other than the deceased individual, to the person or persons determined by the Secretary under regulations to have paid for such services, or if the payment for such services was made by the deceased individual before his death, to the legal representative of the estate of such deceased individual, if any; “(2) if there is no person who meets the requirements of paragraph (1). to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who was either living in the same household with the deceased at the time of his death or was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(8) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representatives of the estate of the deceased individual, if any. “(f) If an individual who received medical and other health services for which payment may be made under section 1832(a)(1) dies, 79 Stat. 302. 42 USC 1395k. and— “(1) no assignment of the right to payments was made by such individual before his death, and “(2) payment for such services has not been made, payment for such services shall be made to the physician or other person who provided such services, but payment shall be made under this subsection only in such amount and subject to such conditions as would have been applicable if the individual who received the services had not died, and only if the person or persons who provided the services agrees that the reasonable charge is the full charge for the services.” (d) Section 1842(b)(3)(B) of such Act (as amended by section 125(a) of this Act) is amended by striking out “and such payment will be made” and inserting in lieu thereof “and such payment Ante, p. 845. will (except as otherwise provided in section 1870(f)) be made”. Sec. 155. simplification of computation of primary insurance amount and quarters of coverage in case of 1937–1950 wages (a) (1) Section 215(d)(1) of the Social Security Act is amended to read as follows: “(d) “Primary Insurance Benefit Under 1939 Act (1) For purposes of column I of the table appearing in subsection (a) of this section, an individual’s primary insurance benefit shall be computed as follows: “(A) The individual’s average monthly wage shall be determined as provided in subsection (b)(but without regard to paragraph (4) thereof) of this section, except that for purposes of paragraph (2)(C) and (3) of such subsection, 1936 shall be used instead of 1950. “(B) For purposes of subparagraphs (B) and (C) of subsection (b)(2), an individual whose total wages prior to 1951 (as defined in subparagraph (C) of this subsection)— “(i) do not exceed $27,000 shall be deemed to have been paid such wages in equal parts in nine calendar years after 1936 and prior to 1951; “(ii) exceed $27,000 and are less than $42,000 shall be deemed to have been paid (I) $3,000 in each of such number of calendar years after 1936 and prior to 1951 as is equal to the integer derived by dividing such total wages by $3,000, and (II) the excess of such total wages over the product of $3,000 times such integer, in an additional calendar year in such period; or “(iii) are at least $42,000 shall be deemed to have been paid $3,000 in each of the fourteen calendar years after 1936 and prior to 1951. “(C) For the purposes of subparagraph (B), ‘total wages prior to 1951’ with respect to an individual means the sum of (i) remuneration credited to such individual prior to 1951 on the records of the Secretary, (ii) wages deemed paid prior to 1951 to such individual under section 217, and (iii) compensation under 42 USC 417. 50 Stat. 307. 45 USC 228a–228s–2. the Railroad Retirement Act of 1937 prior to 1951 creditable to him pursuant to this title. “(D) The individual’s primary insurance benefit shall be 45.6 per centum of the first $50 of his average monthly wage as computed under this subsection, plus 11.4 per centum of the next $200 of such average monthly wage.” (2) Section 215(d)(2) of such Act is amended to read as follows: “(2) The provisions of this subsection shall be applicable only in the case of an individual— “(A) with respect to whom at least one of the quarters elapsing prior to 1951 is a quarter of coverage; “(B) except as provided in paragraph (3), who attained age 22 after 1950 and with respect to whom less than six of the quarters elapsing after 1950 are quarters of coverage, or who attained such age before 1951; and “(C) (i) who becomes entitled to benefits under section 202(a) or 223 after the date of the enactment of the Social Security Amendments of 1967, or “(ii) who dies after such date without being entitled to benefits under section 202(a) or 223, or “(iii) whose primary insurance amount is required to be re-computed Post, p. 865 under section 215(f)(2).” (3) Section 215(d)(3) of such Act is amended to read as follows: 74 Stat. 962. 42 USC 415. “(3) The provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1967 shall be applicable in the case of an individual— “(A) who attained age 21 after 1936 and prior to 1951, or “(B) who had a period of disability which began prior to 1951, but only if the primary insurance amount resulting therefrom is higher than the primary insurance amount resulting from the application of this section (as amended by the Social Security Amendments of 1967) and section 220.”. 42 USC 420. (4) So much of section 215(f)(2) of such Act as precedes subparagraph (E) is amended to read as follows: 79 Stat. 365. “(2) If an individual has wages or self-employment income for a year after 1965 for any part of which he is entitled to old-age insurance benefits, the Secretary shall, at such time or times and within such period as he may by regulations prescribe, recompute such individual’s primary insurance amount with respect to each such year. Such recomputation shall be made as provided in subsection (a)(1) and (3) as though the year with respect to which such recomputation is made is the last year of the period specified in subsection (b)(2)(C). A recomputation under this paragraph with respect to any year shall be effective—” (5) Subparagraphs (E) and (F) of such section 215(f)(2) are redesignated as subparagraphs (A) and (B), respectively. (6) Section 215(f) of such Act is further amended by adding at the 64 Stat. 509; 79 Stat. 365. end thereof the following new paragraph: “(5) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall recompute his primary insurance amount as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b)(2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. Such recomputation of such primary insurance amount shall be effective for and after the month in which he died.” (7) (A) The amendments made by paragraphs (4) and (5) shall apply with respect to recomputations made under section 215(f)(2) of the Social Security Act after the date of the enactment of this Act. (B) The amendment made by paragraph (6) shall apply with respect to individuals who die after the date of enactment of this Act. (8) In any case in which— (A) any person became entitled to a monthly benefit under section 202 or 223 of the Social Security Act after the date of 42 USC 402, 423. enactment of this Act and before February 1968, and (B) the primary insurance amount on which the amount of such benefit is based was determined by applying section 215(d) of the Social Security Act as amended by this Act, Ante, p. 864. such primary insurance amount shall, for purposes of section 215(c) Ante, p. 827. f the Social Security Act. as amended by this Act, be deemed to have been computed on the basis of the Social Security Act in effect prior to the enactment of this Act. (9) The amendment made by paragraphs (1) and (2) shall not apply with respect to monthly benefits for any month prior to January 1967. (b) (1) Section 213 of the Social Security Act is amended by adding 64 Stat. 504. 42 USC 413. at the end thereof the following new subsection: “(c) “Alternative Method for Determining Quarters of Coverage With Respect to Wages in the Period from 1937 to 1950 For purposes of section 214(a), an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior Ante, p. 864. to 1951 (as defined in section 215(d)(1)(C)), except where— “(1) such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment income credited to him for periods after 1950, or “(2) such individual’s elapsed years (for purposes of section 214(a)(1)) are less than 7.” (2) The amendment made by paragraph (1) shall apply only in the case of an individual who applies for benefits under section 202(a) of the Social Security Act after the date of the enactment of this Act, or who dies after such date without being entitled to benefits under 42 USC 402, 423. 74 Stat. 964; 79 Stat. 366. 42 USC 415 note. section 202(a) or 223 of the Social Security Act. (c) Section 303(g)(1) of the Social Security Amendments of 1960 is amended— (1) by striking out “section 302 of” and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1965 and 1967” in the first sentence; and (2) by striking out “after 1965, or dies after 1965” and inserting in lieu thereof “after the date of the enactment of the Social Security Amendments of 1967, or dies after such date”, and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1967”, in the second sentence. Sec. 156. definitions of widow, widower, and stepchild (a) Section 216 (c) of the Social Security Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (b) The first sentence of section 216 (e) of such Act is amended by striking out “the day on which such individual died” and inserting in lieu thereof “not less than nine months immediately preceding the day on which such individual died”. (c) Section 216 (g) of such Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (d) Section 216 of such Act is further amended by adding at the end thereof the following new subsection: “(k) “Waiver of Nine-Month Requirement for Widow, Stepchild, or Widower in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty The requirement in clause (5) of subsection (c) or clause (5) of subsection (g) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if his death— “(1) is accidental, or “(2) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period; except that this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1) of the preceding sentence, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Ante, p. 833. months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 157. husband’s and widower’s insurance benefits without requirement of wife’s currently insured status (a) (1) Section 202(c)(1) of the Social Security Act 64 Stat. 483. 42 USC 402. is amended by striking out “a currently insured individual (as defined in section 214(b))” in the matter preceding subparagraph (A) and inserting in lieu thereof “an individual”. (2) Section 202(c)(2) of such Act is amended by striking out 72 Stat. 1026. “The requirement in paragraph (1) that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (C) of paragraph (1)”. (b) (1) Section 202(f)(1) of such Act is amended— 64 Stat. 485. (A) by striking out “and currently” in the matter preceding subparagraph (A),and (B) by striking out “, and she was a currently insured individual,” in subparagraph (D)(ii). 72 Stat. 1023. (2) Section 202(f)(2) of such Act is amended by striking out “The requirement in paragraph (1) that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (D) of paragraph (1)”. (c) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act or any widower who would not be entitled to widower’s insurance benefits under section 202(f) of such Act except for the enactment of this section, the requirement in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month following the month in which this Act is enacted. (d) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 158. definition of disability (a) Section 223(c) of the Social Security Act is 70 Stat. 815. 42 USC 423. amended— (1) by inserting “of Insured Status and Waiting Period” after “Definitions” in the heading; (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Section 223 of such Act is further amended by adding at the end thereof the following new subsection: “(d) “Definition of Disability (1) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has tasted or can be expected to last for a continuous period of not less than 12 months; or “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined 42 USC 416. in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. “(2) For purposes of paragraph (1)(A)— “(A) an individual (except a widow, surviving divorced wife, or widower for purposes of section 202 (e) or (f)) shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. “(B) A widow, surviving divorced wife, or widower shall not be determined to be under a disability (for purposes of section 202 (e) or (f)) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity. “(3) For purposes of this subsection, a ‘physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. “(4) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 222(c), be found not to be disabled. “(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require.” (c) (1) Section 202(d)(1)(B) of such Act is amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (2) Paragraphs (1), (2), and (3) of section 202(s) of such Act are each amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (3) Section 221(a) of such Act is amended by striking out “or 70 Stat. 818. 42 USC 421. 223(c)” and inserting in lieu thereof “or 223(d)”. (4) Section 221(c) of such Act is amended by striking out “or 223(c)” and inserting in lieu thereof “or 223(d)”. (5) Section 222(c)(4)(B) of such Act is amended by striking out 74 Stat. 968. 42 USC 422. “section 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (6) Section 223(a)(1)(D) of such Act is amended by striking out 70 Stat. 815. 42 USC 423. “subsection (c)(2)” and inserting in lieu thereof “subsection (d)”. (7) The first sentence of section 223(a)(1) of such Act is further amended by striking out “subsection (c)(3)” and inserting in lieu thereof “subsection (c)(2)”. (8) The last sentence of section 223(a)(1) is amended by striking 79 Stat. 413. 42 USC 423. out “subsection (c)(2) except for subparagraph (B) thereof” and inserting in lieu thereof “subsection (d) except for paragraph (1)(B) thereof”. (9) Section 225 of such Act is amended by striking out “section 70 Stat. 817. 42 USC 425. 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (d) Section 216(i)(1) of such Act is amended by striking out the 68 Stat. 1080. 42 USC 416. third sentence and inserting in lieu thereof the following: “The provisions of paragraphs (2)(A), (3), (4), and (5) of section 223(d) shall Ante, p. 868. be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section.” (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under section 216(i) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if the applicant has not died before such month and if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such month) 53 Stat. 1370. 42 USC 405. and the decision in such civil action has not become final before such month. Sec. 159. disability benefits affected by receipt of workmen’s compensation (a) (1) The last sentence of section 224(a) of the Social Security Act is amended by inserting after “his wages and self-employment 79 Stat. 406. 42 USC 424a. income” where it first appears in clause (B) the following: “(computed without regard to the limitations specified in sections 209(a) and 211(b)(1))”. 42 USC 409, 411. (2) Section 224(a) of such Act is further amended by adding at the end thereof the following: “In any case where an individual’s wages and self-employment income reported to the Secretary for a calendar year reach the limitations specified in sections 209(a) and 211(b)(1), the Secretary under regulations shall estimate the total of such wages and self-employment income for purposes of clause (B) of the preceding sentence on the basis of such information as may be available to him indicating the extent (if any) by which such wages and self-employment income exceed such limitations.” (b) (1) The amendments made by subsection (a) shall apply only with respect to monthly benefits under title II of the Social Security Act for months after January 1968. 42 USC 401–428; Ante, p. 833. (2) For purposes of any redetermination which is made under section 224(f) of the Social Security Act in the case of benefits subject to reduction under section 224 of such Act, where such reduction as first computed was effective with respect to benefits for the month in which this Act is enacted or a prior month, the amendments made by subsection (a) of this section shall also be deemed to have applied in the initial determination of the “average current earnings” of the individual whose wages and self-employment income are involved. Sec. 160. extension of time for filing reports of earnings (a) Section 203(h)(1)(A) of the Social Security Act is amended by adding at the end thereof the following new sentence: “The Secretary may grant a reasonable extension of time for making the report of earnings required in this paragraph if he finds that there is valid reason for a delay, but in no case may the period be extended more than three months.” (b) Section 203(h)(2) of such Act is amended by striking out “within the time prescribed therein” and inserting in lieu thereof “within the time prescribed by or in accordance with such paragraph” Sec. 161. penalties for failure to file timely reports of earnings and other events (a) Section 203(h)(2)(A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that if the deduction imposed under subsection (b) by reason of his earnings for such year is less than the amount of his benefit (or benefits) for the last month of such year for which he was 42 USC 402. entitled to a benefit under section 202, the additional deduction shall be equal to the amount of the deduction imposed under subsection (b) but not less than $10”. (b) Section 203(g) of such Act is amended by striking out all that follows “shall suffer” and inserting in lieu thereof the following: “deductions in addition to those imposed under subsection (c) as follows: “(1) if such failure is the first one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than one month; “(2) if such failure is the second one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to two times his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than two months; and “(3) if such failure is the third or a subsequent one for which an additional deduction is imposed under this subsection, such additional deduction shall be equal to three times his benefit or benefits for the first month of the period for which there is a failure to report even though the failure to report is with respect to more than three months; except that the number of additional deductions required by this subsection shall not exceed the number of months in the period for which there is a failure to report. As used in this subsection, the term ‘period for which “Period for which there is a failure to report.” there is a failure to report’ with respect to any individual means the period for which such individual received and accepted 42 USC 402. insurance benefits under section 202 without making a timely report and for which deductions are required under subsection (c).” (c) The amendments made by this section shall apply with respect to any deductions imposed on or after the date of the enactment of this Act under subsections (g) and (h) of section 203 of the Social Security Act. on account of failure to make a report required thereby. 42 USC 403. Sec. 162. limitation on payment of benefits to aliens outside the united states (a) (1) Section 202(t)(1) of the Social Security Act is 70 Stat. 835. 42 USC 402. amended by adding at the end thereof (after and below subparagraph (B)) the following new sentence: “For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.” (2) The amendment made by paragraph (1) shall apply only with respect to six-month periods (within the meaning of section 202(t)(1)(A) of the Social Security Act) which begin after the date of the enactment of this Act. (b) (1) Section 202(t)(4) of such Act is amended— 70 Stat. 835; 72 Stat. 1783. (A) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof (after and below subparagraph (E)) the following: “except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any individual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are subject to suspension under paragraph (1)) payments to individuals residing in such country were withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” 54 Stat. 1086; 56 Stat. 1028. (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401–428; Ante. p. 833. for months beginning after June 30, 1968. (c) (1) Section 202(t) of such Act is further amended by adding 70 Stat. 835; 79 Stat. 334. at the end thereof the following new paragraph: “(10) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if payments for such month to individuals residing in such country are withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” (2) Section 202(t)(6) of such Act is amended by striking out “by reason of paragraph (1)” and inserting in lieu thereof “by reason of paragraph (1) or (10)”. (3) Whenever benefits which an individual who is not a citizen or national of the United States was entitled to receive under title II of the Social Security Act are. on June 30, 1968, being withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123), any such benefits, payable to such individual for months after the month in which the determination by the Treasury Department that the benefits should be so withheld was made, shall not be paid— (A) to any person other than such individual, or, if such individual dies before such benefits can be paid, to any person other than an individual who was entitled for the month in which the deceased individual died (with the application of section 202(j)(1) of the Social Security Act) to a monthly benefit under title 42 USC 401–428; Ante, p. 833. II of such Act on the basis of the same wages and self-employment income as such deceased individual, or (B) in excess of the equivalent of the last twelve months’ benefits that would have been payable to such individual. Sec. 163. benefit’s for certain children (a) (1) The last sentence of section 203(a) of the 72 Stat. 1017. 42 USC 403. Social Security Act is amended to read as follows: “Whenever a reduction is made under this subsection in the total of monthly benefits to which individuals are entitled for any month on the basis of the wages and self-employment income of an insured individual, each such benefit other than the old-age or disability insurance benefit shall be proportionately decreased: except that if such total of benefits for such month 42 USC 402. 42 USC 416. includes any benefit or benefits under section 202(d) which are payable solely by reason of section 216(h)(3), the reduction shall be first applied to reduce (proportionately where there is more than one benefit so payable) the benefits so payable (but not below zero).” (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits payable under title II of the Social Security Act with respect to individuals who become entitled to benefits under section 202(d) of such Act solely by reason of section 216(h)(3) of such Act in or after January 1968 (but without regard to section 202(j)(1) of such Act). The provisions of section 170 of this Act shall not apply with respect to any such individual. (b) Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on the basis of the wages and self-employment income of an individual, and (2) one or more persons became entitled to monthly benefits before January 1968 under section 202(d) of such Act by reason of section 216(h)(3) of such Act (but without regard to section 202(j)(1)), on the basis of such wages and self-employment income and are so entitled for January 1968, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 of such Act on the basis of such wages and self-employment for January 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) above (but not including persons referred to in paragraph (2) above) is entitled for months after January 1968 shall be increased, after the application of such section 203 (a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph (2). Sec. 164. transfer to health insurance benefits advisory council of national medical review committee functions; increase in council’s membership (a) Section 1867 of the Social Security Act is amended to 79 Stat. 329. 42 USC 1395dd. read as follows: “Sec. 1867. “health insurance benefits advisory council (a) There is hereby created a Health Insurance Benefits Membership. Advisory Council which shall consist of 19 persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments 80 Stat. 417. 5 USC 3301 et seq. in the competitive service. The Secretary shall from time to time appoint one of the members to serve as Chairman. The members shall include persons who are outstanding in fields related to hospital, medical, and other health activities, persons who are representative of organizations and associations of professional personnel in the field of medicine, and at least one person who is representative of the general public. Each member shall hold office for a term of 4 years, Term of office. except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. A member shall not be eligible to serve continuously for more than 2 terms. The Secretary may, at the request of the Advisory Council or otherwise, appoint such special advisory professional or technical committees as may be useful in carrying out this title. Members of the Advisory Council and members Compensation, travel expenses. of any such advisory or technical committee, while attending meetings or conferences thereof or otherwise serving on business of the Advisory Council or of such committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government 80 Stat. 499. service employed intermittently. The Advisory Council shall meet as frequently as the Secretary deems necessary. Upon request of 5 or more members, it shall be the duty of the Secretary to call a meeting of the Advisory Council. “(b) It shall be the function of the Advisory Council (1) to advise Duties. the Secretary on matters of general policy in the administration of this title and in the formulation of regulations under this title, and (2) to study the utilization of hospital and other medical care and services for which payment may be made under this title with a view to recommending any changes which may seem desirable in the way in which such care and services are utilized or in the administration of the programs established by this title, or in the provisions of this title. The Report to Congress. Advisory Council shall make an annual report to the Secretary on the performance of its functions, including any recommendations it may have with respect thereto, and such report shall be transmitted promptly by the Secretary to the Congress. “(c) The Advisory Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Advisory Council such secretarial, clerical, and other assistance and such pertinent data obtained and prepared by the Department of Health, Education, and Welfare as the Advisory Council may require to carry out its functions.” (b) The amendment made by subsection (a) shall not be construed as affecting the terms of office of the members of the Health Insurance Benefits Advisory Council in office on the date of the enactment of this Act or their successors. The terms of office of the three additional members of the Health Insurance Benefits Advisory Council first appointed pursuant to the increase in the membership of such Council provided by such amendment shall expire, as designated by the Secretary at the time of appointment, one at the end of the first year, one at the end of the second year, and one at the end of the third year after the date of appointment. (c) Section 1868 of the Social Security Act is repealed. Sec. 165. advisory council on social security (a) (1) Section 706(a) of the Social Security Act is amended by striking out “During 1968 and every fifth year thereafter” and inserting in lieu thereof “During 1969 (but not before February 1, 1969) and every fourth year thereafter (but not before February 1 of such fourth year)”. (2) Section 706(d) such Act is amended by striking out “reports of its” and inserting in lieu thereof “reports (including any interim reports such Council may have issued) of its”. (b) Section 706(b) of such Act is amended by striking out “shall consist of the Commissioner of Social Security, as Chairman, and 12 other persons, appointed by the Secretary” and inserting in lieu thereof “shall consist of a Chairman and 12 other persons, appointed by the Secretary”. Sec. 166. reimbursement of civil service retirement annuitants for certain premium payments under supplementary medical insurance program Section 1840(e)(1) of the Social Security Act is amended by adding at the end thereof the following new sentence: “A plan 80 Stat. 602. described in section 8903 of title 5, United States Code, may reimburse each annuitant enrolled in such plan an amount equal to the premiums paid by him under this part if such reimbursement is paid entirely from funds of such plan which are derived from sources other than the contributions described in section 8906 of such title.” Sec. 167. appropriations to supplementary medical insurance trust fund (a) Section 1844 (a) of the Social Security Act is amended to read as follows: “(a) There are authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, to the 42 USC 1395t. Federal Supplementary Medical Insurance Trust Fund— “(1) a Government contribution equal to the aggregate premiums payable under this part and deposited in the Trust Fund, and “(2) such sums as the Secretary deems necessary to place the Trust Fund, at the end of any fiscal year occurring after June 30, 1967, in the same position in which it would have been at the end of such fiscal year if (A) a Government contribution representing the excess of the premiums deposited in the Trust Fund during the fiscal year ending June 30, 1967, over the Government contribution actually appropriated to the Trust Fund during such fiscal year had been appropriated to it on June 30, 1967, and (B) the Government contribution for premiums deposited in the Trust Fund after June 30, 1967, had been appropriated to it when such premiums were deposited.” (b) Section 1844(b) of such Act is amended by striking out “1967” and inserting in lieu thereof “1969”. Sec. 168. disclosure to courts of whereabouts of certain individuals (a) Section 1106(c)(1) of the Social Security Act is 79 Stat. 411. 42 USC 1306. amended by inserting “(A)” after “(c)(1)”, by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and by adding at the end thereof the following new subparagraph: “(B) If a request for the most recent address of any individual so included is filed (in accordance with paragraph (2) of this subsection) by a court having jurisdiction to issue orders or entertain petitions against individuals for the support and maintenance of their children, the Secretary shall furnish such address, or the address of the individual’s most recent employer, or both, for the use of the court (and for no other purpose) in issuing or determining whether to issue such an order against such individual or in determining (in the event such individual is not within the jurisdiction of the court) the court to which a petition for support and maintenance against such individual should be forwarded under any reciprocal arrangements with other States to obtain or improve court orders for support, if the court certifies that the information is requested for such use.” (b) (1) Section 1106(c)(2) of such Act is amended by striking out “, and shall be accompanied” and all that follows and inserting in lieu thereof “(and, in the case of a request under paragraph (1)(A), shall be accompanied by a certified copy of the order referred to in clauses (i) and (iv) thereof).” (2) Section 1106(c)(3) of such Act is amended by striking out “authorized by subparagraph (D) thereof” and inserting in lieu thereof “authorized by subparagraph (A)(iv) or (B) thereof”. Sec. 169. reports of boards of trustees to congress (a) Sections 201(c)(2), 1817(b)(2), and 1841(b)(2) of the Social Security Act are each amended by striking out “March” and 70 Stat. 521; 79 Stat. 300, 308. 42 USC 401, 1395i, 1395t. inserting in lieu thereof “April”. (b) Section 201(c) of such Act is amended by inserting immediately before the last sentence the following new sentence: “Such report shall also include an actuarial analysis of the benefit disbursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries.” Sec. 170. general saving provision Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on 64 Stat. 487. 42 USC 402. 42 USC 423. the basis of the wages and self-employment income of an individual, and (2) one or more persons (not included in paragraph (1)) become entitled to monthly benefits under such section 202 for February 1968 on the basis of such wages and self-employment by reason of the amendments made to such Act by sections 104, 112, 150, 151, 156, and 157 of this Act, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 on the basis of such wages and self-employment for February 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after January 1968 shall be increased, after the application of such section 203(a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph. Sec. 171. expedited benefit payments (a) Section 205 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(q) “Expedited Benefit Payments (1) The Secretary shall establish and put into effect procedures under which expedited payment of monthly insurance benefits under this title will, subject to paragraph (4) of this subsection, be made as set forth in paragraphs (2) and (3) of this subsection. “(2) In any case in which— “(A) an individual makes an allegation that a monthly benefit under this title was due him in a particular month but was not paid to him. and “(B) such individual submits a written request for the payment of such benefit— “(i) in the case of an individual who received a regular monthly benefit in the month preceding the month with respect to which such allegation is made, not less than 30 days after the 15th day of the month with respect to which such allegation is made (and in the event that such request is submitted prior to the expiration of such 30-day period, it shall be deemed to have been submitted upon the expiration of such period), and “(ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or (II) the date on which such individual furnished the last information requested by the Secretary (and such written request, will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Secretary has evidence that such allegation is true, whichever is later), the Secretary shall, if he finds that benefits are due, certify such benefits for payment, and payment shall be made within 15 days immediately following the date on which the written request is deemed to have been filed. “(3) In any case in which the Secretary determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, he may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B)(i) and (B)(ii) have not elapsed. “(4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer. “(5) For purposes of this subsection, benefits payable under section 228 shall be treated as monthly insurance benefits payable under this title. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any 42 USC 423, 402. benefit alleged to be due under either section 223, or section 202 to a wife, husband, or child of an individual entitled to or applying for benefits under section 223, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability.” (b) The amendment made by subsection (a) of this section shall be effective with respect to written requests filed under section 205(q) of the Social Security Act after June 30, 1968. Sec. 172. definition of blindness (a) The first sentence of section 216(i)(1) of the Social Security Act is amended by striking out “(B)” and all that follows 42 USC 416. and inserting in lieu thereof “(B) blindness; and the term ‘blindness’ means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.” (b) The second sentence of section 216(i)(1) of such Act is amended to read as follows: “An eve which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less.” (c) The amendments made by this section shall be effective with respect to benefits under section 223 of the Social Security Act for 42 USC 423. months after January 1968 based on applications filed after the date of enactment of this Act and with respect to disability determinations under section 216(i) of the Social Security Act based on applications filed after the date of enactment of this Act. Sec. 173. attorneys fees for claimants Section 206(a) of the Social Security Act is amended by 42 USC 406. inserting, immediately before the last sentence thereof, the following new sentences: “Whenever the Secretary, in any claim before him for benefits under this title, makes a determination favorable to the claimant. he shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim. If as a result of such determination, such claimant is entitled to past-due benefits under this title, the Secretary shall, notwithstanding section 205(i), certify for payment (out of such past-due 42 USC 405. benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 156(c) · 81 Stat. 821
Substituted · 42 U.S.C. § 416(g)(5)
Pub. L. 90–248, § 156(c), substituted “not less than nine months” for “not less than one year”
Source evidence
Code amendment note
Subsec. (g)(5). Pub. L. 90–248, § 156(c), substituted “not less than nine months” for “not less than one year”.
Enacted provision · exact public law section
(c) Section 216 (g) of such Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”.
1968
Social Security Amendments of 1967
Pub. L. 90–248 title I · 81 Stat. 821
1. Inserted · 42 U.S.C. § 416(i)(1)
  Pub. L. 90–248, §§ 104(d)(2), 158(d), 172(a), (b), inserted “402(e), 402(f),” after “402(d),”, redefined “blindness” to mean central visual acuity of 20/200 rather than 5/200 or less in the better eye
2. Substituted · 42 U.S.C. § 416(i)(1)
  Pub. L. 90–248, §§ 104(d)(2), 158(d), 172(a), (b), substituted provision deeming an eye accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees as having a central visual acuity of 20/200 or less for former provision deeming an eye in which visual field is reduced to five degrees or less concentric contraction as having a central visual acuity of 5/200 or less, respectively, and deleted former third sentence which provided that an individual was not deemed under a disability unless he furnished proof as required
3. Added · 42 U.S.C. § 416(i)(1)
  Pub. L. 90–248, §§ 104(d)(2), 158(d), 172(a), (b), added third sentence making section 423(d)(2)(A), (3), (4), and (5) of this title applicable to determine if an individual is under a disability
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 90–248, §§ 104(d)(2), 158(d), 172(a), (b), inserted “402(e), 402(f),” after “402(d),”, redefined “blindness” to mean central visual acuity of 20/200 rather than 5/200 or less in the better eye and substituted provision deeming an eye accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees as having a central visual acuity of 20/200 or less for former provision deeming an eye in which visual field is reduced to five degrees or less concentric contraction as having a central visual acuity of 5/200 or less, respectively, and deleted former third sentence which provided that an individual was not deemed under a disability unless he furnished proof as required and added third sentence making section 423(d)(2)(A), (3), (4), and (5) of this title applicable to determine if an individual is under a disability.
Enacted provision · exact public law
TITLE I— OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE Part 1— Benefits Under the Old-Age, Survivors, and Disability Insurance Program Sec. 101. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $15. 60 $48. 00 ......................................... $74 $55. 00 $82. 50 or less $15. 61 16. 20 49. 00 $75 76 55. 40 83. 10 16. 21 16. 84 50. 00 77 78 56. 50 84. 80 16. 85 17. 60 51. 00 79 80 57. 70 86. 60 17. 61 18. 40 52. 00 81 81 58. 80 88. 20 18. 41 19. 24 53. 00 82 S3 59. 90 89. 90 19. 25 20. 00 54. 00 84 85 61. 10 91. 70 20. 01 20. 64 55. 00 86 87 62. 20 93. 30 20. 65 21. 28 56. 00 88 89 63. 30 95. 00 21. 29 21. 88 57. 00 90 90 64. 50 90. 80 21. 89 22. 28 58. 00 91 92 65. 60 98. 40 22. 29 22. 68 50. 00 93 94 66. 70 100. 10 22. 69 23. 08 60. 00 95 96 67. 80 101. 70 23. 09 23. 44 61. 00 97 97 69. 00 103. 50 23. 45 23. 76 62. 10 98 99 70. 20 105. 30 23. 77 24. 20 63. 20 100 101 71. 50 107. 30 24. 21 24. 60 64. 20 102 102 72. 60 108. 90 24. 61 25. 00 65. 30 103 104 73. 80 110. 70 25. 01 25. 48 66. 40 105 106 75. 10 112. 70 25. 49 25. 92 67. 50 107 107 76. 30 114. 50 25. 93 28. 40 68. 50 108 109 77. 50 116. 30 26. 41 26. 94 69. 60 110 113 78. 70 118. 10 26. 95 27. 46 70. 70 114 118 79. 90 119. 90 27. 47 28. 00 71. 70 119 122 81. 10 121. 70 28. 01 28. 68 72. 80 123 127 82. 30 123. 50 “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $28. 69 $29. 25 $73. 90 $128 $132 $83. 60 $125. 40 29. 26 29. 68 74. 90 133 136 84. 70 127. 10 29. 69 30. 36 76. 00 137 141 85. 90 128. 90 30. 37 30. 92 77. 10 142 146 87. 20 130. 80 30. 93 31. 36 78. 20 147 150 88. 40 132. 60 31. 37 32. 00 79. 20 151 155 89. 50 134. 30 32. 01 32. 60 80. 30 156 160 90. 80 136. 20 32. 61 33. 20 81. 40 161 164 92. 00 138. 00 33. 21 33. 88 82. 40 165 169 93. 20 139. 80 33. 88 34. 50 83. 50 170 174 94. 40 141. 60 34. 31 35. 00 84. 60 175 178 95. 60 143. 40 35. 01 35. 80 85. 60 179 183 90. 80 146. 40 35. 81 36. 40 86. 70 184 188 98. 00 150. 40 36. 41 37. 08 87. 80 189 193 99. 30 154. 40 37. 09 37. 60 88. 90 194 197 100. 50 157. 60 37. 61 38. 20 89. 90 198 202 101. 60 161. 60 38. 21 39. 12 91. 00 203 207 102. 90 165. 60 39. 13 39. 68 92. 10 208 211 104. 10 168. 80 39. 69 40. 33 93. 10 212 216 105. 20 172. 80 40. 34 41. 12 94. 20 217 221 106. 50 176. 80 41. 13 41. 76 96. 30 222 225 107. 70 180. 00 41. 77 42. 44 96. 30 226 230 108. 90 184. 00 42. 45 43. 20 97. 40 231 235 110. 10 188. 00 43. 21 43. 76 98. 50 236 239 111. 40 191. 20 43. 77 44. 44 99. 60 240 244 112. 60 195. 20 44. 45 44. 88 100 60 245 249 113. 70 199. 20 44. 89 45. 60 101. 70 250 253 115. 00 202. 40 102. 80 254 258 116. 20 206. 40 103. 80 259 263 117. 30 210. 40 104. 90 264 267 118. 60 213. 60 106. 00 268 272 119. 80 217. 60 107. 00 273 277 121. 00 221. 60 108. 10 278 281 122. 20 224. 80 109. 20 282 286 123. 40 228. 80 110. 30 287 291 124. 70 232. 80 111. 30 292 295 125. 80 236. 00 112. 40 296 300 127. 10 240. 00 113. 50 301 305 128. 30 244. 00 114. 50 306 309 129. 40 247. 20 115. 60 310 314 130. 70 251. 20 116. 70 315 319 131. 90 255. 20 117. 70 320 323 133. 00 258. 40 118. 80 324 328 134. 30 262. 40 110. 90 329 333 135. 50 266. 40 121. 00 334 337 136. 80 269. 60 122. 00 338 342 137. 90 273. 00 123. 10 343 347 139. 10 277. 60 124. 20 348 351 140. 40 280. 80 125. 20 352 356 141. 50 284. 80 126. 30 357 361 142. 80 288. 80 127. 40 362 365 144. 00 292. 00 128. 40 366 370 145. 10 296. 00 129. 50 371 375 146. 40 300. 00 130. 60 376 379 147. 60 303. 20 131. 70 380 384 148. 90 307. 20 132. 70 385 389 150. 00 311. 20 133. 80 390 393 151. 20 314. 40 134. 90 394 398 152. 50 318. 40 135. 90 399 403 153. 60 322. 40 137. 00 404 407 154. 90 325. 60 138. 00 408 412 156. 00 329. 60 139. 00 413 417 157. 10 333. 60 140. 00 418 421 158. 20 336. 80 141. 00 422 426 159. 40 340. 80 142. 00 427 431 160. 50 344. 80 143. 00 432 436 161. 60 348. 80 144. 00 437 440 162. 80 350. 40 145. 00 441 445 163. 90 352. 40 146. 00 446 450 165. 00 354. 40 147. 00 451 454 166. 20 356. 00 148. 00 455 459 167. 30 358. 00 149. 00 460 464 168. 40 360. 00 150. 00 465 468 169. 50 361. 60 151. 00 469 473 170. 70 363. 60 “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $152. 00 $474 $478 $171. 80 $365. 60 163. 00 479 482 172. 90 367. 20 154. 00 483 487 174. 10 369. 20 155. 00 488 492 175. 20 371. 20 156. 00 493 496 176. 30 372. 80 157. 00 497 501 177. 50 374. 80 158. 00 502 506 178. 60 376. 80 159. 00 507 510 179. 70 378. 40 160. 00 511 515 180. 80 380. 40 161. 00 516 520 182. 00 382. 40 162. 00 521 524 183. 10 384. 00 163. 00 525 529 184. 20 386. 00 164. 00 530 534 185. 40 388. 00 165. 00 535 538 186. 50 389. 60 166. 00 539 543 187. 60 391. 60 167. 00 544 548 188. 80 393. 60 168. 00 549 553 189. 90 395. 60 554 556 191. 00 396. 80 557 560 192. 00 398. 40 561 563 193. 00 399. 60 564 567 194. 00 401. 20 568 570 195. 00 402. 40 571 574 196. 00 404. 00 575 577 197. 00 405. 20 578 581 198. 00 406. 80 582 584 199. 00 408. 00 585 588 200. 00 400. 60 589 591 301. 00 410. 80 592 595 202. 00 412. 40 596 598 203. 00 413. 60 599 602 204. 00 415. 20 603 605 205. 00 416. 40 606 609 206. 00 418. 00 610 612 207. 00 419. 20 613 616 208. 00 420. 80 617 620 209. 00 422. 40 621 623 210. 00 423. 60 624 627 211. 00 425. 20 628 630 212. 00 426. 40 631 634 213. 00 428. 00 635 637 214. 00 429. 20 638 641 215. 00 430. 80 642 644 216. 00 432. 00 645 648 217. 00 433. 60 649 650 218. 00 434. 40”. (b) Section 203(a) of such Act is amended by striking out paragraph (2) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly 42 USC 402, 423. benefits under section 202 or 223 for the month of February 1968 on the basis of the wages and self-employment income of such insured individual, such total of benefits for such month or any subsequent month shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(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 of 42 USC 422; Post, pp. 830–832. section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), as in effect prior to February 1968, for each such person for February 1968, by 113 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 42 USC 403. not be applied to such total or benefits after the application of subparagraph (B), and (ii) if section 202(k)(2)(A) was applicable in the case of any such benefits for the month of February 1968, 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 February 1968, or”. (c) (1) Section 215(b)(4) of such Act is amended to read as 79 Stat. 364. 42 USC 415. follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after January 1968, to benefits under section 202(a) or section 223; or 42 USC 402, 423. “(B) who dies after January 1968 without being entitled to benefits under section 202(a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2).” Post, p. 865. (2) Section 215(b)(5) of such Act is repealed. Repeal. 79 Stat. 364. 42 USC 415. 79 Stat. 363. (d) Section 215(c) of such Act is amended to read as follows: “(c) “Primary Insurance Amount Under 1965 Act (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance Ante, p. 824. amount shall be computed on the basis of the law in effect prior to the enactment of the Social Security Amendments of 1967. “(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 month of February 1968, or who died before such month.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Post, p. 833. months after January 1968 and with respect to lump-sum death payments under such title in the case of deaths occurring after January 1968. (f) If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for the month of January 1968 and became entitled to old-age insurance benefits under section 202(a) of such Act for the month of February 1968, or who died in such month, then, for purposes of section 215(a)(4) of the Social Security Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the Ante, p. 824. 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 Supra. insurance amount on which his disability insurance benefit is based. Sec. 102. increase in benefits for certain individuals age 72 and over (a) (1) Section 227(a) of the Social Security Act is 79 Stat. 379. 42 USC 427. amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (2) Section 227(b) of such Act is amended by striking out in the second sentence “$35” and inserting in lieu thereof “$40”. (b) (1) Section 228 (b)(1) of such Act is amended by striking out 80 Stat. 67. 42 USC 428. “$35” and inserting in lieu thereof “$40”. (2) Section 228(b)(2) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (3) Section 228(c)(2) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (4) Section 228(c)(3)(A) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”. (5) Section 228(c)(3)(B) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (c) The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security 42 USC 401–428; Post, p. 833. Act for months after January 1968. Sec. 103. maximum amount of a wife’s or husband’s insurance benefit (a) Section 202(b)(2) of the Social Security Act is amended to read as follows: “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month or (B) $105.” (b) Section 202(c)(3) of such Act is amended to read as follows: “(3) Except as provided in subsection (q), such husband’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of his wife for such month, or (B) $105.” (c) Section 202(e)(4) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (d) Section 202(f)(5) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (e) The amendments made by subsections (a), (b), (e). and (d) shall apply with respect to monthly benefits under title II of the Social Security Act for months after January 1968. Sec. 104. benefits to disabled widows and widowers (a) (1) Subparagraph (B) of section 202(e)(1) of the Social Security Act is amended to read as follows: “(B) (i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section Post, p. 868. 223(d)) which began before the end of the period specified in Post, p. 829. paragraph (5),”. (2) So much of section 202(e)(1) of such Act as follows subparagraph (E) is amended to read as follows: “shall be entitled to a widow’s insurance benefit for each month, beginning with— “(F) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or “(G) if she satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after her waiting period (as defined in paragraph (6)) in which she becomes so entitled to such Infra. insurance benefits, or “(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (5) and (II) after the month in which a Infra. previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent, of the primary insurance amount of such deceased individual, or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month).” (3) Section 202(e) of such Act is further amended by adding after 79 Stat. 403. 42 USC 402. paragraph (4) the following new paragraphs: “(5) The period referred to in paragraph (l)(B)(ii), in the case Ante, p. 828. of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or “(B) the last month for which she was entitled to mother’s insurance benefits on the basis of the wages and self-employment income of such individual, or “(C) the month in which a previous entitlement to widow’s insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(6) The waiting period referred to in paragraph (1)(G), in the Supra. case of any widow or surviving divorced wife, is the earliest period of six consecutive calendar months— “(A) throughout which she has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which her application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (5) begins.” (b) (1) Subparagraph (B) of section 202(f)(1) of such Act is 64 Stat. 485; 75 Stat. 131. amended to read as follows: “(B) (i) has attained age 62, or (ii) has attained age 50 but has not attained age 62 and is under a disability (as defined in section 223(d)) which began before the end of the period specified Post, p. 868. Post, p. 830. in paragraph (6),”. (2) So much of section 202(f)(1) of such Act as follows subparagraph (E) is amended to read as follows: 64 Stat. 485; 71 Stat. 519. “shall be entitled to a widower’s insurance benefit for each month, beginning with— “(F) if he satisfies subparagraph (B) by reason of clause (i) Supra. thereof, the first month in which he becomes so entitled to such insurance benefits, or “(G) if he satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after his waiting period (as defined in Infra. paragraph (7)) in which he becomes so entitled to such insurance benefits, or “(ii) the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period Intra. specified in paragraph (6) and (II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82% percent of the primary insurance amount of his deceased wife, or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month).” (3) Section 202(f)(3) of such Act is amended by inserting “subsection (q) and” after “provided in”. (4) Section 202(f) of such Act is further amended by adding after paragraph (5) the following new paragraphs: “(6) The period referred to in paragraph (1)(B)(ii), in the case of any widower, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based, or “(B) the month in which a previous entitlement to widower’s insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased, and ending with the month before the month in which he attains age 62, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(7) The waiting period referred to in paragraph (1)(G), in the case of any widower, is the earliest period of six consecutive calendar months— “(A) throughout which he has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which his application is filed, or (ii) the first day of the sixth month before the month in which the period Supra. 79 Stat. 368. specified in paragraph (6) begins.” (c) (1) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Benefit Amounts for Certain Beneficiaries” (2) So much of section 202(q)(1) of such Act as precedes subparagraph (A) is amended by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (3) Subparagraph (A) of section 202(q)(1) of such Act is amended by striking out “or widow’s” and inserting in lieu thereof “, widow’s, or widower’s”. (4) Section 202 (q)(1) of such Act is amended by adding at the end thereof the following: “A widow’s or widower’s insurance benefit reduced pursuant to the preceding sentence shall be further reduced by— “(C) 43/198 of 1 percent of the amount of such benefit, multiplied by “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), Post, p. 832 if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (5) Section 202(q)(3)(A) of such Act is amended— 75 Stat. 132; 79 Stat. 368, 374. 42 USC 402. (A) by striking out “or widow’s” each place it appears and inserting in lieu thereof “widow’s, or widower’s”; (B) by striking out “a widow’s” and inserting in lieu thereof “a widow’s or widower’s”; and (C) by striking out “60” and inserting in lieu thereof “50”. (6) Section 202(q)(3)(C) of such Act is amended by striking out 79 Stat. 369. “or widow’s” each time it appears and inserting in lieu thereof “widow’s, or widower’s”. (7) Section 202(q)(3)(D) of such Act is amended by striking out 75 Stat. 132; 79 Stat. 368, 374. “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (8) Section 202(q)(3)(E) of such Act is amended— 79 Stat. 374. (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (9) Section 202(q)(3)(F) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widowers”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (10) Section 202(q)(3)(G) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “he” and inserting in lieu thereof “she or he”. (11) Section 202(q)(6) of such Act is amended to read as follows: 75 Stat. 138; 79 Stat. 368. “Reduction period.” “(6) For the purposes of this subsection— “(A) the ‘reduction period’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the period— “(i) beginning— “(I) in the case of an old-age or husband’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or “(II) in the case of a wife’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or “(III) in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and “(ii) ending with the last day of the month before the month in which such individual attains retirement age; and “(B) the ‘additional reduction period’ for an individual’s widow’s or widower’s insurance benefit is the period— “(i) beginning with the first day of the first month for which such individual is entitled to such benefit, but only if such individual has not attained age 60 in such first month, and “(ii) ending with the last day of the month before the month in which such individual attains age 60.” (12) Section 202(q)(7) of such Act is amended— (A) by inserting “or ‘additional adjusted reduction period’” after “the ‘adjusted reduction period’ (B) by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”; (C) by inserting “or additional reduction period (as the case may be)” after “the reduction period”; and (D) by striking out “widow’s” in subparagraph (E) and inserting in lieu thereof “widow’s or widower’s”, by striking out “she” each place it appears in such subparagraph and inserting in lieu thereof “she or he”, and by striking out “her” in such subparagraph and inserting in lieu thereof “her or his”. (13) Section 202(g)(9) of such Act is amended by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”. (d) (1) (A) The third sentence of section 203(c) of such Act is amended by striking out “or any subsequent month” and inserting in lieu thereof “or any subsequent month; nor shall any deduction be made under this subsection from any widow’s insurance benefit for any month in which the widow or surviving divorced wife is entitled and has not attained age 62 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 62” (B) The third sentence of section 203(f)(1) of such Act is amended by striking out “or (D)” and inserting m lieu thereof the following: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 62 (but only if she became so entitled prior to attaining age 60) or widower’s insurance benefits and has not attained age 62, or (E)”. (C) Section 203(f)(2) of such Act is amended by striking out “and (D)” and inserting in lieu thereof “(D), and (E)”. (D) Section 203(f)(4) of such Act is amended by striking out “(D)” and inserting in lieu thereof “(E)”. (2) Section 216(1)(1) of such Act is amended by inserting “202(e), 202(f),” after “202(d),”. (3) (A) Section 222(a) of such Act is amended by inserting “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”. (B) Section 222(b)(1) of such Act is amended by striking out “child’s insurance benefits or if” and inserting in lieu thereof “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or”. (4) (A) Section 222(d)(1) of such Act is amended by inserting “or” at the end of subparagraph (B), and by inserting after such subparagraph the following new subparagraphs: “(C) entitled to widow’s insurance benefits under section 202 (e) prior to attaining age 60, or “(D) entitled to widower’s insurance benefits under section 202 (f) prior to attaining age 62,”. 42 USC 402. 79 Stat. 408. 42 USC 422. (B) Section 222(d)(1) of such Act is further amended by striking out “who have attained age 18 and are under a disability,” in the first sentence and inserting in lieu thereof the following: “who have attained age 18 and are under a disability, the benefits under section 202(e) for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 202(f) for widowers who have not attained age 62,”. (5) (A) The first sentence of section 225 of such Act is amended 70 Stat. 817. 42 USC 425. by inserting after “under section 202(d),” the following: “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 202(e), or that a widower who has not attained age 62 and is entitled to benefits under section 202(f),”. (B) The first sentence of section 225 of such Act is further amended by striking out “223 or 202(d)” and inserting in lieu thereof “202(d). 202(e),202(f),or 223”. (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 105. insured status for younger disabled workers (a) Subparagraph (B)(ii) of section 216(i)(3) of the Social Security Act is amended by striking out “and he is under a 79 Stat. 412. 42 USC 416. disability by reason of blindness (as defined in paragraph (1))”. (b) Subparagraph (B)(ii) of section 223(c)(1) of such Act is 79 Stat. 413. 42 USC 423. amended by striking out “before he attains” and inserting in lieu thereof “before the quarter in which he attains”, and by striking out “and he is under a disability by reason of blindness (as defined in section 216(i)(1))”. (c) The amendment made by subsection (a) shall apply only with respect to applications for disability determinations filed under section 216(i) or the Social Security Act in or after the month in which this Act is enacted. The amendments made by subsection (b) shall apply with respect to monthly benefits under title II of such Act for months after January 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 106. benefits in case of members of the uniformed services Title II of the Social Security Act is amended by adding 53 Stat. 1362; 80 Stat. 67. 42 USC 401–428. at the end thereof the following new section: “Sec. 229. “benefits in case of members of the uniformed services (a) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1967, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216 (i)(3), such individual shall be deemed to have been paid, in each calendar quarter occurring after 1967 in which he was paid wages for service as a member of a uniformed service (as defined in section 210(m)) which was included in the term ‘employment’ as defined in section 210(a) as a result of the provisions or sec-tion 210(1), wages (in addition to the wages actually paid to him for such service) of— “(1) $100 if the wages actually paid to him in such quarter for such services were $100 or less, “(2) $200 if the wages actually paid to him in such quarter for such services were more than $100 but not more than $200, or “(3) $300 in any other case. “(b) There are authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund 42 USC 401 et seq., 1395c–1395i. annually, as benefits under this title and part A of title XVIII are paid after December 1967, such sums as the Secretary determines to be necessary to meet (1) the additional costs, resulting from subsection (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts. Such additional costs shall be determined after any increases in such benefits arising from the application of section 217 have been made.” Sec. 107. liberalization of earnings test (a) (1) Paragraphs (1), (3), and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$125” and inserting in lieu thereof “$140”. (2) Paragraph (1)(A) of section 203(h) of such Act is amended by striking out “$125” and inserting in lieu thereof “$140”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 1967. Sec. 108. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(4) of the Social Security Act is amended by inserting “and prior to 1968” after “1965”. (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(5) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $7,800 with respect to employment has been paid to an individual during any calendar year after 1967, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(D) of such Act is amended by inserting “and prior to 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(E) For any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a calendar year after 1967”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967”. (4) Section 215(e)(1) of such Act is amended by striking out “and the excess over $6,600 in the case of any calendar year after 1965” and inserting in lieu thereof “the excess over $6,600 in the case of any calendar year after 1965 and before 1968, and the excess over $7,800 in the case of any calendar year after 1967”. (b) (1) (A) Section 1402(b)(1)(D) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 79 Stat. 393. by inserting “and before 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402 (b)(1) of such Code is further amended by adding 68 Stat. 1088; 79 Stat. 393. at the end thereof the following new subparagraph: “(E) for any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of wages) is amended by striking out “$6,600” each place it appears and 79 Stat. 393. inserting in lieu thereof “$7,800”. (3) The second sentence of section 3122 of such Code (relating to Federal service) is amended by striking out “$6,600” and inserting in lieu thereof “$7,800”. (4) Section 3125 of such Code (relating to returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia) is amended by striking out “$6,600” each place it appears and inserting in lieu thereof “$7,800”. (5) Section 6413 (c)(1) of such Code (relating to special refunds of employment taxes) is amended— 79 Stat. 393, 394. (A) by inserting “and prior to the calendar year 1968” after “the calendar year 1965”; (B) by inserting after “exceed $6,600,” the following: “or (D) during any calendar year after the calendar year 1967, the wages received by him during such year exceed $7,800,”; and (C) by inserting before the period at the end thereof the following: “and before 1968, or which exceeds the tax with respect to the first $7,800 of such wages received in such calendar year after 1967”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $6,600 for any calendar year after 1965” and inserting in lieu thereof “$6,600 for the calendar year 1966 or 1967, or $7,800 for any calendar year after 1967”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1967. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1967. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1967. Sec. 109. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended by striking 79 Stat. 394. out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1969, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1971, the tax shall be equal to 6.3 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1970, and before January 1, 1973, the tax shall be equal to 6.9 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(a) of such Code (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages received during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages received during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 5.0 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages paid during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages paid during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 5.0 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1973, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax shall be equal to 0.65 percent of the amount of the self-employment income for such taxable year; . “(3) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year; and “(5) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.90 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(b) of such Code (relating to rate of tax on employees for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages received after December 31, 1986, the rate shall be 0.90 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking 79 Stat. 396. out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages paid after December 31, 1986, the rate shall be 0.90 percent.” (c) The amendments made by subsections (a)(1) and (b)(1) shall apply only with respect to taxable years beginning after December 31, 1967. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1967. Sec. 110. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is 70 Stat. 819; 79 Stat. 370. 42 USC 401. amended— (1) by inserting “(A)”after “(1)”; (2) by striking out “1954, and” and inserting in lieu thereof “1954, (B)”; (3) by inserting “and before January 1, 1968,” after “December 31, 1965,”; and (4) by inserting after “so reported,” the following: “and (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and so reported,”. (b) Section 201 (b)(2) of such Act is amended— (1) by inserting“(A)” after “(2)”; (2) by striking out “1966, and” and inserting in lieu thereof “1966, (B)”;and (3) by inserting after “December 31, 1965,” the following: “and before January 1, 1968, and (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1967,”. Sec. 111. extension of time for filing application for disability freeze where failure to make timely application is due to incompetency (a) Section 216(i)(2) of the Social Security Act is 79 Stat. 367, 400. 42 USC 416. amended (1) by striking out “No” in subparagraph (E) and inserting in lieu thereof “Except as is otherwise provided in subparagraph (F), no”, (2) by redesignating subparagraph (F) as subparagraph (G), and (3) by adding after subparagraph (E) the following new subparagraph: “(F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph 79 Stat. 367. 42 USC 416. (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— “(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and “(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, “(I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, “(II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and “(III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.” (b) No monthly insurance benefits under title II of the Social Security Act shall be payable or increased for any month before the month in which this Act is enacted by reason of amendments made by subsection (a). Sec. 112. benefits for certain adopted children (a) Section 202(d)(8) of the Social Security Act (as redesignated by section 151(c) of this Act) is amended— (1) by striking out the period at the end of subparagraph (D), and inserting in lieu of such period “; or”, and (2) by adding after and below subparagraph (D) the following new subparagraph: “(E) was legally adopted by such individual— “(i) in an adoption which took place under the supervision of a public or private child-placement agency, “(ii) in an adoption decreed by a court of competent jurisdiction within the United States, “(iii) on a date immediately preceding which such individual had continuously resided for not less than one year within the United States; “(iv) at a time prior to the attainment of age 18 by such child.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of 42 USC 401–428; Ante, p. 833. applications filed after the date of enactment of this Act. Part 2— Coverage Under the Old-Age, Survivors, and Disability Insurance Program Sec. 115. coverage of ministers (a) The last sentence of section 211(c) of the Social Security Act is amended to read as follows: “The provisions of paragraph 79 Stat. 380. 42 USC 411. (4) or (5) shall not apply to service (other than service performed by it member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under section 1402(e) of the Internal Revenue Code of 1954 is Infra. effective with respect to him.” (b) (1) The last sentence of section 1402(c) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is 79 Stat. 381. amended to read as follows: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under subsection (e) is effective with respect to him.” (2) Section 1402(e) of such Code (relating to ministers, members of religious orders, and Christian Science practitioners) is amended to 68 Stat. 1088. read as follows: “(e) Ministers, Members of Religious Orders, and Christian Science Practitioners.— “(1) Exemption.— Any individual who is (A) a duly ordained, commissioned, or licensed minister of a church or a member of a religious order (other than a member of a religious order who has taken a vow of poverty as a member of such order) or (B) a Christian Science practitioner, upon filing an application (in such form and manner, and with such official, as may be prescribed by regulations made under this chapter) together with a statement 26 USC 1401–1403. that either he is conscientiously opposed to, or because of religious principles he is opposed to, the acceptance (with respect to services performed by him as such minister, member, or practitioner) of any public insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act), shall receive an exemption from the tax imposed by 42 USC 1305. this chapter with respect to services performed by him as such minister, member, or practitioner. Notwithstanding the preceding sentence, an exemption may not be granted to an individual under this subsection if be had filed an effective waiver certificate under this section as it was in effect before its amendment in 1967. “(2) Time for filing application.— Any individual who desires to file an application pursuant to paragraph (1) must file such application on or before whichever of the following dates is later: (A) the due date of the return (including any extension thereof) for the second taxable year for which he has net earn-ings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or (B) the due date of the return (including any extension thereof) for his second taxable year ending after 1967. “(3) Effective date of exemption.— An exemption received by an individual pursuant to this subsection shall be effective for the first taxable year for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5), and for all succeeding taxable years. An exemption received pursuant to this subsection shall be irrevocable.” (c) The amendments made by subsections (a) and (b) shall apply only with respect to taxable years ending after 1967. Sec. 116. coverage of state and local employees (a) Section 218(d)(6)(D) of the Social Security Act is amended by inserting “(i)” after “(D)”, and by adding at the end thereof the following: “(ii) Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this title.” (b) (1) (A) Section 218(c)(3) of such Act is amended by striking out subparagraph (A), and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). respectively. (B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”. (C) Paragraph (4)(C) of section 218(d) of such Act is amended by striking out “subsection (c)(3)(C)” and inserting in lieu thereof “subsection (c)(3)(B)”. (2) Section 218(c)(6) of such Act is amended— (A) by striking out “and” at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding at the end thereof the following new subparagraph: “(E) service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency.” (3) The amendments made by this subsection shall be effective with respect to services performed on or after January 1, 1968. (c) Section 218(c) of such Act is amended by adding at the end thereof the following new paragraph: “(8) Notwithstanding any other provision of this section, the agreement with any State entered into under this section may at the option of the State be modified on or after January 1, 1968, to exclude service performed by election officials or election workers if the remuneration paid in a calendar quarter for such service is less than $50. Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.” (d) The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1967” and inserting in lieu thereof 72 Stat. 1039; 79 Stat. 385. 42 USC 418. “1970”. Sec. 117. inclusion of illinois among states permitted to divide their retirement systems Section 218(d)(6)(C) of the Social Security Act is amended by inserting “Illinois,” after “Georgia,”. Sec. 118. taxation of certain earnings of retired partner (a) Section 1402(a) of the Internal Revenue Code of 1954 (relating to definition of net earnings from self-employment) is 68A Stat. 353; 68 Stat. 1087. amended— (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (9) the following new paragraph: “(10) there shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, m which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (b) Section 211(a) of the Social Security Act is amended— 64 Stat. 502; 68 Stat. 1055. 42 USC 411. (1) by striking out “and” at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (8) the following new paragraph: “(9) There shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary of the Treasury or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, in which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (c) The amendments made by this section shall apply only with respect to taxable years ending on or after December 31, 1967. Sec. 119. inclusion of puerto rico among states permitted to include firemen and policemen; validation of certain past coverage in the state of nebraska (a) Section 218(p) of the Social Security Act is amended by inserting “Puerto Rico,” after “Oregon,”. (b) In any case in which— (1) an individual has performed services prior to the enactment of this Act in the employ of a political subdivision of the State of Nebraska in a fireman’s position, and (2) amounts, equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal 79 Stat. 395, 396. Revenue Code of 1954 had such services constituted employment for purposes of section 21 of such Code at the time they were performed, were timely paid in good faith to the Secretary of the Treasury, and (3) no refunds of such amounts paid in lieu of taxes have been obtained, the amount of the remuneration for such services with respect to which such amounts have been paid shall be deemed to constitute remuneration for employment as defined in section 209 of the Social 42 USC 409. Security Act. Sec. 120. coverage of firemen’s positions pursuant to a state agreement (a) Section 218(p) of the Social Security Act is amended by— (1) inserting “(1)” after “(p)”; and (2) adding the following paragraph: “(2) A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this title to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary of Health, Education, and Welfare that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.” (b) Nothing in the amendments made by subsection (a) shall authorize the extension of the insurance system established by title 42 USC 401–428; Ante, p. 833. II of the Social Security Act under the provisions of section 218(d)(6)(C) of such Act to service in any fireman’s position. (c) The amendment made by this section shall apply in the case of any State with respect to modifications of such State agreement under section 218 of the Social Security Act made after the date of enactment of this Act. Sec. 121. validation of coverage erroneously reported Section 218(f) of the Social Security Act is amended by 68 Stat. 1058; 72 Stat. 1040. 42 USC 418. adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of paragraph (2) of this subsection, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services 79 Stat. 395, 396. constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2).” Sec. 122. coverage of fees of state and local government employees as self-employment income (a) (1) Section 211(c)(1) of the Social Security Act is 64 Stat. 503. 42 USC 411. amended to read as follows: “(1) The performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (2) Section 211(c)(2) of such Act is amended (A) by striking out 74 Stat. 945. “and” at the end of subparagraph (C); (B) by striking out the semi-colon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (b) (1) Section 1402(c)(1) of the Internal Revenue Code of 1954 68A Stat. 355. is amended to read as follows: “(1) the performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;”. (2) Section 1402(c)(2) of such Code is amended (A) by striking 74 Stat. 945. out “and” at the end of subparagraph (C); (B) by striking out the semicolon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;” (c) (1) The amendments made by subsections (a) and (b) of this section shall apply with respect to fees received after 1967. (2) Notwithstanding the provisions of subsections (a) and (b) of this section, any individual who in 1968 is in a position to which the amendments made by such subsections apply may make an irrevocable election not to have such amendments apply to the fees he receives in 1968 and every year thereafter, if on or before the due date of his income tax return for 1968 (including any extensions thereof) he files with the Secretary of the Treasury or his delegate, in such manner as the Secretary of the Treasury or his delegate shall by regulations prescribe, a certificate of election of exemption from such amendments. (d) Section 218 of the Social Security Act is further amended by adding the following new subsection: “(u) “Positions Compensated Solely on a Fee Basis (1) Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply prior to 1968 only if the State specifically requests that its agreement made applicable to such service in such class or classes of positions. “(2) Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. “(3) Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modification is agreed to by the Secretary and the State. “(4) If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Secretary and the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions.” Sec. 123. family employment in a private home (a) Section 210(a)(3)(B) of the Social Security Act is amended by inserting after the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (b) Section 3121(b)(3)(B) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting after 74 Stat. 942. the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter, stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (c) The amendments made by this section shall apply with respect to services performed after December 31, 1967. Sec 124. termination of coverage of employees of the massachusetts turnpike authority (a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act the Secretary may, under such conditions as 64 Stat. 516. 42 USC 418. he deems appropriate, permit the State of Massachusetts to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of the employees of the Massachusetts Turnpike Authority effective at the end of any calendar quarter within the two years next following the date on which such agreement is so modified. (b) If the coverage of employees of the Massachusetts Turnpike Authority is terminated pursuant to subsection (a), coverage cannot later be extended to the employees of such Authority. Part 3— Health Insurance Benefits Sec. 125. method of payment to physicians under supplementary medical insurance program (a) Section 1842(b)(3)(B) of the Social Security Act is 79 Stat. 310. 42 USC 1395u. amended— (1) by striking out “(i)”; and (2) by striking out “and (ii)” and all that follows and inserting in lieu thereof the following: “and such payment will be made— “(i) on the basis of an itemized bill; or “(ii) on the basis of an assignment under the terms of which the reasonable charge is the full charge for the service; but (in the case of bills submitted, or requests for payment made, after March 1968) only if the bill is submitted, or a written request for payment is made in such other form as may be permitted under regulations, no later than the close of the calendar year following the year in which such service is furnished (deeming any service furnished in the last 3 months of any calendar year to have been furnished in the succeeding calendar year) (b) The amendments made by subsection (a) shall apply with respect to claims on which a final determination has not been made on or before the date of enactment of this Act. Sec. 126. elimination of requirement of physician certification in case of certain hospital services (a) Section 1814(a) of the Social Security Act (as amended by section 129(c)(5) of this Act) is amended— (1) by striking out subparagraph (A) of paragraph (2); (2) by redesignating subparagraphs (B), (C), (D), and (E) of paragraph (2) as subparagraphs (A), (B), (C), and (D), respectively; (3) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; (4) by inserting immediately after paragraph (2) the following new paragraph: “(3) with respect to inpatient hospital services (other than inpatient psychiatric hospital services and inpatient tuberculosis hospital services) which are furnished over a period of time, a physician certifies that such services are required to be given on an inpatient basis for such individual’s medical treatment, or that inpatient diagnostic study is medically required and such services are necessary for such purpose, except that (A) such certification shall be furnished only in such cases, with such frequency, and accompanied by such supporting material, appropriate to the cases involved, as may be provided by regulations, and (B) the first such certification required in accordance with clause (A) shall be furnished no later than the 20th day of such period;”; and (5) by striking out “(D), or (E)” in the last sentence and inserting in lieu thereof “or (D)”. (b) Section 1835(a)(2)(B) of such Act is amended by inserting after “medical and other health services,” the following: “except services Post, p. 847. described in subparagraphs (B) and (C) of section 1861(s)(2),”. (c) The amendments made by this section shall apply with respect to services furnished after the date of the enactment or this Act. Sec. 127. inclusion of podiatrists’ services under supplementary medical insurance program (a) Section 1861 (r) of the Social Security Act is amended— (1) by striking out “or (2)” and inserting in lieu thereof “(2)”; and (2) by inserting before the period at the end thereof the following: “, or (3) except for the purposes of section 1814(a), section 1835, and subsections (j), (k), (m), and (o) of this section, a doctor of podiatry or surgical chiropody, but (unless clause (1) of this subsection also applies to him) only with respect to functions which he is legally authorized to perform as such by the State in which he performs them”. (b) Section 1862(a) of such Act is amended— (1) by striking out “or” at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”; and (3) by adding after paragraph (12) the following new paragraph: “(13) where such expenses are for— “(A) the treatment of flat foot conditions and the prescription of supportive devices therefor, “(B) the treatment of subluxations of the foot, or “(C) routine foot care (including the cutting or removal of corns, warts, or calluses, the trimming of nails, and other routine hygienic care).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 128. exclusion of certain services Section 1862(a)(7) of the Social Security Act is amended 79 Stat. 325. 42 USC 1395y. by inserting after “changing eyeglasses,” the following: “procedures performed (during the course of any eye examination) to determine the refractive state of the eyes,”. Sec. 129. transfer of all outpatient hospital services to supplementary medical insurance program (a) Section 1861 (s)(2) of the Social Security Act is 42 USC 1395x. amended— (1) by inserting “(A)” after “(2)”: (2) by striking out “physicians’ bills” and all that follows and inserting in lieu thereof the following: “physicians’ bills; “(B) hospital services (including drugs and biologicals which cannot, as determined in accordance with regulations, be self-administered) incident to physicians’ services rendered to out-patients; and “(C) diagnostic services which are— “(i) furnished to an individual as an outpatient by a hospital or by others under arrangements with them made by a hospital, and “(ii) ordinarily furnished by such hospital (or by others under such arrangements) to its outpatients for the purpose of diagnostic study;”. (b) Section 1861 (s) of such Act is further amended by adding at the end thereof (after and below paragraph (11)) the following new sentence: “There shall be excluded from the diagnostic services specified in paragraph (2)(C) any item or service (except services referred to in paragraph (1)) which— “(12) would not be included under subsection (b) if it were furnished to an inpatient of a hospital; or “(13) is furnished under arrangements referred to in such para graph (2)(C) unless furnished in the hospital or in other facilities operated by or under the supervision of the hospital or its organized medical staff.” (c) (1) Section 226(b)(1) of such Act is amended by striking out 79 Stat. 290. 42 USC 426. “post-hospital home health services, and outpatient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (2) Section 1812(a) of such Act is amended— 79 Stat. 291. 42 USC 1395d. (A) by adding “and” at the end of paragraph (2); (B) by striking out and” at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4). (3) Section 1813(a) of such Act is amended by striking out paragraph 42 USC 1395e. (2), and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (4) (A) Section 1813(b)(1) of such Act is amended by striking out “or diagnostic study”. (B) The first sentence of section 1813(b)(2) of such Act is amended by striking out “or diagnostic study”. (5) (A) Section 1814(a)(2) of such Act is amended— (i) by adding “or” at the end of subparagraph (D); (ii) by striking out “or” at the end of subparagraph (E); and (iii) by striking out subparagraph (F). (B) The last sentence of section 1814(a) of such Act is amended by striking out “(E), or (F)” and inserting in lieu thereof “or (E)”. (6) (A) Section 1814(d) of such Act is amended by striking out “or outpatient hospital diagnostic services”. (B) Section 1832(a)(2)(B) of such Act is amended by striking out “hospital” and inserting in lieu thereof “hospital and the services Infra. 42 USC 1395l. for which payment may be made pursuant to section 1835(b)(2)”. (7) Section 1833(b) of such Act is amended— (A) by striking out “(or regarded under clause (2) as incurred in such preceding year with respect to services furnished in such last three months)”; and (B) by striking out “, and (2)” and all that follows and inserting in lieu thereof a period. (8) Section 1833(d) of such Act is amended by striking out “other than subsection (a)(2)(A) thereof”. (9) (A) Section 1835(a) of such Act is amended by striking out “Payment” and inserting in lieu thereof “Except as provided in subsection (b), payment”. (B) Section 1835 of such Act is further amended by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) (1) Payment may also be made to any hospital for services described in section 1861 (s) furnished as an outpatient service by a hospital or by others under arrangements made by it to an individual entitled to benefits under this part even though such hospital does not have an agreement in effect under this title if (A) such services were emergency services, (B) the Secretary would be required to make such payment if the hospital had such an agreement in effect and otherwise met the conditions of payment hereunder, and (C) such hospital has made an election pursuant to section 1814(d)(1)(C) with respect to the calendar year in which such emergency services are provided. Such payments shall be made only in the amounts provided under section 1833(a)(2) and then only if Post, p. 857. such hospital agrees to comply, with respect to the emergency services provided, with the provisions of section 1866(a). “(2) Payment may also be made on the basis of an itemized bill to an individual for services described in paragraph (1) of this subsection if (A) payment cannot be made under such paragraph (1) solely because the hospital does not elect, in accordance with section 1814(d)(1)(C), to claim such payments and (B) such individual files application (submitted within such time, and in such form and manner, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. The amounts payable under this paragraph shall, subject to the provisions of section 1833, be equal to 80 percent of the hospital’s reasonable charges for such services.” (C) Section 1861(e) of such Act is amended— (i) by striking out “except for purposes of section 1814(d),” and inserting in lieu thereof “except for purposes of sections 1814(d) and 1835(b),”; and (ii) by striking out “(including determination of whether an individual received inpatient hospital services for purposes of such section)” and inserting in lieu thereof “and 1835(b)(including determination of whether an individual received inpatient hospital services or diagnostic services for purposes of such sections)”. (10) Sect ion 1861 (p) of such Act is repealed. Repeal. 79 Stat. 321. 42 USC 1395x. (11) Section 1861(y)(3) of such Act is amended by striking out “1813(a)(4)”and inserting in lieu thereof “1813(a)(3)”. (12) (A) Section 1866(a)(2)(A) of such Act is amended— 42 USC 1395cc. (i) by striking out “, (a)(2), or (a)(4)” and inserting in lieu thereof “or (a)(3)”; and (ii) by striking out “or, in the case of outpatient hospital diagnostic services, for which payment is made under part A”. (B) Section 1866(a)(2)(C) of such Act is amended by striking out “1813(a)(3)” and inserting in lieu thereof “1813(a)(2)”. (13) Section 21(a) of the Railroad Retirement Act of 1937 is 79 Stat. 340. 45 USC 228s–2. amended by striking out “post-hospital home health services, and out-patient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (d) The amendments made by this section shall apply with respect to services furnished after March 31, 1968, except that subsection (c)(5) of such section shall become effective with respect to services furnished after the date of enactment of this Act. Sec. 130. billing by hospital for services furnished to outpatients (a) Section 1835(a) of the Social Security Act (as amended by section 129(c)(9)(A) of this Act) is further amended by Ante, p. 848. striking out “Except as provided in subsection (b),” and inserting in lieu thereof “Except as provided in subsections (b) and (c),”. (b) Section 1835 of such Act (as amended by section 129(c)(9)(B) of this Act) is amended by redesignating subsection (c)(as redesignated) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) Notwithstanding the provisions of this section and sections 1832, 1833, and 1866(a)(1)(A), a hospital may, subject to such limitations 42 USC 1395k, 1395l, 1395cc. 42 USC 1395x. Ante, p. 847. as may be prescribed by regulations, collect from an individual the customary charges for services specified in section 1861 (s) and furnished to him by such hospital as an outpatient, but only if such charges for such services do not exceed $50, and such customary charges shall be regarded as expenses incurred by such individual with respect to which benefits are payable in accordance with section 1833 (a)(1). Payments under this title to hospitals which have elected to Infra. make collections from individuals in accordance with the preceding sentence shall be adjusted periodically to place the hospital in the same position it would have been had it instead been reimbursed in accordance with section 1833(a)(2).” (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 131. payment of reasonable charges for radiological or pathological services furnished by certain physicians to hospital inpatients (a) Section 1833(a)(1) of the Social Security Act is 79 Stat. 302. 42 USC 1395l. amended— (1) by striking out “except that” and inserting in lieu thereof “except that (A)”, and (2) by striking out “of subsection (b)” and inserting in lieu thereof “of subsection (b), and (B) with respect to expenses incurred for radiological or pathological services for which payment may be made under this part, furnished to an inpatient of a hospital by a physician in the field of radiology or pathology, the amounts paid shall be equal to 100 percent of the reasonable charges for such services”. (b) Section 1833(b) of such Act (as amended by section 129(c)(7) of this Act) is amended by inserting before the period at the end thereof the following: “, and (2) such total amount shall not include expenses incurred for radiological or pathological services furnished to such individual as an inpatient of a hospital by a physician in the field of radiology or pathology”. (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 132. payment for purchase of durable medical equipment (a) Section 1861(s)(6) of the Social Security Act is amended by striking out “rental or”, and by inserting before the semi-colon at the end thereof the following: “, whether furnished on a rental basis or purchased”. (b) Section 1833 of such Act is amended by adding at the end thereof the following new subsection: “(f) In the case of the purchase of durable medical equipment included under section 1861 (s)(6), by or on behalf of an individual, payment shall be made in such amounts as the Secretary determines to be equivalent to payments that would have been made under this part had such equipment been rented and over such period of time as the Secretary finds such equipment would be used for such individual’s medical treatment, except that with respect to purchases of inexpensive equipment (as determined by the Secretary) payment may be made in a lump sum if the Secretary finds that such method of payment is less costly or more practical than periodic payments.” (c) The amendments made by this section shall apply only with respect to items purchased after December 31, 1967. Sec. 133. payment for physical therapy services furnished to outpatients (a) Section 1861 (s)(2) of the Social Security Act (as amended by section 129(a)(2) of this Act) is amended by— (1) striking out “and” at the end of subparagraph (B); (2) inserting “and” at the end of subparagraph (C); and (3) adding at the end thereof the following: “(D) outpatient physical therapy services;” (b) Section 1861 of such Act is amended by inserting after subsection (o) the following new subsection (in lieu of subsection (p) repealed Ante, p. 849. by section 129(c)(10) of this Act): “(p) “Outpatient Physical Therapy Services The term ‘outpatient physical therapy services’ means physical therapy services furnished by a provider or services, a clinic, rehabilitation agency, or a public health agency, or by others under an arrangement with, and under the supervision of, such provider, clinic, rehabilitation agency, or public health agency to an individual as an outpatient— “(1) who is under the care of a physician (as defined in section 1861(r)(1)),and “(2) with respect to whom a plan prescribing the type, amount, and duration of physical therapy services that are to be fur-nished such individual has been established, and is periodically reviewed, by a physician (as so defined); excluding, however— “(3) any item or service if it would not be included under subsection (b) if furnished to an inpatient of a hospital; and “(4) any such service— “(A) if furnished by a clinic or rehabilitation agency, or by others under arrangements with such clinic or agency, unless such clinic or rehabilitation agency— “(i) provides an adequate program of physical therapy services for outpatients and has the facilities and personnel required for such program or required for the supervision of such a program, in accordance with such requirements as the Secretary may specify, “(ii) has policies, established by a group of professional personnel, including one or more physicians (associated with the clinic or rehabilitation agency) and one or more, qualified physical therapists, to govern the services (referred to in clause (i)) it provides, “(iii) maintains clinical records on all patients, “(iv) if such clinic or agency is situated in a State in which State or applicable local law provides for the licensing of institutions of this nature, (I) is licensed pursuant to such law, or (II) is approved by the agency of such State or locality responsible for licensing institutions of this nature, as meeting the standards established for such licensing; and “(v) meets such other conditions relating to the health and safety of individuals who are furnished services by such clinic or agency on an outpatient basis, as the Secretary may find necessary, or “(B) if furnished by a public health agency, unless such agency meets such other conditions relating to health and safety of individuals who are furnished services by such agency on an outpatient basis, as the Secretary may find necessary.” (c) Section 1866 of such Act is amended by adding at the end thereof 79 Stat. 327. 42 USC 1395cc. “Provider of services.” the following new subsection: “(e) For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of Supra. a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (d) Section 1832(a) of such Act is amended by— 79 Stat. 302. 42 USC 1395k. (1) deleting “and” at the end of paragraph (2)(A) thereof; (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; and (3) adding at the end thereof the following new subparagraph: “(C) outpatient physical therapy services.” (e) Section 1835(a)(2) of such Act (as amended by section 126(b) of this Act) is amended by— Ante, p. 846. (1) striking out “and” at the end of subparagraph (A); (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; (3) adding at the end thereof the following new subparagraph: “(C) in the case of outpatient physical therapy services, (i) such services are or were required because the individual needed physical therapy services on an outpatient basis, (ii) a plan for furnishing such services has been established, and is periodically reviewed, by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician.”; (4) striking out “(B) and (C) of section 1861(s)(2)” and inserting in lieu thereof “(B), (C), and (D) of section 1861(s)(2)”; and (5) adding at the end thereof the following new sentence: “For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or Ante, p. 851. agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (f) The first sentence of section 1864(a) of such Act is amended by inserting before the period the following: “, or whether a clinic, rehabilitation agency or public health agency meets the requirements of subparagraph (A) or (B), as the case may be, of section 1861(p)(4)”. (g) The amendments made by the preceding subsections of this section shall apply to services furnished after June 30, 1968. Sec. 134. payment for certain portable x-ray services (a) Section 1861 (s)(3) of the Social Security Act is amended by striking out “diagnostic X-ray tests,” and inserting in lieu thereof the following: “diagnostic X-ray tests (including tests under the supervision of a physician, furnished in a place of residence used as the patient’s home, if the performance of such tests meets such conditions relating to health and safety as the Secretary may find necessary),”. (b) The amendment made by subsection (a) shall apply with respect to services furnished after December 31, 1967. Sec. 135. blood deductibles (a) (1) Section 1813(a)(2) of the Social Security Act (as redesignated by section 129(c)(3) of this Act) is amended to read as follows: “(2) The amount payable to any provider of services under this part for services furnished an individual during any spell of illness shall be further reduced by a deduction equal to the cost of the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to him as part of such services during such spell of illness.” (b) Section 1866(a)(2)(C) of such Act (as amended by section 129(c)(12)(B) of this Act) is amended— (1) by striking out “may also charge” and inserting in lieu thereof “may in accordance with its customary practice also appropriately charge”; (2) by inserting after “whole blood” the following: “(or equivalent quantities of packed red blood cells, as defined under regulations)”; (3) by inserting after “blood” where it appears in clauses (i), (ii), and (iii) the following: “(or equivalent quantities of packed red blood cells, as so defined)”; and (4) by adding at the end thereof the following new sentence: “For purposes of clause (iii) of the preceding sentence, whole blood (or equivalent quantities of packed red blood cells, as so defined) furnished an individual shall be deemed replaced when the provider of services is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is imposed under section 1813(a)(2).” Ante, p. 852. (c) Section 1833(b) of such Act (as amended by sections 129(c)(7) Ante, pp. 848. 850. and 131 (b) of this Act) is amended by adding at the end thereof the following new sentence: “The total amount of the expenses incurred by an individual as determined under the preceding sentence shall, after the reduction specified in such sentence, be further reduced by an amount equal to the expenses incurred for the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to the individual during the calendar year, except that such deductible for such blood shall in accordance with regulations be appropriately reduced to the extent that there has been a replacement of such blood (or equivalent quantities of packed red blood cells, as so defined); and for such purposes blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual shall be deemed replaced when the institution or other person furnishing such blood (or such equivalent quantities of packed red blood cells, as so defined) is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is made under this sentence.” (d) The amendments made by this section shall apply with respect to payment for blood (or packed red blood cells) furnished an individual after December 31, 1967. Sec. 136. enrollment under supplementary medical insurance program based on alleged date of attaining age 65 (a) Section 1837(d) of the Social Security Act is amended 79 Stat. 304; 80 Stat. 105. 42 USC 1395p. by adding at the end thereof the following new sentence: “Where the Secretary finds that an individual who has attained age 65 failed to enroll under this part during his initial enrollment period (based on a determination by the Secretary of the month in which such individual attained age 65), because such individual (relying on documentary evidence) was mistaken as to his correct date of birth, the Secretary shall establish for such individual an initial enrollment period based on his attaining age 65 at the time shown in such documentary evidence (with a coverage period determined under section 1838 as though he had attained such age at that time).” (b) The amendment made by subsection (a) shall apply to individuals enrolling under part B of title XVIII in months beginning 42 USC 1395j 1395w. after the date of the enactment of this Act. Sec. 137. extension by 60 days during individual’s lifetime of maximum duration of benefits for inpatient hospital services (a) (1) Section 1812(a)(1) of the Social Security Act is 42 USC 1395d. amended by striking out “up to 90 days during any spell of illness” and inserting in lieu thereof “up to 150 days during any spell of illness minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (2) Section 1812(b)(1) of such Act is amended by striking out “for 90 days during such spell” and inserting in lieu thereof “for 150 days during such spell minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (b) The second sentence of section 1813(a)(1) of such Act is amended to read as follows: “Such amount shall be further reduced by a coinsurance amount equal to— “(A) one-fourth of the inpatient hospital deductible for each day (before the 91st day) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 60 days during such spell; and “(B) one-half of the inpatient hospital deductible for each day (before the day following the last day for which such individual is entitled under section 1812(a)(1) to have payment made on his behalf for inpatient hospital services during such spell of illness) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 90 days during such spell; except that the reduction under this sentence for any day shall not exceed the charges imposed for that day with respect to such individual for such services (and for this purpose, if the customary charges for such services are greater than the charges so imposed, such customary charges shall be considered to be the charges so imposed).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 138. limitation on special reduction in allowable days of inpatient hospital services (a) Section 1812(c) of the Social Security Act is amended by striking out “in the 90-day period immediately before such first day shall be included in determining the 90-day limit under subsection (b)(1)(but not in determining the 190-day limit under subsection (b)(3))” and inserting in lieu thereof “in the 150-day period immediately before such first day shall be included in determining the number Ante, p. 853. of days limit under subsection (b)(1) insofar as such limit applies to (1) inpatient psychiatric hospital services and inpatient tuberculosis hospital services, or (2) inpatient hospital services for an individual who is an inpatient primarily for the diagnosis or treatment of mental illness or tuberculosis (but shall not be included in determining such number of days limit insofar as it applies to other inpatient hospital services or in determining the 190-day limit under subsection (b)(3))” (b) The amendment made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Sec. 139. transitional provision on eligibility of presently uninsured individuals for hospital insurance benefits Section 103(a)(2) of the Social Security Amendments of 79 Stat. 333. 42 USC 426a. 1965 is amended by striking out “1965” in clause (B) and inserting in lieu thereof “1966”. Sec. 140. advisory council to study coverage of the disabled under title xviii of the social security act (a) The Secretary of Health, Education, and Welfare shall appoint an Advisory Council to study the need for coverage of the disabled under the health insurance program of title XVIII of the 79 Stat. 291. 42 USC 1395–1395ll. Social Security Act. (b) The Council shall be appointed by the Secretary during 1968 without regard to the provisions of title 5, United States Code, governing 80 Stat. 417. 5 USC 3301 et seq. appointments in the competitive service and shall consist of 12 persons who shall, to the extent possible, represent organizations of employers and employees in equal numbers, and represent self-employed persons and the public. (c) The Council is authorized to engage such technical assistance, including actuarial services, as may be required to carry out its functions, and the Secretary shall, in addition, make available to such Council such secretarial, clerical, and other assistance and such actuarial and other pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) Members of the Council, while serving on the business of the Compensation, travel expenses. Council (inclusive of travel time), shall receive compensation at rates fixed by the Secretary, but not exceeding $100 per day and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons 80 Stat. 499. in the Government employed intermittently. (e) The Council shall make findings on the unmet need of the disabled for health insurance, on the costs involved in providing the disabled with insurance protection to cover the cost of hospital and medical services, and on the ways of financing this insurance. The Council shall submit a report of its findings to the Secretary not later than January 1, 1969, together with recommendations on how such protection should be financed and, if such financing is to be accomplished through the trust funds established under title XVIII of the Social Security Act, on the extent to which each of such trust funds 79 Stat. 291. 42 USC 1395–1395ll. Report to Congress. 42 USC 1395i, 1395t. Expiration date. should bear the cost of such financing. Such report shall thereupon be transmitted to the Congress and to the Boards of Trustees created by sections 1817(b) and 1841(b) of the Social Security Act. After the date of transmittal to the Congress of the report, the Council shall cease to exist. Sec. 141. study to determine feasibility of inclusion of certain additional services under part b of title xviii of the social security act The Secretary shall make a study relating to the inclusion under the supplementary medical insurance program (part B of title XVIII of the Social Security Act) of services of additional types of 42 USC 1395j–1395w. Report to Congress. licensed practitioners performing health services in independent practice. The Secretary shall make a report to the Congress prior to January 1, 1969, of his finding with respect to the need for covering, under the supplementary medical insurance program, any of the various types of services such practitioners perform and the costs to such program of covering such additional services, and shall make recommendations as to the priority and method for covering these services and the measures that should be adopted to protect the health and safety of the individuals to whom such services would be furnished. Sec. 142. provisions for benefits under part a of title xviii of the social security act for services to patients admitted prior to 1968 to certain hospitals (a) Notwithstanding any provision of title XVIII of the Social Security Act, an individual who is entitled to hospital insurance benefits under section 226 of such Act may, subject to subsections (b) 79 Stat. 290. 42 USC 426. and (c), receive, on the basis of an itemized bill, reimbursement for charges to him for inpatient hospital services (as defined in section 79 Stat. 313. 42 USC 1395x. 1861 of such Act. but without regard to subsection (e) of such section) furnished by, or under arrangements (as defined in section 1861 (w) of such Act) with, a hospital if— (1) the hospital did not have an agreement in effect under section 1866 of such Act but would have been eligible for payment under part A of title XVIII of such Act with respect to such services if at the time such services were furnished the hospital had such an agreement in effect; (2) the hospital (A) meets the requirements of paragraphs (5) and (7) of section 1861(e) of such Act (B) is not primarily engaged in providing the services described in section 1861 (j)(1)(A) of such Act, and (C) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861(r) of such Act, to inpatients (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (3) the hospital did not meet the requirements that must be met to permit payment to the hospital under part A of title XVIII of such Act; and (4) an application is filed (submitted in such form and manner and by such person, and containing and supported by such information, as the Secretary shall by regulations prescribe) for reimbursement before January 1, 1969. (b) Payments under this section may not be made for inpatient hospital services (as described in subsection (a)) furnished to an individual— (1) prior to July 1, 1966, (2) after December 31, 1967, unless furnished with respect to an admission to the hospital prior to January 1, 1968, and (3) for more than— (A) 90 days in any spell of illness but only if (i) prior to January 1, 1969, the hospital furnishing such services entered into an agreement under section 1866 of the Social Security Act and (ii) the hospital’s plan for utilization review, as provided for in section 1861 (k) of such Act, has, in accordance 42 USC 1395f. with section 1814 of such Act, been applied to the services furnished such individual, or (B) 20 days in any spell of illness, if the hospital did not meet the conditions of clauses (i) and (ii) of subparagraph (A). (c) (1) The amounts payable in accordance with subsection (a) with respect to inpatient hospital services shall, subject to paragraph (2) of this subsection, be paid from the Federal Hospital Insurance Trust Fund in amounts equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semi-private accommodations (as defined in section 1861 (v)(4) of the Social Security Act) whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been made if the patient had occupied “Routine services.” semi-private accommodations (as so defined). For purposes of the preceding provisions of this paragraph, the term “routine services” shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and facilities for which a separate charge is not customarily made; the term “ancillary “Ancillary services.” services” shall mean those special services for which charges are customarily made in addition to routine services. (2) Before applying paragraph (1), payments made under this section shall be reduced to the extent provided for under section 1813 of the Social Security Act in the case of benefits payable to providers 79 Stat. 292. 42 USC 1395e. 42 USC 1395c–1395i. of services under part A of title XVIII of such Act. (d) For the purposes of this section— (1) the 90-day period, referred to in subsection (b)(3)(A), shall be reduced by the number of days of inpatient hospital services furnished to such individual during the spell of illness, referred to therein, and with respect to which he was entitled to have payment made under part A of title XVIII of the Social Security Act; (2) the 20-day period, referred to in subsection (b)(3)(B) shall be reduced by the number of days in excess of 70 days of inpatient hospital services furnished during the spell of illness, referred to therein, and with respect to which such individual was entitled to have payment made under such part A; (3) the term “spell of illness” shall have the meaning assigned “Spell of illness;” “Inpatient hospital services.” 42 USC 1395x. to it by subsection (a) of section 1861 of such Act except that the term “inpatient hospital services” as it appears in such subsection shall have the meaning assigned to it by subsection (a) of this section. Sec. 143. payments for emergency hospital services (a) The second sentence following paragraph (8) of section 1861(e) of the Social Security Act is amended by striking out “which meets the requirement of paragraphs (1), (2), (3), (4), (5) and (7) of this subsection” and inserting in lieu thereof “which (i) meets the requirements of paragraphs (5) and (7) of this subsection, (ii) is not primarily engaged in providing the services described in section 1861(j)(1)(A) and (iii) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861 (r), to inpatients diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.” (b) That portion of section 1812(a) of such Act that precedes paragraph (1) thereof is amended by inserting “or, in the case of payments 42 USC 1395d. Post, p. 858. 79 Stat. 296. 42 USC 1395f. referred to in section 1814(d)(2) to him” after “on his behalf”. (c) Section 1814(d) of such Act is amended by— (1) striking out “Payments” and inserting in lieu thereof “(1) Payments”; (2) deleting “furnished” and inserting “furnished in a calendar year”; (3) deleting “and” at the end of clause (A) and inserting a comma in lieu thereof; (4) inserting before the period at the end of the first sentence the following: “, and (C) such hospital has elected to claim payments for all such inpatient emergency services and for the emergency outpatient services referred to in section 1835(b) furnished Ante, p. 848. during such year”: and (5) adding at the end of such section 1814(d) the following new paragraphs: “(2) Payment may be made on the basis of an itemized bill to an individual entitled to hospital insurance benefits under section 226 for services described in paragraph (1) which are emergency services if (A) payment cannot be made under paragraph (1) solely because the hospital does not elect to claim such payment, and (B) such individual files application (submitted within such time and in such form and manner and by such person, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. “(3) The amounts payable under the preceding paragraph with respect to services described therein shall, subject to the provisions of 42 USC 1395e. section 1813, be equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semiprivate accommodations (as defined in section 42 USC 1395x. 1861(v)(4)), whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been “Routine services.” made if the patient had occupied semiprivate accommodations. For purposes of the preceding provisions of this paragraph, the term ‘routine services’ shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and “Ancillary services.” facilities for which a separate charge is not customarily made; the term ‘ancillary services’ shall mean those special services for which charges are customarily made in addition to routine services.” (d) The provisions made by subsection (a) of this section shall become effective as of July 1, 1966, and the provisions made by subsections (b) and (c) of this section shall apply to services furnished with respect to admissions occurring after December 31, 1967, and to out-patient hospital diagnostic services furnished after December 31, 1967, and before April 1, 1968. Sec. 144. payment under supplementary medical insurance program for certain inpatient ancillary services (a) So much of section 1861 (s) of the Social Security Act which precedes paragraph (1) is amended by striking out “(unless they would otherwise constitute inpatient hospital services, extended care services, or home health services)”. (b) The sentence immediately following paragraph (9) of section 1861(s) of such Act is amended by inserting after “hospital” the following: “(which, for purposes of this sentence, means an institution considered a hospital for purposes of section 1814(d))”. (c) Section 1861 (s) of such Act is amended by adding at the end thereof (after and below paragraph (13) as added to such section by section 129(b) of this Act) the following new sentence: “None of the items and services referred to in the preceding paragraphs (other than Ante, p. 847. paragraphs (1) and (2)(A)) of this subsection which are furnished to a patient of an institution which meets the definition of a hospital 42 USC 1395f. for purposes of section 1814(d) shall be included unless such other conditions are met as the Secretary may find necessary relating to health and safety of individuals with respect to whom such items and services are furnished.” (d) Section 1861(s)(6) of such Act is amended by striking out “as his home” and inserting in lieu thereof “as his home other than an institution that meets the requirements of subsection (e)(1) or (j)(1) of this section”. (e) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 145. general enrollment period under title xviii (a) Section 1837(b)(1) of the Social Security Act is 79 Stat. 304. 42 USC 1395p. amended to read as follows: “(1) No individual may enroll for the first time under this part unless he does so in a general enrollment period (as provided in subsection (e)) which begins within 3 years after the close of the first enrollment period during which he could have enrolled under this part.” (b) Section 1837(e) of such Act is amended to read as follows: “(e) There shall be a general enrollment period, after the period described in subsection (c), during the period beginning on January 1 and ending on March 31 of each year beginning with 1969.” (c) Section 1838(b) of such Act is amended by— 42 USC 1395q. (1) striking out in paragraph (1) the following: “, during a general enrollment period described in section 1837(e),”; and (2) striking out “December 31 of the year” and inserting in lieu thereof “the calendar quarter following the calendar quarter”. (d) Section 1839(b)(2) of such Act is amended to read as follows: 42 USC 1395r. “(2) The Secretary shall, during December 1968 and of each year thereafter, determine and promulgate the dollar amount (whether or not such dollar amount was applicable for premiums for any prior month) which shall be applicable for premiums for months occurring in the 12-month period commencing July 1 in each succeeding year. Such dollar amount shall be such amount as the Secretary estimates to be necessary so that the aggregate premiums for such 12-month period will equal one-half of the total of the benefits and administrative costs which he estimates will be payable from the Federal Supplementary Medical Insurance Trust Fund for such 12-month period. In estimating aggregate benefits payable for any period, the Secretary shall include an appropriate amount for a contingency margin. Whenever the Secretary, pursuant to the preceding sentence, promulgates the dollar amount which shall be applicable for premiums for any period, he shall, at the time such promulgation is announced, issue a public statement setting forth the actuarial assumptions and bases employed by him in arriving at the amount of premiums so promulgated.” (e) The amendments made by subsections (a), (b), and (c) shall become effective April 1, 1968. Notwithstanding the provisions of section 2 of Public Law 90–97, the amendments made by subsection (d) Ante, p. 249. shall become effective December 1, 1968. Sec. 146. elimination of special reduction in allowable days of inpatient hospital services for patients in tuberculosis hospitals (a) Section 1812(c) of the Social Security Act (as amended by section 138 of this Act) is further amended— Ante, p. 854. (1) by striking out “a psychiatric hospital or a tuberculosis hospital” and inserting in lieu thereof “a psychiatric hospital”, (2) by striking out “and inpatient tuberculosis hospital services”. and (3) by striking out “or tuberculosis”. (b) The amendments made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Part 4— Miscellaneous and Technical Amendments Sec. 150. eligibility of adopted child for monthly benefits (a) The second sentence of section 216(e) of the Social 72 Stat. 1028. 42 USC 416. Security Act is amended by striking out “before the end of two years after the day on which such individual died or the date of enactment of this Act” and inserting in lieu thereof “only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died or (ii) the date of enactment of the 42 USC 302 note. Social Security Amendments of 1958”. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security 42 USC 401–428; Ante, p. 833. Act for months after January 1968, but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 151. criteria for determining child’s dependency on mother (a) Section 202(d)(3) of the Social Security Act is amended— (1) by inserting “or his mother or adopting mother” after “his father or adopting father” in the first sentence; and (2) by striking out “, if such individual is the child’s father,” in the second sentence. (b) Section 202(d)(4) of such Act is amended by inserting “or stepmother” after “stepfather” each place it appears. (c) Section 202(d) of such Act is further amended by striking out paragraph (5), and by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (d) (1) The paragraph of section 202(d) of such Act redesignated as paragraph (9) by subsection (c) of this section is amended by striking out “under paragraph (9)” and inserting in lieu thereof “under paragraph (8)”. (2) Paragraphs (2) and (3) of section 202(s) of such Act are each amended by striking out “(d)(6),” and inserting in lieu thereof “(d)(5),”. (3) Section (5)(1)(1) of the Railroad Retirement Act of 1937 is amended— (A) by striking out “(3), (4), or (5)” in the third sentence and inserting in lieu thereof “(3) or (4)”; and (B) by striking out “paragraph (8)” in the ninth sentence and inserting in lieu thereof “paragraph (7)”. (e) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act 50 Stat. 307. 45 USC 228a–228s–2. (and annuities accruing under the Railroad Retirement Act of 1937) for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 152. recovery of overpayments (a) Section 204(a) of the Social Security Act is amended to read as follows: “(a) Whenever the Secretary finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, under regulations prescribed by the Secretary, as follows: “(1) With respect to payment to a person of more than the correct amount, the Secretary shall decrease any payment under this title to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this title payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall apply any combination of the foregoing. “(2) With respect to payment to a person of less than the correct amount, the Secretary shall make payment of the balance of the amount due such underpaid person, or, if such person dies before payments are completed or before negotiating one or more checks representing correct payments, disposition of the amount due shall be made in accordance with subsection (d).” (b) Section 204(b) of such Act is amended to read as follows: 53 Stat. 1368. 42 USC 404. “(b) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience.” Sec. 153. benefits paid on basis of erroneous retorts of death in military service (a) Section 204(a)(1) of the Social Security Act (as amended by section 152 of this Act) is further amended by adding at Ante, p. 860. the end the following sentence: “A payment made under this title on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in section 210(m)) on active duty (as defined in section 210(1)) shall not be considered an incorrect payment 42 USC 410. for any month prior to the month such Department notifies the Secretary that such individual is alive.” (b) The amendment made by this section shall apply with respect to benefits under title II of the Social Security Act if the individual 42 USC 401–428; Ante, p. 833. to whom such benefits were paid would have been entitled to such benefits in or after the month in which this Act was enacted if the report mentioned in the amendment made by subsection (a) of this section had been correct (but without regard to the provisions of section 202 (j)(1) of such Act). 42 USC 402. Sec. 154. underpayments (a) Section 204(d) of the Social Security Act is amended 79 Stat. 401. 42 USC 404. to read as follows: “(d) If an individual dies before any payment due him under this title is completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who either (i) was living in the same household with the deceased at the time of his death or (ii) was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(2) if there is no person who meets the requirements of paragraph (1), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representative of the estate of the deceased individual, if any.” (b) The heading of section 1870 of such Act is amended by adding at the end thereof “AND SETTLEMENT OF CLAIMS FOR BENEFITS ON BEHALF OF DECEASED INDIVIDUALS”. (c) Section 1870 of such Act is amended by adding after subsection (d) the following new subsections: “(e) If an individual, who received services for which payment may be made to such individual under this title, dies, and payment for such services was made (other than under this title), and the individual died before any payment due him under this title with respect to such services was completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) if the payment for such services was made (before or after such individual’s death) by a person other than the deceased individual, to the person or persons determined by the Secretary under regulations to have paid for such services, or if the payment for such services was made by the deceased individual before his death, to the legal representative of the estate of such deceased individual, if any; “(2) if there is no person who meets the requirements of paragraph (1). to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who was either living in the same household with the deceased at the time of his death or was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(8) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representatives of the estate of the deceased individual, if any. “(f) If an individual who received medical and other health services for which payment may be made under section 1832(a)(1) dies, 79 Stat. 302. 42 USC 1395k. and— “(1) no assignment of the right to payments was made by such individual before his death, and “(2) payment for such services has not been made, payment for such services shall be made to the physician or other person who provided such services, but payment shall be made under this subsection only in such amount and subject to such conditions as would have been applicable if the individual who received the services had not died, and only if the person or persons who provided the services agrees that the reasonable charge is the full charge for the services.” (d) Section 1842(b)(3)(B) of such Act (as amended by section 125(a) of this Act) is amended by striking out “and such payment will be made” and inserting in lieu thereof “and such payment Ante, p. 845. will (except as otherwise provided in section 1870(f)) be made”. Sec. 155. simplification of computation of primary insurance amount and quarters of coverage in case of 1937–1950 wages (a) (1) Section 215(d)(1) of the Social Security Act is amended to read as follows: “(d) “Primary Insurance Benefit Under 1939 Act (1) For purposes of column I of the table appearing in subsection (a) of this section, an individual’s primary insurance benefit shall be computed as follows: “(A) The individual’s average monthly wage shall be determined as provided in subsection (b)(but without regard to paragraph (4) thereof) of this section, except that for purposes of paragraph (2)(C) and (3) of such subsection, 1936 shall be used instead of 1950. “(B) For purposes of subparagraphs (B) and (C) of subsection (b)(2), an individual whose total wages prior to 1951 (as defined in subparagraph (C) of this subsection)— “(i) do not exceed $27,000 shall be deemed to have been paid such wages in equal parts in nine calendar years after 1936 and prior to 1951; “(ii) exceed $27,000 and are less than $42,000 shall be deemed to have been paid (I) $3,000 in each of such number of calendar years after 1936 and prior to 1951 as is equal to the integer derived by dividing such total wages by $3,000, and (II) the excess of such total wages over the product of $3,000 times such integer, in an additional calendar year in such period; or “(iii) are at least $42,000 shall be deemed to have been paid $3,000 in each of the fourteen calendar years after 1936 and prior to 1951. “(C) For the purposes of subparagraph (B), ‘total wages prior to 1951’ with respect to an individual means the sum of (i) remuneration credited to such individual prior to 1951 on the records of the Secretary, (ii) wages deemed paid prior to 1951 to such individual under section 217, and (iii) compensation under 42 USC 417. 50 Stat. 307. 45 USC 228a–228s–2. the Railroad Retirement Act of 1937 prior to 1951 creditable to him pursuant to this title. “(D) The individual’s primary insurance benefit shall be 45.6 per centum of the first $50 of his average monthly wage as computed under this subsection, plus 11.4 per centum of the next $200 of such average monthly wage.” (2) Section 215(d)(2) of such Act is amended to read as follows: “(2) The provisions of this subsection shall be applicable only in the case of an individual— “(A) with respect to whom at least one of the quarters elapsing prior to 1951 is a quarter of coverage; “(B) except as provided in paragraph (3), who attained age 22 after 1950 and with respect to whom less than six of the quarters elapsing after 1950 are quarters of coverage, or who attained such age before 1951; and “(C) (i) who becomes entitled to benefits under section 202(a) or 223 after the date of the enactment of the Social Security Amendments of 1967, or “(ii) who dies after such date without being entitled to benefits under section 202(a) or 223, or “(iii) whose primary insurance amount is required to be re-computed Post, p. 865 under section 215(f)(2).” (3) Section 215(d)(3) of such Act is amended to read as follows: 74 Stat. 962. 42 USC 415. “(3) The provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1967 shall be applicable in the case of an individual— “(A) who attained age 21 after 1936 and prior to 1951, or “(B) who had a period of disability which began prior to 1951, but only if the primary insurance amount resulting therefrom is higher than the primary insurance amount resulting from the application of this section (as amended by the Social Security Amendments of 1967) and section 220.”. 42 USC 420. (4) So much of section 215(f)(2) of such Act as precedes subparagraph (E) is amended to read as follows: 79 Stat. 365. “(2) If an individual has wages or self-employment income for a year after 1965 for any part of which he is entitled to old-age insurance benefits, the Secretary shall, at such time or times and within such period as he may by regulations prescribe, recompute such individual’s primary insurance amount with respect to each such year. Such recomputation shall be made as provided in subsection (a)(1) and (3) as though the year with respect to which such recomputation is made is the last year of the period specified in subsection (b)(2)(C). A recomputation under this paragraph with respect to any year shall be effective—” (5) Subparagraphs (E) and (F) of such section 215(f)(2) are redesignated as subparagraphs (A) and (B), respectively. (6) Section 215(f) of such Act is further amended by adding at the 64 Stat. 509; 79 Stat. 365. end thereof the following new paragraph: “(5) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall recompute his primary insurance amount as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b)(2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. Such recomputation of such primary insurance amount shall be effective for and after the month in which he died.” (7) (A) The amendments made by paragraphs (4) and (5) shall apply with respect to recomputations made under section 215(f)(2) of the Social Security Act after the date of the enactment of this Act. (B) The amendment made by paragraph (6) shall apply with respect to individuals who die after the date of enactment of this Act. (8) In any case in which— (A) any person became entitled to a monthly benefit under section 202 or 223 of the Social Security Act after the date of 42 USC 402, 423. enactment of this Act and before February 1968, and (B) the primary insurance amount on which the amount of such benefit is based was determined by applying section 215(d) of the Social Security Act as amended by this Act, Ante, p. 864. such primary insurance amount shall, for purposes of section 215(c) Ante, p. 827. f the Social Security Act. as amended by this Act, be deemed to have been computed on the basis of the Social Security Act in effect prior to the enactment of this Act. (9) The amendment made by paragraphs (1) and (2) shall not apply with respect to monthly benefits for any month prior to January 1967. (b) (1) Section 213 of the Social Security Act is amended by adding 64 Stat. 504. 42 USC 413. at the end thereof the following new subsection: “(c) “Alternative Method for Determining Quarters of Coverage With Respect to Wages in the Period from 1937 to 1950 For purposes of section 214(a), an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior Ante, p. 864. to 1951 (as defined in section 215(d)(1)(C)), except where— “(1) such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment income credited to him for periods after 1950, or “(2) such individual’s elapsed years (for purposes of section 214(a)(1)) are less than 7.” (2) The amendment made by paragraph (1) shall apply only in the case of an individual who applies for benefits under section 202(a) of the Social Security Act after the date of the enactment of this Act, or who dies after such date without being entitled to benefits under 42 USC 402, 423. 74 Stat. 964; 79 Stat. 366. 42 USC 415 note. section 202(a) or 223 of the Social Security Act. (c) Section 303(g)(1) of the Social Security Amendments of 1960 is amended— (1) by striking out “section 302 of” and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1965 and 1967” in the first sentence; and (2) by striking out “after 1965, or dies after 1965” and inserting in lieu thereof “after the date of the enactment of the Social Security Amendments of 1967, or dies after such date”, and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1967”, in the second sentence. Sec. 156. definitions of widow, widower, and stepchild (a) Section 216 (c) of the Social Security Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (b) The first sentence of section 216 (e) of such Act is amended by striking out “the day on which such individual died” and inserting in lieu thereof “not less than nine months immediately preceding the day on which such individual died”. (c) Section 216 (g) of such Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (d) Section 216 of such Act is further amended by adding at the end thereof the following new subsection: “(k) “Waiver of Nine-Month Requirement for Widow, Stepchild, or Widower in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty The requirement in clause (5) of subsection (c) or clause (5) of subsection (g) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if his death— “(1) is accidental, or “(2) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period; except that this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1) of the preceding sentence, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Ante, p. 833. months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 157. husband’s and widower’s insurance benefits without requirement of wife’s currently insured status (a) (1) Section 202(c)(1) of the Social Security Act 64 Stat. 483. 42 USC 402. is amended by striking out “a currently insured individual (as defined in section 214(b))” in the matter preceding subparagraph (A) and inserting in lieu thereof “an individual”. (2) Section 202(c)(2) of such Act is amended by striking out 72 Stat. 1026. “The requirement in paragraph (1) that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (C) of paragraph (1)”. (b) (1) Section 202(f)(1) of such Act is amended— 64 Stat. 485. (A) by striking out “and currently” in the matter preceding subparagraph (A),and (B) by striking out “, and she was a currently insured individual,” in subparagraph (D)(ii). 72 Stat. 1023. (2) Section 202(f)(2) of such Act is amended by striking out “The requirement in paragraph (1) that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (D) of paragraph (1)”. (c) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act or any widower who would not be entitled to widower’s insurance benefits under section 202(f) of such Act except for the enactment of this section, the requirement in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month following the month in which this Act is enacted. (d) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 158. definition of disability (a) Section 223(c) of the Social Security Act is 70 Stat. 815. 42 USC 423. amended— (1) by inserting “of Insured Status and Waiting Period” after “Definitions” in the heading; (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Section 223 of such Act is further amended by adding at the end thereof the following new subsection: “(d) “Definition of Disability (1) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has tasted or can be expected to last for a continuous period of not less than 12 months; or “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined 42 USC 416. in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. “(2) For purposes of paragraph (1)(A)— “(A) an individual (except a widow, surviving divorced wife, or widower for purposes of section 202 (e) or (f)) shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. “(B) A widow, surviving divorced wife, or widower shall not be determined to be under a disability (for purposes of section 202 (e) or (f)) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity. “(3) For purposes of this subsection, a ‘physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. “(4) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 222(c), be found not to be disabled. “(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require.” (c) (1) Section 202(d)(1)(B) of such Act is amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (2) Paragraphs (1), (2), and (3) of section 202(s) of such Act are each amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (3) Section 221(a) of such Act is amended by striking out “or 70 Stat. 818. 42 USC 421. 223(c)” and inserting in lieu thereof “or 223(d)”. (4) Section 221(c) of such Act is amended by striking out “or 223(c)” and inserting in lieu thereof “or 223(d)”. (5) Section 222(c)(4)(B) of such Act is amended by striking out 74 Stat. 968. 42 USC 422. “section 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (6) Section 223(a)(1)(D) of such Act is amended by striking out 70 Stat. 815. 42 USC 423. “subsection (c)(2)” and inserting in lieu thereof “subsection (d)”. (7) The first sentence of section 223(a)(1) of such Act is further amended by striking out “subsection (c)(3)” and inserting in lieu thereof “subsection (c)(2)”. (8) The last sentence of section 223(a)(1) is amended by striking 79 Stat. 413. 42 USC 423. out “subsection (c)(2) except for subparagraph (B) thereof” and inserting in lieu thereof “subsection (d) except for paragraph (1)(B) thereof”. (9) Section 225 of such Act is amended by striking out “section 70 Stat. 817. 42 USC 425. 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (d) Section 216(i)(1) of such Act is amended by striking out the 68 Stat. 1080. 42 USC 416. third sentence and inserting in lieu thereof the following: “The provisions of paragraphs (2)(A), (3), (4), and (5) of section 223(d) shall Ante, p. 868. be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section.” (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under section 216(i) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if the applicant has not died before such month and if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such month) 53 Stat. 1370. 42 USC 405. and the decision in such civil action has not become final before such month. Sec. 159. disability benefits affected by receipt of workmen’s compensation (a) (1) The last sentence of section 224(a) of the Social Security Act is amended by inserting after “his wages and self-employment 79 Stat. 406. 42 USC 424a. income” where it first appears in clause (B) the following: “(computed without regard to the limitations specified in sections 209(a) and 211(b)(1))”. 42 USC 409, 411. (2) Section 224(a) of such Act is further amended by adding at the end thereof the following: “In any case where an individual’s wages and self-employment income reported to the Secretary for a calendar year reach the limitations specified in sections 209(a) and 211(b)(1), the Secretary under regulations shall estimate the total of such wages and self-employment income for purposes of clause (B) of the preceding sentence on the basis of such information as may be available to him indicating the extent (if any) by which such wages and self-employment income exceed such limitations.” (b) (1) The amendments made by subsection (a) shall apply only with respect to monthly benefits under title II of the Social Security Act for months after January 1968. 42 USC 401–428; Ante, p. 833. (2) For purposes of any redetermination which is made under section 224(f) of the Social Security Act in the case of benefits subject to reduction under section 224 of such Act, where such reduction as first computed was effective with respect to benefits for the month in which this Act is enacted or a prior month, the amendments made by subsection (a) of this section shall also be deemed to have applied in the initial determination of the “average current earnings” of the individual whose wages and self-employment income are involved. Sec. 160. extension of time for filing reports of earnings (a) Section 203(h)(1)(A) of the Social Security Act is amended by adding at the end thereof the following new sentence: “The Secretary may grant a reasonable extension of time for making the report of earnings required in this paragraph if he finds that there is valid reason for a delay, but in no case may the period be extended more than three months.” (b) Section 203(h)(2) of such Act is amended by striking out “within the time prescribed therein” and inserting in lieu thereof “within the time prescribed by or in accordance with such paragraph” Sec. 161. penalties for failure to file timely reports of earnings and other events (a) Section 203(h)(2)(A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that if the deduction imposed under subsection (b) by reason of his earnings for such year is less than the amount of his benefit (or benefits) for the last month of such year for which he was 42 USC 402. entitled to a benefit under section 202, the additional deduction shall be equal to the amount of the deduction imposed under subsection (b) but not less than $10”. (b) Section 203(g) of such Act is amended by striking out all that follows “shall suffer” and inserting in lieu thereof the following: “deductions in addition to those imposed under subsection (c) as follows: “(1) if such failure is the first one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than one month; “(2) if such failure is the second one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to two times his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than two months; and “(3) if such failure is the third or a subsequent one for which an additional deduction is imposed under this subsection, such additional deduction shall be equal to three times his benefit or benefits for the first month of the period for which there is a failure to report even though the failure to report is with respect to more than three months; except that the number of additional deductions required by this subsection shall not exceed the number of months in the period for which there is a failure to report. As used in this subsection, the term ‘period for which “Period for which there is a failure to report.” there is a failure to report’ with respect to any individual means the period for which such individual received and accepted 42 USC 402. insurance benefits under section 202 without making a timely report and for which deductions are required under subsection (c).” (c) The amendments made by this section shall apply with respect to any deductions imposed on or after the date of the enactment of this Act under subsections (g) and (h) of section 203 of the Social Security Act. on account of failure to make a report required thereby. 42 USC 403. Sec. 162. limitation on payment of benefits to aliens outside the united states (a) (1) Section 202(t)(1) of the Social Security Act is 70 Stat. 835. 42 USC 402. amended by adding at the end thereof (after and below subparagraph (B)) the following new sentence: “For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.” (2) The amendment made by paragraph (1) shall apply only with respect to six-month periods (within the meaning of section 202(t)(1)(A) of the Social Security Act) which begin after the date of the enactment of this Act. (b) (1) Section 202(t)(4) of such Act is amended— 70 Stat. 835; 72 Stat. 1783. (A) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof (after and below subparagraph (E)) the following: “except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any individual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are subject to suspension under paragraph (1)) payments to individuals residing in such country were withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” 54 Stat. 1086; 56 Stat. 1028. (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401–428; Ante. p. 833. for months beginning after June 30, 1968. (c) (1) Section 202(t) of such Act is further amended by adding 70 Stat. 835; 79 Stat. 334. at the end thereof the following new paragraph: “(10) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if payments for such month to individuals residing in such country are withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” (2) Section 202(t)(6) of such Act is amended by striking out “by reason of paragraph (1)” and inserting in lieu thereof “by reason of paragraph (1) or (10)”. (3) Whenever benefits which an individual who is not a citizen or national of the United States was entitled to receive under title II of the Social Security Act are. on June 30, 1968, being withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123), any such benefits, payable to such individual for months after the month in which the determination by the Treasury Department that the benefits should be so withheld was made, shall not be paid— (A) to any person other than such individual, or, if such individual dies before such benefits can be paid, to any person other than an individual who was entitled for the month in which the deceased individual died (with the application of section 202(j)(1) of the Social Security Act) to a monthly benefit under title 42 USC 401–428; Ante, p. 833. II of such Act on the basis of the same wages and self-employment income as such deceased individual, or (B) in excess of the equivalent of the last twelve months’ benefits that would have been payable to such individual. Sec. 163. benefit’s for certain children (a) (1) The last sentence of section 203(a) of the 72 Stat. 1017. 42 USC 403. Social Security Act is amended to read as follows: “Whenever a reduction is made under this subsection in the total of monthly benefits to which individuals are entitled for any month on the basis of the wages and self-employment income of an insured individual, each such benefit other than the old-age or disability insurance benefit shall be proportionately decreased: except that if such total of benefits for such month 42 USC 402. 42 USC 416. includes any benefit or benefits under section 202(d) which are payable solely by reason of section 216(h)(3), the reduction shall be first applied to reduce (proportionately where there is more than one benefit so payable) the benefits so payable (but not below zero).” (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits payable under title II of the Social Security Act with respect to individuals who become entitled to benefits under section 202(d) of such Act solely by reason of section 216(h)(3) of such Act in or after January 1968 (but without regard to section 202(j)(1) of such Act). The provisions of section 170 of this Act shall not apply with respect to any such individual. (b) Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on the basis of the wages and self-employment income of an individual, and (2) one or more persons became entitled to monthly benefits before January 1968 under section 202(d) of such Act by reason of section 216(h)(3) of such Act (but without regard to section 202(j)(1)), on the basis of such wages and self-employment income and are so entitled for January 1968, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 of such Act on the basis of such wages and self-employment for January 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) above (but not including persons referred to in paragraph (2) above) is entitled for months after January 1968 shall be increased, after the application of such section 203 (a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph (2). Sec. 164. transfer to health insurance benefits advisory council of national medical review committee functions; increase in council’s membership (a) Section 1867 of the Social Security Act is amended to 79 Stat. 329. 42 USC 1395dd. read as follows: “Sec. 1867. “health insurance benefits advisory council (a) There is hereby created a Health Insurance Benefits Membership. Advisory Council which shall consist of 19 persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments 80 Stat. 417. 5 USC 3301 et seq. in the competitive service. The Secretary shall from time to time appoint one of the members to serve as Chairman. The members shall include persons who are outstanding in fields related to hospital, medical, and other health activities, persons who are representative of organizations and associations of professional personnel in the field of medicine, and at least one person who is representative of the general public. Each member shall hold office for a term of 4 years, Term of office. except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. A member shall not be eligible to serve continuously for more than 2 terms. The Secretary may, at the request of the Advisory Council or otherwise, appoint such special advisory professional or technical committees as may be useful in carrying out this title. Members of the Advisory Council and members Compensation, travel expenses. of any such advisory or technical committee, while attending meetings or conferences thereof or otherwise serving on business of the Advisory Council or of such committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government 80 Stat. 499. service employed intermittently. The Advisory Council shall meet as frequently as the Secretary deems necessary. Upon request of 5 or more members, it shall be the duty of the Secretary to call a meeting of the Advisory Council. “(b) It shall be the function of the Advisory Council (1) to advise Duties. the Secretary on matters of general policy in the administration of this title and in the formulation of regulations under this title, and (2) to study the utilization of hospital and other medical care and services for which payment may be made under this title with a view to recommending any changes which may seem desirable in the way in which such care and services are utilized or in the administration of the programs established by this title, or in the provisions of this title. The Report to Congress. Advisory Council shall make an annual report to the Secretary on the performance of its functions, including any recommendations it may have with respect thereto, and such report shall be transmitted promptly by the Secretary to the Congress. “(c) The Advisory Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Advisory Council such secretarial, clerical, and other assistance and such pertinent data obtained and prepared by the Department of Health, Education, and Welfare as the Advisory Council may require to carry out its functions.” (b) The amendment made by subsection (a) shall not be construed as affecting the terms of office of the members of the Health Insurance Benefits Advisory Council in office on the date of the enactment of this Act or their successors. The terms of office of the three additional members of the Health Insurance Benefits Advisory Council first appointed pursuant to the increase in the membership of such Council provided by such amendment shall expire, as designated by the Secretary at the time of appointment, one at the end of the first year, one at the end of the second year, and one at the end of the third year after the date of appointment. (c) Section 1868 of the Social Security Act is repealed. Sec. 165. advisory council on social security (a) (1) Section 706(a) of the Social Security Act is amended by striking out “During 1968 and every fifth year thereafter” and inserting in lieu thereof “During 1969 (but not before February 1, 1969) and every fourth year thereafter (but not before February 1 of such fourth year)”. (2) Section 706(d) such Act is amended by striking out “reports of its” and inserting in lieu thereof “reports (including any interim reports such Council may have issued) of its”. (b) Section 706(b) of such Act is amended by striking out “shall consist of the Commissioner of Social Security, as Chairman, and 12 other persons, appointed by the Secretary” and inserting in lieu thereof “shall consist of a Chairman and 12 other persons, appointed by the Secretary”. Sec. 166. reimbursement of civil service retirement annuitants for certain premium payments under supplementary medical insurance program Section 1840(e)(1) of the Social Security Act is amended by adding at the end thereof the following new sentence: “A plan 80 Stat. 602. described in section 8903 of title 5, United States Code, may reimburse each annuitant enrolled in such plan an amount equal to the premiums paid by him under this part if such reimbursement is paid entirely from funds of such plan which are derived from sources other than the contributions described in section 8906 of such title.” Sec. 167. appropriations to supplementary medical insurance trust fund (a) Section 1844 (a) of the Social Security Act is amended to read as follows: “(a) There are authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, to the 42 USC 1395t. Federal Supplementary Medical Insurance Trust Fund— “(1) a Government contribution equal to the aggregate premiums payable under this part and deposited in the Trust Fund, and “(2) such sums as the Secretary deems necessary to place the Trust Fund, at the end of any fiscal year occurring after June 30, 1967, in the same position in which it would have been at the end of such fiscal year if (A) a Government contribution representing the excess of the premiums deposited in the Trust Fund during the fiscal year ending June 30, 1967, over the Government contribution actually appropriated to the Trust Fund during such fiscal year had been appropriated to it on June 30, 1967, and (B) the Government contribution for premiums deposited in the Trust Fund after June 30, 1967, had been appropriated to it when such premiums were deposited.” (b) Section 1844(b) of such Act is amended by striking out “1967” and inserting in lieu thereof “1969”. Sec. 168. disclosure to courts of whereabouts of certain individuals (a) Section 1106(c)(1) of the Social Security Act is 79 Stat. 411. 42 USC 1306. amended by inserting “(A)” after “(c)(1)”, by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and by adding at the end thereof the following new subparagraph: “(B) If a request for the most recent address of any individual so included is filed (in accordance with paragraph (2) of this subsection) by a court having jurisdiction to issue orders or entertain petitions against individuals for the support and maintenance of their children, the Secretary shall furnish such address, or the address of the individual’s most recent employer, or both, for the use of the court (and for no other purpose) in issuing or determining whether to issue such an order against such individual or in determining (in the event such individual is not within the jurisdiction of the court) the court to which a petition for support and maintenance against such individual should be forwarded under any reciprocal arrangements with other States to obtain or improve court orders for support, if the court certifies that the information is requested for such use.” (b) (1) Section 1106(c)(2) of such Act is amended by striking out “, and shall be accompanied” and all that follows and inserting in lieu thereof “(and, in the case of a request under paragraph (1)(A), shall be accompanied by a certified copy of the order referred to in clauses (i) and (iv) thereof).” (2) Section 1106(c)(3) of such Act is amended by striking out “authorized by subparagraph (D) thereof” and inserting in lieu thereof “authorized by subparagraph (A)(iv) or (B) thereof”. Sec. 169. reports of boards of trustees to congress (a) Sections 201(c)(2), 1817(b)(2), and 1841(b)(2) of the Social Security Act are each amended by striking out “March” and 70 Stat. 521; 79 Stat. 300, 308. 42 USC 401, 1395i, 1395t. inserting in lieu thereof “April”. (b) Section 201(c) of such Act is amended by inserting immediately before the last sentence the following new sentence: “Such report shall also include an actuarial analysis of the benefit disbursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries.” Sec. 170. general saving provision Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on 64 Stat. 487. 42 USC 402. 42 USC 423. the basis of the wages and self-employment income of an individual, and (2) one or more persons (not included in paragraph (1)) become entitled to monthly benefits under such section 202 for February 1968 on the basis of such wages and self-employment by reason of the amendments made to such Act by sections 104, 112, 150, 151, 156, and 157 of this Act, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 on the basis of such wages and self-employment for February 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after January 1968 shall be increased, after the application of such section 203(a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph. Sec. 171. expedited benefit payments (a) Section 205 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(q) “Expedited Benefit Payments (1) The Secretary shall establish and put into effect procedures under which expedited payment of monthly insurance benefits under this title will, subject to paragraph (4) of this subsection, be made as set forth in paragraphs (2) and (3) of this subsection. “(2) In any case in which— “(A) an individual makes an allegation that a monthly benefit under this title was due him in a particular month but was not paid to him. and “(B) such individual submits a written request for the payment of such benefit— “(i) in the case of an individual who received a regular monthly benefit in the month preceding the month with respect to which such allegation is made, not less than 30 days after the 15th day of the month with respect to which such allegation is made (and in the event that such request is submitted prior to the expiration of such 30-day period, it shall be deemed to have been submitted upon the expiration of such period), and “(ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or (II) the date on which such individual furnished the last information requested by the Secretary (and such written request, will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Secretary has evidence that such allegation is true, whichever is later), the Secretary shall, if he finds that benefits are due, certify such benefits for payment, and payment shall be made within 15 days immediately following the date on which the written request is deemed to have been filed. “(3) In any case in which the Secretary determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, he may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B)(i) and (B)(ii) have not elapsed. “(4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer. “(5) For purposes of this subsection, benefits payable under section 228 shall be treated as monthly insurance benefits payable under this title. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any 42 USC 423, 402. benefit alleged to be due under either section 223, or section 202 to a wife, husband, or child of an individual entitled to or applying for benefits under section 223, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability.” (b) The amendment made by subsection (a) of this section shall be effective with respect to written requests filed under section 205(q) of the Social Security Act after June 30, 1968. Sec. 172. definition of blindness (a) The first sentence of section 216(i)(1) of the Social Security Act is amended by striking out “(B)” and all that follows 42 USC 416. and inserting in lieu thereof “(B) blindness; and the term ‘blindness’ means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.” (b) The second sentence of section 216(i)(1) of such Act is amended to read as follows: “An eve which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less.” (c) The amendments made by this section shall be effective with respect to benefits under section 223 of the Social Security Act for 42 USC 423. months after January 1968 based on applications filed after the date of enactment of this Act and with respect to disability determinations under section 216(i) of the Social Security Act based on applications filed after the date of enactment of this Act. Sec. 173. attorneys fees for claimants Section 206(a) of the Social Security Act is amended by 42 USC 406. inserting, immediately before the last sentence thereof, the following new sentences: “Whenever the Secretary, in any claim before him for benefits under this title, makes a determination favorable to the claimant. he shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim. If as a result of such determination, such claimant is entitled to past-due benefits under this title, the Secretary shall, notwithstanding section 205(i), certify for payment (out of such past-due 42 USC 405. benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 111(a) · 81 Stat. 821
1. Inserted · 42 U.S.C. § 416(i)(2)(E)(G)
  Pub. L. 90–248, § 111(a), inserted introductory exception phrase
2. Added · 42 U.S.C. § 416(i)(2)(E)(G)
  Pub. L. 90–248, § 111(a), added subpar. (F)
3. Redesignated · 42 U.S.C. § 416(i)(2)(E)(G)
  Pub. L. 90–248, § 111(a), redesignated former subpar. (F) as (G)
Source evidence
Code amendment note
Subsec. (i)(2)(E) to (G). Pub. L. 90–248, § 111(a), inserted introductory exception phrase, added subpar. (F), and redesignated former subpar. (F) as (G).
Enacted provision · exact public law section
(a) Section 216(i)(2) of the Social Security Act is 79 Stat. 367, 400. 42 USC 416. amended (1) by striking out “No” in subparagraph (E) and inserting in lieu thereof “Except as is otherwise provided in subparagraph (F), no”, (2) by redesignating subparagraph (F) as subparagraph (G), and (3) by adding after subparagraph (E) the following new subparagraph: “(F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph 79 Stat. 367. 42 USC 416. (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— “(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and “(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, “(I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, “(II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and “(III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.”
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 105(a) · 81 Stat. 821
Struck · 42 U.S.C. § 416(i)(3)(B)(ii)
Pub. L. 90–248, § 105(a), struck out “and he is under a disability by reason of blindness (as defined in paragraph (1) of this subsection)” after “age 31”
Source evidence
Code amendment note
Subsec. (i)(3)(B)(ii). Pub. L. 90–248, § 105(a), struck out “and he is under a disability by reason of blindness (as defined in paragraph (1) of this subsection)” after “age 31”.
Enacted provision · exact public law section
(a) Subparagraph (B)(ii) of section 216(i)(3) of the Social Security Act is amended by striking out “and he is under a 79 Stat. 412. 42 USC 416. disability by reason of blindness (as defined in paragraph (1))”.
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 156(d) · 81 Stat. 821
Added · 42 U.S.C. § 416(k)
Pub. L. 90–248, § 156(d), added subsec. (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 90–248, § 156(d), added subsec. (k).
Enacted provision · exact public law section
(d) Section 216 of such Act is further amended by adding at the end thereof the following new subsection: “(k) “Waiver of Nine-Month Requirement for Widow, Stepchild, or Widower in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty The requirement in clause (5) of subsection (c) or clause (5) of subsection (g) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if his death— “(1) is accidental, or “(2) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period; except that this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1) of the preceding sentence, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.”
1972
Social Security Amendments of 1972
Pub. L. 92–603 § 113(a) · 86 Stat. 1329
Changed · 42 U.S.C. § 416(e)
Pub. L. 92–603, § 113(a), extended definition of “child” to include grandchildren and stepgrandchildren of an individual or his spouse
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–603, § 113(a), extended definition of “child” to include grandchildren and stepgrandchildren of an individual or his spouse.
Enacted provision · exact public law section
(a) The first sentence of section 216(e) of the Social Security Act is amended— 74 Stat. 950. 42 USC 416. (1) by striking out “and” at the end of clause (1), and (2) by inserting immediately before the period at the end thereof the following: “, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 223(d)) of 42 USC 423. such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual’s surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States and such person’s natural or adopting parent or stepparent was not living in such individual’s household and making regular contributions toward such person’s support at the time such individual died”.
1972
Social Security Amendments of 1972
Pub. L. 92–603 § 116(d) · 86 Stat. 1329
Substituted · 42 U.S.C. § 416(i)(2)(A)
Pub. L. 92–603, § 116(d), substituted “five” for “6”
Source evidence
Code amendment note
Subsec. (i)(2)(A). Pub. L. 92–603, § 116(d), substituted “five” for “6”.
Enacted provision · exact public law section
(d) Section 216(i) (2) (A) of such Act is amended by striking out “6” and inserting in lieu thereof “five”.
1972
Social Security Amendments of 1972
Pub. L. 92–603 § 118(b) · 86 Stat. 1329
Changed · 42 U.S.C. § 416(i)(2)(B)
Pub. L. 92–603, § 118(b), provided for the filing of an application for a disability determination after the death of the insured individual
Source evidence
Code amendment note
Subsec. (i)(2)(B). Pub. L. 92–603, § 118(b), provided for the filing of an application for a disability determination after the death of the insured individual.
Enacted provision · exact public law section
(b) Section 216(i)(2)(B) of such Act is amended by adding at 42 USC 416. the end thereof the following new sentence: “In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.”
1972
Social Security Amendments of 1972
Pub. L. 92–603 title I · 86 Stat. 1329
1. Struck · 42 U.S.C. § 416(i)(3)
  Pub. L. 92–603, §§ 104(g), 117(a), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A)
2. Substituted · 42 U.S.C. § 416(i)(3)
  Pub. L. 92–603, §§ 104(g), 117(a), substituted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind for provisions excepting the provisions of subpar. (A) in the case of an individual with respect to whom a period of disability would, but for such subpar., begin before 1951 in the provisions following subpar. (B)
Source evidence
Code amendment note
Subsec. (i)(3). Pub. L. 92–603, §§ 104(g), 117(a), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A), and substituted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind for provisions excepting the provisions of subpar. (A) in the case of an individual with respect to whom a period of disability would, but for such subpar., begin before 1951 in the provisions following subpar. (B).
Enacted provision · exact public law
TITLE I— PROVISIONS RELATING TO OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE Sec. 101. special minimum primary insurance amount (a) Section 215 (a) of the Social Security Act is amended— Ante, p. 410. (1) by striking out “paragraph (2)” in the matter preceding subparagraph (A) of paragraph (1) and inserting in lieu thereof “paragraphs (2) and (3)”;, and (2) by inserting after paragraph (2) the following: “(3) Such primary insurance amount shall be an amount equal to $8.50 multiplied by the individual’s years of coverage in excess of 10 in any case in which such amount is higher than the individual’s primary insurance amount as determined under paragraph (1) or (2). For purposes of paragraph (3), an individual’s ‘years of coverage’ “Years of coverage.” is the number (not exceeding 30) equal to the sum of (i) the number (not exceeding 14 and disregarding any fraction) determined by dividing the total of the wages credited to him (including wages deemed to be paid prior to 1951 to such individual under section 217, 64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. compensation under the Railroad Retirement Act of 1937 prior to 1951 which is creditable to such individual pursuant to this title, and wages deemed to be paid prior to 1951 to such individual under section 231) Post, p. 1367. for years after 1936 and before 1951 by $900, plus (ii) the number equal to the number of years after 1950 each of which is a computation base year (within the meaning of subsection (b) (2) (C)) and in each of which he is credited with wages (including wages deemed to be 64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. Post, p. 1352. paid to such individual under section 217, compensation under the Railroad Retirement Act of 1937 which is creditable to such individual pursuant to this title, and wages deemed to be paid to such individual under section 229) and self-employment income of not less than 25 percent of the maximum amount which, pursuant to subsection (e), may be counted for such year.” (b) Section 203(a) of such Act is amended by striking out “or” at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof “, or”, and by inserting after paragraph (4) the following new paragraph: “(5) whenever the monthly benefits of such individuals are based on an insured individual’s primary insurance amount which Ante, p. 1333. is determined under section 215(a)(3) and such primary insurance amount, does not appear in column IV of the table in (or Ante, p. 406. deemed to be in) section 215(a), the applicable maximum amount in column V of such table shall be the amount in such column that appears on the line on which the next higher primary insurance amount appears in column IV, or, if larger, the largest amount determined for such persons under this subsection for any month prior to October 1972.” (c) Section 215(a) (2) of such Act is amended by striking out “such primary insurance amount shall be” and all that follows and inserting in lieu thereof the following: “such primary insurance amount shall be— “(A) the amount in column IV of such table which is equal to the primary insurance amount upon which such disability insurance benefit is based; except that if such individual was entitled to a disability insurance benefit under 42 USC 423. section 223 for the month before the effective month of a new table (whether enacted by another law or deemed to be such Ante, p. 412. table under subsection (i)(2)(D)) and in the following month became entitled to an old-age insurance benefit, or he died in such following month, then his primary insurance amount for such following month shall be the amount in column IV of the new table on the line on which in column II of such table appeal’s his primary insurance amount for the month before the effective month of the table (as determined Ante, p. 411. under subsection (c)) instead of the amount in column IV equal to the primary insurance amount on which his disability “Primary insurance amount.” insurance benefit is based. For purposes of this paragraph, the term ‘primary insurance amount’ with respect to any individual means only a primary insurance amount determined under paragraph (1) (and such individual’s benefits shall be deemed to be based upon the primary insurance amount as so determined); or “(B) an amount equal to the primary insurance amount upon which such disability insurance benefit, is based if such primary insurance amount was determined under paragraph Ante, p. 1333. (3).” (d) Section 215(f)(2) of such Act is amended by striking out “subsection (a) (1) (A) and (C)” and inserting in lieu thereof “subsections (a)(1) (A) and (C) and (a)(3)”. (e) Section 215(i)(2) (A) (ii) of such Act is amended by striking out “under this title” and inserting in lieu thereof “under this title (but not including a primary insurance amount determined under subsection (a)(3) of this section)”. (f) Whenever an insured individual is entitled to benefits for a month which are based on a primary insurance amount under paragraph (1) or paragraph (3) of section 215(a) of the Social Security Act and for the following month such primary insurance amount is Ante, p. 1333. increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215(a), such individual’s old-age or disability insurance benefit (beginning Ante, p. 410. with the effective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insurance amount and the primary insurance amount on which such benefit was based for the month prior to such effective month, after the application of section 202(g) of such Act where applicable, to such difference. Post, pp. 1336–1338. Effective date. 53 Stat. 1362. 42 USC 401. (g) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for months after December 1972 (without regard to when the insured individual became entitled to such benefits or when he died) and with respect to lump-sum death payments under such title in the case of deaths occurring after such month. Sec. 102. increased widows and widower’s insurance benefits (a) (1) Section 202(e)(1) of the Social Security Act is 79 Stat. 376; 81 Stat. 828; Post, p. 1348. 42 USC 402. amended— (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “entitled, after attainment of age 62, to wife’s insurance benefits,” in subparagraph (C) (i) and inserting in lieu thereof “entitled to wife’s insurance benefits,” and by striking out “or” at the end of clause (i) in such subparagraph and inserting in lieu thereof “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223, or”; and 42 USC 423. (C) by striking out “age 62” in subparagraph (C) (ii), and in the matter following subparagraph (G), and inserting in lieu thereof in each instance “age 65”. (2) Paragraph (2) of section 202(e) of such Act is amended to read as follows: “(2) (A) Except as provided in subsection (q), paragraph (4) of this subsection, and subparagraph (B) of this paragraph, such widow’s 75 Stat. 131; 79 Stat. 368. insurance benefit for each month shall be equal to the primary insurance amount of such deceased individual. “(B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow’s insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow’s insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living, and “(ii) 82½ percent of the primary insurance amount of such deceased individual, be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (b) (1) Section 202(f) (1) of such Act is amended— 64 Stat. 485; 81 Stat. 829; Post, p. 1336. (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “died.” in subparagraph (C) and inserting in lieu thereof “died, and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223,”; and (C) by striking out “age 62” in the matter following subparagraph (G) and inserting in lieu thereof “age 65”. (2) Paragraph (3) of section 202(f) of such Act is amended to read as follows: “(3) (A) Except as provided in subsection (q), paragraph (5) of this subsection, and subparagraph (B) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount of his deceased wife. “(B) If the deceased wife (on the basis of whose wages and self-employment income a widower is entitled to widower’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower’s insurance benefit of such widower for any month shall, if the amount of the widower’s insurance benefit of such widower (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased wife would have been entitled (after application of subsection (q)) for such month if such wife were still living; and “(ii) 82½ percent of the primary insurance amount of such deceased wife; be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (c) (1) The last sentence of section 203(c) of such Act is amended by striking out all that follows the semicolon and inserting in lieu thereof the following: “nor shall any deduction be made under this subsection from any widow’s insurance benefits for any month in which the widow or surviving divorced wife is entitled and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 65 (but only if he became so entitled prior to attaining age 62).” (2) Clause (D) of section 203(f) (1) of such Act is amended to read as follows: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or widower’s insurance benefits and has not attained age 65 (but only if he became so entitled prior to attaining age 62), or”. (d) Section 202(k) (3) (A) of such Act is amended by striking out “subsection (q) and” and inserting in lieu thereof “subsection (q), subsection (e)(2) or (f)(3), and”. (e) (1) Section 202(q) (1) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(A) 59 of 1 percent of such amount if such benefit is an old-age insurance benefit, 2536 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, or 1940 of 1 percent of such amount if such benefit is a widow’s or widower’s insurance benefit, multiplied by— “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6) (A)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), Infra. if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age; and in the case of a widow or widower whose first, month of entitlement to a widow’s or widower’s insurance benefit is a month before the month in which such widow or widower attains age 60, such benefit, reduced pursuant to the preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), 75 Stat. 131; 79 Stat. 368. 42 USC 402. shall be, further reduced by— “(C) 43240 of 1 percent of the amount of such benefit, multiplied by— “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6) (B)), if 81 Stat. 831. such benefit is for a month before the month in which such individual attains age 62, or “(ii) if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains age 62 or any month thereafter.” (2) Section 202(q)(3) of such Act is amended— 75 Stat. 131; 79 Stat. 368, 369, 374. (A) by striking out clause (ii) of subparagraph (E) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (B) by striking out clause (ii) of subparagraph (F) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (C) by striking out “had such individual attained age 62 in” in subparagraph (G) and inserting in lieu thereof “as if the, period specified in paragraph (6) (A) (or, if such paragraph does not apply, the period specified in paragraph (6) (B)) ended with the month before”. (3) Section 202(q) (7) of such Act is amended— (A) by striking out everything that precedes subparagraph (A) and inserting in lieu thereof the following: “(7) For purposes of this subsection the ‘adjusted reduction period’ “Adjusted reduction period.” for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the reduction period prescribed in paragraph (6) (A) for such benefit, and the ‘additional adjusted reduction period’ “Additional adjusted reduction period.” for an individual’s, widow’s, or widower’s insurance benefit is the additional reduction period prescribed by paragraph (6) (B) for such benefit, excluding from each such period—”; and (B) by striking out “attained retirement age” in subparagraph (E) and inserting in lieu thereof “attained age 62, and also for any later month before the month in which he attained retirement age,”. (4) Section 202(q) (9) of such Act is amended to read as follows: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65.” (5) Section 202(q) (3) of such Act is amended by adding at the end thereof the following new subparagraph: “(H) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow’s or widower’s insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for a month before she or he became entitled to a widow’s or widower’s benefit, the reduction in such widow’s or widower’s insurance benefit, shall be determined under paragraph (1).” (f) Section 202 (m) of such Act is amended to read as follows: “(m) “Minimum Survivor’s Benefit (1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of the wages and self-employment income of a deceased individual for any month and no other 64 Stat. 487. person is (without the application of subsection (j) (1)) entitled to a monthly benefit under this section for such month on the basis of such wages and self-employment income, such individual’s benefit amount Ante, p. 1336. for such month, prior to reduction under subsection (k) (3), shall be not less than the first amount appearing in column IV of the table Ante, p. 406. in (or deemed to be in) section 215(a), except as provided in paragraph (2). “(2) In the case of any such individual who is entitled to a monthly Ante, pp. 1335, 1336. benefit under subsection (e) or (f), such individual’s benefit amount, after reduction under subsection (q) (1), shall be not less than— “(A) $84.50, if his first, month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or “(B) $84.50 reduced under subsection (g)(1) as if retirement 81 Stat. 831. age as specified in subsection (q) (6) (A) (ii) were age 62 instead Supra. of the age specified in subsection (q) (9), if his first month of entitlement to such benefit is before the month in which he attained age 62. “(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) for a month prior to any month after 1972 for which a general benefit Ante, p. 412. increase under this title (as defined in section 215(i) (3)) or a benefit increase under section 215 (i) becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q)(1) pursuant to paragraph (2)(B) 75 Stat. 131; 79 Stat. 368. and subsection (q) (4).” (g) (1) In the case of an individual who is entitled to widow’s or widower’s insurance benefits for the month of December 1972 the Secretary shall, if it would increase such benefits, redetermine the amount of such benefits for months after December 1972 under title II 53 Stat. 1362. 42 USC 401. of the Social Security Act as if the amendments made by this section had been in effect for the first month of such individual’s entitlement to such benefits. (2) For purposes of paragraph (1)— (A) any deceased individual on whose wages and self-employment income the benefits of an individual referred to in paragraph (1) are based, shall be deemed not to have been entitled to benefits if the record, of insured individuals who were entitled to benefits, that is readily available, to the Secretary contains no entry for such deceased individual; and (B) any deductions under subsections (b) and (c) of section 203 of such Act., applicable to the benefits of an individual 74 Stat. 953. 42 USC 403. referred to in paragraph (1) for any month prior to September 1965, shall be disregarded in applying the provisions of section 202(q) (7) of such Act (as amended by this Act). Ante, p. 1337. (h) Where— (1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act for December 1972 on the 64 Stat. 482. basis of the wages and self-employment, income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and Ante, pp. 1335, 1336. (2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1973, and (3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but 72 Stat. 1017; Ante, p. 410. for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1972 shall in no case be less after the application of this section and such section 203 (a) than the amount it would have been without the application of this section. (i) The amendments made by this section shall apply with respect Effective date. to monthly benefits under title II of the Social Security Act for months 53 Stat. 1362. 42 USC 401. after December 1972. Sec. 103. delayed retirement credit (a) Section 202 of the Social Security Act is amended by 64 Stat. 482; 79 Stat. 392. adding after subsection (v) thereof the following: “(w) “Increase in Old-Age Insurance Benefit Amounts on Account of Delayed Retirement (1) If the first month for which an old-age insurance benefit becomes payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q)), the amount of the old-age Ante, pp. 1336–1338. insurance benefit (other than a benefit based on a primary insurance amount determined under section 215(a) (3)) which is payable without Ante, p. 1333. regard to this subsection to such individual shall be increased by— “(A) 112 of 1 percent of such amount, multiplied by “(B) the number (if any) of the increment, months for such individual. “(2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months— “(A) which have elapsed after the month before the month in which such individual attained age 65 or (if later) December 1970 and prior to the month in which such individual attained age 72, and “(B) with respect to which— “(i) such individual was a fully insured individual (as Infra. defined in section 214 (a)), and “(ii) such individual either was not entitled to an old-age insurance benefit or suffered deductions under section 203 (b) 74 Stat. 953. 42 USC 403. or 203 (c) in amounts equal to the amount of such benefit. “(3) For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual’s increment months through the year for which the determination is made and the total so determined shall be applicable to such individual’s old-age insurance benefits beginning with benefits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 72 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit beginning with the month in which he attains such age. “(4) This subsection shall be applied after reduction under section 203(a).” (b) The matter following paragraph (3) of section 202(a) of such 70 Stat. 818. 42 USC 202. Act is amended by inserting “and subsection (w)” after “subsection (q)”. (c) Effective January 1, 1974, section 203(a) (2) (C) of such Act is amended by striking out “determined under this title” and inserting in lieu thereof “determined under this title (excluding any part thereof Ante, p. 1339 determined under section 202 (w))”. (d) The amendments made by this section shall be applicable with respect to old-age insurance benefits payable under title II of the 53 Stat. 1362. 42 USC 401. Social Security Act for months beginning after 1972. Sec. 104. age-62 computation point for men (a) Section 214(a)(1) of the Social Security Act is amended by striking out “before—” and all that follows down through “except” and inserting in lieu thereof the following: “before the year in which he died or (if earlier) the year in which he attained age 62, except”. (b) Section 215(b)(3) of such Act is amended by striking out “before—” and all that follows down through “For” and inserting in lieu thereof the following: “before the year in which he died, or if it occurred earlier but after 1960, the year in which he attained age 62. For”. (c) Section 223(a) (2) of such Act is amended— (1) by striking out “(if a woman) or age 65 (if a man)”, (2) by striking out “in the case of a woman” and inserting in lieu thereof “in the case of an individual”, and (3) by striking out “she” and inserting in lieu thereof “he”. (d) Section 223(c) (1) (A) of such Act is amended by striking out “(if a woman) or age 65 (if a man)”. (e) Section 227(a) of such Act is amended by striking out “so much of paragraph (1) of section 214(a) as follows clause (C)” and inserting in lieu thereof “paragraph (1) of section 214(a)”. (f) Section 227 (b) of such Act is amended by striking out “so much of paragraph (1) thereof as follows clause (C)” and inserting Supra. in lieu thereof “paragraph (1) thereof”. (g) Sections 209(i) and 216(i) (3) (A), of such Act are amended 42 USC 409, 416. by striking out “(if a woman) or age 65 (if a man)”. (h) Section 303(g) (1) of the Social Security Amendments of 1960 42 USC 415 note. is amended— (1) by striking out “Amendments of 1965 and 1967” and inserting in lieu thereof “Amendments of 1965, 1967, 1969, and 1972 (and by Public Law 92–5)”; and (2) by striking out “Amendments of 1967” wherever it appears and inserting in lieu thereof “Amendments of 1972”. (i) Paragraph (9) of section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended to read as follows: 70 Stat. 839. 26 USC 3121. “(9) any payment (other than vacation or sick pay) made to an employee after the month in which he attains age 62, if such employee did not work for the employer in the period for which such payment is made;”. (j) (1) The amendments made, by this section (except the amendment Effective dates. made by subsection (i), and the amendment made by subsection (g) to section 209 (i) of the Social Security Act) shall apply only in the case of a man who attains (or would attain) age 62 after December 1974. The amendment made by subsection (i), and the amendment made by subsection (g) to section 209 (i) of the Social Security Act, shall apply only with respect to payments after 1974. (2) In the ease of a man who attains age 62 prior to 1975, the number of his elapsed years for purposes of section 215(b) (3) of the Social Security Act shall be equal to (A) the number determined Ante, p. 1340. under such section as in effect on September 1, 1972, or (B) if less, the number determined as though he attained age 65 in 1975, except that monthly benefits under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months prior to January 1973 payable on the basis of his wages and self-employment income shall be determined as though this section had not been enacted. (3) (A) In the ease of a man who attains or will attain age 62 in 1973, the figure “65” in sections 214(a) (1), 223(c) (1) (A), and 216(i) Ante, p. 1340; Supra. (3) (A) of the Social Security Act shall be deemed to read “64”. (B) In the case of a man who attains or will attain age 62 in 1974, the figure “65” in sections 214(a)(1), 223(c)(1)(A), and 216(i)(3) (A) of the Social Security Act shall be deemed to read “63”. Sec. 105. liberalization and automatic adjustment of earnings test (a) (1) Paragraphs (1) and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$140” and 42 USC 403. inserting in lieu thereof “$175 or the exempt amount as determined under paragraph (8)”. (2) Paragraph (1) (A) of section 203(h) of such Act is amended by striking out “$140” and inserting in lieu thereof “$175 or the exempt amount as determined under subsection (f)(8)”. (3) Paragraph (3) of section 203(f) of such Act is amended to Post, p. 1342. read as follows: “(3) For purposes of paragraph (1) and subsection (h), an individual’s excess earnings for a taxable year shall be. 50 per centum of his earnings for such year in excess of the product of $175 or the exempt amount as determined under paragraph (8), multiplied by the number of months in such year. The excess earnings as derived under the preceding sentence, if not a multiple of $1, shall be reduced to the next lower multiple of $1.” (b) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(8) (A) Whenever the Secretary pursuant to section 215 (i) increases benefits effective with the first month of the calendar year Publication in Federal Register. following a cost-of-living computation quarter, he shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter occurs (along with the publication of such benefit increase as required by section 215 (i) (2) (D)) a new exempt amount which shall be effective (unless such new exempt amount is prevented from becoming effective by subparagraph (C) of this paragraph) with respect to any individual’s taxable year which ends with the close of or after the calendar year with the first month of which such benefit increase is effective (or, in the case of an individual who dies during such calendar year, with respect, to such individual’s taxable year which ends, upon his death, during such year. “(B) The exempt amount for each month of a particular taxable year shall be whichever of the following is the larger— “(i) the exempt amount which was in effect with respect to months in the taxable year in which the determination under subparagraph (A) was made, or “(ii) the product of the exempt amount described in clause (i) and the ratio of (I) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year in which the determination under subparagraph (A) was made to (II) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973, or, if later, the first calendar quarter of the most recent calendar year in which an increase in the contribution and benefit base, was enacted or a determination resulting in such an Ante, p. 417. increase was made under section 230(a), with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such product is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. Estimated increase, notice to congressional committees. Whenever the Secretary determines that the exempt amount is to be increased in any year under this paragraph, he shall notify the House Committee on Ways and Means and the Senate Committee on Finance no later than August 15 of such year of the estimated amount of such increase, indicating the new exempt amount, the actuarial estimates of the effect of the increase, and the actuarial assumptions and methodology used in preparing such estimates. “(C) Notwithstanding the determination of a new exempt amount by the Secretary under subparagraph (A) (and notwithstanding any publication thereof under such subparagraph or any notification thereof under the last sentence of subparagraph (B)), such new exempt amount shall not take effect pursuant thereto if during the calendar year in which such determination is made a law increasing the exempt amount or providing a general benefit increase under this title (as defined in section 215(i) (3)) is enacted.” (c) The amendments made by this section shall apply with respect to taxable years ending after December 1972. Sec. 106. exclusion of certain earnings in year of attaining age 72 (a) The first sentence of section 203(f) (3) of the Social Security Act (as amended by section 105(a)(3) of this Act) is further amended by inserting before the period at the end thereof the following: “, except that, in determining an individual’s excess earnings for the taxable year in which he attains age 72, there shall be excluded any earnings of such individual for the month in which he attains such age and any subsequent month (with any net earnings or net loss from self-employment in such year being prorated in an equitable manner under regulations of the Secretary)”. (b) The amendment made by subsection (a) shall apply with Effective date. respect to taxable years ending after December 1972. Sec. 107. reduced benefits for widowers at age 60 (a) Section 202 (f) of the Social Security Act (as amended by section 102(b) of this Act) is further amended— (1) by striking out “age 62” each place it appears in subparagraph (B) of paragraph (1) and in paragraph (6) and inserting in lieu thereof “age 60”; (2) by striking out “or the third month” in the matter following subparagraph (G) in paragraph (1) and inserting in lieu thereof “or, if he became entitled to such benefits before he attained age 60, the third month”; and (3) by striking out “the age of 62” in paragraph (5) and inserting in lieu thereof “the age of 60”, (b) (1) The last sentence of section 203(c) of such Act (as amended by section 102(c) (1) of this Act) is further amended by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Clause (D) of section 203(f)(1) of such Act as amended by section 102(c)(2) of this Act) is further amended by striking out Ante, p. 1336. “age 62” and inserting in lieu thereof “age 60”. (3) Section 222(b)(1) of such Act is amended by striking out 42 USC 422. “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62” and inserting in lieu thereof “a widow, widower or surviving divorced wife who has not attained age 60”. (4) Section 222(d) (1) (D) of such Act is amended by striking out 81 Stat. 832; Post, p. 1360. “age 62” each place it appears and inserting in lieu thereof “age 60”. (5) Section 225 of such Act is amended by striking out “age 62” and 42 USC 425. inserting in lieu thereof “age 60”. (c) The amendments made by this section shall apply with respect Effective date. to monthly benefits under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months after December 1972, except that in the case of an individual who was not entitled to a monthly benefit under title II of such Act for December 1972 such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 108. entitlement to child’s insurance benefits based on disability which began between age 18 and 22 (a) Clause (ii) of section 202(d)(1)(B) of the Social Security Act is amended by striking out “which began before he 79 Stat. 370. 42 USC 402. attained the age of eighteen” and inserting in lieu thereof “which began before he attained the age of 22”. (b) Subparagraphs (F) and (G) of section 202(d) (1) of such Act are amended to read as follows: “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, but only if he was not under a disability (as so defined) in such earlier month; or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, but only if he was not under a disability (as so defined) in such earlier month.” (c) Section 202(d) (1) of such Act is further amended by adding at the end thereof the following new sentence: “No payment under this paragraph may be made to a child who would not meet the 81 Stat. 868. 42 USC 423. definition of disability in section 223(d) except for paragraph (1) (B) thereof for any month in which he engages in substantial gainful activity.” (d) Section 202(d) (6) of such Act is amended by striking out “in which he is a full-time student and has not attained the age of 22” and all that follows and inserting in lieu thereof “in which he— “(A) (i) is a full-time student or is under a disability (as defined in section 223(d)), and (ii) had not attained the age of 22, or “(B) is under a disability (as so defined) which began before the close of the 84th month following the month in which his most recent entitlement to child’s insurance benefits terminated because he ceased to be under such disability, but only if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: “(C) the first month in which an event specified in paragraph (1) (D) occurs; “(D) the earlier of (i) the first month during no part of which he is a full-time student or (ii) the month in which he attains the age of 22, but only if he is not under a disability (as so defined) in such earlier month; or “(E) if he was under a disability (as so defined), the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (e) Section 202 (s) of such Act is amended— (1) by striking out “which began before he attained such age” in paragraph (1); and (2) by striking out “which began before such child attained the age of 18” in paragraphs (2) and (3). (f) The amendments made by this section shall apply only with respect to monthly benefits under section 202 of the Social Security Act for months after December 1972 except that in the case of an individual who was not entitled to a monthly benefit under such section 202 for December 1972 such amendments shall apply only on the basis of an application filed after September 30, 1972. (g) Where— (1) one or more persons are entitled (without the application Post, p. 1351. of sections 202(j) (1) and 223(b) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and (2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202 or 223 for January 1973 solely by reason of the amendments made by this section on the basis of such wages and self-employment income, and (3) the total of benefits to which all persons are entitled under such sections 202 and 223 on the basis of such wages and self-employment 42 USC 402, 423. income for January 1973 is reduced by reason of section 203(a) of such Act as amended by this Act (or would, Ante, p. 410. but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for months after December 1972 shall be adjusted, after the application of such section 203(a), to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2). Sec. 109. continuation of child’s benefits through end of semester (a) Paragraph (7) of section 202(d) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: 79 Stat. 371. 42 USC 402. “(D) A child who attains age 22 at a time when he is a full-time student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year college or university shall be deemed (for purposes of determining whether his entitlement to benefits under this subsection has terminated under paragraph (1) (F) and for purposes of determining his initial entitlement to such benefits under clause (i) of paragraph (1) (B)) not to have attained such age, until the first day of the first month following the end of the quarter or semester to which he is enrolled at such time (or, if the educational institution (as defined in this paragraph) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).” (b) The amendment made by subsection (a) shall apply only with Effective date. respect to benefits payable under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months after December 1972. Sec. 110. child’s benefits in case of child entitled on more than one wage record (a) Section 202(h)(2)(A) of the Social Security Act is 64 Stat. 482. amended to read as follows: “(2) (A) Any child who under the preceding previsions of this section is entitled for any month to child’s insurance benefits on the wages and self-employment income of more than one insured individual shall, notwithstanding such provisions, be entitled to only one of such child’s insurance benefits for such month. Such child’s insurance benefits for such month shall be the benefit based on the wages and self-employment income of the insured individual who has the greatest primary insurance amount, except that such child’s insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) (without the application of section 203(a)) or subsection (m) if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 203(a)) than the benefit which would be applicable if such child were entitled on the wages and self-employment income of the individual with the greatest primary insurance’ amount. Where more than one child is entitled to child’s insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled on the wages and self-employment income of the same insured individuals shall be entitled on the wages and self-employment income of the same such insured individual.” (b) The amendment made by subsection (a) shall apply only with 53 Stat. 1362. 42 USC 401. respect to monthly benefits under title II of the Social Security Act for months after December 1972. Sec. 111. adoptions by disability and old-age insurance beneficiaries (a) Section 202(d) of the Social Security Act is amended by striking out paragraphs (8) and (9) and inserting in lieu thereof the following new paragraph: “(8) In the case of— “(A) an individual entitled to old-age insurance benefits (other than an individual referred to in subparagraph (B)), or “(B) an individual entitled to disability insurance benefits, or an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such old-age or disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1) (C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) (i) was legally adopted by such individual in an adoption decreed by a court of competent jurisdiction within the United States, “(ii) was living with such individual in the United States and receiving at least one-half of his support from such individual (I) if he is an individual referred to in subparagraph (A), for the year immediately before the month in which such individual became entitled to old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, the month in which such period of disability began, or (II) if he is an individual referred to in subparagraph (B), for the year immediately before the month in which began the period of disability of such individual which still exists at the time of adoption (or. if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or the month in which such individual became entitled to disability insurance benefits, and “(iii) had not attained the age of 18 before he began living with such individual. In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of birth of such child.” (b) The amendment made by subsection (a) shall apply with respect Effective date. to monthly benefits payable under title II of the Social Security Act 53 Stat. 1362. 42 USC 401. for months after December 1967 on the basis of an application filed in or after the month in which this Act is enacted; except that such amendments shall not apply with respect to benefits for any month before the month in which this Act is enacted unless such application is filed before the close of the sixth month after the month m which this Act is enacted. Sec. 112. child’s insurance benefits not to be terminated by reason of adoption (a) Paragraph (1)(D) of section 202(d) of the Social Security Act is amended by striking out “marries” and all that follows 79 Stat. 371. 42 USC 402. and inserting in lieu thereof “or marries,”. (b) The amendment, made by subsection (a) shall apply only with Effective date. respect to monthly benefits under title II of the Social Security Act for months beginning with the month in which this Act is enacted. (c) Any child— (1) whose entitlement to child’s insurance benefits under section 202(d) of the Social Security Act was terminated by reason of his adoption, prior to the date of the enactment of this Act, and (2) who. except for such adoption, would be entitled to child’s insurance benefits under such section for a month after the month in which this Act is enacted, may, upon filing application for child’s insurance benefits under the Social Security Act after the date of enactment of this Act, become reentitled to such benefits; except that no child shall, by reason of the enactment of this section, become reentitled to such benefits for any month prior to the month after the month in which this Act is enacted. Sec. 113. benefits for child based on earnings record of grandparent (a) The first sentence of section 216(e) of the Social Security Act is amended— 74 Stat. 950. 42 USC 416. (1) by striking out “and” at the end of clause (1), and (2) by inserting immediately before the period at the end thereof the following: “, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 223(d)) of 42 USC 423. such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual’s surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States and such person’s natural or adopting parent or stepparent was not living in such individual’s household and making regular contributions toward such person’s support at the time such individual died”. (b) Section 202(d) of such Act (as amended by section 111 of this Act) is further amended by adding at the end thereof the following Ante, p. 1346. new paragraph: “(9) (A) A child who is a child of an individual under clause (3) Ante, p. 1347. of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence shall be deemed not to be dependent on such individual at the time specified in subparagraph 42 USC 416. (1) (C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least one-half of his support from such individual (I) for the year immediately before the month in which such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (II) if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, or disability insurance benefits, or died, for the year immediately before the month in which such period of disability began, and (ii) the period during which such child was living with such individual began before the child attained age 18. “(B) In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if. as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of such child’s birth.” (c) The amendments made by this section shall apply with respect 53 Stat. 1362. 42 USC 401. to monthly benefits payable under title II of the Social Security Act for months after December 1972, but only on the basis of applications filed on or after the date of the enactment of this Act. Sec. 114. elimination of support requirement as condition of benefits for divorced and surviving divorced wives (a) Section 202(b) (1) of the Social Security Act is further amended— (1) by adding “and” at the end of subparagraph (C), (2) by striking out subparagraph (D), and (3) by redesignating subparagraphs (E) through (L) as subparagraphs (D) through (K), respectively. (b) (1) Section 202(e) (1) of such Act (as amended by section 102 Ante, p. 1335. (a) of this Act) is further amended— (A) by adding “and” at the end of subparagraph (C), (B) by striking out subparagraph (D), and (C) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively. (2) Section 202 (e)(6) of such Act is amended by striking out “paragraph (1) (G)” and inserting in lieu thereof “paragraph (1) (F)”. (c) Section 202(g) (1) (F) of such Act is amended by striking out clause (i), and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) The amendments made by this section shall apply only with respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed on or after the date of enactment of this Act. (e) Where— (1) one or more persons are entitled (without the application Post, p. 1351. 42 USC 423. of sections 202(j) (1) and 223(b) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and (2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202(g) as a surviving Ante, p. 1348. divorced mother (as defined in section 216(d)(3)) for a 79 Stat. 377. 42 USC 416. month after December 1972 on the basis of such wages and self-employment income, and (3) the total of benefits to which all persons are entitled under such section 202 and 223 on the basis of such wages and self-employment 42 USC 402, 423. income for any month after December 1972 is reduced by reason of section 203(a) of such Act as amended by this Act Ante, pp. 1334, 1340; Post, p. 1370. (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled beginning with the first month after December 1972 for which any person referred to in paragraph (2) becomes entitled shall be adjusted, after the application of such section 203a, to an amount no less than the am omit it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2). Sec. 115. waiver of duration-of-relationship requirement for widow, widower, or stepchild in case of remarriage to the same individual (a) The heading of section 216(k) of the Social Security Act is amended by adding at the end thereof “, or in Case of Remarriage 81 Stat. 866; Post, p. 1370. 42 USC 416. to the Same Individual”. (b) Section 216(k) of such Act is amended by striking out “if his death—” and all that follows and inserting in lieu thereof “if— “(1) his death— “(A) is accidental, or “(B) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period, or “(2) (A) the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or “(B) the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild’s parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if Such previous marriage had been terminated by the death of such individual at such time instead of by divorce; except that this subsection shall not apply if the Secretary determines that. at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (I) (A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (c) The amendments made by this section shall apply only with Effective date. respect to benefits payable under title II of the Social Security Act 53 Stat. 1362. 42 USC 401. for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted. Sec. 116. reduction from 6 to 5 months of waiting period for disability benefits (a) Section 223(c)(2) of the Social Security Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, and (2) by striking out “eighteenth” each place it appears and inserting in lieu thereof “seventeenth”. (b) Section 202(e) (6) of such Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, (2) by striking out “eighteenth” and inserting in lieu thereof “Seventeenth”, and (3) by striking out “sixth” and inserting in lieu thereof “fifth”. (c) Section 202(f) (7) of such Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, (2) by striking out “eighteenth” and inserting in lieu thereof “seventeenth”, and (3) by striking out “sixth” and inserting in lieu thereof “fifth”. (d) Section 216(i) (2) (A) of such Act is amended by striking out “6” and inserting in lieu thereof “five”. (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, applications for widow’s and widower’s insurance benefits based on disability under section 202 of such Act, and applications for disability determinations under section 216 (i) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month, or (B) the notice referred to in subparagraph (A) has been so given before, such month but a civil action with respect to such final decision is commenced under section 205(g) of the 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security 53 Stat. 1362. 42 USC 401. Act shall be payable or increased by reason of the amendments made by this section for any month before January 1973. Sec. 117. elimination of disability insured-status requirement of substantial recent covered work in case of individuals who are blind (a) The first sentence of section 216(i) (3) of the Social 42 USC 416. Security Act is amended by striking out all that follows subparagraph (B) and inserting in lieu thereof the following: “except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of ‘blindness’ as defined in paragraph (1)).” (b) Section 223(c)(1) of such Act is amended by striking out “coverage.” in subparagraph (B) (ii) and inserting in lieu thereof “coverage;”, and by striking out “For purposes” and inserting in lieu thereof the following: “except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of ‘blindness’ as defined in section 216(i) (1)). For purposes”. (c) The amendments made by this section shall be effective with Effective dates. respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under 42 USC 423. Ante, pp. 1341, 1350; Infra. section 216(1) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such 42 USC 405. month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made 53 Stat. 1362. 42 USC 401. by this section for months before January 1373. Sec. 118. applications for disability insurance benefits filed after death of insured individual (a) (1) Section 223(a)(1) of the Social Security Act is 42 USC 423. amended by adding at the end thereof the following new sentence: “In the ease of a deceased individual, the requirement of subparagraph (C) may be satisfied by an application for benefits filed with respect to such individual within 3 months after the month in which he died.” (2) Section 223(a) (2) of such Act is amended by striking out “he Ante, p. 1340. filed his application for disability insurance, benefits and was” and inserting in lieu thereof “the application for disability insurance benefits was filed and he was”. (3) The third sentence of section 223(b) of such Act is amended by striking out “if he files such application” and inserting in lieu thereof “if such application is filed”. (4) Section 223(c)(2)(A) of such Act is amended by striking Ante, p. 1350. out “who files such application” and inserting in lieu thereof “with respect to whom such application is filed”. (b) Section 216(i)(2)(B) of such Act is amended by adding at 42 USC 416. the end thereof the following new sentence: “In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.” (c) The amendments made by this section shall apply in the case Effective dates. of deaths occurring after December 31, 1969. For purposes of such amendments (and for purposes of sections 202(j) (1) and 223(b) of the Social Security Act), any application with respect to an individual 42 USC 402, 423. whose death occurred after December 31, 1969, but before the date of the enactment of this Act which is filed in, or within 3 months after the month in which this Act is enacted shall be deemed to have been filed in the month in which such death occurred. Sec. 119. workmen’s compensation offset for disability insurance beneficiaries (a) The next to last sentence of section 224(a) of the 42 USC 424a. Social Security Act is amended— (1) by striking out “larger” and inserting in lieu thereof “largest”, (2) by striking out “or” before “(B)”, and (3) by inserting before the period at the end thereof the following: “, or (C) one-twelfth of the total of his wages and self-employment income (computed without regard to the limitations Ante, p. 417, 418. specified in sections 209(a) and 211(b)(1)) for the calendar year in which he had the highest such wages and income during the period consisting of the calendar year in which he became disabled 42 USC 423. (as defined in section 223(d)) and the five years preceding that year”. (b) The last sentence of section 224(a) of such Act is amended by striking out “clause (B)” and inserting in lieu thereof “clauses (B) and (C)”. (c) 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 1972. Sec. 120. wage credits for members of the uniformed services (a) Subsection 229(a) of the Social Security Act is amended— (1) by striking out “after December 1967” and inserting in lieu thereof “after December 1972”; (2) by striking out “after 1967” and inserting in lieu thereof “after 1956”) and (3) by striking out all that follows “(in addition to the wages actually paid to him for such service)” and inserting in lieu thereof “of $800.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits under title II of the Social Security Act for months after December 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after December 1972 except that, in the case of any individual who is entitled, on the basis of the wages and self-employment income of any individual 42 USC 429. to whom section 229 of such Act applies, to monthly benefits 42 USC 401. under title II of such Act for the month in which this Act is enacted, such amendments shall apply (1) only if a written request for a recalculation of such benefits (by reason of such amendments) under 42 USC 415. the provisions of section 215 (b) and (d) of such Act, as in effect at the time such request is filed, is filed by such individual, or any other individual, entitled to benefits under such title II on the basis of such wages and self-employment income, and (2) only with respect to such benefits for months beginning with whichever of the following is later: January 1973 or the twelfth month before the month in which such request was filed. Recalculations of benefits as required to carry out. the provisions of this section shall be made notwithstanding the provisions of section 215(f)(1) of the Social Security Act, and no such recalculation shall be regarded as a recomputation for purposes of section 215(f) of such Act. Sec. 121. optional determination of self-employment earnings (a) (1) Section 211(a) of the Social Security Act is Post, pp. 1357, 1366. 42 USC 411. amended by adding at the end thereof the following new paragraph: “The preceding sentence and clauses (i) through (iv) of the second preceding sentence shall also apply in the case of any trade or business (other than a trade or business specified in such second preceding sentence) which is carried on by an individual who is self-employed on a regular basis as defined in subsection (g), or by a partnership Infra. of which an individual is a member on a regular basis as defined in subsection (g), but only if such individual’s net earnings from self-employment in the taxable year as determined without regard to this sentence are less than $1,600 and less than 66% percent of the sum (in such taxable year) of such individual’s gross income derived from all trades or businesses carried on by him and his distributive share of the income or loss from all trades or businesses carried on by all the partnerships of which he is a member: except that this sentence shall not apply to more than 5 taxable years in the case of any individual, and in no case in which an individual elects to determine the amount of his net earnings from self-employment for a taxable year under the provisions of me two preceding sentences with respect to a trade or business to which the second preceding sentence applies and with respect to a trade or business to which this sentence applies shall such net earnings for such year exceed $1,600.” (2) Section 211 of such Act is amended by adding at the end thereof 64 Stat. 502; 72 Stat. 1036. the following new subsection: “(g) “Regular Basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.” (b) (1) Section 1402(a) of the Internal Revenue Code of 1954 Post, pp. 1357, 1366. 26 USC 1402. (relating to definition of net earnings from self-employment) is amended by adding at the end thereof the following new paragraph: “The preceding sentence and clauses (i) through (iv) of the second preceding sentence shall also apply in the case of any trade or business (other than a trade or business specified in such second preceding sentence) which is carried on by an individual who is self-employed on a regular basis as defined in subsection i, or by a partnership of which an individual is a member on a regular basis’ as defined in subsection (i), but only if such individual’s net earnings from self-employment as determined without regard to this sentence in the taxable year are less than $1,600 and less than 66% percent of the sum (in such taxable year) of such individual’s gross income derived from all trades or businesses carried on by him and his distributive share of the income or loss from all trades or businesses carried on by all the, partnerships of which he is a member; except that this sentence shall not apply to more than 5 taxable years in the ease of any individual, and in no case in which an individual elects to determine the amount of his net earnings from self-employment for a taxable year under the provisions of the two preceding sentences with respect to a trade or business to which the second preceding sentence applies and with respect to a trade or business to which this sentence applies shall such net earnings for such year exceed $1,600.” (2) Section 1402 of such Code (definitions relating to Self-Employment Contributions Act of 1954) is amended by adding at the end thereof the following new subsection: “(i) “Regular Basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.” (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1972. Sec. 122. payments by employer to survivor or estate of former employee (a) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (1), by striking out the period at the end of subsection (m) and inserting in lieu thereof “; or”, and by inserting after subsection (m) the following new subsection: “(n) Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.” (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended by striking out “or” at the end of paragraph (12), by striking out the period at the end of paragraph (13) and inserting in lieu thereof “; or”, and by inserting after paragraph (13) the following new paragraph: “(14) any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.” (c) The amendments made by this section shall apply in the case of any payment made after December 1972. Sec. 123. coverage for vow-of-poverty members of religious orders (a) (1) Section 210(a) (8) (A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under section 3121 (r) of the Internal Revenue Infra. Code of 1954 is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs”. (2) Section 3121(b) (8) (A) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting before the semicolon at the end thereof the following: “, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under subsection (r) is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs”. (b) Section 3121 of such Code (definitions relating to Federal 26 USC 3101. Insurance Contributions Act) is amended by adding at the end thereof the following new subsection: “(r) Election of Coverage by Religious Orders.— “(1) Certificate of election by order.— A religious order whose members are required to take a vow of poverty, or any autonomous subdivision of such order, may file a certificate (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) electing to have the insurance system established by title II of the Social Security Act extended 42 USC 401. to services performed by its members in the exercise of duties required by such order or such subdivision thereof. Such certificate of election shall provide that— “(A) such election of coverage by such order or subdivision shall be irrevocable.; “(B) such election shall apply to all current and future members of such order, or in the case of a subdivision thereof to all current and future members of such order who belong to such subdivision; “(C) all services performed by a member of such an order or subdivision in the exercise of duties required by such order or subdivision shall be deemed to have been performed by such member as an employee of such order or subdivision; and “(D) the wages of each member, upon which such order or subdivision shall pay the taxes imposed by sections 3101 and 3111, will be determined as provided in subsection (i)(4). Post, pp. 1362–1304. “(2) Definition of member.— For purposes of this subsection, a member of a religious order means any individual who is subject to a vow of poverty as a member of ‘such order and who performs tasks usually required (and to the extent usually required) of an active member of such order and who is not considered retired because of old age or total disability. “(3) Effective date for election.— (A) A certificate of election of coverage shall be in effect, for purposes of subsection (b) (8) (A) and for purposes of section 210(a) (8) (A) of the Social Security Act, for the period beginning with whichever of the Ante, p. 1354 following may be designated by the order or subdivision thereof: “(i) the first day of the calendar quarter in which the certificate is filed, “(ii) the first day of the calendar quarter succeeding such quarter, or “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed. Whenever a date is designated under clause (iii), the election shall apply to services performed before the quarter in which the certificate is filed only if the member performing such services was a member at the time such services were performed and is living on the first day of the quarter in which such certificate is filed. “(B) If a certificate of election filed pursuant to this subsection is effective for one or more calendar quarters prior to the quarter in which such certificate is filed, then— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file 26 USC 6651. tax return), the due date for the return and payment of the tax for such prior calendar quarters resulting from the filing of such certificate shall be the last day of the calendar month following the calendar quarter in which the certificate is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of 3 years from such due date. “(4) Coordination with coverage of lay employees.— Notwithstanding the preceding provisions of this subsection, no certificate of election shall become effective with respect to an order or subdivision thereof, unless— “(A) if at the time the certificate of election is filed a certificate of waiver of exemption under subsection (k) is in effect with respect to such order or subdivision, such order or subdivision amends such certificate of waiver of exemption (in such form and manner as may be prescribed by regulations made under this chapter) to provide that it may not be revoked, or “(B) if at the time, the certificate of election is filed a certificate of waiver of exemption under such subsection is not in effect with respect to such order or subdivision, such order or subdivision files such certificate of waiver of exemption under the provisions of such subsection except that such certificate of waiver of exemption cannot become effective, at a later date than the certificate of election and such certificate of waiver of exemption must specify that such certificate of waiver of exemption may not be revoked. The certificate of waiver of exemption required under this subparagraph shall be filed notwithstanding the provisions of subsection (k) (3).” (c) (1) Section 209 of the Social Security Act is amended by adding at the end thereof the following new paragraph: “Wages.” “For purposes of this title, in any case where an individual is a member of a religious order (as defined in section 3121 (r) (2) of the Ante, p. 1354. Internal Revenue Code of 1954) performing service in the exercise of duties required by such order, and an election of coverage under section 3121(f) of such Code is in effect with respect to such order or with respect to the autonomous subdivision thereof to which such member belongs, the term ‘wages’ shall, subject to the previsions of subsection (a) of this section, include as such individual’s remuneration for such service the fail’ market value of any board, lodging, clothing, and other perquisites furnished to such member by such order or subdivision thereof or by any other person or organization pursuant to an agreement with such order or subdivision, except that the amount included as such individual’s remuneration under this paragraph shall not be less than $100 a month,” (2) Section 3121 (i) of the Internal Revenue Code of 1954 (relating to computation of wages in certain eases) is amended by adding at the end thereof the following new paragraph: “(4) Service performed by certain members of religious orders.— For purposes of this chapter, in any ease, where an individual is a member of a religious order (as defined in subsection (r) (2)) performing service in the exercise of duties required by such order, and an election of coverage under subsection (r) is in effect with respect to such order or with respect to the autonomous subdivision thereof to which such member belongs, the term ‘wages’ shall, subject to the provisions of subsection (a)(1), include as such individual’s remuneration for such service the fair market value of any board, lodging, clothing, and other perquisites furnished to such member by such order or subdivision thereof or by any other person or organization pursuant to an agreement with such order or subdivision, except that the amount included as such individual’s remuneration under this paragraph shall not be less than $100 a month.” Sec. 124. self-employment income of certain individuals temporarily living outside the united states (a) Section 211(a) of the Social Security Act is amended— Ante, p. 1353. (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (9) the following new paragraph: “(10) In the case of an individual who has been a resident of the United States during the entire taxable year, the exclusion from gross income provided by section 911(a) (2) of the Internal Revenue Code of 1954 shall not apply.” 26 USC 911. (b) Section 1402(a) of the Internal Revenue Code of 1954 (relating Ante, p. 1353; Post, p. 1366. to definition of net earnings from self-employment) is amended— (1) by striking out “and” at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (10) the following new paragraph: “(11) in the case of an individual who has been a resident of the United States during the entire taxable year, the exclusion from gross income provided by section 911(a)(2) shall not apply.” (c) The amendments made by this section shall apply with respect Effective date. to taxable years beginning after December 31, 1972. Sec. 125. coverage of federal home loan bank employees (a) The provisions of section 210(a) (6) (B) (ii) of the Social Security Act and section 3121(b) (6)(B)(ii) of the Internal 42 USC 410. 26 USC 3121. Revenue Code of 1954, insofar as they relate to service performed in the employ of a Federal home loan bank, shall be effective— (1) with respect to all service performed in the employ of a Federal home loan bank on and after the first day of the first calendar quarter which begins on or after the date of the enactment of this Act; and (2) in the case of individuals who are in the employ of a Federal home loan bank on such first day, with respect to any service performed in the employ of a. Federal home loan bank after the last day of the sixth calendar year preceding the year in which this Act is enacted; but this paragraph shall be effective only if an amount equal to the taxes imposed by sections 3101 and 3111 of such Code with respect to the services of all such individuals Post, pp. 1362–1364. performed in the employ of Federal home loan banks after the last day of the sixth calendar year preceding the year in which this Act is enacted are paid under the provisions of section 3122 of such Code by July 1, 1973, or by such later date as may be provided Ante, p. 419. in an agreement entered into before such date with the Secretary of the Treasury or his delegate for purposes of this paragraph. (b) Subparagraphs (A)(i) and (B) of section 104(i) (2) of the Repeal. Social Security Amendments of 1956 are repealed. 42 USC 410 note. Sec. 126. policemen and firemen in idaho Section 218 (p) (1) of the Social Security Act is amended by inserting “Idaho,” after “Hawaii,”. Sec. 127. coverage of certain hospital employees in new mexico Notwithstanding any provisions of section 218 of the Social Security Act, the Agreement with the State of New Mexico heretofore entered into pursuant to such section may at the option of such State be modified at any time prior to the first day of the fourth month after the month in which this Act is enacted, so as to apply to the services of employees of a hospital which is an integral part of a political subdivision to which an agreement under this section has not been made applicable, as a separate coverage group within the meaning of section 218(b) (5) of such Act, but only if such hospital has prior to 1966 withdrawn from a retirement system which had been applicable to the employees of such hospital. Sec. 128. coverage of certain employees of the government of guam (a) Section 210(a)(7) of the Social Security Act is amended by striking out “or” at the end of subparagraph (C), by striking out the semicolon at the end of subparagraph (I)) and inserting in lieu thereof “, or”, and by adding at the end thereof the following new subparagraph: “(E) service performed in the employ of the Government of Guam (or any instrumentality which is wholly owned by such Government) by an employee properly classified as a temporary or intermittent employee, if such service is not covered by a retirement system established by a law of Guam; except that (i) the provisions of this subparagraph shall not be applicable to services performed by an elected official or a member of the legislature or in a hospital or penal institution by a patient or inmate thereof, and (ii) for purposes of this subparagraph, clauses (i) and (ii) of subparagraph (C) shall apply;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of subparagraph (B), by striking out the semicolon at the end of subparagraph (C) and inserting in lieu thereof “, or”, and by adding at the end thereof the following new subparagraph: “(D) service performed in the employ of the Government of Guam (or any instrumentality which is wholly owned by such Government) by an employee properly classified as a temporary or intermittent employee, if such service is not covered by a retirement system established by a law of Guam; except that (i) the provisions of this subparagraph shall not be applicable to services performed by an elected official or a member of the legislature or in a hospital or penal institution by a patient or inmate thereof, and (ii) for purposes of this subparagraph, clauses (i) and (ii) of subparagraph (B) shall apply;”. (c) The amendments made by this section shall apply with respect to service performed on and after the first day of the first calendar quarter which begins on or after the date of the enactment of this Act. Sec. 129. coverage exclusion of students employed by nonprofit organizations auxiliary to schools, colleges, and universities (a) (1) Section 210(a) (10) (B) of the Social Security Act 42 USC 410. is amended to read as follows: “(B) Service performed in the employ of— “(i) a school, college., or university, or “(ii) an organization described in section 509(a)(3) of the Internal Revenue Code of 1954 if the organization is 26 USC 509. organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of a school, college, or university and is operated, supervised, or controlled by or in connection with such school, college, or university, unless it is a school, college, or university of a State or a political subdivision thereof and the services in its employ performed by a student referred to in section 218(c)(5) are covered under the agreement 42 USC 418. between the Secretary of Health, Education, and Welfare and such State entered into pursuant to section 218; if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university;”. (2) Section 3121(b) (10) (B) of the Internal Revenue Code of 1954 is amended to read as follows: 68A Stat. 417; 68 Stat. 1091. 26 USC 3121. “(B) service performed in the employ of— “(i) a school, college, or university, or “(ii) an organization described in section 509(a) (3) if the organization is organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of a school, college, or university and is operated, supervised, or controlled by or in connection with such school, college, or university, unless it is a school, college, or university of a State or a political subdivision thereof and the services performed in its employ by a student referred to in section 218(c)(5) of the Social Security Act are covered under the agreement between the Secretary of Health, Education, and Welfare and such State entered into pursuant to section 218 of such Act; if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university;”. (b) The amendments made by subsection (a) shall apply to services Effective date. performed after December 31, 1972. Sec. 130. penalty for furnishing false information to obtain social security account number for deceptive practices involving social security account numbers (a) Section 208 of the Social Security Act is amended by 72 Stat. 1034. 42 USC 408. adding “or” after the semicolon at the end of subsection (e), and by inserting after subsection (e) the following new subsections: “(f) willfully, knowingly, and with intent to deceive the Secretary as to his true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Secretary with respect to any information required by the Secretary in connection with the establishment and maintenance of the records provided for in section 205(c) (2); or Post, p. 1364. “(g) for the purpose of causing an increase in any payment authorized under this title (or any other program financed in whole or in part from Federal funds), or for the purpose of causing a payment under this title (or any such other program) to be made when no payment is authorized thereunder, or for the purpose of obtaining (for himself or any other person) any payment or any other benefit to which he (or such other person) is not entitled— “(1) willfully, knowingly, and with intent to deceive, uses a social security account number, assigned by the Secretary (in the Post, 1364. exercise of his authority under section 205(c) (2) to establish and maintain records) on the basis of false information furnished to the Secretary by him or by any other person; or “(2) with intent to deceive, falsely represents a number to be the social security account number assigned by the Secretary to him or to another person, when in fact such number is not the social security account number assigned by the Secretary to him or to such other person;”. (b) The amendments made by subsection (a) shall apply with respect to information furnished to the Secretary after the date of the enactment of this Act. Sec. 131. increase of amounts in trust funds available to fay costs of rehabilitation services The first sentence of section 222(d)(1) of the Social 79 Stat. 408; Ante, p. 1343. Security Act (as amended by section 107(b) (4) of this Act) is further amended by striking out “except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits under section 202(d) for children who have attained age 18 and are under a disability” and inserting in lieu thereof the following: “except that the total amount so made available pursuant to this subsection may not exceed— “(i) 1 percent in the fiscal year ending June 30, 1972, “(ii) 1.25 percent in the fiscal year ending June 30, 1973. “(iii) 1.5 percent in the fiscal year ending June 30, 1974, and thereafter, Ante, pp. 1343–1347. of the total of the benefits under section 202(d) for children who have attained age 18 and are under a disability”. Sec. 132. acceptance of money gifts made unconditionally to social security (a) The second sentence of section 201(a) of the Social 42 USC 401. Security Act is amended by inserting after “in addition,” the following: “such gifts and bequests as may be made as provided in subsection Infra. (i)(1), and”. (b) The second sentence of section 201(b) of such Act is amended by inserting after “consist of” the following: “such gifts and bequests as may be made as provided in subsection (i) (1), and”. (c) Section 201 of such Act is further amended by adding after subsection (h) the following new subsection: “(i) (1) The Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to any one or more of such Trust Funds or to the Department of Health, Education, and Welfare, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds. “(2) Any such gift, accepted pursuant to the authority granted in paragraph (1) of this subsection shall be deposited in— “(A) the specific trust fund designated by the donor or “(B) if the donor has not so designated, the Federal Old-Age and Survivors Insurance Trust Fund.” (d) The second sentence of section 1817(a) of such Act is amended 79 Stat. 299. 42 USC 1395i. by inserting after “consist of” and before “such amounts” the following: “such gifts and bequests as may be made as provided in section 201 (i) (1), and”. Ante, p. 1360. (e) The second sentence of section 1841(a) of such Act is amended 42 USC 1395t. by inserting after “consist of” and before “such amounts” the following: “such gifts and bequests as may be made as provided in section 201(i)(1), and”. (f) The amendments made by this section shall apply with respect Effective date. to sifts and bequests received after the date of enactment, of this Act. (g) For the purpose of Federal income, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical insurance Trust Fund, or to the Department of Health, Education, and Welfare, or any part, or officer thereof, for the benefit of any of such Funds or any activity financed through any of such Funds, which is accepted by the Managing Trustee of such Trust Funds under the authority of section 201 (i) of the Social Security Act, shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes. Sec. 133. payment in certain cases of disability insurance benefits with respect to certain periods of disability (a) If an individual would (upon the timely filing of an application for a disability determination under section 216(i) of the Social Security Act and of an application for disability insurance Ante, pp. 1341, 1350, 1351. benefits under section 223 of such Act) have been entitled to disability insurance benefits under such section 223 for a period which began after 1959 and ended prior to 1964, such individual shall, upon filing application for disability insurance benefits under such section 223 with respect to such period not later than 6 months after the date of enactment of this section, be entitled, notwithstanding any other provision of title II of the Social Security Act, to receive in a lump sum, as disability 42 USC 401. insurance benefits payable under section 223, an amount equal to the total amounts of disability insurance benefits which would have been payable to him for such period if he had timely filed such an application for a disability determination and such an application for disability insurance benefits with respect to such period; but only if— (1) prior to the date of enactment of this section and after the date of enactment of the Social Security Amendments of 1967, 42 USC 302 note. such period was determined (under section 216 (i) of the Social Ante, pp. 1341, 1350, 1351. Security Act) to be a period of disability as to such individual; and (2) the application giving rise to the determination (under such section 216 (i)) that such period is a period of disability as to such individual would not have been accepted as an application for such a determination except for the provisions of section 216(i) (b) No payment shall be made to any individual by reason of the provisions of subsection (a) except upon the basis of an application filed after the date of enactment of this section. Sec. 134. recomputation of benefits based on combined railroad and social security earnings (a) Section 215(f) of the Social Security Act is amended— (1) by striking out subparagraph (B) of paragraph (2) and inserting in lieu thereof the following: “(B) in the case of an individual who died in such year, for monthly benefits beginning with benefits for the month in which he died.”; and (2) by adding at the end the following new paragraph: “(6) Upon the death after 1967 of an individual entitled to benefits Ante, p. 1340. Ante, pp. 1350, 1351. under section 202(a) or section 223, if any person is entitled to monthly benefits or a lump-sum death payment, on the wages and self-employment income of such individual, the Secretary shall recompute the decedent’s primary insurance amount, but only if the decedent during his lifetime was paid compensation which was treated under 42 USC 405. 81 Stat. 864; Post, p. 1369. 42 USC 415. section 205(o) as remuneration for employment.” (b) Section 215(d)(2) of such Act is amended by inserting “or (6)” before the period at the end thereof. Sec. 135. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 79 Stat. 394; 81 Stat. 835. 26 USC 1401. 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended— (A) by striking out “1978” in paragraph (3) and inserting in lieu thereof “1973”; and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(a) of such Code (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended (A) by striking out “any of the calendar years 1971 through 1977” and inserting in lieu thereof “the calendar years 1971 and 1972” and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) with respect to wages received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent; “(5) with respect to wages received during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and “(6) with respect to wages received after December 31, 2010, the rate shall be 5.85 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers Ante, p. 421. for purposes of old-age, survivors, and disability insurance) is amended (A) by striking out “any of the calendar years 1971 through 1977” and inserting in lieu thereof “the calendar years 1971 and 1972” and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) with respect to wages paid during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent; “(5) with respect to wages paid during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and “(6) with respect to wages paid after December 31, 2010, the rate shall be 5.85 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on Ante, p. 421. self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1978, the tax shall be equal to 1.0 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1977, and before January 1, 1981, the tax shall be equal to 1.25 percent of the amount of the self-employment income for such taxable year; “(4) in the ease of any taxable year beginning after December 31, 1980, and before January 1, 1986, the tax shall be equal to 1.35 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1985, the tax shall be equal to 1.45 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(b) of such Code (relating to rate of tax on Ante, p. 421. employees for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) with respect to wages received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 1.0 percent; “(3) with respect to wages received during the calendar years 1978, 1979, and 1980, the rate shall be 1.25 percent; “(4) with respect to wages received during the calendar years 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent; and “(5) with respect to wages received after December 31, 1985, the rate shall be 1.45 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) with respect to wages paid during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 1.0 percent; “(3) with respect to wages paid during the calendar years 1978, 1979, and 1980, the rate shall be 1.25 percent; “(4) with respect to wages paid during the calendar years 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent; and “(5) with respect to wages paid after December 31, 1985, the rate shall be 1.45 percent.” (c) The amendments made by subsections (a)(1) and (b) (1) shall apply only with respect to taxable years beginning after December 31, 1972. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1972. Sec. 136. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended— (1) by striking out “(E) 1.0” and inserting in lieu thereof (2) by striking out “(F) 1.1” and inserting in lieu thereof “(F) 1.15”, and (3) by striking out “(G) 1.4” and inserting in lieu thereof “(G) 1.5”. (b) Section 201(b) (2) of such Act is amended— (1) by striking out “(E) 0.75” and inserting in lieu thereof “(E) 0.795”, (2) by striking out “(F) 0.825” and inserting in lieu thereof “(F) 0.84”, and (3) by striking out “(G) 0.915” and inserting in lieu thereof “(G) 0.895”. Sec. 137. method of issuance of social security account numbers Section 205(c) (2) of the Social Security Act is amended— (1) by inserting “(A)” immediately after “(2)”; and (2) by adding at the end thereof the following new subparagraph: “(B) (i) In carrying out his duties under subparagraph (A), the Secretary shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned): “(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so changed as to make it lawful for them to engage in such employment; “(II) to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person; and “(III) to any other individual when it appears that he could have been but was not assigned an account number under the provisions of subclauses (I) or (II) but only after such investigation as is necessary to establish to the satisfaction of the Secretary, the identity of such individual, the fact that an account number has not already been assigned to such individual, and the fact that such individual is a citizen or a noncitizen who is not, because of his alien status, prohibited from engaging in employment; and, in carrying out such duties, the Secretary is authorized to take affirmative measures to assure the issuance of social security numbers: “(IV) to or on behalf of children who are below school age at the request of their parents or guardians; and “(V) to children of school age at the time of their first enrollment in school. “(ii) The Secretary shall require of applicants for social security account numbers such evidence as may be necessary to establish the age, citizenship, or alien status, and true identity of such applicants, and to determine which (if any) social security account number has previously been assigned to such individual. “(iii) In carrying out the requirements of this subparagraph, the Secretary shall enter into such agreements as may be necessary with the Attorney General and other officials and with State and local welfare agencies and school authorities (including non-public school authorities).” Sec. 138. payments by employer to disabled former employee (a) Section 209 of the Social Security Act (as amended by section 122(a) of this Act) is further amended by striking out “or” Ante, p. 1354. at the end of subsection (m), by striking out the period at the end of subsection (n) and inserting in lieu thereof “; or”, and by inserting after subsection (n) the following new subsection: “(o) Any payment made by an employer to an employee, if at the time such payment is made such employee is entitled to disability insurance benefits under section 223(a) and such entitlement commenced Ante, p. 1351. prior to the calendar year in which such payment is made, and if such employee did not perform any services for such employer during the period for which such payment is made.” (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages, and as amended by section 122(b) of this Act) Ante, p. 1354. is further amended by striking out “or” at the end of paragraph (13), by striking out the period at the end of paragraph (14) and inserting in lieu thereof “; or”, and by inserting after paragraph (14) the following new paragraph: “(15) any payment made by an employer to an employee, if at the time such payment is made such employee is entitled to disability insurance benefits under section 223(a) of the Social Security Act and such entitlement commenced prior to the cal-endar year in which such payment is made, and if such employee did not perform any services for such employer during the period for which such payment is made.” (c) The amendments made by this section shall apply in the case of any payment made after December 1972. Sec. 139. termination of coverage of registrars of voters in louisiana (a) Notwithstanding the provisions of section 218(g) (1) 64 Stat. 514. 42 USC 418. of the Social Security Act, the Secretary may, under such conditions as he deems appropriate, permit the State of Louisiana to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of all employees who are in positions under the Registrars of Voters Employees’ Retirement System, effective after December 1975, but only if such State files with him notice of termination on or before December 31, 1973. (b) If the coverage of such employees in positions under such retirement system is terminated pursuant to subsection (a), coverage cannot later be extended to employees in positions under such retirement system. Sec. 140. computation of income of american ministers and members of religious orders performing services outside the united states (a) Section 211(a)(7) of the Social Security Act is amended— (1) by striking out “and section 119” and inserting in lieu thereof “, section 119”; (2) by striking out “of the Internal Revenue Code of 1974 and, in addition, if he is a citizen of the United States performing such service as an employee of an American employer (as defined 42 USC 410. in section 210(e)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States, without regard to” and inserting in lieu thereof a comma; and (3) by striking out “such Code” and inserting in lieu thereof “the Internal Revenue Code of 1054”. (b) Section 1402 (a) (8) of the Internal Revenue Code is amended— (1) by striking out “and section 119” and inserting in lieu thereof “,section 119”; and (2) by striking out “and, in addition, if he is a citizen of the United States performing such service as an employee of an American employer (as defined in section 3121(h)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States, without regard to” and inserting in lieu thereof a comma. (c) The. amendments made by this section shall apply with respect to taxable years beginning after December 31, 1972. Sec. 141. modification of state agreements with respect to certain students and certain part-time employees (a) Notwithstanding any provision of section 218 of the 42 USC 418. Social Security Act, the agreement with any State (or any modifications thereof) entered into pursuant to such section may, at the option of such State, be modified at any time prior to January 1, 1974, so as to exclude either or both of the following: (1) service in any class or classes of part-time positions; or (2) service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university. (b) Any modification of such agreement pursuant to this section Effective date. shall be effective with respect to services performed after the end of the calendar quarter following the calendar quarter in which such agreement is modified. (c) If any such modification terminates coverage with respect to service in any class or classes of part-time positions in any coverage group, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to service in such positions in such coverage group; if such modification terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university. Sec. 142. benefits in case of certain individuals interned during world war ii (a) Title II of the Social Security Act (as amended by this Act) is amended by adding at the end thereof a new section as 42 USC 401. follows: “Sec. 231. “benefits in case of certain individuals interned during world war ii (a) For the purposes of this section the term ‘internee’ “Internee.” means an individual who was interned during any period of time from December 7, 1941, through December 31, 1946, at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry. “(b) (1) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(f) (3), such individual shall be deemed to have Ante, p. 1350. been paid during any period after he attained age 18 and for which he was an internee, wages (in addition to any wages actually paid to him) at a weekly rate of basic pay during such period as follows— “(A) in the case such individual was not employed prior to the beginning of such period, 40 multiplied by the minimum hourly rate or rates in effect at any such time under section 206(a) (1) of title 29, United States Code, for each full week during such 80 Stat. 838. period; and “(B) in the case such individual who was employed prior to the beginning of such period, 40 multiplied by the greater of (i) the highest hourly rate received during any such employment, or (ii) the minimum hourly rate or rates in effect at any such time under section 206(a) (1) of title 29, United States Code, for each full week during such period. “(2) This subsection shall not be applicable in the case of any monthly benefit or lump-sum death payment if— “(A) a larger such benefit or payment, as the ease may be, would be payable without its application; or “(B) a benefit (other than a benefit payable in a lump-sum unless it is a commutation of, or a substitute for, periodic payments) which is based, in whole or in part, upon internment during any period from December 7, 1941, through December 31, 1946, at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry, is determined by any agency or wholly owned instrumentality of the United States to be payable by it under any other law of the United States or under a system established by such agency or instrumentality. Nonapplicability. The provisions of clause (B) shall not apply in the case of any monthly benefit or lump-sum death payment under this title if its application would reduce by $0.50 or less the primary insurance amount (as computed under section 215 prior to any recomputation Ante, pp. 1333, 1334, 1362. thereof pursuant to subsection (f) of such section) of the individual on whose wages and self-employment income such benefit or payment is based. The provisions of clause (B) shall also not apply for purposes Ante, p. 1350. of section 216(i) (3). “(3) Upon application for benefits, a recalculation of benefits (by reason of this section), or a lump-sum death payment on the basis of the wages and self-employment income of any individual who was an internee, the Secretary of Health, Education, and Welfare shall accept the certification of the Secretary of Defense or his designee concerning any period of time for which an internee is to receive credit under paragraph (1) and shall make a decision without regard to clause (B) of paragraph (2) of this subsection unless he has been notified by some other agency or instrumentality of the United States that, on the basis of the period for which such individual was an internee, a benefit described in clause (B) of paragraph (2) has been determined by such agency or instrumentality to be payable by it. If the Secretary of Health, Education, and Welfare has not been so notified, he shall then ascertain whether some other agency or wholly owned instrumentality of the United States has decided that a benefit described in clause (B) of paragraph (2) is payable by it. If any such agency or instrumentality has decided, or thereafter decides, that such a benefit is payable by it, it shall so notify the Secretary of Health, Education, and Welfare, and the Secretary shall certify no further benefits for payment or shall recompute the amount of any further benefits payable, as may be required by this section. “(4) Any agency or wholly owned instrumentality of the United States which is authorized by any law of the United States to pay benefits, or has a system of benefits which are based, in whole or in part, on any period for which any individual was an internee shall, at the request of the Secretary of Health. Education, and Welfare, certify to him, with respect to any individual who was an internee, such information as the Secretary deems necessary to carry out his functions under paragraph (3) of this subsection. “(c) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund for the fiscal year ending June 30, 1978, such sums as the Secretary determines would place the Trust Funds and the Federal Hospital Insurance Trust Fund in the position in which they would have been if the preceding provisions of this section had not been enacted.” (b) Section 215(d) (1) (C) of such Act is amended by striking out “and” at the end of clause (ii), by striking out the period at the end of clause (iii), and inserting in lieu thereof “, and”, and by inserting after clause (iii) the following new clause: “(iv) wages deemed paid prior to 1951 to such individual under section 231.”. (c) Section 215(d) (2) of such Act (as amended by section 134 of this Act) is further amended by striking out the period at the end Ante, p. 1362. 42 USC 415. thereof and inserting in lieu thereof “or section 231.”. Sec. 143. modification of agreement with west virginia to provide coverage for certain policemen and firemen (a) Notwithstanding the provisions of subsection (d)(5) (A) of section 218 of the Social Security Act and the references thereto 42 USC 418. in subsections (d) (1) and (d) (3) of such section 218, the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 may, at any time prior to 1974, be modified pursuant to subsection (c) (4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions covered by a retirement system on the date of the enactment of this Act by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia 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. (b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act, any modification in the agreement with the State of West. Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to— (1) all services performed by such individual, in any policeman’s or fireman’s position to which the modification relates, on or after the date of the enactment of this Act; and (2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 at the time or times established pursuant to such subsection (e)(1), if and to the extent that— (A) no refund of the sums so paid has been obtained, or (B) a refund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare. Sec. 144. perfecting amendments related to the 20-percent increase provision enacted in public law 92–336 (a) (1) The table in section 215(a) of the Social Security Act (as inserted by section 201 (a) of Public Law 92–336) is amended— Ante, p. 406. (A) in column II of such table, by striking out “251.40” and inserting in lieu thereof “254.40”, and (B) in column III of such table, by striking out “699” and inserting in lieu thereof “696”. (2) Section 203(a)(2)(B) of such Act (as amended by section Ante, p. 410. 201(b) of Public Law 92–336) is amended by striking out “for each person” and inserting in lieu thereof “for each such person”. (3) Section 203(a)(2)(C) of such Act (as amended by section Ante, p. 415. 202(a)(2)(B) of Public Law 92–336) is amended by striking out “month including” and inserting in lieu thereof “month (including”. (4) Section 230(b) (2) of such Act (as added by section 202(b) (1) Ante, p. 417. of Public Law 92–336) is amended by striking out “or” at the end of clause (A) and inserting in lieu thereof “of”. (b) The amendments made by each of the paragraphs in subsection (a) shall be effective in like manner as if such amendment had been Ante, p. 406. included in title II of Public Law 92–336 in the particular provision of such title referred to in such paragraph. (c) Section 203(b) (6) of Public Law 92–336 is amended, effective. July 1, 1972, by striking out “Section 6413(a) (2) (A)” and inserting 26 USC 6413. in lieu thereof “Section 6413 (c) (2) (A)”. Sec. 145. elimination of duration-of-relationship requirement in certain cases involving survivor benefits (where insured’s death was accidental or occurred in line of duty while he was a serviceman) (a) The first sentence of section 216(k) of the Social Ante, p. 1349 Security Act (as amended by section 115 of this Act) is further amended— (1) by striking out “and he would satisfy such requirement if a three-month period were substituted for the nine-month period” and inserting in lieu thereof “unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months”; and (2) by striking out “except that this subsection shall not apply” and inserting in lieu thereof “except that paragraph (2) of this subsection shall not apply”. (b) The amendments made by this section shall apply only with 42 USC 401. respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted.
1972
Social Security Amendments of 1972
Pub. L. 92–603 title I · 86 Stat. 1329
1. Amended · 42 U.S.C. § 416(k)
  Pub. L. 92–603, §§ 115(b), 145(a), designated existing pars. (1) and (2) as subpars. (A) and (B) of par. (1)
2. Redesignated · 42 U.S.C. § 416(k)
  Pub. L. 92–603, §§ 115(b), 145(a), added par. (2), in par. (1), as so redesignated
3. Substituted · 42 U.S.C. § 416(k)
  Pub. L. 92–603, §§ 115(b), 145(a), substituted “unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months” for “and he would satisfy such requirement if a three-month period were substituted for the nine-month period”
4. Substituted · 42 U.S.C. § 416(k)
  Pub. L. 92–603, §§ 115(b), 145(a), substituted “except that paragraph (2) of this subsection shall not apply” for “except that this subsection shall not apply”
Source evidence
Code amendment note
Subsec. (k). Pub. L. 92–603, §§ 115(b), 145(a), designated existing pars. (1) and (2) as subpars. (A) and (B) of par. (1), added par. (2), in par. (1), as so redesignated, substituted “unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months” for “and he would satisfy such requirement if a three-month period were substituted for the nine-month period”, and in material following par. (2) substituted “except that paragraph (2) of this subsection shall not apply” for “except that this subsection shall not apply”.
Enacted provision · exact public law
TITLE I— PROVISIONS RELATING TO OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE Sec. 101. special minimum primary insurance amount (a) Section 215 (a) of the Social Security Act is amended— Ante, p. 410. (1) by striking out “paragraph (2)” in the matter preceding subparagraph (A) of paragraph (1) and inserting in lieu thereof “paragraphs (2) and (3)”;, and (2) by inserting after paragraph (2) the following: “(3) Such primary insurance amount shall be an amount equal to $8.50 multiplied by the individual’s years of coverage in excess of 10 in any case in which such amount is higher than the individual’s primary insurance amount as determined under paragraph (1) or (2). For purposes of paragraph (3), an individual’s ‘years of coverage’ “Years of coverage.” is the number (not exceeding 30) equal to the sum of (i) the number (not exceeding 14 and disregarding any fraction) determined by dividing the total of the wages credited to him (including wages deemed to be paid prior to 1951 to such individual under section 217, 64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. compensation under the Railroad Retirement Act of 1937 prior to 1951 which is creditable to such individual pursuant to this title, and wages deemed to be paid prior to 1951 to such individual under section 231) Post, p. 1367. for years after 1936 and before 1951 by $900, plus (ii) the number equal to the number of years after 1950 each of which is a computation base year (within the meaning of subsection (b) (2) (C)) and in each of which he is credited with wages (including wages deemed to be 64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. Post, p. 1352. paid to such individual under section 217, compensation under the Railroad Retirement Act of 1937 which is creditable to such individual pursuant to this title, and wages deemed to be paid to such individual under section 229) and self-employment income of not less than 25 percent of the maximum amount which, pursuant to subsection (e), may be counted for such year.” (b) Section 203(a) of such Act is amended by striking out “or” at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof “, or”, and by inserting after paragraph (4) the following new paragraph: “(5) whenever the monthly benefits of such individuals are based on an insured individual’s primary insurance amount which Ante, p. 1333. is determined under section 215(a)(3) and such primary insurance amount, does not appear in column IV of the table in (or Ante, p. 406. deemed to be in) section 215(a), the applicable maximum amount in column V of such table shall be the amount in such column that appears on the line on which the next higher primary insurance amount appears in column IV, or, if larger, the largest amount determined for such persons under this subsection for any month prior to October 1972.” (c) Section 215(a) (2) of such Act is amended by striking out “such primary insurance amount shall be” and all that follows and inserting in lieu thereof the following: “such primary insurance amount shall be— “(A) the amount in column IV of such table which is equal to the primary insurance amount upon which such disability insurance benefit is based; except that if such individual was entitled to a disability insurance benefit under 42 USC 423. section 223 for the month before the effective month of a new table (whether enacted by another law or deemed to be such Ante, p. 412. table under subsection (i)(2)(D)) and in the following month became entitled to an old-age insurance benefit, or he died in such following month, then his primary insurance amount for such following month shall be the amount in column IV of the new table on the line on which in column II of such table appeal’s his primary insurance amount for the month before the effective month of the table (as determined Ante, p. 411. under subsection (c)) instead of the amount in column IV equal to the primary insurance amount on which his disability “Primary insurance amount.” insurance benefit is based. For purposes of this paragraph, the term ‘primary insurance amount’ with respect to any individual means only a primary insurance amount determined under paragraph (1) (and such individual’s benefits shall be deemed to be based upon the primary insurance amount as so determined); or “(B) an amount equal to the primary insurance amount upon which such disability insurance benefit, is based if such primary insurance amount was determined under paragraph Ante, p. 1333. (3).” (d) Section 215(f)(2) of such Act is amended by striking out “subsection (a) (1) (A) and (C)” and inserting in lieu thereof “subsections (a)(1) (A) and (C) and (a)(3)”. (e) Section 215(i)(2) (A) (ii) of such Act is amended by striking out “under this title” and inserting in lieu thereof “under this title (but not including a primary insurance amount determined under subsection (a)(3) of this section)”. (f) Whenever an insured individual is entitled to benefits for a month which are based on a primary insurance amount under paragraph (1) or paragraph (3) of section 215(a) of the Social Security Act and for the following month such primary insurance amount is Ante, p. 1333. increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215(a), such individual’s old-age or disability insurance benefit (beginning Ante, p. 410. with the effective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insurance amount and the primary insurance amount on which such benefit was based for the month prior to such effective month, after the application of section 202(g) of such Act where applicable, to such difference. Post, pp. 1336–1338. Effective date. 53 Stat. 1362. 42 USC 401. (g) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for months after December 1972 (without regard to when the insured individual became entitled to such benefits or when he died) and with respect to lump-sum death payments under such title in the case of deaths occurring after such month. Sec. 102. increased widows and widower’s insurance benefits (a) (1) Section 202(e)(1) of the Social Security Act is 79 Stat. 376; 81 Stat. 828; Post, p. 1348. 42 USC 402. amended— (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “entitled, after attainment of age 62, to wife’s insurance benefits,” in subparagraph (C) (i) and inserting in lieu thereof “entitled to wife’s insurance benefits,” and by striking out “or” at the end of clause (i) in such subparagraph and inserting in lieu thereof “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223, or”; and 42 USC 423. (C) by striking out “age 62” in subparagraph (C) (ii), and in the matter following subparagraph (G), and inserting in lieu thereof in each instance “age 65”. (2) Paragraph (2) of section 202(e) of such Act is amended to read as follows: “(2) (A) Except as provided in subsection (q), paragraph (4) of this subsection, and subparagraph (B) of this paragraph, such widow’s 75 Stat. 131; 79 Stat. 368. insurance benefit for each month shall be equal to the primary insurance amount of such deceased individual. “(B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow’s insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow’s insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living, and “(ii) 82½ percent of the primary insurance amount of such deceased individual, be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (b) (1) Section 202(f) (1) of such Act is amended— 64 Stat. 485; 81 Stat. 829; Post, p. 1336. (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “died.” in subparagraph (C) and inserting in lieu thereof “died, and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223,”; and (C) by striking out “age 62” in the matter following subparagraph (G) and inserting in lieu thereof “age 65”. (2) Paragraph (3) of section 202(f) of such Act is amended to read as follows: “(3) (A) Except as provided in subsection (q), paragraph (5) of this subsection, and subparagraph (B) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount of his deceased wife. “(B) If the deceased wife (on the basis of whose wages and self-employment income a widower is entitled to widower’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower’s insurance benefit of such widower for any month shall, if the amount of the widower’s insurance benefit of such widower (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased wife would have been entitled (after application of subsection (q)) for such month if such wife were still living; and “(ii) 82½ percent of the primary insurance amount of such deceased wife; be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (c) (1) The last sentence of section 203(c) of such Act is amended by striking out all that follows the semicolon and inserting in lieu thereof the following: “nor shall any deduction be made under this subsection from any widow’s insurance benefits for any month in which the widow or surviving divorced wife is entitled and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 65 (but only if he became so entitled prior to attaining age 62).” (2) Clause (D) of section 203(f) (1) of such Act is amended to read as follows: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or widower’s insurance benefits and has not attained age 65 (but only if he became so entitled prior to attaining age 62), or”. (d) Section 202(k) (3) (A) of such Act is amended by striking out “subsection (q) and” and inserting in lieu thereof “subsection (q), subsection (e)(2) or (f)(3), and”. (e) (1) Section 202(q) (1) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(A) 59 of 1 percent of such amount if such benefit is an old-age insurance benefit, 2536 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, or 1940 of 1 percent of such amount if such benefit is a widow’s or widower’s insurance benefit, multiplied by— “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6) (A)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), Infra. if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age; and in the case of a widow or widower whose first, month of entitlement to a widow’s or widower’s insurance benefit is a month before the month in which such widow or widower attains age 60, such benefit, reduced pursuant to the preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), 75 Stat. 131; 79 Stat. 368. 42 USC 402. shall be, further reduced by— “(C) 43240 of 1 percent of the amount of such benefit, multiplied by— “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6) (B)), if 81 Stat. 831. such benefit is for a month before the month in which such individual attains age 62, or “(ii) if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains age 62 or any month thereafter.” (2) Section 202(q)(3) of such Act is amended— 75 Stat. 131; 79 Stat. 368, 369, 374. (A) by striking out clause (ii) of subparagraph (E) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (B) by striking out clause (ii) of subparagraph (F) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (C) by striking out “had such individual attained age 62 in” in subparagraph (G) and inserting in lieu thereof “as if the, period specified in paragraph (6) (A) (or, if such paragraph does not apply, the period specified in paragraph (6) (B)) ended with the month before”. (3) Section 202(q) (7) of such Act is amended— (A) by striking out everything that precedes subparagraph (A) and inserting in lieu thereof the following: “(7) For purposes of this subsection the ‘adjusted reduction period’ “Adjusted reduction period.” for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the reduction period prescribed in paragraph (6) (A) for such benefit, and the ‘additional adjusted reduction period’ “Additional adjusted reduction period.” for an individual’s, widow’s, or widower’s insurance benefit is the additional reduction period prescribed by paragraph (6) (B) for such benefit, excluding from each such period—”; and (B) by striking out “attained retirement age” in subparagraph (E) and inserting in lieu thereof “attained age 62, and also for any later month before the month in which he attained retirement age,”. (4) Section 202(q) (9) of such Act is amended to read as follows: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65.” (5) Section 202(q) (3) of such Act is amended by adding at the end thereof the following new subparagraph: “(H) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow’s or widower’s insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for a month before she or he became entitled to a widow’s or widower’s benefit, the reduction in such widow’s or widower’s insurance benefit, shall be determined under paragraph (1).” (f) Section 202 (m) of such Act is amended to read as follows: “(m) “Minimum Survivor’s Benefit (1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of the wages and self-employment income of a deceased individual for any month and no other 64 Stat. 487. person is (without the application of subsection (j) (1)) entitled to a monthly benefit under this section for such month on the basis of such wages and self-employment income, such individual’s benefit amount Ante, p. 1336. for such month, prior to reduction under subsection (k) (3), shall be not less than the first amount appearing in column IV of the table Ante, p. 406. in (or deemed to be in) section 215(a), except as provided in paragraph (2). “(2) In the case of any such individual who is entitled to a monthly Ante, pp. 1335, 1336. benefit under subsection (e) or (f), such individual’s benefit amount, after reduction under subsection (q) (1), shall be not less than— “(A) $84.50, if his first, month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or “(B) $84.50 reduced under subsection (g)(1) as if retirement 81 Stat. 831. age as specified in subsection (q) (6) (A) (ii) were age 62 instead Supra. of the age specified in subsection (q) (9), if his first month of entitlement to such benefit is before the month in which he attained age 62. “(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) for a month prior to any month after 1972 for which a general benefit Ante, p. 412. increase under this title (as defined in section 215(i) (3)) or a benefit increase under section 215 (i) becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q)(1) pursuant to paragraph (2)(B) 75 Stat. 131; 79 Stat. 368. and subsection (q) (4).” (g) (1) In the case of an individual who is entitled to widow’s or widower’s insurance benefits for the month of December 1972 the Secretary shall, if it would increase such benefits, redetermine the amount of such benefits for months after December 1972 under title II 53 Stat. 1362. 42 USC 401. of the Social Security Act as if the amendments made by this section had been in effect for the first month of such individual’s entitlement to such benefits. (2) For purposes of paragraph (1)— (A) any deceased individual on whose wages and self-employment income the benefits of an individual referred to in paragraph (1) are based, shall be deemed not to have been entitled to benefits if the record, of insured individuals who were entitled to benefits, that is readily available, to the Secretary contains no entry for such deceased individual; and (B) any deductions under subsections (b) and (c) of section 203 of such Act., applicable to the benefits of an individual 74 Stat. 953. 42 USC 403. referred to in paragraph (1) for any month prior to September 1965, shall be disregarded in applying the provisions of section 202(q) (7) of such Act (as amended by this Act). Ante, p. 1337. (h) Where— (1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act for December 1972 on the 64 Stat. 482. basis of the wages and self-employment, income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and Ante, pp. 1335, 1336. (2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1973, and (3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but 72 Stat. 1017; Ante, p. 410. for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1972 shall in no case be less after the application of this section and such section 203 (a) than the amount it would have been without the application of this section. (i) The amendments made by this section shall apply with respect Effective date. to monthly benefits under title II of the Social Security Act for months 53 Stat. 1362. 42 USC 401. after December 1972. Sec. 103. delayed retirement credit (a) Section 202 of the Social Security Act is amended by 64 Stat. 482; 79 Stat. 392. adding after subsection (v) thereof the following: “(w) “Increase in Old-Age Insurance Benefit Amounts on Account of Delayed Retirement (1) If the first month for which an old-age insurance benefit becomes payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q)), the amount of the old-age Ante, pp. 1336–1338. insurance benefit (other than a benefit based on a primary insurance amount determined under section 215(a) (3)) which is payable without Ante, p. 1333. regard to this subsection to such individual shall be increased by— “(A) 112 of 1 percent of such amount, multiplied by “(B) the number (if any) of the increment, months for such individual. “(2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months— “(A) which have elapsed after the month before the month in which such individual attained age 65 or (if later) December 1970 and prior to the month in which such individual attained age 72, and “(B) with respect to which— “(i) such individual was a fully insured individual (as Infra. defined in section 214 (a)), and “(ii) such individual either was not entitled to an old-age insurance benefit or suffered deductions under section 203 (b) 74 Stat. 953. 42 USC 403. or 203 (c) in amounts equal to the amount of such benefit. “(3) For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual’s increment months through the year for which the determination is made and the total so determined shall be applicable to such individual’s old-age insurance benefits beginning with benefits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 72 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit beginning with the month in which he attains such age. “(4) This subsection shall be applied after reduction under section 203(a).” (b) The matter following paragraph (3) of section 202(a) of such 70 Stat. 818. 42 USC 202. Act is amended by inserting “and subsection (w)” after “subsection (q)”. (c) Effective January 1, 1974, section 203(a) (2) (C) of such Act is amended by striking out “determined under this title” and inserting in lieu thereof “determined under this title (excluding any part thereof Ante, p. 1339 determined under section 202 (w))”. (d) The amendments made by this section shall be applicable with respect to old-age insurance benefits payable under title II of the 53 Stat. 1362. 42 USC 401. Social Security Act for months beginning after 1972. Sec. 104. age-62 computation point for men (a) Section 214(a)(1) of the Social Security Act is amended by striking out “before—” and all that follows down through “except” and inserting in lieu thereof the following: “before the year in which he died or (if earlier) the year in which he attained age 62, except”. (b) Section 215(b)(3) of such Act is amended by striking out “before—” and all that follows down through “For” and inserting in lieu thereof the following: “before the year in which he died, or if it occurred earlier but after 1960, the year in which he attained age 62. For”. (c) Section 223(a) (2) of such Act is amended— (1) by striking out “(if a woman) or age 65 (if a man)”, (2) by striking out “in the case of a woman” and inserting in lieu thereof “in the case of an individual”, and (3) by striking out “she” and inserting in lieu thereof “he”. (d) Section 223(c) (1) (A) of such Act is amended by striking out “(if a woman) or age 65 (if a man)”. (e) Section 227(a) of such Act is amended by striking out “so much of paragraph (1) of section 214(a) as follows clause (C)” and inserting in lieu thereof “paragraph (1) of section 214(a)”. (f) Section 227 (b) of such Act is amended by striking out “so much of paragraph (1) thereof as follows clause (C)” and inserting Supra. in lieu thereof “paragraph (1) thereof”. (g) Sections 209(i) and 216(i) (3) (A), of such Act are amended 42 USC 409, 416. by striking out “(if a woman) or age 65 (if a man)”. (h) Section 303(g) (1) of the Social Security Amendments of 1960 42 USC 415 note. is amended— (1) by striking out “Amendments of 1965 and 1967” and inserting in lieu thereof “Amendments of 1965, 1967, 1969, and 1972 (and by Public Law 92–5)”; and (2) by striking out “Amendments of 1967” wherever it appears and inserting in lieu thereof “Amendments of 1972”. (i) Paragraph (9) of section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended to read as follows: 70 Stat. 839. 26 USC 3121. “(9) any payment (other than vacation or sick pay) made to an employee after the month in which he attains age 62, if such employee did not work for the employer in the period for which such payment is made;”. (j) (1) The amendments made, by this section (except the amendment Effective dates. made by subsection (i), and the amendment made by subsection (g) to section 209 (i) of the Social Security Act) shall apply only in the case of a man who attains (or would attain) age 62 after December 1974. The amendment made by subsection (i), and the amendment made by subsection (g) to section 209 (i) of the Social Security Act, shall apply only with respect to payments after 1974. (2) In the ease of a man who attains age 62 prior to 1975, the number of his elapsed years for purposes of section 215(b) (3) of the Social Security Act shall be equal to (A) the number determined Ante, p. 1340. under such section as in effect on September 1, 1972, or (B) if less, the number determined as though he attained age 65 in 1975, except that monthly benefits under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months prior to January 1973 payable on the basis of his wages and self-employment income shall be determined as though this section had not been enacted. (3) (A) In the ease of a man who attains or will attain age 62 in 1973, the figure “65” in sections 214(a) (1), 223(c) (1) (A), and 216(i) Ante, p. 1340; Supra. (3) (A) of the Social Security Act shall be deemed to read “64”. (B) In the case of a man who attains or will attain age 62 in 1974, the figure “65” in sections 214(a)(1), 223(c)(1)(A), and 216(i)(3) (A) of the Social Security Act shall be deemed to read “63”. Sec. 105. liberalization and automatic adjustment of earnings test (a) (1) Paragraphs (1) and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$140” and 42 USC 403. inserting in lieu thereof “$175 or the exempt amount as determined under paragraph (8)”. (2) Paragraph (1) (A) of section 203(h) of such Act is amended by striking out “$140” and inserting in lieu thereof “$175 or the exempt amount as determined under subsection (f)(8)”. (3) Paragraph (3) of section 203(f) of such Act is amended to Post, p. 1342. read as follows: “(3) For purposes of paragraph (1) and subsection (h), an individual’s excess earnings for a taxable year shall be. 50 per centum of his earnings for such year in excess of the product of $175 or the exempt amount as determined under paragraph (8), multiplied by the number of months in such year. The excess earnings as derived under the preceding sentence, if not a multiple of $1, shall be reduced to the next lower multiple of $1.” (b) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(8) (A) Whenever the Secretary pursuant to section 215 (i) increases benefits effective with the first month of the calendar year Publication in Federal Register. following a cost-of-living computation quarter, he shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter occurs (along with the publication of such benefit increase as required by section 215 (i) (2) (D)) a new exempt amount which shall be effective (unless such new exempt amount is prevented from becoming effective by subparagraph (C) of this paragraph) with respect to any individual’s taxable year which ends with the close of or after the calendar year with the first month of which such benefit increase is effective (or, in the case of an individual who dies during such calendar year, with respect, to such individual’s taxable year which ends, upon his death, during such year. “(B) The exempt amount for each month of a particular taxable year shall be whichever of the following is the larger— “(i) the exempt amount which was in effect with respect to months in the taxable year in which the determination under subparagraph (A) was made, or “(ii) the product of the exempt amount described in clause (i) and the ratio of (I) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year in which the determination under subparagraph (A) was made to (II) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973, or, if later, the first calendar quarter of the most recent calendar year in which an increase in the contribution and benefit base, was enacted or a determination resulting in such an Ante, p. 417. increase was made under section 230(a), with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such product is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. Estimated increase, notice to congressional committees. Whenever the Secretary determines that the exempt amount is to be increased in any year under this paragraph, he shall notify the House Committee on Ways and Means and the Senate Committee on Finance no later than August 15 of such year of the estimated amount of such increase, indicating the new exempt amount, the actuarial estimates of the effect of the increase, and the actuarial assumptions and methodology used in preparing such estimates. “(C) Notwithstanding the determination of a new exempt amount by the Secretary under subparagraph (A) (and notwithstanding any publication thereof under such subparagraph or any notification thereof under the last sentence of subparagraph (B)), such new exempt amount shall not take effect pursuant thereto if during the calendar year in which such determination is made a law increasing the exempt amount or providing a general benefit increase under this title (as defined in section 215(i) (3)) is enacted.” (c) The amendments made by this section shall apply with respect to taxable years ending after December 1972. Sec. 106. exclusion of certain earnings in year of attaining age 72 (a) The first sentence of section 203(f) (3) of the Social Security Act (as amended by section 105(a)(3) of this Act) is further amended by inserting before the period at the end thereof the following: “, except that, in determining an individual’s excess earnings for the taxable year in which he attains age 72, there shall be excluded any earnings of such individual for the month in which he attains such age and any subsequent month (with any net earnings or net loss from self-employment in such year being prorated in an equitable manner under regulations of the Secretary)”. (b) The amendment made by subsection (a) shall apply with Effective date. respect to taxable years ending after December 1972. Sec. 107. reduced benefits for widowers at age 60 (a) Section 202 (f) of the Social Security Act (as amended by section 102(b) of this Act) is further amended— (1) by striking out “age 62” each place it appears in subparagraph (B) of paragraph (1) and in paragraph (6) and inserting in lieu thereof “age 60”; (2) by striking out “or the third month” in the matter following subparagraph (G) in paragraph (1) and inserting in lieu thereof “or, if he became entitled to such benefits before he attained age 60, the third month”; and (3) by striking out “the age of 62” in paragraph (5) and inserting in lieu thereof “the age of 60”, (b) (1) The last sentence of section 203(c) of such Act (as amended by section 102(c) (1) of this Act) is further amended by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Clause (D) of section 203(f)(1) of such Act as amended by section 102(c)(2) of this Act) is further amended by striking out Ante, p. 1336. “age 62” and inserting in lieu thereof “age 60”. (3) Section 222(b)(1) of such Act is amended by striking out 42 USC 422. “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62” and inserting in lieu thereof “a widow, widower or surviving divorced wife who has not attained age 60”. (4) Section 222(d) (1) (D) of such Act is amended by striking out 81 Stat. 832; Post, p. 1360. “age 62” each place it appears and inserting in lieu thereof “age 60”. (5) Section 225 of such Act is amended by striking out “age 62” and 42 USC 425. inserting in lieu thereof “age 60”. (c) The amendments made by this section shall apply with respect Effective date. to monthly benefits under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months after December 1972, except that in the case of an individual who was not entitled to a monthly benefit under title II of such Act for December 1972 such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 108. entitlement to child’s insurance benefits based on disability which began between age 18 and 22 (a) Clause (ii) of section 202(d)(1)(B) of the Social Security Act is amended by striking out “which began before he 79 Stat. 370. 42 USC 402. attained the age of eighteen” and inserting in lieu thereof “which began before he attained the age of 22”. (b) Subparagraphs (F) and (G) of section 202(d) (1) of such Act are amended to read as follows: “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, but only if he was not under a disability (as so defined) in such earlier month; or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, but only if he was not under a disability (as so defined) in such earlier month.” (c) Section 202(d) (1) of such Act is further amended by adding at the end thereof the following new sentence: “No payment under this paragraph may be made to a child who would not meet the 81 Stat. 868. 42 USC 423. definition of disability in section 223(d) except for paragraph (1) (B) thereof for any month in which he engages in substantial gainful activity.” (d) Section 202(d) (6) of such Act is amended by striking out “in which he is a full-time student and has not attained the age of 22” and all that follows and inserting in lieu thereof “in which he— “(A) (i) is a full-time student or is under a disability (as defined in section 223(d)), and (ii) had not attained the age of 22, or “(B) is under a disability (as so defined) which began before the close of the 84th month following the month in which his most recent entitlement to child’s insurance benefits terminated because he ceased to be under such disability, but only if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: “(C) the first month in which an event specified in paragraph (1) (D) occurs; “(D) the earlier of (i) the first month during no part of which he is a full-time student or (ii) the month in which he attains the age of 22, but only if he is not under a disability (as so defined) in such earlier month; or “(E) if he was under a disability (as so defined), the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (e) Section 202 (s) of such Act is amended— (1) by striking out “which began before he attained such age” in paragraph (1); and (2) by striking out “which began before such child attained the age of 18” in paragraphs (2) and (3). (f) The amendments made by this section shall apply only with respect to monthly benefits under section 202 of the Social Security Act for months after December 1972 except that in the case of an individual who was not entitled to a monthly benefit under such section 202 for December 1972 such amendments shall apply only on the basis of an application filed after September 30, 1972. (g) Where— (1) one or more persons are entitled (without the application Post, p. 1351. of sections 202(j) (1) and 223(b) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and (2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202 or 223 for January 1973 solely by reason of the amendments made by this section on the basis of such wages and self-employment income, and (3) the total of benefits to which all persons are entitled under such sections 202 and 223 on the basis of such wages and self-employment 42 USC 402, 423. income for January 1973 is reduced by reason of section 203(a) of such Act as amended by this Act (or would, Ante, p. 410. but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for months after December 1972 shall be adjusted, after the application of such section 203(a), to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2). Sec. 109. continuation of child’s benefits through end of semester (a) Paragraph (7) of section 202(d) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: 79 Stat. 371. 42 USC 402. “(D) A child who attains age 22 at a time when he is a full-time student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year college or university shall be deemed (for purposes of determining whether his entitlement to benefits under this subsection has terminated under paragraph (1) (F) and for purposes of determining his initial entitlement to such benefits under clause (i) of paragraph (1) (B)) not to have attained such age, until the first day of the first month following the end of the quarter or semester to which he is enrolled at such time (or, if the educational institution (as defined in this paragraph) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).” (b) The amendment made by subsection (a) shall apply only with Effective date. respect to benefits payable under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months after December 1972. Sec. 110. child’s benefits in case of child entitled on more than one wage record (a) Section 202(h)(2)(A) of the Social Security Act is 64 Stat. 482. amended to read as follows: “(2) (A) Any child who under the preceding previsions of this section is entitled for any month to child’s insurance benefits on the wages and self-employment income of more than one insured individual shall, notwithstanding such provisions, be entitled to only one of such child’s insurance benefits for such month. Such child’s insurance benefits for such month shall be the benefit based on the wages and self-employment income of the insured individual who has the greatest primary insurance amount, except that such child’s insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) (without the application of section 203(a)) or subsection (m) if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 203(a)) than the benefit which would be applicable if such child were entitled on the wages and self-employment income of the individual with the greatest primary insurance’ amount. Where more than one child is entitled to child’s insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled on the wages and self-employment income of the same insured individuals shall be entitled on the wages and self-employment income of the same such insured individual.” (b) The amendment made by subsection (a) shall apply only with 53 Stat. 1362. 42 USC 401. respect to monthly benefits under title II of the Social Security Act for months after December 1972. Sec. 111. adoptions by disability and old-age insurance beneficiaries (a) Section 202(d) of the Social Security Act is amended by striking out paragraphs (8) and (9) and inserting in lieu thereof the following new paragraph: “(8) In the case of— “(A) an individual entitled to old-age insurance benefits (other than an individual referred to in subparagraph (B)), or “(B) an individual entitled to disability insurance benefits, or an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such old-age or disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1) (C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) (i) was legally adopted by such individual in an adoption decreed by a court of competent jurisdiction within the United States, “(ii) was living with such individual in the United States and receiving at least one-half of his support from such individual (I) if he is an individual referred to in subparagraph (A), for the year immediately before the month in which such individual became entitled to old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, the month in which such period of disability began, or (II) if he is an individual referred to in subparagraph (B), for the year immediately before the month in which began the period of disability of such individual which still exists at the time of adoption (or. if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or the month in which such individual became entitled to disability insurance benefits, and “(iii) had not attained the age of 18 before he began living with such individual. In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of birth of such child.” (b) The amendment made by subsection (a) shall apply with respect Effective date. to monthly benefits payable under title II of the Social Security Act 53 Stat. 1362. 42 USC 401. for months after December 1967 on the basis of an application filed in or after the month in which this Act is enacted; except that such amendments shall not apply with respect to benefits for any month before the month in which this Act is enacted unless such application is filed before the close of the sixth month after the month m which this Act is enacted. Sec. 112. child’s insurance benefits not to be terminated by reason of adoption (a) Paragraph (1)(D) of section 202(d) of the Social Security Act is amended by striking out “marries” and all that follows 79 Stat. 371. 42 USC 402. and inserting in lieu thereof “or marries,”. (b) The amendment, made by subsection (a) shall apply only with Effective date. respect to monthly benefits under title II of the Social Security Act for months beginning with the month in which this Act is enacted. (c) Any child— (1) whose entitlement to child’s insurance benefits under section 202(d) of the Social Security Act was terminated by reason of his adoption, prior to the date of the enactment of this Act, and (2) who. except for such adoption, would be entitled to child’s insurance benefits under such section for a month after the month in which this Act is enacted, may, upon filing application for child’s insurance benefits under the Social Security Act after the date of enactment of this Act, become reentitled to such benefits; except that no child shall, by reason of the enactment of this section, become reentitled to such benefits for any month prior to the month after the month in which this Act is enacted. Sec. 113. benefits for child based on earnings record of grandparent (a) The first sentence of section 216(e) of the Social Security Act is amended— 74 Stat. 950. 42 USC 416. (1) by striking out “and” at the end of clause (1), and (2) by inserting immediately before the period at the end thereof the following: “, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 223(d)) of 42 USC 423. such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual’s surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States and such person’s natural or adopting parent or stepparent was not living in such individual’s household and making regular contributions toward such person’s support at the time such individual died”. (b) Section 202(d) of such Act (as amended by section 111 of this Act) is further amended by adding at the end thereof the following Ante, p. 1346. new paragraph: “(9) (A) A child who is a child of an individual under clause (3) Ante, p. 1347. of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence shall be deemed not to be dependent on such individual at the time specified in subparagraph 42 USC 416. (1) (C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least one-half of his support from such individual (I) for the year immediately before the month in which such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (II) if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, or disability insurance benefits, or died, for the year immediately before the month in which such period of disability began, and (ii) the period during which such child was living with such individual began before the child attained age 18. “(B) In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if. as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of such child’s birth.” (c) The amendments made by this section shall apply with respect 53 Stat. 1362. 42 USC 401. to monthly benefits payable under title II of the Social Security Act for months after December 1972, but only on the basis of applications filed on or after the date of the enactment of this Act. Sec. 114. elimination of support requirement as condition of benefits for divorced and surviving divorced wives (a) Section 202(b) (1) of the Social Security Act is further amended— (1) by adding “and” at the end of subparagraph (C), (2) by striking out subparagraph (D), and (3) by redesignating subparagraphs (E) through (L) as subparagraphs (D) through (K), respectively. (b) (1) Section 202(e) (1) of such Act (as amended by section 102 Ante, p. 1335. (a) of this Act) is further amended— (A) by adding “and” at the end of subparagraph (C), (B) by striking out subparagraph (D), and (C) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively. (2) Section 202 (e)(6) of such Act is amended by striking out “paragraph (1) (G)” and inserting in lieu thereof “paragraph (1) (F)”. (c) Section 202(g) (1) (F) of such Act is amended by striking out clause (i), and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) The amendments made by this section shall apply only with respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed on or after the date of enactment of this Act. (e) Where— (1) one or more persons are entitled (without the application Post, p. 1351. 42 USC 423. of sections 202(j) (1) and 223(b) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and (2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202(g) as a surviving Ante, p. 1348. divorced mother (as defined in section 216(d)(3)) for a 79 Stat. 377. 42 USC 416. month after December 1972 on the basis of such wages and self-employment income, and (3) the total of benefits to which all persons are entitled under such section 202 and 223 on the basis of such wages and self-employment 42 USC 402, 423. income for any month after December 1972 is reduced by reason of section 203(a) of such Act as amended by this Act Ante, pp. 1334, 1340; Post, p. 1370. (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled beginning with the first month after December 1972 for which any person referred to in paragraph (2) becomes entitled shall be adjusted, after the application of such section 203a, to an amount no less than the am omit it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2). Sec. 115. waiver of duration-of-relationship requirement for widow, widower, or stepchild in case of remarriage to the same individual (a) The heading of section 216(k) of the Social Security Act is amended by adding at the end thereof “, or in Case of Remarriage 81 Stat. 866; Post, p. 1370. 42 USC 416. to the Same Individual”. (b) Section 216(k) of such Act is amended by striking out “if his death—” and all that follows and inserting in lieu thereof “if— “(1) his death— “(A) is accidental, or “(B) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period, or “(2) (A) the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or “(B) the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild’s parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if Such previous marriage had been terminated by the death of such individual at such time instead of by divorce; except that this subsection shall not apply if the Secretary determines that. at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (I) (A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (c) The amendments made by this section shall apply only with Effective date. respect to benefits payable under title II of the Social Security Act 53 Stat. 1362. 42 USC 401. for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted. Sec. 116. reduction from 6 to 5 months of waiting period for disability benefits (a) Section 223(c)(2) of the Social Security Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, and (2) by striking out “eighteenth” each place it appears and inserting in lieu thereof “seventeenth”. (b) Section 202(e) (6) of such Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, (2) by striking out “eighteenth” and inserting in lieu thereof “Seventeenth”, and (3) by striking out “sixth” and inserting in lieu thereof “fifth”. (c) Section 202(f) (7) of such Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, (2) by striking out “eighteenth” and inserting in lieu thereof “seventeenth”, and (3) by striking out “sixth” and inserting in lieu thereof “fifth”. (d) Section 216(i) (2) (A) of such Act is amended by striking out “6” and inserting in lieu thereof “five”. (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, applications for widow’s and widower’s insurance benefits based on disability under section 202 of such Act, and applications for disability determinations under section 216 (i) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month, or (B) the notice referred to in subparagraph (A) has been so given before, such month but a civil action with respect to such final decision is commenced under section 205(g) of the 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security 53 Stat. 1362. 42 USC 401. Act shall be payable or increased by reason of the amendments made by this section for any month before January 1973. Sec. 117. elimination of disability insured-status requirement of substantial recent covered work in case of individuals who are blind (a) The first sentence of section 216(i) (3) of the Social 42 USC 416. Security Act is amended by striking out all that follows subparagraph (B) and inserting in lieu thereof the following: “except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of ‘blindness’ as defined in paragraph (1)).” (b) Section 223(c)(1) of such Act is amended by striking out “coverage.” in subparagraph (B) (ii) and inserting in lieu thereof “coverage;”, and by striking out “For purposes” and inserting in lieu thereof the following: “except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of ‘blindness’ as defined in section 216(i) (1)). For purposes”. (c) The amendments made by this section shall be effective with Effective dates. respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under 42 USC 423. Ante, pp. 1341, 1350; Infra. section 216(1) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such 42 USC 405. month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made 53 Stat. 1362. 42 USC 401. by this section for months before January 1373. Sec. 118. applications for disability insurance benefits filed after death of insured individual (a) (1) Section 223(a)(1) of the Social Security Act is 42 USC 423. amended by adding at the end thereof the following new sentence: “In the ease of a deceased individual, the requirement of subparagraph (C) may be satisfied by an application for benefits filed with respect to such individual within 3 months after the month in which he died.” (2) Section 223(a) (2) of such Act is amended by striking out “he Ante, p. 1340. filed his application for disability insurance, benefits and was” and inserting in lieu thereof “the application for disability insurance benefits was filed and he was”. (3) The third sentence of section 223(b) of such Act is amended by striking out “if he files such application” and inserting in lieu thereof “if such application is filed”. (4) Section 223(c)(2)(A) of such Act is amended by striking Ante, p. 1350. out “who files such application” and inserting in lieu thereof “with respect to whom such application is filed”. (b) Section 216(i)(2)(B) of such Act is amended by adding at 42 USC 416. the end thereof the following new sentence: “In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.” (c) The amendments made by this section shall apply in the case Effective dates. of deaths occurring after December 31, 1969. For purposes of such amendments (and for purposes of sections 202(j) (1) and 223(b) of the Social Security Act), any application with respect to an individual 42 USC 402, 423. whose death occurred after December 31, 1969, but before the date of the enactment of this Act which is filed in, or within 3 months after the month in which this Act is enacted shall be deemed to have been filed in the month in which such death occurred. Sec. 119. workmen’s compensation offset for disability insurance beneficiaries (a) The next to last sentence of section 224(a) of the 42 USC 424a. Social Security Act is amended— (1) by striking out “larger” and inserting in lieu thereof “largest”, (2) by striking out “or” before “(B)”, and (3) by inserting before the period at the end thereof the following: “, or (C) one-twelfth of the total of his wages and self-employment income (computed without regard to the limitations Ante, p. 417, 418. specified in sections 209(a) and 211(b)(1)) for the calendar year in which he had the highest such wages and income during the period consisting of the calendar year in which he became disabled 42 USC 423. (as defined in section 223(d)) and the five years preceding that year”. (b) The last sentence of section 224(a) of such Act is amended by striking out “clause (B)” and inserting in lieu thereof “clauses (B) and (C)”. (c) 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 1972. Sec. 120. wage credits for members of the uniformed services (a) Subsection 229(a) of the Social Security Act is amended— (1) by striking out “after December 1967” and inserting in lieu thereof “after December 1972”; (2) by striking out “after 1967” and inserting in lieu thereof “after 1956”) and (3) by striking out all that follows “(in addition to the wages actually paid to him for such service)” and inserting in lieu thereof “of $800.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits under title II of the Social Security Act for months after December 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after December 1972 except that, in the case of any individual who is entitled, on the basis of the wages and self-employment income of any individual 42 USC 429. to whom section 229 of such Act applies, to monthly benefits 42 USC 401. under title II of such Act for the month in which this Act is enacted, such amendments shall apply (1) only if a written request for a recalculation of such benefits (by reason of such amendments) under 42 USC 415. the provisions of section 215 (b) and (d) of such Act, as in effect at the time such request is filed, is filed by such individual, or any other individual, entitled to benefits under such title II on the basis of such wages and self-employment income, and (2) only with respect to such benefits for months beginning with whichever of the following is later: January 1973 or the twelfth month before the month in which such request was filed. Recalculations of benefits as required to carry out. the provisions of this section shall be made notwithstanding the provisions of section 215(f)(1) of the Social Security Act, and no such recalculation shall be regarded as a recomputation for purposes of section 215(f) of such Act. Sec. 121. optional determination of self-employment earnings (a) (1) Section 211(a) of the Social Security Act is Post, pp. 1357, 1366. 42 USC 411. amended by adding at the end thereof the following new paragraph: “The preceding sentence and clauses (i) through (iv) of the second preceding sentence shall also apply in the case of any trade or business (other than a trade or business specified in such second preceding sentence) which is carried on by an individual who is self-employed on a regular basis as defined in subsection (g), or by a partnership Infra. of which an individual is a member on a regular basis as defined in subsection (g), but only if such individual’s net earnings from self-employment in the taxable year as determined without regard to this sentence are less than $1,600 and less than 66% percent of the sum (in such taxable year) of such individual’s gross income derived from all trades or businesses carried on by him and his distributive share of the income or loss from all trades or businesses carried on by all the partnerships of which he is a member: except that this sentence shall not apply to more than 5 taxable years in the case of any individual, and in no case in which an individual elects to determine the amount of his net earnings from self-employment for a taxable year under the provisions of me two preceding sentences with respect to a trade or business to which the second preceding sentence applies and with respect to a trade or business to which this sentence applies shall such net earnings for such year exceed $1,600.” (2) Section 211 of such Act is amended by adding at the end thereof 64 Stat. 502; 72 Stat. 1036. the following new subsection: “(g) “Regular Basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.” (b) (1) Section 1402(a) of the Internal Revenue Code of 1954 Post, pp. 1357, 1366. 26 USC 1402. (relating to definition of net earnings from self-employment) is amended by adding at the end thereof the following new paragraph: “The preceding sentence and clauses (i) through (iv) of the second preceding sentence shall also apply in the case of any trade or business (other than a trade or business specified in such second preceding sentence) which is carried on by an individual who is self-employed on a regular basis as defined in subsection i, or by a partnership of which an individual is a member on a regular basis’ as defined in subsection (i), but only if such individual’s net earnings from self-employment as determined without regard to this sentence in the taxable year are less than $1,600 and less than 66% percent of the sum (in such taxable year) of such individual’s gross income derived from all trades or businesses carried on by him and his distributive share of the income or loss from all trades or businesses carried on by all the, partnerships of which he is a member; except that this sentence shall not apply to more than 5 taxable years in the ease of any individual, and in no case in which an individual elects to determine the amount of his net earnings from self-employment for a taxable year under the provisions of the two preceding sentences with respect to a trade or business to which the second preceding sentence applies and with respect to a trade or business to which this sentence applies shall such net earnings for such year exceed $1,600.” (2) Section 1402 of such Code (definitions relating to Self-Employment Contributions Act of 1954) is amended by adding at the end thereof the following new subsection: “(i) “Regular Basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.” (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1972. Sec. 122. payments by employer to survivor or estate of former employee (a) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (1), by striking out the period at the end of subsection (m) and inserting in lieu thereof “; or”, and by inserting after subsection (m) the following new subsection: “(n) Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.” (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended by striking out “or” at the end of paragraph (12), by striking out the period at the end of paragraph (13) and inserting in lieu thereof “; or”, and by inserting after paragraph (13) the following new paragraph: “(14) any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.” (c) The amendments made by this section shall apply in the case of any payment made after December 1972. Sec. 123. coverage for vow-of-poverty members of religious orders (a) (1) Section 210(a) (8) (A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under section 3121 (r) of the Internal Revenue Infra. Code of 1954 is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs”. (2) Section 3121(b) (8) (A) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting before the semicolon at the end thereof the following: “, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under subsection (r) is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs”. (b) Section 3121 of such Code (definitions relating to Federal 26 USC 3101. Insurance Contributions Act) is amended by adding at the end thereof the following new subsection: “(r) Election of Coverage by Religious Orders.— “(1) Certificate of election by order.— A religious order whose members are required to take a vow of poverty, or any autonomous subdivision of such order, may file a certificate (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) electing to have the insurance system established by title II of the Social Security Act extended 42 USC 401. to services performed by its members in the exercise of duties required by such order or such subdivision thereof. Such certificate of election shall provide that— “(A) such election of coverage by such order or subdivision shall be irrevocable.; “(B) such election shall apply to all current and future members of such order, or in the case of a subdivision thereof to all current and future members of such order who belong to such subdivision; “(C) all services performed by a member of such an order or subdivision in the exercise of duties required by such order or subdivision shall be deemed to have been performed by such member as an employee of such order or subdivision; and “(D) the wages of each member, upon which such order or subdivision shall pay the taxes imposed by sections 3101 and 3111, will be determined as provided in subsection (i)(4). Post, pp. 1362–1304. “(2) Definition of member.— For purposes of this subsection, a member of a religious order means any individual who is subject to a vow of poverty as a member of ‘such order and who performs tasks usually required (and to the extent usually required) of an active member of such order and who is not considered retired because of old age or total disability. “(3) Effective date for election.— (A) A certificate of election of coverage shall be in effect, for purposes of subsection (b) (8) (A) and for purposes of section 210(a) (8) (A) of the Social Security Act, for the period beginning with whichever of the Ante, p. 1354 following may be designated by the order or subdivision thereof: “(i) the first day of the calendar quarter in which the certificate is filed, “(ii) the first day of the calendar quarter succeeding such quarter, or “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed. Whenever a date is designated under clause (iii), the election shall apply to services performed before the quarter in which the certificate is filed only if the member performing such services was a member at the time such services were performed and is living on the first day of the quarter in which such certificate is filed. “(B) If a certificate of election filed pursuant to this subsection is effective for one or more calendar quarters prior to the quarter in which such certificate is filed, then— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file 26 USC 6651. tax return), the due date for the return and payment of the tax for such prior calendar quarters resulting from the filing of such certificate shall be the last day of the calendar month following the calendar quarter in which the certificate is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of 3 years from such due date. “(4) Coordination with coverage of lay employees.— Notwithstanding the preceding provisions of this subsection, no certificate of election shall become effective with respect to an order or subdivision thereof, unless— “(A) if at the time the certificate of election is filed a certificate of waiver of exemption under subsection (k) is in effect with respect to such order or subdivision, such order or subdivision amends such certificate of waiver of exemption (in such form and manner as may be prescribed by regulations made under this chapter) to provide that it may not be revoked, or “(B) if at the time, the certificate of election is filed a certificate of waiver of exemption under such subsection is not in effect with respect to such order or subdivision, such order or subdivision files such certificate of waiver of exemption under the provisions of such subsection except that such certificate of waiver of exemption cannot become effective, at a later date than the certificate of election and such certificate of waiver of exemption must specify that such certificate of waiver of exemption may not be revoked. The certificate of waiver of exemption required under this subparagraph shall be filed notwithstanding the provisions of subsection (k) (3).” (c) (1) Section 209 of the Social Security Act is amended by adding at the end thereof the following new paragraph: “Wages.” “For purposes of this title, in any case where an individual is a member of a religious order (as defined in section 3121 (r) (2) of the Ante, p. 1354. Internal Revenue Code of 1954) performing service in the exercise of duties required by such order, and an election of coverage under section 3121(f) of such Code is in effect with respect to such order or with respect to the autonomous subdivision thereof to which such member belongs, the term ‘wages’ shall, subject to the previsions of subsection (a) of this section, include as such individual’s remuneration for such service the fail’ market value of any board, lodging, clothing, and other perquisites furnished to such member by such order or subdivision thereof or by any other person or organization pursuant to an agreement with such order or subdivision, except that the amount included as such individual’s remuneration under this paragraph shall not be less than $100 a month,” (2) Section 3121 (i) of the Internal Revenue Code of 1954 (relating to computation of wages in certain eases) is amended by adding at the end thereof the following new paragraph: “(4) Service performed by certain members of religious orders.— For purposes of this chapter, in any ease, where an individual is a member of a religious order (as defined in subsection (r) (2)) performing service in the exercise of duties required by such order, and an election of coverage under subsection (r) is in effect with respect to such order or with respect to the autonomous subdivision thereof to which such member belongs, the term ‘wages’ shall, subject to the provisions of subsection (a)(1), include as such individual’s remuneration for such service the fair market value of any board, lodging, clothing, and other perquisites furnished to such member by such order or subdivision thereof or by any other person or organization pursuant to an agreement with such order or subdivision, except that the amount included as such individual’s remuneration under this paragraph shall not be less than $100 a month.” Sec. 124. self-employment income of certain individuals temporarily living outside the united states (a) Section 211(a) of the Social Security Act is amended— Ante, p. 1353. (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (9) the following new paragraph: “(10) In the case of an individual who has been a resident of the United States during the entire taxable year, the exclusion from gross income provided by section 911(a) (2) of the Internal Revenue Code of 1954 shall not apply.” 26 USC 911. (b) Section 1402(a) of the Internal Revenue Code of 1954 (relating Ante, p. 1353; Post, p. 1366. to definition of net earnings from self-employment) is amended— (1) by striking out “and” at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (10) the following new paragraph: “(11) in the case of an individual who has been a resident of the United States during the entire taxable year, the exclusion from gross income provided by section 911(a)(2) shall not apply.” (c) The amendments made by this section shall apply with respect Effective date. to taxable years beginning after December 31, 1972. Sec. 125. coverage of federal home loan bank employees (a) The provisions of section 210(a) (6) (B) (ii) of the Social Security Act and section 3121(b) (6)(B)(ii) of the Internal 42 USC 410. 26 USC 3121. Revenue Code of 1954, insofar as they relate to service performed in the employ of a Federal home loan bank, shall be effective— (1) with respect to all service performed in the employ of a Federal home loan bank on and after the first day of the first calendar quarter which begins on or after the date of the enactment of this Act; and (2) in the case of individuals who are in the employ of a Federal home loan bank on such first day, with respect to any service performed in the employ of a. Federal home loan bank after the last day of the sixth calendar year preceding the year in which this Act is enacted; but this paragraph shall be effective only if an amount equal to the taxes imposed by sections 3101 and 3111 of such Code with respect to the services of all such individuals Post, pp. 1362–1364. performed in the employ of Federal home loan banks after the last day of the sixth calendar year preceding the year in which this Act is enacted are paid under the provisions of section 3122 of such Code by July 1, 1973, or by such later date as may be provided Ante, p. 419. in an agreement entered into before such date with the Secretary of the Treasury or his delegate for purposes of this paragraph. (b) Subparagraphs (A)(i) and (B) of section 104(i) (2) of the Repeal. Social Security Amendments of 1956 are repealed. 42 USC 410 note. Sec. 126. policemen and firemen in idaho Section 218 (p) (1) of the Social Security Act is amended by inserting “Idaho,” after “Hawaii,”. Sec. 127. coverage of certain hospital employees in new mexico Notwithstanding any provisions of section 218 of the Social Security Act, the Agreement with the State of New Mexico heretofore entered into pursuant to such section may at the option of such State be modified at any time prior to the first day of the fourth month after the month in which this Act is enacted, so as to apply to the services of employees of a hospital which is an integral part of a political subdivision to which an agreement under this section has not been made applicable, as a separate coverage group within the meaning of section 218(b) (5) of such Act, but only if such hospital has prior to 1966 withdrawn from a retirement system which had been applicable to the employees of such hospital. Sec. 128. coverage of certain employees of the government of guam (a) Section 210(a)(7) of the Social Security Act is amended by striking out “or” at the end of subparagraph (C), by striking out the semicolon at the end of subparagraph (I)) and inserting in lieu thereof “, or”, and by adding at the end thereof the following new subparagraph: “(E) service performed in the employ of the Government of Guam (or any instrumentality which is wholly owned by such Government) by an employee properly classified as a temporary or intermittent employee, if such service is not covered by a retirement system established by a law of Guam; except that (i) the provisions of this subparagraph shall not be applicable to services performed by an elected official or a member of the legislature or in a hospital or penal institution by a patient or inmate thereof, and (ii) for purposes of this subparagraph, clauses (i) and (ii) of subparagraph (C) shall apply;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of subparagraph (B), by striking out the semicolon at the end of subparagraph (C) and inserting in lieu thereof “, or”, and by adding at the end thereof the following new subparagraph: “(D) service performed in the employ of the Government of Guam (or any instrumentality which is wholly owned by such Government) by an employee properly classified as a temporary or intermittent employee, if such service is not covered by a retirement system established by a law of Guam; except that (i) the provisions of this subparagraph shall not be applicable to services performed by an elected official or a member of the legislature or in a hospital or penal institution by a patient or inmate thereof, and (ii) for purposes of this subparagraph, clauses (i) and (ii) of subparagraph (B) shall apply;”. (c) The amendments made by this section shall apply with respect to service performed on and after the first day of the first calendar quarter which begins on or after the date of the enactment of this Act. Sec. 129. coverage exclusion of students employed by nonprofit organizations auxiliary to schools, colleges, and universities (a) (1) Section 210(a) (10) (B) of the Social Security Act 42 USC 410. is amended to read as follows: “(B) Service performed in the employ of— “(i) a school, college., or university, or “(ii) an organization described in section 509(a)(3) of the Internal Revenue Code of 1954 if the organization is 26 USC 509. organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of a school, college, or university and is operated, supervised, or controlled by or in connection with such school, college, or university, unless it is a school, college, or university of a State or a political subdivision thereof and the services in its employ performed by a student referred to in section 218(c)(5) are covered under the agreement 42 USC 418. between the Secretary of Health, Education, and Welfare and such State entered into pursuant to section 218; if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university;”. (2) Section 3121(b) (10) (B) of the Internal Revenue Code of 1954 is amended to read as follows: 68A Stat. 417; 68 Stat. 1091. 26 USC 3121. “(B) service performed in the employ of— “(i) a school, college, or university, or “(ii) an organization described in section 509(a) (3) if the organization is organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of a school, college, or university and is operated, supervised, or controlled by or in connection with such school, college, or university, unless it is a school, college, or university of a State or a political subdivision thereof and the services performed in its employ by a student referred to in section 218(c)(5) of the Social Security Act are covered under the agreement between the Secretary of Health, Education, and Welfare and such State entered into pursuant to section 218 of such Act; if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university;”. (b) The amendments made by subsection (a) shall apply to services Effective date. performed after December 31, 1972. Sec. 130. penalty for furnishing false information to obtain social security account number for deceptive practices involving social security account numbers (a) Section 208 of the Social Security Act is amended by 72 Stat. 1034. 42 USC 408. adding “or” after the semicolon at the end of subsection (e), and by inserting after subsection (e) the following new subsections: “(f) willfully, knowingly, and with intent to deceive the Secretary as to his true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Secretary with respect to any information required by the Secretary in connection with the establishment and maintenance of the records provided for in section 205(c) (2); or Post, p. 1364. “(g) for the purpose of causing an increase in any payment authorized under this title (or any other program financed in whole or in part from Federal funds), or for the purpose of causing a payment under this title (or any such other program) to be made when no payment is authorized thereunder, or for the purpose of obtaining (for himself or any other person) any payment or any other benefit to which he (or such other person) is not entitled— “(1) willfully, knowingly, and with intent to deceive, uses a social security account number, assigned by the Secretary (in the Post, 1364. exercise of his authority under section 205(c) (2) to establish and maintain records) on the basis of false information furnished to the Secretary by him or by any other person; or “(2) with intent to deceive, falsely represents a number to be the social security account number assigned by the Secretary to him or to another person, when in fact such number is not the social security account number assigned by the Secretary to him or to such other person;”. (b) The amendments made by subsection (a) shall apply with respect to information furnished to the Secretary after the date of the enactment of this Act. Sec. 131. increase of amounts in trust funds available to fay costs of rehabilitation services The first sentence of section 222(d)(1) of the Social 79 Stat. 408; Ante, p. 1343. Security Act (as amended by section 107(b) (4) of this Act) is further amended by striking out “except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits under section 202(d) for children who have attained age 18 and are under a disability” and inserting in lieu thereof the following: “except that the total amount so made available pursuant to this subsection may not exceed— “(i) 1 percent in the fiscal year ending June 30, 1972, “(ii) 1.25 percent in the fiscal year ending June 30, 1973. “(iii) 1.5 percent in the fiscal year ending June 30, 1974, and thereafter, Ante, pp. 1343–1347. of the total of the benefits under section 202(d) for children who have attained age 18 and are under a disability”. Sec. 132. acceptance of money gifts made unconditionally to social security (a) The second sentence of section 201(a) of the Social 42 USC 401. Security Act is amended by inserting after “in addition,” the following: “such gifts and bequests as may be made as provided in subsection Infra. (i)(1), and”. (b) The second sentence of section 201(b) of such Act is amended by inserting after “consist of” the following: “such gifts and bequests as may be made as provided in subsection (i) (1), and”. (c) Section 201 of such Act is further amended by adding after subsection (h) the following new subsection: “(i) (1) The Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to any one or more of such Trust Funds or to the Department of Health, Education, and Welfare, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds. “(2) Any such gift, accepted pursuant to the authority granted in paragraph (1) of this subsection shall be deposited in— “(A) the specific trust fund designated by the donor or “(B) if the donor has not so designated, the Federal Old-Age and Survivors Insurance Trust Fund.” (d) The second sentence of section 1817(a) of such Act is amended 79 Stat. 299. 42 USC 1395i. by inserting after “consist of” and before “such amounts” the following: “such gifts and bequests as may be made as provided in section 201 (i) (1), and”. Ante, p. 1360. (e) The second sentence of section 1841(a) of such Act is amended 42 USC 1395t. by inserting after “consist of” and before “such amounts” the following: “such gifts and bequests as may be made as provided in section 201(i)(1), and”. (f) The amendments made by this section shall apply with respect Effective date. to sifts and bequests received after the date of enactment, of this Act. (g) For the purpose of Federal income, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical insurance Trust Fund, or to the Department of Health, Education, and Welfare, or any part, or officer thereof, for the benefit of any of such Funds or any activity financed through any of such Funds, which is accepted by the Managing Trustee of such Trust Funds under the authority of section 201 (i) of the Social Security Act, shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes. Sec. 133. payment in certain cases of disability insurance benefits with respect to certain periods of disability (a) If an individual would (upon the timely filing of an application for a disability determination under section 216(i) of the Social Security Act and of an application for disability insurance Ante, pp. 1341, 1350, 1351. benefits under section 223 of such Act) have been entitled to disability insurance benefits under such section 223 for a period which began after 1959 and ended prior to 1964, such individual shall, upon filing application for disability insurance benefits under such section 223 with respect to such period not later than 6 months after the date of enactment of this section, be entitled, notwithstanding any other provision of title II of the Social Security Act, to receive in a lump sum, as disability 42 USC 401. insurance benefits payable under section 223, an amount equal to the total amounts of disability insurance benefits which would have been payable to him for such period if he had timely filed such an application for a disability determination and such an application for disability insurance benefits with respect to such period; but only if— (1) prior to the date of enactment of this section and after the date of enactment of the Social Security Amendments of 1967, 42 USC 302 note. such period was determined (under section 216 (i) of the Social Ante, pp. 1341, 1350, 1351. Security Act) to be a period of disability as to such individual; and (2) the application giving rise to the determination (under such section 216 (i)) that such period is a period of disability as to such individual would not have been accepted as an application for such a determination except for the provisions of section 216(i) (b) No payment shall be made to any individual by reason of the provisions of subsection (a) except upon the basis of an application filed after the date of enactment of this section. Sec. 134. recomputation of benefits based on combined railroad and social security earnings (a) Section 215(f) of the Social Security Act is amended— (1) by striking out subparagraph (B) of paragraph (2) and inserting in lieu thereof the following: “(B) in the case of an individual who died in such year, for monthly benefits beginning with benefits for the month in which he died.”; and (2) by adding at the end the following new paragraph: “(6) Upon the death after 1967 of an individual entitled to benefits Ante, p. 1340. Ante, pp. 1350, 1351. under section 202(a) or section 223, if any person is entitled to monthly benefits or a lump-sum death payment, on the wages and self-employment income of such individual, the Secretary shall recompute the decedent’s primary insurance amount, but only if the decedent during his lifetime was paid compensation which was treated under 42 USC 405. 81 Stat. 864; Post, p. 1369. 42 USC 415. section 205(o) as remuneration for employment.” (b) Section 215(d)(2) of such Act is amended by inserting “or (6)” before the period at the end thereof. Sec. 135. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 79 Stat. 394; 81 Stat. 835. 26 USC 1401. 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended— (A) by striking out “1978” in paragraph (3) and inserting in lieu thereof “1973”; and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(a) of such Code (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended (A) by striking out “any of the calendar years 1971 through 1977” and inserting in lieu thereof “the calendar years 1971 and 1972” and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) with respect to wages received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent; “(5) with respect to wages received during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and “(6) with respect to wages received after December 31, 2010, the rate shall be 5.85 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers Ante, p. 421. for purposes of old-age, survivors, and disability insurance) is amended (A) by striking out “any of the calendar years 1971 through 1977” and inserting in lieu thereof “the calendar years 1971 and 1972” and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) with respect to wages paid during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent; “(5) with respect to wages paid during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and “(6) with respect to wages paid after December 31, 2010, the rate shall be 5.85 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on Ante, p. 421. self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1978, the tax shall be equal to 1.0 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1977, and before January 1, 1981, the tax shall be equal to 1.25 percent of the amount of the self-employment income for such taxable year; “(4) in the ease of any taxable year beginning after December 31, 1980, and before January 1, 1986, the tax shall be equal to 1.35 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1985, the tax shall be equal to 1.45 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(b) of such Code (relating to rate of tax on Ante, p. 421. employees for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) with respect to wages received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 1.0 percent; “(3) with respect to wages received during the calendar years 1978, 1979, and 1980, the rate shall be 1.25 percent; “(4) with respect to wages received during the calendar years 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent; and “(5) with respect to wages received after December 31, 1985, the rate shall be 1.45 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) with respect to wages paid during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 1.0 percent; “(3) with respect to wages paid during the calendar years 1978, 1979, and 1980, the rate shall be 1.25 percent; “(4) with respect to wages paid during the calendar years 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent; and “(5) with respect to wages paid after December 31, 1985, the rate shall be 1.45 percent.” (c) The amendments made by subsections (a)(1) and (b) (1) shall apply only with respect to taxable years beginning after December 31, 1972. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1972. Sec. 136. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended— (1) by striking out “(E) 1.0” and inserting in lieu thereof (2) by striking out “(F) 1.1” and inserting in lieu thereof “(F) 1.15”, and (3) by striking out “(G) 1.4” and inserting in lieu thereof “(G) 1.5”. (b) Section 201(b) (2) of such Act is amended— (1) by striking out “(E) 0.75” and inserting in lieu thereof “(E) 0.795”, (2) by striking out “(F) 0.825” and inserting in lieu thereof “(F) 0.84”, and (3) by striking out “(G) 0.915” and inserting in lieu thereof “(G) 0.895”. Sec. 137. method of issuance of social security account numbers Section 205(c) (2) of the Social Security Act is amended— (1) by inserting “(A)” immediately after “(2)”; and (2) by adding at the end thereof the following new subparagraph: “(B) (i) In carrying out his duties under subparagraph (A), the Secretary shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned): “(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so changed as to make it lawful for them to engage in such employment; “(II) to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person; and “(III) to any other individual when it appears that he could have been but was not assigned an account number under the provisions of subclauses (I) or (II) but only after such investigation as is necessary to establish to the satisfaction of the Secretary, the identity of such individual, the fact that an account number has not already been assigned to such individual, and the fact that such individual is a citizen or a noncitizen who is not, because of his alien status, prohibited from engaging in employment; and, in carrying out such duties, the Secretary is authorized to take affirmative measures to assure the issuance of social security numbers: “(IV) to or on behalf of children who are below school age at the request of their parents or guardians; and “(V) to children of school age at the time of their first enrollment in school. “(ii) The Secretary shall require of applicants for social security account numbers such evidence as may be necessary to establish the age, citizenship, or alien status, and true identity of such applicants, and to determine which (if any) social security account number has previously been assigned to such individual. “(iii) In carrying out the requirements of this subparagraph, the Secretary shall enter into such agreements as may be necessary with the Attorney General and other officials and with State and local welfare agencies and school authorities (including non-public school authorities).” Sec. 138. payments by employer to disabled former employee (a) Section 209 of the Social Security Act (as amended by section 122(a) of this Act) is further amended by striking out “or” Ante, p. 1354. at the end of subsection (m), by striking out the period at the end of subsection (n) and inserting in lieu thereof “; or”, and by inserting after subsection (n) the following new subsection: “(o) Any payment made by an employer to an employee, if at the time such payment is made such employee is entitled to disability insurance benefits under section 223(a) and such entitlement commenced Ante, p. 1351. prior to the calendar year in which such payment is made, and if such employee did not perform any services for such employer during the period for which such payment is made.” (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages, and as amended by section 122(b) of this Act) Ante, p. 1354. is further amended by striking out “or” at the end of paragraph (13), by striking out the period at the end of paragraph (14) and inserting in lieu thereof “; or”, and by inserting after paragraph (14) the following new paragraph: “(15) any payment made by an employer to an employee, if at the time such payment is made such employee is entitled to disability insurance benefits under section 223(a) of the Social Security Act and such entitlement commenced prior to the cal-endar year in which such payment is made, and if such employee did not perform any services for such employer during the period for which such payment is made.” (c) The amendments made by this section shall apply in the case of any payment made after December 1972. Sec. 139. termination of coverage of registrars of voters in louisiana (a) Notwithstanding the provisions of section 218(g) (1) 64 Stat. 514. 42 USC 418. of the Social Security Act, the Secretary may, under such conditions as he deems appropriate, permit the State of Louisiana to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of all employees who are in positions under the Registrars of Voters Employees’ Retirement System, effective after December 1975, but only if such State files with him notice of termination on or before December 31, 1973. (b) If the coverage of such employees in positions under such retirement system is terminated pursuant to subsection (a), coverage cannot later be extended to employees in positions under such retirement system. Sec. 140. computation of income of american ministers and members of religious orders performing services outside the united states (a) Section 211(a)(7) of the Social Security Act is amended— (1) by striking out “and section 119” and inserting in lieu thereof “, section 119”; (2) by striking out “of the Internal Revenue Code of 1974 and, in addition, if he is a citizen of the United States performing such service as an employee of an American employer (as defined 42 USC 410. in section 210(e)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States, without regard to” and inserting in lieu thereof a comma; and (3) by striking out “such Code” and inserting in lieu thereof “the Internal Revenue Code of 1054”. (b) Section 1402 (a) (8) of the Internal Revenue Code is amended— (1) by striking out “and section 119” and inserting in lieu thereof “,section 119”; and (2) by striking out “and, in addition, if he is a citizen of the United States performing such service as an employee of an American employer (as defined in section 3121(h)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States, without regard to” and inserting in lieu thereof a comma. (c) The. amendments made by this section shall apply with respect to taxable years beginning after December 31, 1972. Sec. 141. modification of state agreements with respect to certain students and certain part-time employees (a) Notwithstanding any provision of section 218 of the 42 USC 418. Social Security Act, the agreement with any State (or any modifications thereof) entered into pursuant to such section may, at the option of such State, be modified at any time prior to January 1, 1974, so as to exclude either or both of the following: (1) service in any class or classes of part-time positions; or (2) service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university. (b) Any modification of such agreement pursuant to this section Effective date. shall be effective with respect to services performed after the end of the calendar quarter following the calendar quarter in which such agreement is modified. (c) If any such modification terminates coverage with respect to service in any class or classes of part-time positions in any coverage group, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to service in such positions in such coverage group; if such modification terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university. Sec. 142. benefits in case of certain individuals interned during world war ii (a) Title II of the Social Security Act (as amended by this Act) is amended by adding at the end thereof a new section as 42 USC 401. follows: “Sec. 231. “benefits in case of certain individuals interned during world war ii (a) For the purposes of this section the term ‘internee’ “Internee.” means an individual who was interned during any period of time from December 7, 1941, through December 31, 1946, at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry. “(b) (1) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(f) (3), such individual shall be deemed to have Ante, p. 1350. been paid during any period after he attained age 18 and for which he was an internee, wages (in addition to any wages actually paid to him) at a weekly rate of basic pay during such period as follows— “(A) in the case such individual was not employed prior to the beginning of such period, 40 multiplied by the minimum hourly rate or rates in effect at any such time under section 206(a) (1) of title 29, United States Code, for each full week during such 80 Stat. 838. period; and “(B) in the case such individual who was employed prior to the beginning of such period, 40 multiplied by the greater of (i) the highest hourly rate received during any such employment, or (ii) the minimum hourly rate or rates in effect at any such time under section 206(a) (1) of title 29, United States Code, for each full week during such period. “(2) This subsection shall not be applicable in the case of any monthly benefit or lump-sum death payment if— “(A) a larger such benefit or payment, as the ease may be, would be payable without its application; or “(B) a benefit (other than a benefit payable in a lump-sum unless it is a commutation of, or a substitute for, periodic payments) which is based, in whole or in part, upon internment during any period from December 7, 1941, through December 31, 1946, at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry, is determined by any agency or wholly owned instrumentality of the United States to be payable by it under any other law of the United States or under a system established by such agency or instrumentality. Nonapplicability. The provisions of clause (B) shall not apply in the case of any monthly benefit or lump-sum death payment under this title if its application would reduce by $0.50 or less the primary insurance amount (as computed under section 215 prior to any recomputation Ante, pp. 1333, 1334, 1362. thereof pursuant to subsection (f) of such section) of the individual on whose wages and self-employment income such benefit or payment is based. The provisions of clause (B) shall also not apply for purposes Ante, p. 1350. of section 216(i) (3). “(3) Upon application for benefits, a recalculation of benefits (by reason of this section), or a lump-sum death payment on the basis of the wages and self-employment income of any individual who was an internee, the Secretary of Health, Education, and Welfare shall accept the certification of the Secretary of Defense or his designee concerning any period of time for which an internee is to receive credit under paragraph (1) and shall make a decision without regard to clause (B) of paragraph (2) of this subsection unless he has been notified by some other agency or instrumentality of the United States that, on the basis of the period for which such individual was an internee, a benefit described in clause (B) of paragraph (2) has been determined by such agency or instrumentality to be payable by it. If the Secretary of Health, Education, and Welfare has not been so notified, he shall then ascertain whether some other agency or wholly owned instrumentality of the United States has decided that a benefit described in clause (B) of paragraph (2) is payable by it. If any such agency or instrumentality has decided, or thereafter decides, that such a benefit is payable by it, it shall so notify the Secretary of Health, Education, and Welfare, and the Secretary shall certify no further benefits for payment or shall recompute the amount of any further benefits payable, as may be required by this section. “(4) Any agency or wholly owned instrumentality of the United States which is authorized by any law of the United States to pay benefits, or has a system of benefits which are based, in whole or in part, on any period for which any individual was an internee shall, at the request of the Secretary of Health. Education, and Welfare, certify to him, with respect to any individual who was an internee, such information as the Secretary deems necessary to carry out his functions under paragraph (3) of this subsection. “(c) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund for the fiscal year ending June 30, 1978, such sums as the Secretary determines would place the Trust Funds and the Federal Hospital Insurance Trust Fund in the position in which they would have been if the preceding provisions of this section had not been enacted.” (b) Section 215(d) (1) (C) of such Act is amended by striking out “and” at the end of clause (ii), by striking out the period at the end of clause (iii), and inserting in lieu thereof “, and”, and by inserting after clause (iii) the following new clause: “(iv) wages deemed paid prior to 1951 to such individual under section 231.”. (c) Section 215(d) (2) of such Act (as amended by section 134 of this Act) is further amended by striking out the period at the end Ante, p. 1362. 42 USC 415. thereof and inserting in lieu thereof “or section 231.”. Sec. 143. modification of agreement with west virginia to provide coverage for certain policemen and firemen (a) Notwithstanding the provisions of subsection (d)(5) (A) of section 218 of the Social Security Act and the references thereto 42 USC 418. in subsections (d) (1) and (d) (3) of such section 218, the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 may, at any time prior to 1974, be modified pursuant to subsection (c) (4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions covered by a retirement system on the date of the enactment of this Act by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia 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. (b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act, any modification in the agreement with the State of West. Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to— (1) all services performed by such individual, in any policeman’s or fireman’s position to which the modification relates, on or after the date of the enactment of this Act; and (2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 at the time or times established pursuant to such subsection (e)(1), if and to the extent that— (A) no refund of the sums so paid has been obtained, or (B) a refund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare. Sec. 144. perfecting amendments related to the 20-percent increase provision enacted in public law 92–336 (a) (1) The table in section 215(a) of the Social Security Act (as inserted by section 201 (a) of Public Law 92–336) is amended— Ante, p. 406. (A) in column II of such table, by striking out “251.40” and inserting in lieu thereof “254.40”, and (B) in column III of such table, by striking out “699” and inserting in lieu thereof “696”. (2) Section 203(a)(2)(B) of such Act (as amended by section Ante, p. 410. 201(b) of Public Law 92–336) is amended by striking out “for each person” and inserting in lieu thereof “for each such person”. (3) Section 203(a)(2)(C) of such Act (as amended by section Ante, p. 415. 202(a)(2)(B) of Public Law 92–336) is amended by striking out “month including” and inserting in lieu thereof “month (including”. (4) Section 230(b) (2) of such Act (as added by section 202(b) (1) Ante, p. 417. of Public Law 92–336) is amended by striking out “or” at the end of clause (A) and inserting in lieu thereof “of”. (b) The amendments made by each of the paragraphs in subsection (a) shall be effective in like manner as if such amendment had been Ante, p. 406. included in title II of Public Law 92–336 in the particular provision of such title referred to in such paragraph. (c) Section 203(b) (6) of Public Law 92–336 is amended, effective. July 1, 1972, by striking out “Section 6413(a) (2) (A)” and inserting 26 USC 6413. in lieu thereof “Section 6413 (c) (2) (A)”. Sec. 145. elimination of duration-of-relationship requirement in certain cases involving survivor benefits (where insured’s death was accidental or occurred in line of duty while he was a serviceman) (a) The first sentence of section 216(k) of the Social Ante, p. 1349 Security Act (as amended by section 115 of this Act) is further amended— (1) by striking out “and he would satisfy such requirement if a three-month period were substituted for the nine-month period” and inserting in lieu thereof “unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months”; and (2) by striking out “except that this subsection shall not apply” and inserting in lieu thereof “except that paragraph (2) of this subsection shall not apply”. (b) The amendments made by this section shall apply only with 42 USC 401. respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted.
1974
Pub. L. 93–445 title III § 304 · 88 Stat. 1305
Substituted · 42 U.S.C. § 416(b); 42 U.S.C. § 416(c); 42 U.S.C. § 416(f); 42 U.S.C. § 416(g)
Pub. L. 93–445 substituted “section 231a of title 45” for “section 228e of title 45”
Source evidence
Code amendment note
Subsecs. (b), (c), (f), (g). Pub. L. 93–445 substituted “section 231a of title 45” for “section 228e of title 45”.
Enacted provision · exact public law section
Sec. 304. Sections 216(b), 216(c), 216(f), and 216(g) of the Social Security 42 USC 416. Act are each amended by striking out “section 5 of the Railroad Retirement Act of 1937” and inserting in lieu thereof “section 2 of the Railroad Retirement Act of 1974”.
1977
Social Security Amendments of 1977
Pub. L. 95–216 title III § 337(a) · 91 Stat. 1509
Substituted · 42 U.S.C. § 416(d)(1); 42 U.S.C. § 416(d)(2)
Pub. L. 95–216 substituted “10” for “20” wherever appearing
Source evidence
Code amendment note
Subsec. (d)(1), (2). Pub. L. 95–216 substituted “10” for “20” wherever appearing.
Enacted provision · exact public law section
(a) Section 216(d) of the Social Security Act is amended by striking out “20 years” in paragraphs (1) and (2) and inserting in lieu thereof in each instance “10 years”.
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 303(b)(2)(B) · 94 Stat. 441
Substituted · 42 U.S.C. § 416(i)(2)(D)(ii)
Pub. L. 96–265, § 303(b)(2)(B), substituted “(ii) the month preceding (I) the termination month (as defined in section 423(a)(1) of this title), or, if earlier (II) the first month for which no benefit is payable by reason of section 423(e) of this title, where no benefit is payable for any of the succeeding months during the 15-month period referred to in such section” for “(ii) the second month following the month in which the disability ceases”
Source evidence
Code amendment note
Subsec. (i)(2)(D)(ii). Pub. L. 96–265, § 303(b)(2)(B), substituted “(ii) the month preceding (I) the termination month (as defined in section 423(a)(1) of this title), or, if earlier (II) the first month for which no benefit is payable by reason of section 423(e) of this title, where no benefit is payable for any of the succeeding months during the 15-month period referred to in such section” for “(ii) the second month following the month in which the disability ceases”.
Enacted provision · exact public law section
(B) Section 216(i)(2)(D) of such Act is amended by striking out “(ii)” and all that follows and inserting in lieu thereof “(ii) the month preceding (I) the termination month (as defined in section 223(a)(1)), or, if earlier (II) the first month for which no benefit is payable by reason of section 223(e), where no benefit is payable for any of the succeeding months during the 15-month period referred to in such section.”
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 306(b) · 94 Stat. 441
Inserted · 42 U.S.C. § 416(i)(2)(G)
Pub. L. 96–265, § 306(b), inserted provisions placing limitations on the prospective effect of applications
Source evidence
Code amendment note
Subsec. (i)(2)(G). Pub. L. 96–265, § 306(b), inserted provisions placing limitations on the prospective effect of applications.
Enacted provision · exact public law section
(b) Section 216(i)(2)(G) of such Act is amended— 42 USC 416. (1) by inserting “(and shall be deemed to have been filed on such first day)” immediately after “shall be deemed a valid application” in the first sentence, (2) by striking out the period at the end of the first sentence and inserting in lieu thereof “and no request under section 205(b) for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Secretary).”, and (3) by striking out the second sentence.
1980
Pub. L. 96–473 § 5(a)(2) · 94 Stat. 2263
Inserted · 42 U.S.C. § 416(i)(1)
Pub. L. 96–473 inserted reference to section 423(d)(6) of this title
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 96–473 inserted reference to section 423(d)(6) of this title.
Enacted provision · exact public law section
(2) The third sentence of section 216(i)(1) of such Act is amended by 42 USC 416. striking out “and (5)” and inserting in lieu thereof “(5), and (6)”.
1981
Pub. L. 97–35 § 2203(b)(2) · 95 Stat. 357
Inserted · 42 U.S.C. § 416(b)
Pub. L. 97–35, § 2203(b)(2), inserted provisions that for purposes of cl. (2), a wife be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual and for purposes of section 402(b)(1)(C) of this title, a divorced wife be deemed not to be married throughout the month in which she becomes divorced
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–35, § 2203(b)(2), inserted provisions that for purposes of cl. (2), a wife be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual and for purposes of section 402(b)(1)(C) of this title, a divorced wife be deemed not to be married throughout the month in which she becomes divorced.
Enacted provision · exact public law section
(2) Section 216(b) of such Act is amended by adding at the end 42 USC 416. thereof the following new sentences: “For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of 42 USC 402. subparagraph (C) of section 202(b)(1), a divorced wife shall be deemed not to be married throughout the month in which she becomes divorced.”.
1981
Pub. L. 97–35 § 2202(a)(2)(A) · 95 Stat. 357
Inserted · 42 U.S.C. § 416(c)
Pub. L. 97–35, § 2202(a)(2)(A), inserted “the first sentence of” before “section 402(i) of this title”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–35, § 2202(a)(2)(A), inserted “the first sentence of” before “section 402(i) of this title”.
Enacted provision · exact public law section
(A) Section 216(c) of such Act is amended by inserting “the first 42 USC 416. sentence of” before “section 202(i)”.
1981
Pub. L. 97–35 § 2203(d)(3) · 95 Stat. 357
Inserted · 42 U.S.C. § 416(e)
Pub. L. 97–35, § 2203(d)(3), inserted provisions that for purposes of cl. (2), a child be deemed to have been a stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year and for purposes of cl. (3), a person be deemed to have no natural or adoptive parent living, other than a parent who is under a disability, throughout the most recent month in which a natural or adoptive parent, not under a disability, dies
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–35, § 2203(d)(3), inserted provisions that for purposes of cl. (2), a child be deemed to have been a stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year and for purposes of cl. (3), a person be deemed to have no natural or adoptive parent living, other than a parent who is under a disability, throughout the most recent month in which a natural or adoptive parent, not under a disability, dies.
Enacted provision · exact public law section
(3) Section 216(e) of such Act is amended by adding at the end thereof the following new sentences: “For purposes of clause (2), a child shall be deemed to have been the stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year. For purposes of clause (3), a person shall be deemed to have no natural or adoptive parent living (other than a parent who was under a disability) throughout the most recent month in which a natural or adoptive parent (not under a disability) dies.”.
1981
Pub. L. 97–35 § 2203(c)(2) · 95 Stat. 357
Inserted · 42 U.S.C. § 416(f)
Pub. L. 97–35, § 2203(c)(2), inserted provision that for purposes of cl. (2), a husband be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–35, § 2203(c)(2), inserted provision that for purposes of cl. (2), a husband be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her.
Enacted provision · exact public law section
(2) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of clause (2), a husband shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her.”.
1981
Pub. L. 97–35 § 2202(a)(2)(B) · 95 Stat. 357
Inserted · 42 U.S.C. § 416(g)
Pub. L. 97–35, § 2202(a)(2)(B), inserted “the first sentence of” before “section 402(i) of this title”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 97–35, § 2202(a)(2)(B), inserted “the first sentence of” before “section 402(i) of this title”.
Enacted provision · exact public law section
(B) Section 216(g) of such Act is amended by inserting “the first sentence of” before “section 202(i)”.
1981
Pub. L. 97–35 § 2203(d)(4) · 95 Stat. 357
1. Amended · 42 U.S.C. § 416(h)(3)
  Pub. L. 97–35, § 2203(d)(4), as amended by Pub. L. 98–369, § 2663(a)(11)(A)
2. Inserted · 42 U.S.C. § 416(h)(3)
  Pub. L. 97–35, § 2203(d)(4), as inserted provision that for purposes of subpar. (A)(i), an acknowledgement, court decree, or court order be deemed to have occurred on the first day of the month in which it actually occurred
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 97–35, § 2203(d)(4), as amended by Pub. L. 98–369, § 2663(a)(11)(A), inserted provision that for purposes of subpar. (A)(i), an acknowledgement, court decree, or court order be deemed to have occurred on the first day of the month in which it actually occurred.
Enacted provision · exact public law section
(4) Section 216(h) of such Act is amended by adding at the end of 42 USC 416. paragraph (3) the following new sentence: “For purposes of subparagraph (A)(i), an acknowledgement, court decree, or court order shall be deemed to have occurred on the first day of the month in which it actually occurred.”.
1983
Pub. L. 98–21 § 304(c) · 97 Stat. 65
Added · 42 U.S.C. § 416(a)
Pub. L. 98–21, § 304(c), added subsec. (a)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–21, § 304(c), added subsec. (a).
Enacted provision · exact public law section
(c) Section 216 of such Act is amended by inserting before subsection Definitions. 42 USC 416. (b) the following new subsection: “Spouse; Surviving Spouse “(a) (1) The term ‘spouse’ means a wife as defined in subsection (b) or a husband as defined in subsection (f). “(2) The term ‘surviving spouse’ means a widow as defined in subsection (c) or a widower as defined in subsection (g).”.
1983
Pub. L. 98–21 § 301(c)(1) · 97 Stat. 65
Redesignated · 42 U.S.C. § 416(d)(4); 42 U.S.C. § 416(d)(5)
Pub. L. 98–21, § 301(c)(1), added pars. (4) and (5). Former par. (4) redesignated (6)
Source evidence
Code amendment note
Subsec. (d)(4), (5). Pub. L. 98–21, § 301(c)(1), added pars. (4) and (5). Former par. (4) redesignated (6).
Enacted provision · exact public law section
(1) Section 216(d) of such Act is amended by redesignating 42 USC 416. paragraph (4) as paragraph (6), and by inserting after paragraph (3) the following new paragraphs: “(4) The term ‘divorced husband’ means a man divorced from an “Divorced husband.” individual, but only if he had been married to such individual for a period of 10 years immediately before the date the divorce became effective. “(5) The term ‘surviving divorced husband’ means a man divorced “Surviving divorced husband.” from an individual who has died, but only if he had been married to the individual for a period of 10 years immediately before the divorce became effective.”.
1983
Pub. L. 98–21 § 306(c) · 97 Stat. 65
1. Added · 42 U.S.C. § 416(d)(6)
  Pub. L. 98–21, § 306(c), added par. (6)
2. Redesignated · 42 U.S.C. § 416(d)(6)
  Pub. L. 98–21, § 306(c), redesignated former par. (6) as (8)
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 98–21, § 306(c), added par. (6) and redesignated former par. (6) as (8).
Enacted provision · exact public law section
(c) Section 216(d) of such Act (as amended by section 301(c)(1) of 42 USC 416. 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 “Surviving divorced father.” 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 “Surviving divorced parent.” divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6).”.
1983
Pub. L. 98–21 § 301(c)(1) · 97 Stat. 65
Redesignated · 42 U.S.C. § 416(d)(6)
Pub. L. 98–21, § 301(c)(1), redesignated former par. (4) as (6)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–21, § 301(c)(1), redesignated former par. (4) as (6).
Enacted provision · exact public law section
(1) Section 216(d) of such Act is amended by redesignating 42 USC 416. paragraph (4) as paragraph (6), and by inserting after paragraph (3) the following new paragraphs: “(4) The term ‘divorced husband’ means a man divorced from an “Divorced husband.” individual, but only if he had been married to such individual for a period of 10 years immediately before the date the divorce became effective. “(5) The term ‘surviving divorced husband’ means a man divorced “Surviving divorced husband.” from an individual who has died, but only if he had been married to the individual for a period of 10 years immediately before the divorce became effective.”.
1983
Pub. L. 98–21 § 306(c) · 97 Stat. 65
Added · 42 U.S.C. § 416(d)(7)
Pub. L. 98–21, § 306(c), added par. (7)
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 98–21, § 306(c), added par. (7).
Enacted provision · exact public law section
(c) Section 216(d) of such Act (as amended by section 301(c)(1) of 42 USC 416. 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 “Surviving divorced father.” 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 “Surviving divorced parent.” divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6).”.
1983
Pub. L. 98–21 § 306(c) · 97 Stat. 65
Redesignated · 42 U.S.C. § 416(d)(8)
Pub. L. 98–21, § 306(c), redesignated former par. (6) as (8)
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 98–21, § 306(c), redesignated former par. (6) as (8).
Enacted provision · exact public law section
(c) Section 216(d) of such Act (as amended by section 301(c)(1) of 42 USC 416. 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 “Surviving divorced father.” 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 “Surviving divorced parent.” divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6).”.
1983
Pub. L. 98–21 § 309(j) · 97 Stat. 65
Inserted · 42 U.S.C. § 416(f)(3)(A); 42 U.S.C. § 416(g)(6)(A)
Pub. L. 98–21, § 309(j), (k), inserted reference to subsec. (c) of section 402 of this title
Source evidence
Code amendment note
Subsecs. (f)(3)(A), (g)(6)(A). Pub. L. 98–21, § 309(j), (k), inserted reference to subsec. (c) of section 402 of this title.
Enacted provision · exact public law section
(j) Section 216(f)(3)(A) of such Act is amended by inserting “(c),” 42 USC 416. before “(f)”.
1983
Pub. L. 98–21 § 333(a) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)
Pub. L. 98–21, § 333(a), substituted “subparagraphs (A)(i) and (B)(i)” for “subparagraph (A)(i)” in provisions following subpar. (C)(ii)
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 98–21, § 333(a), substituted “subparagraphs (A)(i) and (B)(i)” for “subparagraph (A)(i)” in provisions following subpar. (C)(ii).
Enacted provision · exact public law section
(a) The last sentence of section 216(h)(3) of the Social Security Act is amended by striking out “subparagraph (A)(i)” and 42 USC 416. inserting in lieu thereof “subparagraphs (A)(i) and (B)(i)”.
1983
Pub. L. 98–21 § 201(c)(1)(D) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(A)(i)
Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”
Source evidence
Code amendment note
Subsec. (h)(3)(A)(i). Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”.
Enacted provision · exact public law section
(D) subsections (h) and (i) of section 216; and 42 USC 416.
1983
Pub. L. 98–21 § 303(d)(1) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(A)(i)(I)
Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”
Source evidence
Code amendment note
Subsec. (h)(3)(A)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Enacted provision · exact public law section
(1) by striking out “his” wherever it appears and inserting in lieu thereof “his or her”; and
1983
Pub. L. 98–21 § 303(a) · 97 Stat. 65
Inserted · 42 U.S.C. § 416(h)(3)(A)(i)(II)
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”
Source evidence
Code amendment note
Subsec. (h)(3)(A)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Enacted provision · exact public law section
(a) Section 216(h)(3) of the Social Security Act is amended 42 USC 416. by inserting “mother or” before “father” wherever it appears.
1983
Pub. L. 98–21 § 303(d)(1) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(A)(i)(III)
Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”
Source evidence
Code amendment note
Subsec. (h)(3)(A)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Enacted provision · exact public law section
(1) by striking out “his” wherever it appears and inserting in lieu thereof “his or her”; and
1983
Pub. L. 98–21 § 303(a) · 97 Stat. 65
1. Inserted · 42 U.S.C. § 416(h)(3)(A)(ii)
  Pub. L. 98–21, § 303(a), (b), inserted “mother or” before “father”
2. Substituted · 42 U.S.C. § 416(h)(3)(A)(ii)
  Pub. L. 98–21, § 303(a), (b), substituted “such applicant’s application for benefits was filed” for “such insured individual became entitled to benefits or attained retirement age (as defined in subsection (l) of this section), whichever first occurred”
Source evidence
Code amendment note
Subsec. (h)(3)(A)(ii). Pub. L. 98–21, § 303(a), (b), inserted “mother or” before “father” and substituted “such applicant’s application for benefits was filed” for “such insured individual became entitled to benefits or attained retirement age (as defined in subsection (l) of this section), whichever first occurred”.
Enacted provision · exact public law section
(a) Section 216(h)(3) of the Social Security Act is amended 42 USC 416. by inserting “mother or” before “father” wherever it appears.
1983
Pub. L. 98–21 § 201(c)(1)(D) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(A)(ii)
Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”.
Enacted provision · exact public law section
(D) subsections (h) and (i) of section 216; and 42 USC 416.
1983
Pub. L. 98–21 § 303(d)(2) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(B)
Pub. L. 98–21, § 303(d)(2), substituted “he or she” for “he” in provisions preceding cl. (i)
Source evidence
Code amendment note
Subsec. (h)(3)(B). Pub. L. 98–21, § 303(d)(2), substituted “he or she” for “he” in provisions preceding cl. (i).
Enacted provision · exact public law section
(2) by striking out “he” in subparagraph (B) and inserting in lieu thereof “he or she”.
1983
Pub. L. 98–21 § 303(d)(1) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(B)(i)(I)
Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”
Source evidence
Code amendment note
Subsec. (h)(3)(B)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Enacted provision · exact public law section
(1) by striking out “his” wherever it appears and inserting in lieu thereof “his or her”; and
1983
Pub. L. 98–21 § 303(a) · 97 Stat. 65
Inserted · 42 U.S.C. § 416(h)(3)(B)(i)(II)
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”
Source evidence
Code amendment note
Subsec. (h)(3)(B)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Enacted provision · exact public law section
(a) Section 216(h)(3) of the Social Security Act is amended 42 USC 416. by inserting “mother or” before “father” wherever it appears.
1983
Pub. L. 98–21 § 303(d)(1) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(B)(i)(III)
Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”
Source evidence
Code amendment note
Subsec. (h)(3)(B)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Enacted provision · exact public law section
(1) by striking out “his” wherever it appears and inserting in lieu thereof “his or her”; and
1983
Pub. L. 98–21 § 303(c) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(B)(ii)
Pub. L. 98–21, § 303(c), substituted “such applicant’s application for benefits was filed” for “such period of disability began”
Source evidence
Code amendment note
Subsec. (h)(3)(B)(ii). Pub. L. 98–21, § 303(c), substituted “such applicant’s application for benefits was filed” for “such period of disability began”.
Enacted provision · exact public law section
(c) Section 216(h)(3)(B)(ii) of such Act is amended by striking out “such period of disability began” and inserting in lieu thereof “such applicant’s application for benefits was filed”.
1983
Pub. L. 98–21 § 303(a) · 97 Stat. 65
Inserted · 42 U.S.C. § 416(h)(3)(B)(ii)
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Enacted provision · exact public law section
(a) Section 216(h)(3) of the Social Security Act is amended 42 USC 416. by inserting “mother or” before “father” wherever it appears.
1983
Pub. L. 98–21 § 303(d)(1) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(C)(i)(I)
Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”
Source evidence
Code amendment note
Subsec. (h)(3)(C)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Enacted provision · exact public law section
(1) by striking out “his” wherever it appears and inserting in lieu thereof “his or her”; and
1983
Pub. L. 98–21 § 303(a) · 97 Stat. 65
Inserted · 42 U.S.C. § 416(h)(3)(C)(i)(II)
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”
Source evidence
Code amendment note
Subsec. (h)(3)(C)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Enacted provision · exact public law section
(a) Section 216(h)(3) of the Social Security Act is amended 42 USC 416. by inserting “mother or” before “father” wherever it appears.
1983
Pub. L. 98–21 § 303(d)(1) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(h)(3)(C)(i)(III)
Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”
Source evidence
Code amendment note
Subsec. (h)(3)(C)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Enacted provision · exact public law section
(1) by striking out “his” wherever it appears and inserting in lieu thereof “his or her”; and
1983
Pub. L. 98–21 § 303(a) · 97 Stat. 65
Inserted · 42 U.S.C. § 416(h)(3)(C)(ii)
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”
Source evidence
Code amendment note
Subsec. (h)(3)(C)(ii). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Enacted provision · exact public law section
(a) Section 216(h)(3) of the Social Security Act is amended 42 USC 416. by inserting “mother or” before “father” wherever it appears.
1983
Pub. L. 98–21 § 201(c)(1)(D) · 97 Stat. 65
1. Amended · 42 U.S.C. § 416(i)(2)(B)
  Pub. L. 98–21, § 201(c)(1)(D), as amended by Pub. L. 98–369, § 2662(c)(1)
2. Substituted · 42 U.S.C. § 416(i)(2)(B)
  Pub. L. 98–21, § 201(c)(1)(D), as substituted “retirement age (as defined in subsection (l))” for “the age of 65”
Source evidence
Code amendment note
Subsec. (i)(2)(B). Pub. L. 98–21, § 201(c)(1)(D), as amended by Pub. L. 98–369, § 2662(c)(1), substituted “retirement age (as defined in subsection (l))” for “the age of 65”.
Enacted provision · exact public law section
(D) subsections (h) and (i) of section 216; and 42 USC 416.
1983
Pub. L. 98–21 § 201(c)(1)(D) · 97 Stat. 65
Substituted · 42 U.S.C. § 416(i)(2)(D)
Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l))” for “age 65”
Source evidence
Code amendment note
Subsec. (i)(2)(D). Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l))” for “age 65”.
Enacted provision · exact public law section
(D) subsections (h) and (i) of section 216; and 42 USC 416.
1983
Pub. L. 98–21 § 332(a) · 97 Stat. 65
Added · 42 U.S.C. § 416(i)(3)(B)(iii)
Pub. L. 98–21, § 332(a), added cl. (iii)
Source evidence
Code amendment note
Subsec. (i)(3)(B)(iii). Pub. L. 98–21, § 332(a), added cl. (iii).
Enacted provision · exact public law section
(a) Section 216(i)(3) of the Social Security Act is 42 USC 416. amended— (1) by striking out the semicolon at the end of clause (ii) of subparagraph (B) and inserting in lieu thereof “, or”; and (2) by inserting after clause (ii) of such subparagraph the following new clause: “(iii) in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii), had a prior period of disability that began during a period before the quarter in which he or she attained age 31, not less than one-half of the quarters beginning after such individual attained age 21 and ending with such quarter are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage;”.
1983
Pub. L. 98–21 § 201(a) · 97 Stat. 65
Added · 42 U.S.C. § 416(l)
Pub. L. 98–21, § 201(a), added subsec. (l)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 98–21, § 201(a), added subsec. (l).
Enacted provision · exact public law section
(a) Section 216 of the Social Security Act is amended by 42 USC 416. adding at the end thereof the following new subsection: “Retirement Age “(l) (1) The term ‘retirement age’ means— “(A) with respect to an individual who attains early retirement age (as defined in paragraph (2)) before January 1, 2000, 65 years of age; “(B) with respect to an individual who attains early retirement age after December 31, 1999, and before January 1, 2005, 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age; “(C) with respect to an individual who attains early retirement age after December 31, 2004, and before January 1, 2017, 66 years of age; “(D) with respect to an individual who attains early retirement age after December 31, 2016, and before January 1, 2022, 66 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age; and “(E) with respect to an individual who attains early retirement age after December 31, 2021, 67 years of age. “(2) The term ‘early retirement age’ means age 62 in the case of “Early retirement age.” an old-age, wife’s, or husband’s insurance benefit, and age 60 in the case of a widow’s or widower’s insurance benefit. “(3) The age increase factor for any individual who attains early Age increase factor. retirement age in a calendar year within the period to which subparagraph (B) or (D) of paragraph (1) applies shall be determined as follows: “(A) With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2000 through 2004, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains early retirement age. “(B) With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2017 through 2021, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2017 and ending with December of the year in which the individual attains early retirement age.”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2661 · 98 Stat. 494
Inserted · 42 U.S.C. § 416(f)
Pub. L. 98–369, § 2661(l)(1), inserted provision that for purposes of subparagraph (C) of section 402(c)(1) of this title, a divorced husband shall be deemed not to be married throughout the month which he becomes divorced
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–369, § 2661(l)(1), inserted provision that for purposes of subparagraph (C) of section 402(c)(1) of this title, a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.
Enacted provision · exact public law section
Sec. 2661. changes in oasdi provisions necessitated by the 1983 amendments (a) Section 201(l)(3)(B)(i) of the Social Security Act is amended by inserting “Insurance” after “Survivors”. (b) (1) Section 202(c)(1) of such Act is amended (in the matter appearing between subparagraphs (D) and (E) of such section)— (A) by striking out all that follows “has attained” and precedes “, the first month” in clause (i) and inserting in lieu thereof “retirement age (as defined in section 216(D)” (B) by striking out all that follows “has not attained” and precedes “, or” in clause (ii)(1) and inserting in lieu thereof “retirement age (as defined in section 216(1))”; and (C) by striking out “to which” in the matter following clause (ii) and inserting in lieu thereof “in which”. (2) Section 202(c)(5)(A) of such Act is amended by striking out “classes (i) and (ii)” and inserting in lieu thereof “clauses (i) and (ii)”. (c) (1) Section 202(e)(2)(A) of such Act is amended by striking out all that follows “subsection (q),” and precedes “subparagraph (D) of this paragraph” and inserting in lieu thereof “paragraph (7) of this subsection, and”. (2) Section 202(e)(2)(C) of such Act is amended— (A) by striking out the period immediately after “deceased individual”; and (B) by inserting a closing parenthesis after “paragraph (3) of such subsection (w)”. (3) Paragraph (7) of section 202(e) of such Act is amended by striking out “paragraph (2)(B),” and inserting in lieu thereof “paragraph (2)(D),”. (d) (1) Section 202(f)(1)(C)(ii) of such Act is amended by striking out all that follows “attained” and precedes “, and” and inserting in lieu thereof “retirement age (as defined in section 216(D)”. (2) Section 202(f)(2)(A) of such Act is amended by striking out “paragraph (3)(B),” and inserting in lieu thereof “paragraph (3)(D),”. (3) Section 202(f)(3)(I) of such Act is amended by striking out the period immediately after “deceased individual”. (e) Section 202(q)(9)(B)(i) of such Act is amended by striking out “section 216(a)” and inserting in lieu thereof “section 216(1)”. (f) Section 202(x) of such Act is amended by adding at the beginning thereof the following heading: (g) (1) (A) Section 203(d) of such Act is amended— 97 Stat. 94 . 42 USC 403. (i) by striking out “on seven or more different calendar days of which he engaged” in paragraph (1)(A) and inserting in lieu thereof “for more than forty-five hours of which such individual engaged”; and (ii) by striking out “on seven or more different calendar days” in paragraph (2) and inserting in lieu thereof “for more than forty-five hours”. (B) The amendments made by subparagraph (A) shall apply only Effective date. 42 USC 403 note. with respect to months beginning with the second month after the month in which this Act is enacted. (2) (A) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(9) For purposes of paragraphs (3), (5)(D)(i), and (8)(D), the term ‘retirement age (as defined in section 216(1))’, with respect 97 Stat. 107 . 42 USC 416. to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is 42 USC 402. applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.”. (B) The amendment made by subparagraph (A) shall be effective Effective date. 42 USC 403 note. as though it had been enacted on April 20, 1983, as a part of section 201 of the Social Security Amendments of 1983. (h) Section 205(r) of such Act is amended— 97 Stat. 107. 97 Stat. 130. 42 USC 405. (1) by striking out “(r)(3)(A) and (r)(3)(B)” in paragraph (4) and inserting in lieu thereof “subparagraphs (A) and (B) of paragraph (3)”; (2) by striking out “the Act” in paragraph (7) and inserting in lieu thereof “this Act”; and (3) by striking out the heading and inserting in lieu thereof the following: (i) (1) Section 209(e) of such Act is amended by striking out the 97 Stat. 125. 42 USC 409. semicolon after “Act of 1974”. (2) The next to last unnumbered paragraph of section 209 of such Act is amended by striking out “section 414(h)(2) of such Code” in subdivision (2) and inserting in lieu thereof “section 414(h)(2) of such Code where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise)”. (j) Section 210(a) of such Act, in the matter preceding paragraph 97 Stat. 120 . 42 USC 410. (1), is amended by striking out the matter which follows “such affiliate” and precedes “or (C)” and the matter which follows “sec-tion 233” and precedes “except”, and by inserting in lieu thereof a comma and a semicolon, respectively. (k) (1) Section 215(a)(7)(B)(ii)(I) of such Act is amended by striking 97 Stat. 76. 42 USC 415. out “who initially become eligible for old-age or disability insurance benefits” and inserting in lieu thereof “who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62)”. (2) Section 215(a)(7)(C)(ii) of such Act is amended by striking out “survivors” and inserting in lieu thereof “survivor’s”. (3) Section 215(f)(9)(B)(i) of such Act is amended by striking out “as though such primary insurance amount had initially been computed without regard to subsection (a)(7) or (d)(5)” and inserting in lieu thereof “as though the recomputed primary insurance amount were being computed under subsection (a)(7) or (d)(5)”. (4) Section 215(i)(5)(A) of such Act is amended by adding at the end thereof the following new sentence: “Any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.”. (5) Section 215(i)5)(B) of such Act is amended— (A) by striking out clause (iii) and inserting in lieu thereof the following: “(iii) multiplying such quotient by 100 so as to yield such applicable additional percentage (which shall be rounded to the nearest one-tenth of 1 percent),”; (B) by striking out “ending with such subsequent calendar year” in clauses (iv) and (v) and inserting in lieu thereof “ending with the year before such subsequent calendar year”; and (C) by striking out “initially became eligible for an old-age or disability insurance benefit” in clause (v) and inserting in lieu thereof “became eligible (as defined in subsection (a)(3)(B)) for the old-age or disability insurance benefit that is being in-creased under this subsection”. (l) (1) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of subparagraph (C) of section 202(c)(1), a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.”. (2) Section 216(h)(3)(A)(i) of such Act (as in effect after the application of section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” and inserting in lieu thereof “(as defined in subsection (1))”. (3) Section 216(i)(2) of such Act (as amended by section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” in subparagraphs (B) and (D) and inserting in lieu thereof “(as defined in subsection (1))”. (m) Subparagraph (B) of section 223(c)(1) of such Act is amended by moving clause (iii) two ems to the left, and by moving the preceding provisions of such subparagraph two ems to the right, so that the left margin of such subparagraph and its clauses is in-dented four ems and is aligned with the margin of subparagraph (A) of such section. (n) Section 229(b) of such Act is amended by adding at the end thereof the following new sentence: “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) 97 Stat. 103 . of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”. (o) (1) Subsection (f) of section 86 of the Internal Revenue Code of 1954 is amended by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph: “(1) section 37(c)(3)(A) (relating to reduction for amounts received as pension or annuity),”. (2) Subsection (a) of section 134 of such Code is amended by Ante, p. 891. striking out paragraphs (6) and (7) and by redesignating paragraph (8) as paragraph (6). (3) Effective January 1, 1984, subparagraph (B) of section 97 Stat. 122 . 26 USC 3121. 3121(v)(1) of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (4) Effective January 1, 1985, subparagraph (B) of section 3306(r)(1) 97 Stat. 123 . 26 USC 3306. of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (5) Section 6334(c) of such Code is amended by inserting “(including section 26 USC 6334. 207 of the Social Security Act)” immediately after “any other law of the United States”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(11)(A) · 98 Stat. 494
Changed · 42 U.S.C. § 416(h)(3)
Pub. L. 98–369, § 2663(a)(11)(A), made technical amendment to directory language of Pub. L. 97–35, § 2203(d)(4). See 1981 Amendment Note below
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 98–369, § 2663(a)(11)(A), made technical amendment to directory language of Pub. L. 97–35, § 2203(d)(4). See 1981 Amendment Note below.
Enacted provision · exact public law section
(A) Section 2203(d)(4) of Public Law 97–35 is amended by inserting after “at the end of paragraph (3)” the following: “(after and below subparagraph (C)(ii))”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2661 · 98 Stat. 494
Substituted · 42 U.S.C. § 416(h)(3)(A)(i)
Pub. L. 98–369, § 2661(l)(2), substituted “subsection (l)” for “section 416(l) of this title”
Source evidence
Code amendment note
Subsec. (h)(3)(A)(i). Pub. L. 98–369, § 2661(l)(2), substituted “subsection (l)” for “section 416(l) of this title”.
Enacted provision · exact public law section
Sec. 2661. changes in oasdi provisions necessitated by the 1983 amendments (a) Section 201(l)(3)(B)(i) of the Social Security Act is amended by inserting “Insurance” after “Survivors”. (b) (1) Section 202(c)(1) of such Act is amended (in the matter appearing between subparagraphs (D) and (E) of such section)— (A) by striking out all that follows “has attained” and precedes “, the first month” in clause (i) and inserting in lieu thereof “retirement age (as defined in section 216(D)” (B) by striking out all that follows “has not attained” and precedes “, or” in clause (ii)(1) and inserting in lieu thereof “retirement age (as defined in section 216(1))”; and (C) by striking out “to which” in the matter following clause (ii) and inserting in lieu thereof “in which”. (2) Section 202(c)(5)(A) of such Act is amended by striking out “classes (i) and (ii)” and inserting in lieu thereof “clauses (i) and (ii)”. (c) (1) Section 202(e)(2)(A) of such Act is amended by striking out all that follows “subsection (q),” and precedes “subparagraph (D) of this paragraph” and inserting in lieu thereof “paragraph (7) of this subsection, and”. (2) Section 202(e)(2)(C) of such Act is amended— (A) by striking out the period immediately after “deceased individual”; and (B) by inserting a closing parenthesis after “paragraph (3) of such subsection (w)”. (3) Paragraph (7) of section 202(e) of such Act is amended by striking out “paragraph (2)(B),” and inserting in lieu thereof “paragraph (2)(D),”. (d) (1) Section 202(f)(1)(C)(ii) of such Act is amended by striking out all that follows “attained” and precedes “, and” and inserting in lieu thereof “retirement age (as defined in section 216(D)”. (2) Section 202(f)(2)(A) of such Act is amended by striking out “paragraph (3)(B),” and inserting in lieu thereof “paragraph (3)(D),”. (3) Section 202(f)(3)(I) of such Act is amended by striking out the period immediately after “deceased individual”. (e) Section 202(q)(9)(B)(i) of such Act is amended by striking out “section 216(a)” and inserting in lieu thereof “section 216(1)”. (f) Section 202(x) of such Act is amended by adding at the beginning thereof the following heading: (g) (1) (A) Section 203(d) of such Act is amended— 97 Stat. 94 . 42 USC 403. (i) by striking out “on seven or more different calendar days of which he engaged” in paragraph (1)(A) and inserting in lieu thereof “for more than forty-five hours of which such individual engaged”; and (ii) by striking out “on seven or more different calendar days” in paragraph (2) and inserting in lieu thereof “for more than forty-five hours”. (B) The amendments made by subparagraph (A) shall apply only Effective date. 42 USC 403 note. with respect to months beginning with the second month after the month in which this Act is enacted. (2) (A) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(9) For purposes of paragraphs (3), (5)(D)(i), and (8)(D), the term ‘retirement age (as defined in section 216(1))’, with respect 97 Stat. 107 . 42 USC 416. to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is 42 USC 402. applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.”. (B) The amendment made by subparagraph (A) shall be effective Effective date. 42 USC 403 note. as though it had been enacted on April 20, 1983, as a part of section 201 of the Social Security Amendments of 1983. (h) Section 205(r) of such Act is amended— 97 Stat. 107. 97 Stat. 130. 42 USC 405. (1) by striking out “(r)(3)(A) and (r)(3)(B)” in paragraph (4) and inserting in lieu thereof “subparagraphs (A) and (B) of paragraph (3)”; (2) by striking out “the Act” in paragraph (7) and inserting in lieu thereof “this Act”; and (3) by striking out the heading and inserting in lieu thereof the following: (i) (1) Section 209(e) of such Act is amended by striking out the 97 Stat. 125. 42 USC 409. semicolon after “Act of 1974”. (2) The next to last unnumbered paragraph of section 209 of such Act is amended by striking out “section 414(h)(2) of such Code” in subdivision (2) and inserting in lieu thereof “section 414(h)(2) of such Code where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise)”. (j) Section 210(a) of such Act, in the matter preceding paragraph 97 Stat. 120 . 42 USC 410. (1), is amended by striking out the matter which follows “such affiliate” and precedes “or (C)” and the matter which follows “sec-tion 233” and precedes “except”, and by inserting in lieu thereof a comma and a semicolon, respectively. (k) (1) Section 215(a)(7)(B)(ii)(I) of such Act is amended by striking 97 Stat. 76. 42 USC 415. out “who initially become eligible for old-age or disability insurance benefits” and inserting in lieu thereof “who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62)”. (2) Section 215(a)(7)(C)(ii) of such Act is amended by striking out “survivors” and inserting in lieu thereof “survivor’s”. (3) Section 215(f)(9)(B)(i) of such Act is amended by striking out “as though such primary insurance amount had initially been computed without regard to subsection (a)(7) or (d)(5)” and inserting in lieu thereof “as though the recomputed primary insurance amount were being computed under subsection (a)(7) or (d)(5)”. (4) Section 215(i)(5)(A) of such Act is amended by adding at the end thereof the following new sentence: “Any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.”. (5) Section 215(i)5)(B) of such Act is amended— (A) by striking out clause (iii) and inserting in lieu thereof the following: “(iii) multiplying such quotient by 100 so as to yield such applicable additional percentage (which shall be rounded to the nearest one-tenth of 1 percent),”; (B) by striking out “ending with such subsequent calendar year” in clauses (iv) and (v) and inserting in lieu thereof “ending with the year before such subsequent calendar year”; and (C) by striking out “initially became eligible for an old-age or disability insurance benefit” in clause (v) and inserting in lieu thereof “became eligible (as defined in subsection (a)(3)(B)) for the old-age or disability insurance benefit that is being in-creased under this subsection”. (l) (1) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of subparagraph (C) of section 202(c)(1), a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.”. (2) Section 216(h)(3)(A)(i) of such Act (as in effect after the application of section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” and inserting in lieu thereof “(as defined in subsection (1))”. (3) Section 216(i)(2) of such Act (as amended by section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” in subparagraphs (B) and (D) and inserting in lieu thereof “(as defined in subsection (1))”. (m) Subparagraph (B) of section 223(c)(1) of such Act is amended by moving clause (iii) two ems to the left, and by moving the preceding provisions of such subparagraph two ems to the right, so that the left margin of such subparagraph and its clauses is in-dented four ems and is aligned with the margin of subparagraph (A) of such section. (n) Section 229(b) of such Act is amended by adding at the end thereof the following new sentence: “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) 97 Stat. 103 . of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”. (o) (1) Subsection (f) of section 86 of the Internal Revenue Code of 1954 is amended by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph: “(1) section 37(c)(3)(A) (relating to reduction for amounts received as pension or annuity),”. (2) Subsection (a) of section 134 of such Code is amended by Ante, p. 891. striking out paragraphs (6) and (7) and by redesignating paragraph (8) as paragraph (6). (3) Effective January 1, 1984, subparagraph (B) of section 97 Stat. 122 . 26 USC 3121. 3121(v)(1) of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (4) Effective January 1, 1985, subparagraph (B) of section 3306(r)(1) 97 Stat. 123 . 26 USC 3306. of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (5) Section 6334(c) of such Code is amended by inserting “(including section 26 USC 6334. 207 of the Social Security Act)” immediately after “any other law of the United States”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2661 · 98 Stat. 494
Substituted · 42 U.S.C. § 416(i)(2)(B)
Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”
Source evidence
Code amendment note
Subsec. (i)(2)(B). Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”.
Enacted provision · exact public law section
Sec. 2661. changes in oasdi provisions necessitated by the 1983 amendments (a) Section 201(l)(3)(B)(i) of the Social Security Act is amended by inserting “Insurance” after “Survivors”. (b) (1) Section 202(c)(1) of such Act is amended (in the matter appearing between subparagraphs (D) and (E) of such section)— (A) by striking out all that follows “has attained” and precedes “, the first month” in clause (i) and inserting in lieu thereof “retirement age (as defined in section 216(D)” (B) by striking out all that follows “has not attained” and precedes “, or” in clause (ii)(1) and inserting in lieu thereof “retirement age (as defined in section 216(1))”; and (C) by striking out “to which” in the matter following clause (ii) and inserting in lieu thereof “in which”. (2) Section 202(c)(5)(A) of such Act is amended by striking out “classes (i) and (ii)” and inserting in lieu thereof “clauses (i) and (ii)”. (c) (1) Section 202(e)(2)(A) of such Act is amended by striking out all that follows “subsection (q),” and precedes “subparagraph (D) of this paragraph” and inserting in lieu thereof “paragraph (7) of this subsection, and”. (2) Section 202(e)(2)(C) of such Act is amended— (A) by striking out the period immediately after “deceased individual”; and (B) by inserting a closing parenthesis after “paragraph (3) of such subsection (w)”. (3) Paragraph (7) of section 202(e) of such Act is amended by striking out “paragraph (2)(B),” and inserting in lieu thereof “paragraph (2)(D),”. (d) (1) Section 202(f)(1)(C)(ii) of such Act is amended by striking out all that follows “attained” and precedes “, and” and inserting in lieu thereof “retirement age (as defined in section 216(D)”. (2) Section 202(f)(2)(A) of such Act is amended by striking out “paragraph (3)(B),” and inserting in lieu thereof “paragraph (3)(D),”. (3) Section 202(f)(3)(I) of such Act is amended by striking out the period immediately after “deceased individual”. (e) Section 202(q)(9)(B)(i) of such Act is amended by striking out “section 216(a)” and inserting in lieu thereof “section 216(1)”. (f) Section 202(x) of such Act is amended by adding at the beginning thereof the following heading: (g) (1) (A) Section 203(d) of such Act is amended— 97 Stat. 94 . 42 USC 403. (i) by striking out “on seven or more different calendar days of which he engaged” in paragraph (1)(A) and inserting in lieu thereof “for more than forty-five hours of which such individual engaged”; and (ii) by striking out “on seven or more different calendar days” in paragraph (2) and inserting in lieu thereof “for more than forty-five hours”. (B) The amendments made by subparagraph (A) shall apply only Effective date. 42 USC 403 note. with respect to months beginning with the second month after the month in which this Act is enacted. (2) (A) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(9) For purposes of paragraphs (3), (5)(D)(i), and (8)(D), the term ‘retirement age (as defined in section 216(1))’, with respect 97 Stat. 107 . 42 USC 416. to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is 42 USC 402. applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.”. (B) The amendment made by subparagraph (A) shall be effective Effective date. 42 USC 403 note. as though it had been enacted on April 20, 1983, as a part of section 201 of the Social Security Amendments of 1983. (h) Section 205(r) of such Act is amended— 97 Stat. 107. 97 Stat. 130. 42 USC 405. (1) by striking out “(r)(3)(A) and (r)(3)(B)” in paragraph (4) and inserting in lieu thereof “subparagraphs (A) and (B) of paragraph (3)”; (2) by striking out “the Act” in paragraph (7) and inserting in lieu thereof “this Act”; and (3) by striking out the heading and inserting in lieu thereof the following: (i) (1) Section 209(e) of such Act is amended by striking out the 97 Stat. 125. 42 USC 409. semicolon after “Act of 1974”. (2) The next to last unnumbered paragraph of section 209 of such Act is amended by striking out “section 414(h)(2) of such Code” in subdivision (2) and inserting in lieu thereof “section 414(h)(2) of such Code where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise)”. (j) Section 210(a) of such Act, in the matter preceding paragraph 97 Stat. 120 . 42 USC 410. (1), is amended by striking out the matter which follows “such affiliate” and precedes “or (C)” and the matter which follows “sec-tion 233” and precedes “except”, and by inserting in lieu thereof a comma and a semicolon, respectively. (k) (1) Section 215(a)(7)(B)(ii)(I) of such Act is amended by striking 97 Stat. 76. 42 USC 415. out “who initially become eligible for old-age or disability insurance benefits” and inserting in lieu thereof “who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62)”. (2) Section 215(a)(7)(C)(ii) of such Act is amended by striking out “survivors” and inserting in lieu thereof “survivor’s”. (3) Section 215(f)(9)(B)(i) of such Act is amended by striking out “as though such primary insurance amount had initially been computed without regard to subsection (a)(7) or (d)(5)” and inserting in lieu thereof “as though the recomputed primary insurance amount were being computed under subsection (a)(7) or (d)(5)”. (4) Section 215(i)(5)(A) of such Act is amended by adding at the end thereof the following new sentence: “Any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.”. (5) Section 215(i)5)(B) of such Act is amended— (A) by striking out clause (iii) and inserting in lieu thereof the following: “(iii) multiplying such quotient by 100 so as to yield such applicable additional percentage (which shall be rounded to the nearest one-tenth of 1 percent),”; (B) by striking out “ending with such subsequent calendar year” in clauses (iv) and (v) and inserting in lieu thereof “ending with the year before such subsequent calendar year”; and (C) by striking out “initially became eligible for an old-age or disability insurance benefit” in clause (v) and inserting in lieu thereof “became eligible (as defined in subsection (a)(3)(B)) for the old-age or disability insurance benefit that is being in-creased under this subsection”. (l) (1) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of subparagraph (C) of section 202(c)(1), a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.”. (2) Section 216(h)(3)(A)(i) of such Act (as in effect after the application of section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” and inserting in lieu thereof “(as defined in subsection (1))”. (3) Section 216(i)(2) of such Act (as amended by section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” in subparagraphs (B) and (D) and inserting in lieu thereof “(as defined in subsection (1))”. (m) Subparagraph (B) of section 223(c)(1) of such Act is amended by moving clause (iii) two ems to the left, and by moving the preceding provisions of such subparagraph two ems to the right, so that the left margin of such subparagraph and its clauses is in-dented four ems and is aligned with the margin of subparagraph (A) of such section. (n) Section 229(b) of such Act is amended by adding at the end thereof the following new sentence: “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) 97 Stat. 103 . of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”. (o) (1) Subsection (f) of section 86 of the Internal Revenue Code of 1954 is amended by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph: “(1) section 37(c)(3)(A) (relating to reduction for amounts received as pension or annuity),”. (2) Subsection (a) of section 134 of such Code is amended by Ante, p. 891. striking out paragraphs (6) and (7) and by redesignating paragraph (8) as paragraph (6). (3) Effective January 1, 1984, subparagraph (B) of section 97 Stat. 122 . 26 USC 3121. 3121(v)(1) of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (4) Effective January 1, 1985, subparagraph (B) of section 3306(r)(1) 97 Stat. 123 . 26 USC 3306. of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (5) Section 6334(c) of such Code is amended by inserting “(including section 26 USC 6334. 207 of the Social Security Act)” immediately after “any other law of the United States”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2662(c)(1) · 98 Stat. 494
Changed · 42 U.S.C. § 416(i)(2)(B)
Pub. L. 98–369, § 2662(c)(1), made clarifying amendment to Pub. L. 98–21, § 201(c)(1)(D). See 1983 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–369, § 2662(c)(1), made clarifying amendment to Pub. L. 98–21, § 201(c)(1)(D). See 1983 Amendment note below.
Enacted provision · exact public law section
(1) by inserting “the” immediately before “age of 65” in paragraph (1); and
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2661 · 98 Stat. 494
Substituted · 42 U.S.C. § 416(i)(2)(D)
Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”.
Enacted provision · exact public law section
Sec. 2661. changes in oasdi provisions necessitated by the 1983 amendments (a) Section 201(l)(3)(B)(i) of the Social Security Act is amended by inserting “Insurance” after “Survivors”. (b) (1) Section 202(c)(1) of such Act is amended (in the matter appearing between subparagraphs (D) and (E) of such section)— (A) by striking out all that follows “has attained” and precedes “, the first month” in clause (i) and inserting in lieu thereof “retirement age (as defined in section 216(D)” (B) by striking out all that follows “has not attained” and precedes “, or” in clause (ii)(1) and inserting in lieu thereof “retirement age (as defined in section 216(1))”; and (C) by striking out “to which” in the matter following clause (ii) and inserting in lieu thereof “in which”. (2) Section 202(c)(5)(A) of such Act is amended by striking out “classes (i) and (ii)” and inserting in lieu thereof “clauses (i) and (ii)”. (c) (1) Section 202(e)(2)(A) of such Act is amended by striking out all that follows “subsection (q),” and precedes “subparagraph (D) of this paragraph” and inserting in lieu thereof “paragraph (7) of this subsection, and”. (2) Section 202(e)(2)(C) of such Act is amended— (A) by striking out the period immediately after “deceased individual”; and (B) by inserting a closing parenthesis after “paragraph (3) of such subsection (w)”. (3) Paragraph (7) of section 202(e) of such Act is amended by striking out “paragraph (2)(B),” and inserting in lieu thereof “paragraph (2)(D),”. (d) (1) Section 202(f)(1)(C)(ii) of such Act is amended by striking out all that follows “attained” and precedes “, and” and inserting in lieu thereof “retirement age (as defined in section 216(D)”. (2) Section 202(f)(2)(A) of such Act is amended by striking out “paragraph (3)(B),” and inserting in lieu thereof “paragraph (3)(D),”. (3) Section 202(f)(3)(I) of such Act is amended by striking out the period immediately after “deceased individual”. (e) Section 202(q)(9)(B)(i) of such Act is amended by striking out “section 216(a)” and inserting in lieu thereof “section 216(1)”. (f) Section 202(x) of such Act is amended by adding at the beginning thereof the following heading: (g) (1) (A) Section 203(d) of such Act is amended— 97 Stat. 94 . 42 USC 403. (i) by striking out “on seven or more different calendar days of which he engaged” in paragraph (1)(A) and inserting in lieu thereof “for more than forty-five hours of which such individual engaged”; and (ii) by striking out “on seven or more different calendar days” in paragraph (2) and inserting in lieu thereof “for more than forty-five hours”. (B) The amendments made by subparagraph (A) shall apply only Effective date. 42 USC 403 note. with respect to months beginning with the second month after the month in which this Act is enacted. (2) (A) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(9) For purposes of paragraphs (3), (5)(D)(i), and (8)(D), the term ‘retirement age (as defined in section 216(1))’, with respect 97 Stat. 107 . 42 USC 416. to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is 42 USC 402. applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.”. (B) The amendment made by subparagraph (A) shall be effective Effective date. 42 USC 403 note. as though it had been enacted on April 20, 1983, as a part of section 201 of the Social Security Amendments of 1983. (h) Section 205(r) of such Act is amended— 97 Stat. 107. 97 Stat. 130. 42 USC 405. (1) by striking out “(r)(3)(A) and (r)(3)(B)” in paragraph (4) and inserting in lieu thereof “subparagraphs (A) and (B) of paragraph (3)”; (2) by striking out “the Act” in paragraph (7) and inserting in lieu thereof “this Act”; and (3) by striking out the heading and inserting in lieu thereof the following: (i) (1) Section 209(e) of such Act is amended by striking out the 97 Stat. 125. 42 USC 409. semicolon after “Act of 1974”. (2) The next to last unnumbered paragraph of section 209 of such Act is amended by striking out “section 414(h)(2) of such Code” in subdivision (2) and inserting in lieu thereof “section 414(h)(2) of such Code where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise)”. (j) Section 210(a) of such Act, in the matter preceding paragraph 97 Stat. 120 . 42 USC 410. (1), is amended by striking out the matter which follows “such affiliate” and precedes “or (C)” and the matter which follows “sec-tion 233” and precedes “except”, and by inserting in lieu thereof a comma and a semicolon, respectively. (k) (1) Section 215(a)(7)(B)(ii)(I) of such Act is amended by striking 97 Stat. 76. 42 USC 415. out “who initially become eligible for old-age or disability insurance benefits” and inserting in lieu thereof “who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62)”. (2) Section 215(a)(7)(C)(ii) of such Act is amended by striking out “survivors” and inserting in lieu thereof “survivor’s”. (3) Section 215(f)(9)(B)(i) of such Act is amended by striking out “as though such primary insurance amount had initially been computed without regard to subsection (a)(7) or (d)(5)” and inserting in lieu thereof “as though the recomputed primary insurance amount were being computed under subsection (a)(7) or (d)(5)”. (4) Section 215(i)(5)(A) of such Act is amended by adding at the end thereof the following new sentence: “Any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.”. (5) Section 215(i)5)(B) of such Act is amended— (A) by striking out clause (iii) and inserting in lieu thereof the following: “(iii) multiplying such quotient by 100 so as to yield such applicable additional percentage (which shall be rounded to the nearest one-tenth of 1 percent),”; (B) by striking out “ending with such subsequent calendar year” in clauses (iv) and (v) and inserting in lieu thereof “ending with the year before such subsequent calendar year”; and (C) by striking out “initially became eligible for an old-age or disability insurance benefit” in clause (v) and inserting in lieu thereof “became eligible (as defined in subsection (a)(3)(B)) for the old-age or disability insurance benefit that is being in-creased under this subsection”. (l) (1) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of subparagraph (C) of section 202(c)(1), a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.”. (2) Section 216(h)(3)(A)(i) of such Act (as in effect after the application of section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” and inserting in lieu thereof “(as defined in subsection (1))”. (3) Section 216(i)(2) of such Act (as amended by section 2662(c)(1) of this Act) is amended by striking out “(as defined in section 216(1))” in subparagraphs (B) and (D) and inserting in lieu thereof “(as defined in subsection (1))”. (m) Subparagraph (B) of section 223(c)(1) of such Act is amended by moving clause (iii) two ems to the left, and by moving the preceding provisions of such subparagraph two ems to the right, so that the left margin of such subparagraph and its clauses is in-dented four ems and is aligned with the margin of subparagraph (A) of such section. (n) Section 229(b) of such Act is amended by adding at the end thereof the following new sentence: “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) 97 Stat. 103 . of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”. (o) (1) Subsection (f) of section 86 of the Internal Revenue Code of 1954 is amended by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph: “(1) section 37(c)(3)(A) (relating to reduction for amounts received as pension or annuity),”. (2) Subsection (a) of section 134 of such Code is amended by Ante, p. 891. striking out paragraphs (6) and (7) and by redesignating paragraph (8) as paragraph (6). (3) Effective January 1, 1984, subparagraph (B) of section 97 Stat. 122 . 26 USC 3121. 3121(v)(1) of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (4) Effective January 1, 1985, subparagraph (B) of section 3306(r)(1) 97 Stat. 123 . 26 USC 3306. of such Code is amended to read as follows: “(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).”. (5) Section 6334(c) of such Code is amended by inserting “(including section 26 USC 6334. 207 of the Social Security Act)” immediately after “any other law of the United States”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(11)(B) · 98 Stat. 494
Substituted · 42 U.S.C. § 416(i)(2)(F)(ii)
Pub. L. 98–369, § 2663(a)(11)(B), substituted a dash for a comma after “before January 1968” in provisions preceding subcl. (I)
Source evidence
Code amendment note
Subsec. (i)(2)(F)(ii). Pub. L. 98–369, § 2663(a)(11)(B), substituted a dash for a comma after “before January 1968” in provisions preceding subcl. (I).
Enacted provision · exact public law section
(B) Section 216(i)(2)(F)(ii) of the Social Security Act is amended by striking out “enacted,” in the matter immediately preceding subdivision (i) and inserting in lieu thereof “enacted—”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 4(a)(2) · 98 Stat. 1794
Inserted · 42 U.S.C. § 416(i)(1)
Pub. L. 98–460, § 4(a)(2), inserted “(2)(C),” after “(2)(A),”
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 98–460, § 4(a)(2), inserted “(2)(C),” after “(2)(A),”.
Enacted provision · exact public law section
(2) The third sentence of section 216(i)(1) of such Act is amended by inserting “(2)(C),” after “(2)(A),”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 2(b) · 98 Stat. 1794
Inserted · 42 U.S.C. § 416(i)(2)(D)
Pub. L. 98–460, § 2(b), inserted “The provisions set forth in section 423(f) of this title with respect to determinations of whether entitlement to benefits under this subchapter or subchapter XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).”
Source evidence
Code amendment note
Subsec. (i)(2)(D). Pub. L. 98–460, § 2(b), inserted “The provisions set forth in section 423(f) of this title with respect to determinations of whether entitlement to benefits under this subchapter or subchapter XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).”
Enacted provision · exact public law section
(b) Section 216(i)(2)(D) of such Act is amended by adding at the end thereof the following: “The provisions set forth in section 223(f) with respect to determinations of whether entitlement to benefits under 42 USC 1395. this title or title XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).”
1987
Pub. L. 100–203 title IX § 9010(e)(1) · 101 Stat. 1330
Substituted · 42 U.S.C. § 416(i)(2)(D)(ii)(II)
Pub. L. 100–203 substituted “36-month period” for “15-month period”
Source evidence
Code amendment note
Subsec. (i)(2)(D)(ii)(II). Pub. L. 100–203 substituted “36-month period” for “15-month period”.
Enacted provision · exact public law section
(1) Termination of Period of Disability.— Subparagraph (D) of section 216(i)(2) of such Act is amended by striking “15- 42 USC 416. month” and inserting “36-month”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5104(a) · 104 Stat. 1388
1. Substituted · 42 U.S.C. § 416(e)
  Pub. L. 101–508, § 5104(a), substituted “either living with or receiving at least one-half of his support from such individual at the time of such individual’s death” for “at the time of such individual’s death living in such individual’s household”
2. Struck · 42 U.S.C. § 416(e)
  Pub. L. 101–508, § 5104(a), struck out before period at end of second sentence “; except that this sentence shall not apply if at the time of such individual’s death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–508, § 5104(a), substituted “either living with or receiving at least one-half of his support from such individual at the time of such individual’s death” for “at the time of such individual’s death living in such individual’s household” and struck out before period at end of second sentence “; except that this sentence shall not apply if at the time of such individual’s death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children”.
Enacted provision · exact public law section
(a) In General.— Section 216(e) (42 U.S.C. 416(e)) is amended in the second sentence— (1) by striking “at the time of such individual’s death living in such individual’s household” and inserting “either living with or receiving at least one-half of his support from such individual at the time of such individual’s death”; and (2) by striking “; except” and all that follows and inserting a period.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5119(a)(1) · 104 Stat. 1388
Amended · 42 U.S.C. § 416(h)(1)(A)
Pub. L. 101–508, § 5119(a)(1), designated first and second sentences as cls. (i) and (ii), respectively
Source evidence
Code amendment note
Subsec. (h)(1)(A). Pub. L. 101–508, § 5119(a)(1), designated first and second sentences as cls. (i) and (ii), respectively.
Enacted provision · exact public law section
(1) in subparagraph (A)— (A) by inserting “(i)” after “(h)(IXA)”; and (B) by striking “If such courts” in the second sentence and inserting the following: “(ii) If such courts”; and
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5119(b) · 104 Stat. 1388
1. Substituted · 42 U.S.C. § 416(h)(1)(B)(i)
  Pub. L. 101–508, § 5119(b), substituted “where under subsection (b), (c), (d), (f), or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual” for “where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual”
2. Struck · 42 U.S.C. § 416(h)(1)(B)(i)
  Pub. L. 101–508, § 5119(b), struck out “and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application,” after “valid marriage,”
3. Substituted · 42 U.S.C. § 416(h)(1)(B)(i)
  Pub. L. 101–508, § 5119(b), substituted “subsections (b), (c), (d), (f), and (g)” for “subsections (b), (c), (f), and (g)”
4. Inserted · 42 U.S.C. § 416(h)(1)(B)(i)
  Pub. L. 101–508, § 5119(b), inserted at end “Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.”
Source evidence
Code amendment note
Subsec. (h)(1)(B)(i). Pub. L. 101–508, § 5119(b), substituted “where under subsection (b), (c), (d), (f), or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual” for “where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual”, struck out “and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application,” after “valid marriage,”, substituted “subsections (b), (c), (d), (f), and (g)” for “subsections (b), (c), (f), and (g)”, and inserted at end “Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.”
Enacted provision · exact public law section
(b) Treatment of Divorce in the Context of Invalid Marriage.— Section 216(h)(l)(B)(i) (as amended by subsection (a)) is further amended— (1) by striking “where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual” and inserting “where under subsection (b), (c), (d), (D, or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual”; (2) by striking “and such applicant” and all that follows through “files the application,”; (3) by striking “subsections (b), (c), (0, and (g)” and inserting “subsections (b), (c), (d), (fl, and (g)”; and (4) by adding at the end the following new sentences: “Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5119(a)(2)(A) · 104 Stat. 1388
Inserted · 42 U.S.C. § 416(h)(1)(B)(i)
Pub. L. 101–508, § 5119(a)(2)(A), inserted “(i)” after “(B)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–508, § 5119(a)(2)(A), inserted “(i)” after “(B)”.
Enacted provision · exact public law section
(A) by inserting “(i)” after “(B)”;
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5119(a)(2)(B) · 104 Stat. 1388
Substituted · 42 U.S.C. § 416(h)(1)(B)(ii)
Pub. L. 101–508, § 5119(a)(2)(B), (C), substituted “(ii) The provisions of clause (i) shall not apply” for “The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant files the application, or (ii)”
Source evidence
Code amendment note
Subsec. (h)(1)(B)(ii). Pub. L. 101–508, § 5119(a)(2)(B), (C), substituted “(ii) The provisions of clause (i) shall not apply” for “The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant files the application, or (ii)”.
Enacted provision · exact public law section
(B) by striking “The provisions of the preceding sentence” in the second sentence and inserting the following: “(ii) The provisions of clause (i)”;
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5119(a)(2)(D) · 104 Stat. 1388
1. Substituted · 42 U.S.C. § 416(h)(1)(B)(iii)
  Pub. L. 101–508, § 5119(a)(2)(D)–(G), substituted “(iii) The entitlement to a monthly benefit under subsection (b) or (c)” for “The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g)”
2. Substituted · 42 U.S.C. § 416(h)(1)(B)(iii)
  Pub. L. 101–508, § 5119(a)(2)(D)–(G), substituted “a wife or husband” for “a wife, widow, husband, or widower”
3. Substituted · 42 U.S.C. § 416(h)(1)(B)(iii)
  Pub. L. 101–508, § 5119(a)(2)(D)–(G), substituted “in which such person enters” for “(i) in which the Secretary certifies, pursuant to section 405(i) of this title, that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 402 of this title, in which such applicant entered”
Source evidence
Code amendment note
Subsec. (h)(1)(B)(iii). Pub. L. 101–508, § 5119(a)(2)(D)–(G), substituted “(iii) The entitlement to a monthly benefit under subsection (b) or (c)” for “The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g)”, “a wife or husband” for “a wife, widow, husband, or widower”, and “in which such person enters” for “(i) in which the Secretary certifies, pursuant to section 405(i) of this title, that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 402 of this title, in which such applicant entered”.
Enacted provision · exact public law section
(D) by striking “The entitlement” in the third sentence and inserting the following: “(iii) The entitlement”;
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5119(a)(2)(H) · 104 Stat. 1388
1. Inserted · 42 U.S.C. § 416(h)(1)(B)(iv)
  Pub. L. 101–508, § 5119(a)(2)(H), (I), inserted “(iv)” before “For purposes”
2. Substituted · 42 U.S.C. § 416(h)(1)(B)(iv)
  Pub. L. 101–508, § 5119(a)(2)(H), (I), substituted “(I)” and “(II)” for “(i)” and “(ii)”, respectively
Source evidence
Code amendment note
Subsec. (h)(1)(B)(iv). Pub. L. 101–508, § 5119(a)(2)(H), (I), inserted “(iv)” before “For purposes” and substituted “(I)” and “(II)” for “(i)” and “(ii)”, respectively.
Enacted provision · exact public law section
(H) by striking “For purposes” in the fourth sentence and inserting the following: “(iv) For purposes”;
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(b)(1) · 104 Stat. 1388
Substituted · 42 U.S.C. § 416(i)(1)
Pub. L. 101–508, § 5103(b)(1), substituted “(2)(B)” for “(2)(C)”
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 101–508, § 5103(b)(1), substituted “(2)(B)” for “(2)(C)”.
Enacted provision · exact public law section
(1) The third sentence of section 216(i)(l) (42 U.S.C. 416(i)(D) is amended by striking “(2)(C)” and inserting “(2)(B)”.
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Substituted · 42 U.S.C. § 416(h); 42 U.S.C. § 416(i)
  Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in subsec. (i)(2)(F)(i), (ii)(III)
2. Substituted · 42 U.S.C. § 416(h); 42 U.S.C. § 416(i)
  Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner’s” for “his” in subsec. (i)(2)(F)(i), (ii)(III)
3. Substituted · 42 U.S.C. § 416(h); 42 U.S.C. § 416(i)
  Pub. L. 103–296, § 107(a)(4), substituted “prescribed by the Commissioner” for “prescribed by him” in subsec. (i)(2)(F)(i), (ii)(III)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “his” in subsec. (h)(1)(B)(ii), and “prescribed by the Commissioner” for “prescribed by him” in subsec. (i)(2)(F)(i), (ii)(III).
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 321(c)(6)(H) · 108 Stat. 1464
Substituted · 42 U.S.C. § 416(j)
Pub. L. 103–296, § 321(c)(6)(H), substituted “1986” for “1954” after “Code of”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 103–296, § 321(c)(6)(H), substituted “1986” for “1954” after “Code of”.
Enacted provision · exact public law section
(H) in section 216(j) (42 U.S.C. 416(j)),
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 416(j)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 416(k)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places
Source evidence
Code amendment note
Subsec. (k). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
2004
Pub. L. 108–203 § 414(a) · 118 Stat. 493
1. Amended · 42 U.S.C. § 416(c)
  Pub. L. 108–203, § 414(a), designated existing provisions as par. (1)
2. Redesignated · 42 U.S.C. § 416(c)
  Pub. L. 108–203, § 414(a), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “she was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively
3. Added · 42 U.S.C. § 416(c)
  Pub. L. 108–203, § 414(a), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–203, § 414(a), designated existing provisions as par. (1), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “she was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively, and added par. (2).
Enacted provision · exact public law section
(a) Widows.— Section 216(c) of the Social Security Act (42 U.S.C. 416(c)) is amended— (1) by redesignating subclauses (A) through (C) of clause (6) as subclauses (i) through (iii), respectively; (2) by redesignating clauses (1) through (6) as clauses (A) through (F), respectively; (3) in clause (E) (as redesignated), by inserting “except as provided in paragraph (2),” before “she was married”; (4) by inserting “(1)” after “(c)”; and (5) by adding at the end the following: “(2) The requirements of paragraph (1)(E) in connection with the surviving wife of an individual shall be treated as satisfied if— “(A) the individual had been married prior to the individual’s marriage to the surviving wife, “(B) the prior wife was institutionalized during the individual’s marriage to the prior wife due to mental incompetence or similar incapacity, “(C) during the period of the prior wife’s institutionalization, the individual would have divorced the prior wife and married the surviving wife, but the individual did not do so because such divorce would have been unlawful, by reason of the prior wife’s institutionalization, under the laws of the State in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security), “(D) the prior wife continued to remain institutionalized up to the time of her death, and “(E) the individual married the surviving wife within 60 days after the prior wife’s death.” .
Effective date note
Pub. L. 108–203, title IV, § 414(d), Mar. 2, 2004, 118 Stat. 530, provided that: “The amendments made by this section [amending this section] shall be effective with respect to applications for benefits under title II of the Social Security Act [this subchapter] filed during months ending after the date of the enactment of this Act [Mar. 2, 2004].”
2004
Pub. L. 108–203 § 414(b) · 118 Stat. 493
1. Amended · 42 U.S.C. § 416(g)
  Pub. L. 108–203, § 414(b), designated existing provisions as par. (1)
2. Redesignated · 42 U.S.C. § 416(g)
  Pub. L. 108–203, § 414(b), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “he was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively
3. Added · 42 U.S.C. § 416(g)
  Pub. L. 108–203, § 414(b), added par. (2)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 108–203, § 414(b), designated existing provisions as par. (1), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “he was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively, and added par. (2).
Enacted provision · exact public law section
(b) Widowers.— Section 216(g) of such Act (42 U.S.C. 416(g)) is amended— (1) by redesignating subclauses (A) through (C) of clause (6) as subclauses (i) through (iii), respectively; (2) by redesignating clauses (1) through (6) as clauses (A) through (F), respectively; (3) in clause (E) (as redesignated), by inserting “except as provided in paragraph (2),” before “he was married”; (4) by inserting “(1)” after “(g)”; and (5) by adding at the end the following: “(2) The requirements of paragraph (1)(E) in connection with the surviving husband of an individual shall be treated as satisfied if— “(A) the individual had been married prior to the individual’s marriage to the surviving husband, “(B) the prior husband was institutionalized during the individual’s marriage to the prior husband due to mental incompetence or similar incapacity, “(C) during the period of the prior husband’s institutionalization, the individual would have divorced the prior husband and married the surviving husband, but the individual did not do so because such divorce would have been unlawful, by reason of the prior husband’s institutionalization, under the laws of the State in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security), “(D) the prior husband continued to remain institutionalized up to the time of his death, and “(E) the individual married the surviving husband within 60 days after the prior husband’s death.” .
Effective date note
Pub. L. 108–203, title IV, § 414(d), Mar. 2, 2004, 118 Stat. 530, provided that: “The amendments made by this section [amending this section] shall be effective with respect to applications for benefits under title II of the Social Security Act [this subchapter] filed during months ending after the date of the enactment of this Act [Mar. 2, 2004].”
2004
Pub. L. 108–203 § 414(c) · 118 Stat. 493
Substituted · 42 U.S.C. § 416(k)
Pub. L. 108–203, § 414(c), substituted “clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1)” for “clause (5) of subsection (c) or clause (5) of subsection (g)” in introductory provisions
Source evidence
Code amendment note
Subsec. (k). Pub. L. 108–203, § 414(c), substituted “clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1)” for “clause (5) of subsection (c) or clause (5) of subsection (g)” in introductory provisions.
Enacted provision · exact public law section
(c) Conforming Amendment.— Section 216(k) of such Act (42 U.S.C. 416(k)) is amended by striking “clause (5) of subsection (c) or clause (5) of subsection (g)” and inserting “clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1)”.
Effective date note
Pub. L. 108–203, title IV, § 414(d), Mar. 2, 2004, 118 Stat. 530, provided that: “The amendments made by this section [amending this section] shall be effective with respect to applications for benefits under title II of the Social Security Act [this subchapter] filed during months ending after the date of the enactment of this Act [Mar. 2, 2004].”

140 of 177 references resolved to an enrolled provision · 32 partial · 5 unresolved

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (j), is classified generally to Title 26, Internal Revenue Code.

Constitutionality

For information regarding the constitutionality of section 339(a) of Pub. L. 89–97, amending this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Amendments1952–2004 · 21 rounds

2004

Subsec. (c). Pub. L. 108–203, § 414(a), designated existing provisions as par. (1), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “she was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively, and added par. (2).

Subsec. (g). Pub. L. 108–203, § 414(b), designated existing provisions as par. (1), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “he was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively, and added par. (2).

Subsec. (k). Pub. L. 108–203, § 414(c), substituted “clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1)” for “clause (5) of subsection (c) or clause (5) of subsection (g)” in introductory provisions.

1994

Subsecs. (h), (i). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “his” in subsec. (h)(1)(B)(ii), and “prescribed by the Commissioner” for “prescribed by him” in subsec. (i)(2)(F)(i), (ii)(III).

Subsec. (j). Pub. L. 103–296, § 321(c)(6)(H), substituted “1986” for “1954” after “Code of”.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsec. (k). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

1990

Subsec. (e). Pub. L. 101–508, § 5104(a), substituted “either living with or receiving at least one-half of his support from such individual at the time of such individual’s death” for “at the time of such individual’s death living in such individual’s household” and struck out before period at end of second sentence “; except that this sentence shall not apply if at the time of such individual’s death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children”.

Subsec. (h)(1)(A). Pub. L. 101–508, § 5119(a)(1), designated first and second sentences as cls. (i) and (ii), respectively.

Subsec. (h)(1)(B)(i). Pub. L. 101–508, § 5119(b), substituted “where under subsection (b), (c), (d), (f), or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual” for “where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual”, struck out “and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application,” after “valid marriage,”, substituted “subsections (b), (c), (d), (f), and (g)” for “subsections (b), (c), (f), and (g)”, and inserted at end “Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.”

Pub. L. 101–508, § 5119(a)(2)(A), inserted “(i)” after “(B)”.

Subsec. (h)(1)(B)(ii). Pub. L. 101–508, § 5119(a)(2)(B), (C), substituted “(ii) The provisions of clause (i) shall not apply” for “The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant files the application, or (ii)”.

Subsec. (h)(1)(B)(iii). Pub. L. 101–508, § 5119(a)(2)(D)–(G), substituted “(iii) The entitlement to a monthly benefit under subsection (b) or (c)” for “The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g)”, “a wife or husband” for “a wife, widow, husband, or widower”, and “in which such person enters” for “(i) in which the Secretary certifies, pursuant to section 405(i) of this title, that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 402 of this title, in which such applicant entered”.

Subsec. (h)(1)(B)(iv). Pub. L. 101–508, § 5119(a)(2)(H), (I), inserted “(iv)” before “For purposes” and substituted “(I)” and “(II)” for “(i)” and “(ii)”, respectively.

Subsec. (i)(1). Pub. L. 101–508, § 5103(b)(1), substituted “(2)(B)” for “(2)(C)”.

1987

Subsec. (i)(2)(D)(ii)(II). Pub. L. 100–203 substituted “36-month period” for “15-month period”.

1984

Subsec. (f). Pub. L. 98–369, § 2661(l)(1), inserted provision that for purposes of subparagraph (C) of section 402(c)(1) of this title, a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.

Subsec. (h)(3). Pub. L. 98–369, § 2663(a)(11)(A), made technical amendment to directory language of Pub. L. 97–35, § 2203(d)(4). See 1981 Amendment Note below.

Subsec. (h)(3)(A)(i). Pub. L. 98–369, § 2661(l)(2), substituted “subsection (l)” for “section 416(l) of this title”.

Subsec. (i)(1). Pub. L. 98–460, § 4(a)(2), inserted “(2)(C),” after “(2)(A),”.

Subsec. (i)(2)(B). Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”.

Pub. L. 98–369, § 2662(c)(1), made clarifying amendment to Pub. L. 98–21, § 201(c)(1)(D). See 1983 Amendment note below.

Subsec. (i)(2)(D). Pub. L. 98–460, § 2(b), inserted “The provisions set forth in section 423(f) of this title with respect to determinations of whether entitlement to benefits under this subchapter or subchapter XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).”

Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”.

Subsec. (i)(2)(F)(ii). Pub. L. 98–369, § 2663(a)(11)(B), substituted a dash for a comma after “before January 1968” in provisions preceding subcl. (I).

1983

Subsec. (a). Pub. L. 98–21, § 304(c), added subsec. (a).

Subsec. (d)(4), (5). Pub. L. 98–21, § 301(c)(1), added pars. (4) and (5). Former par. (4) redesignated (6).

Subsec. (d)(6). Pub. L. 98–21, § 306(c), added par. (6) and redesignated former par. (6) as (8).

Pub. L. 98–21, § 301(c)(1), redesignated former par. (4) as (6).

Subsec. (d)(7). Pub. L. 98–21, § 306(c), added par. (7).

Subsec. (d)(8). Pub. L. 98–21, § 306(c), redesignated former par. (6) as (8).

Subsecs. (f)(3)(A), (g)(6)(A). Pub. L. 98–21, § 309(j), (k), inserted reference to subsec. (c) of section 402 of this title.

Subsec. (h)(3). Pub. L. 98–21, § 333(a), substituted “subparagraphs (A)(i) and (B)(i)” for “subparagraph (A)(i)” in provisions following subpar. (C)(ii).

Subsec. (h)(3)(A)(i). Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”.

Subsec. (h)(3)(A)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.

Subsec. (h)(3)(A)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.

Subsec. (h)(3)(A)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.

Subsec. (h)(3)(A)(ii). Pub. L. 98–21, § 303(a), (b), inserted “mother or” before “father” and substituted “such applicant’s application for benefits was filed” for “such insured individual became entitled to benefits or attained retirement age (as defined in subsection (l) of this section), whichever first occurred”.

Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”.

Subsec. (h)(3)(B). Pub. L. 98–21, § 303(d)(2), substituted “he or she” for “he” in provisions preceding cl. (i).

Subsec. (h)(3)(B)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.

Subsec. (h)(3)(B)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.

Subsec. (h)(3)(B)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.

Subsec. (h)(3)(B)(ii). Pub. L. 98–21, § 303(c), substituted “such applicant’s application for benefits was filed” for “such period of disability began”.

Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.

Subsec. (h)(3)(C)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.

Subsec. (h)(3)(C)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.

Subsec. (h)(3)(C)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.

Subsec. (h)(3)(C)(ii). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.

Subsec. (i)(2)(B). Pub. L. 98–21, § 201(c)(1)(D), as amended by Pub. L. 98–369, § 2662(c)(1), substituted “retirement age (as defined in subsection (l))” for “the age of 65”.

Subsec. (i)(2)(D). Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l))” for “age 65”.

Subsec. (i)(3)(B)(iii). Pub. L. 98–21, § 332(a), added cl. (iii).

Subsec. (l). Pub. L. 98–21, § 201(a), added subsec. (l).

1981

Subsec. (b). Pub. L. 97–35, § 2203(b)(2), inserted provisions that for purposes of cl. (2), a wife be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual and for purposes of section 402(b)(1)(C) of this title, a divorced wife be deemed not to be married throughout the month in which she becomes divorced.

Subsec. (c). Pub. L. 97–35, § 2202(a)(2)(A), inserted “the first sentence of” before “section 402(i) of this title”.

Subsec. (e). Pub. L. 97–35, § 2203(d)(3), inserted provisions that for purposes of cl. (2), a child be deemed to have been a stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year and for purposes of cl. (3), a person be deemed to have no natural or adoptive parent living, other than a parent who is under a disability, throughout the most recent month in which a natural or adoptive parent, not under a disability, dies.

Subsec. (f). Pub. L. 97–35, § 2203(c)(2), inserted provision that for purposes of cl. (2), a husband be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her.

Subsec. (g). Pub. L. 97–35, § 2202(a)(2)(B), inserted “the first sentence of” before “section 402(i) of this title”.

Subsec. (h)(3). Pub. L. 97–35, § 2203(d)(4), as amended by Pub. L. 98–369, § 2663(a)(11)(A), inserted provision that for purposes of subpar. (A)(i), an acknowledgement, court decree, or court order be deemed to have occurred on the first day of the month in which it actually occurred.

1980

Subsec. (i)(1). Pub. L. 96–473 inserted reference to section 423(d)(6) of this title.

Subsec. (i)(2)(D)(ii). Pub. L. 96–265, § 303(b)(2)(B), substituted “(ii) the month preceding (I) the termination month (as defined in section 423(a)(1) of this title), or, if earlier (II) the first month for which no benefit is payable by reason of section 423(e) of this title, where no benefit is payable for any of the succeeding months during the 15-month period referred to in such section” for “(ii) the second month following the month in which the disability ceases”.

Subsec. (i)(2)(G). Pub. L. 96–265, § 306(b), inserted provisions placing limitations on the prospective effect of applications.

1977

Subsec. (d)(1), (2). Pub. L. 95–216 substituted “10” for “20” wherever appearing.

1974

Subsecs. (b), (c), (f), (g). Pub. L. 93–445 substituted “section 231a of title 45” for “section 228e of title 45”.

1972

Subsec. (e). Pub. L. 92–603, § 113(a), extended definition of “child” to include grandchildren and stepgrandchildren of an individual or his spouse.

Subsec. (i)(2)(A). Pub. L. 92–603, § 116(d), substituted “five” for “6”.

Subsec. (i)(2)(B). Pub. L. 92–603, § 118(b), provided for the filing of an application for a disability determination after the death of the insured individual.

Subsec. (i)(3). Pub. L. 92–603, §§ 104(g), 117(a), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A), and substituted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind for provisions excepting the provisions of subpar. (A) in the case of an individual with respect to whom a period of disability would, but for such subpar., begin before 1951 in the provisions following subpar. (B).

Subsec. (k). Pub. L. 92–603, §§ 115(b), 145(a), designated existing pars. (1) and (2) as subpars. (A) and (B) of par. (1), added par. (2), in par. (1), as so redesignated, substituted “unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months” for “and he would satisfy such requirement if a three-month period were substituted for the nine-month period”, and in material following par. (2) substituted “except that paragraph (2) of this subsection shall not apply” for “except that this subsection shall not apply”.

1968

Subsec. (c)(5). Pub. L. 90–248, § 156(a), substituted “not less than nine months” for “not less than one year”.

Subsec. (e). Pub. L. 90–248, §§ 150(a), 156(b), inserted in first sentence “not less than nine months immediately preceding” before “the day on which such individual died”, and added, in second sentence, cl. (A) and incorporated existing provisions in cl. (B).

Subsec. (g)(5). Pub. L. 90–248, § 156(c), substituted “not less than nine months” for “not less than one year”.

Subsec. (i)(1). Pub. L. 90–248, §§ 104(d)(2), 158(d), 172(a), (b), inserted “402(e), 402(f),” after “402(d),”, redefined “blindness” to mean central visual acuity of 20/200 rather than 5/200 or less in the better eye and substituted provision deeming an eye accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees as having a central visual acuity of 20/200 or less for former provision deeming an eye in which visual field is reduced to five degrees or less concentric contraction as having a central visual acuity of 5/200 or less, respectively, and deleted former third sentence which provided that an individual was not deemed under a disability unless he furnished proof as required and added third sentence making section 423(d)(2)(A), (3), (4), and (5) of this title applicable to determine if an individual is under a disability.

Subsec. (i)(2)(E) to (G). Pub. L. 90–248, § 111(a), inserted introductory exception phrase, added subpar. (F), and redesignated former subpar. (F) as (G).

Subsec. (i)(3)(B)(ii). Pub. L. 90–248, § 105(a), struck out “and he is under a disability by reason of blindness (as defined in paragraph (1) of this subsection)” after “age 31”.

Subsec. (k). Pub. L. 90–248, § 156(d), added subsec. (k).

1965

Subsec. (b). Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(a), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title, and added cl. (3)(C), respectively.

Subsec. (c). Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(b), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title, and added cl. (6)(C), respectively.

Subsec. (d). Pub. L. 89–97, § 308(c), added pars. (1), (2), and (4), defining “divorced wife”, “surviving divorced wife”, and “divorce” and “divorced”, and incorporated definition of “former wife divorced” in par. (3), inserting “who has died” after “individual” and redesignating cls. (1) to (4) as (A) to (D), respectively.

Subsec. (f). Pub. L. 89–97, §§ 306(c)(13), 334(c), inserted “(subject, however, to section 402(s) of this title)” and added cl. (3)(C), respectively.

Subsec. (g). Pub. L. 89–97, §§ 306(c)(13), 334(d), inserted “(subject, however, to section 402(s) of this title)” and added cl. (6)(C), respectively.

Subsec. (h). Pub. L. 89–97, § 339(a), added par. (3).

Subsec. (i)(1)(A). Pub. L. 89–97, § 303(a)(1), substituted “or has lasted or can be expected to last for a continuous period of not less than 12 months” for “or to be of long-continued and indefinite duration”.

Subsec. (i)(2). Pub. L. 89–97, § 303(b)(1), struck out sixth sentence providing that: “Any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.”

Subsec. (i)(2)(A). Pub. L. 89–97, § 303(b)(1), designated first sentence as subpar. (A).

Subsec. (i)(2)(B). Pub. L. 89–97, § 303(b)(1), designated second sentence as subpar. (B), substituted therein “No period of disability” for “No such disability”, and struck out “, while under such disability,” after “unless such individual”.

Subsec. (i)(2)(C). Pub. L. 89–97, §§ 303(b)(1), 304(l), designated third sentence as subpar. (C), struck out “(subject to section 423(a)(3) of this title)” before “begin”, and redesignated cls. (A) and (B) thereof as (i) and (ii); and again struck out “(subject to section 423(a)(3) of this title)” before “begin”, respectively.

Subsec. (i)(2)(D). Pub. L. 89–97, § 303(b)(1), designated fourth sentence as subpar. (D), substituted “the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases” for “the close of the last day of the month preceding which of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases”.

Subsec. (i)(2)(E). Pub. L. 89–97, § 303(b)(1), designated fifth sentence as subpar. (E), substituted “12 months” for “three months” and “after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph)” for “before the first day on which a period of disability can begin (as determined under this paragraph), or, in any case in which clause (ii) of section 423(a)(1) of this title is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 423 of this title,”, and struck out “, and no such application which is filed prior to January 1, 1955, shall be accepted” after “for purposes of this paragraph”.

Subsec. (i)(2)(F). Pub. L. 89–97, § 328(b), added subpar. (F).

Subsec. (i)(3). Pub. L. 89–97, §§ 303(b)(2), 344(a), substituted “clauses (i) and (ii) of paragraph (2)(C)” for “clauses (A) and (B) of paragraph (2)”, removed from existing subpar. (B) provision prohibiting the inclusion, as part of such 40-quarter period, of any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage, and designated such subpar., as so amended, as subpar. (B)(i), added subpar. (B)(ii), and, in the material following subpar. (B)(ii), inserted provision prohibiting inclusion of any quarter as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage and calling for reduction by one of the number of quarters in any period whenever such number of quarters is an odd number, respectively.

1964

Subsec. (i)(2). Pub. L. 88–650, § 1(a), struck out provisions which directed that a period of disability shall begin if the individual satisfies the requirements of par. (3) of this subsection on such day, on the first day of the eighteen-month period which ends with the day before the day on which the individual files such application.

Subsec. (i)(3). Pub. L. 88–650, § 1(b), substituted “paragraph (2) of this subsection” for “paragraphs (2) and (4) of this subsection”.

Subsec. (i)(4). Pub. L. 88–650, § 1(c), repealed par. (4) which related to the beginning of the period of disability for individuals who filed an application for a disability determination after Dec. 1954, and before July 1962, with respect to a disability which began before January 1961.

1961

Subsec. (a). Pub. L. 87–64, § 102(c)(1), repealed subsec. (a) which defined retirement age.

Subsecs. (b), (c), (f), (g). Pub. L. 87–64, § 102(c)(2)(B), substituted “attainment of age 62” for “attainment of retirement age”.

Subsec. (i)(2). Pub. L. 87–64, § 102(b)(2)(D), substituted “a period of disability shall (subject to section 423(a)(3) of this title) begin” for “a period of disability shall begin” in third sentence.

Subsec. (i)(3)(A). Pub. L. 87–64, § 102(c)(3)(C), substituted “attainment age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”.

Subsec. (i)(4). Pub. L. 87–64, § 105, substituted “July 1962” for “July 1961”, and “January 1961” for “July 1960”.

1960

Subsec. (b). Pub. L. 86–778, § 207(a), substituted “one year” for “three years”.

Subsec. (e). Pub. L. 86–778, §§ 207(b), 208(c), in first sentence, reduced the period for eligibility of a stepchild of a living individual from three years immediately preceding the day on which application for child’s benefits is filed to one year immediately preceding the day on which application for child’s benefits is filed, and inserted the last sentence requiring, for purposes of clause (2), that a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in last sentence of subsec. (h)(1)(B) of this section, would have been a valid marriage.

Subsec. (f). Pub. L. 86–778, § 207(c), substituted “one year” for “three years”.

Subsec. (h)(1). Pub. L. 86–778, § 208(a), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (h)(2). Pub. L. 86–778, § 208(b), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (i)(2). Pub. L. 86–778, §§ 402(e), 403(c), redefined “period of disability” to include a period of less than six full calendar months’ duration if the individual was entitled to benefits under section 423 of this title for one or more months in such period, prohibited acceptance of an application, in any case in which clause (ii) of section 423(a) of this title is applicable, filed more than six months before the first month for which the applicant becomes entitled to benefits under section 423 of this title, substituted provisions requiring a period of disability to end with the close of the last day of the month preceding whichever of the following months is the earlier: the month in which the individual attains age 65 or the third month following the month in which the disability ceases, for provisions which required a period of disability to end with the close of the last day of the first month in which either the disability ceases or the individual attains the age of 65, and inserted sentence providing that any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.

Subsec. (j). Pub. L. 86–778, § 703, added subsec. (j).

1958

Subsec. (b). Pub. L. 85–840, § 301(d), included within definition of “wife” a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.

Subsec. (c). Pub. L. 85–840, § 301(b)(2) included within definition of “widow” a woman whose husband had legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, and a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.

Subsec. (d). Pub. L. 85–840, § 301(e), included within definition of “former wife divorced” a woman whose husband legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen.

Subsec. (e). Pub. L. 85–840, § 302(a), struck out requirement that an adopted child of a living individual must have been adopted for not less than three years immediately preceding the day on which application for child’s benefits is filed, and inserted provisions requiring a child to be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if the child was living in the decedent’s household at the time of his death and was legally adopted by the surviving spouse after the individual’s death but before the end of two years after the day on which the individual died or Aug. 28, 1958, and the child was not receiving regular contributions toward his support from someone other than the individual or his spouse, or from any public or private welfare organization.

Subsec. (f). Pub. L. 85–840, § 301(a)(2), included within definition of “husband” a person who in the month prior to the month of his marriage was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or who had attained age eighteen and was entitled to, or on application therefor would have been entitled to benefits under subsection (d) of section 402 of this title.

Subsec. (g). Pub. L. 85–840, § 301(c)(2), included within definition of “widower” a person whose wife had legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, and a person who, in the month before the month of his marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.

Subsec. (h)(3). Pub. L. 85–840, § 305(b), repealed par. (3) which defined “living with” for purposes of section 402(i) of this title.

Subsec. (i)(2). Pub. L. 85–840, § 201, substituted “while under such disability” for “while under a disability” in opening provisions, and “eighteen-month period” for “one-year period” in cl. (A)(ii).

Subsec. (i)(3). Pub. L. 85–840, § 204(a), struck out provisions that required, for a period of disability to begin with respect to any quarter, an individual to have not less than six quarters of coverage during the thirteen-quarter period which ends with such quarter, and inserted provisions requiring an individual to be fully insured.

Subsec. (i)(4). Pub. L. 85–840, § 203, substituted “July 1961” for “July 1958” and “July 1960” for “July 1957”, and struck out provisions which required the applicant to be alive on July 1, 1955.

1957

Subsec. (h). Pub. L. 85–238 amended subsec. (h) generally to provide that the applicant is the wife, husband, widow, or widower if there is a finding that the applicant and the insured individual were validly married at the time the application for benefits is filed, or at the time the insured individual died, and to eliminate provisions which prescribed certain conditions under which a wife or husband would be deemed to have been living with his or her spouse, and which related to determination of status of parent.

Subsec. (i)(4). Pub. L. 85–109, substituted “July 1958” for “July 1957” and “July 1957” for “July 1956”.

1956

Subsec. (a). Act Aug. 1, 1956, § 102(a), reduced the retirement age in the case of a woman from age sixty-five to age sixty-two.

Subsec. (i)(1). Act Aug. 1, 1956, § 103(c)(6), inserted “Except for purposes of sections 402(d), 423, and 425 of this title”.

Subsec. (i)(2). Act Aug. 1, 1956, § 102(d)(12), substituted “the age of sixty-five” for “retirement age” in two places.

1954

Subsec. (i). Act Sept. 1, 1954, § 106(d), added subsec. (i). Former subsec. (i), which was added by act July 18, 1952, § 3(d), ceased to be in effect at the close of June 30, 1953. See Effective and Termination Date of 1952 Amendment note set out under section 413 of this title.

1952

Subsec. (i). Act July 18, 1952, added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–203, title IV, § 414(d), Mar. 2, 2004, 118 Stat. 530, provided that: “The amendments made by this section [amending this section] shall be effective with respect to applications for benefits under title II of the Social Security Act [this subchapter] filed during months ending after the date of the enactment of this Act [Mar. 2, 2004].”

Effective Date of 1994 Amendment

Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.

Effective Date of 1990 Amendment

Amendment by section 5103(b)(1) of Pub. L. 101–508 applicable with respect to monthly insurance benefits for months after December 1990 for which applications are filed on or after Jan. 1, 1991, or are pending on such date, see section 5103(e) of Pub. L. 101–508, set out as a note under section 402 of this title.

Pub. L. 101–508, title V, § 5104(b), Nov. 5, 1990, 104 Stat. 1388–254, provided that: “The amendments made by this section [amending this section] shall apply with respect to benefits payable for months after December 1990, but only on the basis of applications filed after December 31, 1990.”

Amendment by section 5119(a), (b) of Pub. L. 101–508 applicable with respect to benefits for months after December 1990, and applicable only with respect to benefits for which application is filed with Secretary of Health and Human Services after Dec. 31, 1990, with exception from application requirement, see section 5119(e) of Pub. L. 101–508, set out as a note under section 403 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 effective Jan. 1, 1988, and applicable with respect to individuals entitled to benefits under specific provisions of sections 402 and 423 of this title for any month after December 1987, and individuals entitled to benefits payable under specific provisions of sections 402 and 423 of this title for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by section 9010 of Pub. L. 100–203 has not elapsed as of Jan. 1, 1988, see section 9010(f) of Pub. L. 100–203, set out as a note under section 402 of this title.

Effective Date of 1984 Amendment

Amendment by section 2(b) of Pub. L. 98–460 applicable to determinations made by the Secretary on or after Oct. 9, 1984, with certain enumerated exceptions and qualifications, see section 2(d) of Pub. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 4(a)(2) of Pub. L. 98–460 applicable with respect to determinations made on or after the first day of the first month beginning after 30 days after Oct. 9, 1984, see section 4(c) of Pub. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 2661(l) of Pub. L. 98–369 effective as though included in the enactment of the Social Security Amendments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title.

Amendment by section 2663(a)(11) of Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1983 Amendment

Amendment by sections 301(c), 303, 304(c), 306(c), and 309(j), (k) of Pub. L. 98–21 applicable only with respect to monthly payments payable under this subchapter for months after April 1983, see section 310 of Pub. L. 98–21, set out as a note under section 402 of this title.

Pub. L. 98–21, title III, § 332(c), Apr. 20, 1983, 97 Stat. 129, provided that: “The amendments made by this section [amending this section and section 423 of this title] shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act [42 U.S.C. 423], and for disability determinations under section 216(i) of such Act [42 U.S.C. 416(i)], filed after the date of the enactment of this Act [Apr. 20, 1983], except that no monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] shall be payable or increased by reason of the amendments made by this section for months before the month following the month of enactment of this Act.”

Pub. L. 98–21, title III, § 333(b), Apr. 20, 1983, 97 Stat. 130, provided that: “The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [Apr. 20, 1983].”

Effective Date of 1981 Amendment

Amendment by section 2202(a)(2) of Pub. L. 97–35 applicable only with respect to deaths occurring after August 1981, see section 2202(b) of Pub. L. 97–35, set out as a note under section 402 of this title.

Amendment by section 2203(b)(2), (c)(2) of Pub. L. 97–35 applicable only to monthly insurance benefits payable to individuals who attain age 62 after August 1981, and amendment by section 2203(d)(3), (4) of Pub. L. 97–35 applicable to monthly insurance benefits for months after August 1981, and only in the case of individuals who were not entitled to such insurance benefits for August 1981 or any preceding month, see section 2203(f)(1), (2) of Pub. L. 97–35, set out as a note under section 402 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–473 effective with respect to benefits payable for months beginning on or after Oct. 1, 1980, see section 5(d) of Pub. L. 96–473, set out as a note under section 402 of this title.

Amendment by section 303(b)(2)(B) of Pub. L. 96–265 effective on first day of sixth month which begins after June 9, 1980, to apply with respect to any individual whose disability has not been determined to have ceased prior to such first day, see section 303(d) of Pub. L. 96–265, set out as a note under section 402 of this title.

Amendment by section 306(b) of Pub. L. 96–265 applicable to applications filed after June 1980, see section 306(d) of Pub. L. 96–265, set out as a note under section 402 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–216 effective with respect to monthly benefits after Dec., 1978, and applications filed on or after Jan. 1, 1979, see section 337(c) of Pub. L. 95–216, set out as a note under section 402 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–445 effective Jan. 1, 1975, see section 603 of Pub. L. 93–445, set out as a note under section 402 of this title.

Effective Date of 1972 Amendment

Amendment by section 104(g) of Pub. L. 92–603 applicable only in the case of a man who attains (or would attain) age 62 after December 1974, with the figure “65” in subsec. (i)(3)(A) of this section to be deemed to read “64” in the case of a man who attains age 62 in 1973, and deemed to read “63” in the case of a man who attains age 62 in 1974, see section 104(j) of Pub. L. 92–603, set out as a note under section 414 of this title.

Amendment by section 113(a) of Pub. L. 92–603 applicable with respect to monthly benefits payable under this subchapter for months after December 1972, but only on the basis of applications filed on or after October 30, 1972, see section 113(c) of Pub. L. 92–603, set out as a note under section 402 of this title.

Pub. L. 92–603, title I, § 115(c), Oct. 30, 1972, 86 Stat. 1349, provided that: “The amendments made by this section [amending this section] shall apply only with respect to benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted [October 1972].”

Amendment by section 116(d) of Pub. L. 92–603 effective with respect to applications for disability determinations under subsec. (i) of this section filed on or after October 1972 or before October 1972 under specified conditions, see section 116(e) of Pub. L. 92–603, set out as a note under section 423 of this title.

Amendment by section 117(a) of Pub. L. 92–603 effective with respect to applications for disability determinations under subsec. (i) of this section filed in or after October 1972 or before October 1972 under specified conditions, see section 117(c) of Pub. L. 92–603, set out as a note under section 423 of this title.

Pub. L. 92–603, title I, § 118(c), Oct. 30, 1972, 86 Stat. 1351, provided that: “The amendments made by this section [amending this section and section 423 of this title] shall apply in the case of deaths occurring after December 31, 1969. For purposes of such amendments (and for purposes of sections 202(j)(1) and 223(b) of the Social Security Act [42 U.S.C. 402(j)(1), 423(b)], any application with respect to an individual whose death occurred after December 31, 1969, but before the date of the enactment of this Act [Oct. 30, 1972] which is filed in, or within 3 months after the month in which this Act is enacted [October 1972] shall be deemed to have been filed in the month in which such death occurred.”

Pub. L. 92–603, title I, § 145(b), Oct. 30, 1972, 86 Stat. 1370, provided that: “The amendments made by this section [amending this section] shall apply only with respect to benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted [October 1972].”

Effective Date of 1968 Amendment

Amendment by section 104 of Pub. L. 90–248 applicable with respect to monthly benefits under this subchapter for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after January 1968, see section 104(e) of Pub. L. 90–248, set out as a note under section 402 of this title.

Pub. L. 90–248, title I, § 105(c), Jan. 2, 1968, 81 Stat. 833, provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to applications for disability determinations filed under section 216(i) of the Social Security Act [42 U.S.C. 416(i)] in or after the month in which this Act is enacted [January 1968]. The amendments made by subsection (b) [amending section 423 of this title] shall apply with respect to monthly benefits under title II of such Act [42 U.S.C. 401 et seq.] for months after January 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted.”

Pub. L. 90–248, title I, § 111(b), Jan. 2, 1968, 81 Stat. 838, provided that: “No monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] shall be payable or increased for any month before the month in which this Act is enacted [January 1968] by reason of amendments made by subsection (a) [amending this section].”

Pub. L. 90–248, title I, § 150(b), Jan. 2, 1968, 81 Stat. 860, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968, but only on the basis of an application filed in or after the month in which this Act is enacted [January 1968].”

Pub. L. 90–248, title I, § 156(e), Jan. 2, 1968, 81 Stat. 867, provided that: “The amendments made by this section [amending this section] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted [January 1968].”

Amendment by section 158(d) of Pub. L. 90–248 applicable with respect to applications for disability insurance benefits under section 423 of this title and to disability determinations under subsec. (i) of this section, see section 158(e) of Pub. L. 90–248, set out as a note under section 423 of this title.

Pub. L. 90–248, title I, § 172(c), Jan. 2, 1968, 81 Stat. 877, provided that: “The amendments made by this section [amending this section] shall be effective with respect to benefits under section 223 of the Social Security Act [42 U.S.C. 423] for months after January 1968 based on applications filed after the date of enactment of this Act [Jan. 2, 1968] and with respect to disability determinations under section 216(i) of the Social Security Act [42 U.S.C. 416(i)] based on applications filed after the date of enactment of this Act.”

Effective Date of 1965 Amendment

Amendment by section 308(c), (d)(2)(B) of Pub. L. 89–97 applicable with respect to monthly insurance benefits under this subchapter beginning with the second month following July 1965, but, in the case of an individual who was not entitled to a monthly insurance benefit under section 402 of this title for the first month following July 1965, only on the basis of an application filed in or after July 1965, see section 308(e) of Pub. L. 89–97, set out as a note under section 402 of this title.

Amendment by section 334(a)–(d) of Pub. L. 89–97 applicable only with respect to monthly insurance benefits under section 401 et seq. of this title beginning with September 1965 but only on the basis of applications filed in or after July 1965, see section 334(g) of Pub. L. 89–97, set out as a note under section 402 of this title.

Pub. L. 89–97, title III, § 339(c), July 30, 1965, 79 Stat. 411, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 402 of this title] shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] beginning with the second month following the month in which this Act is enacted [July 1965] but only on the basis of an application filed in or after the month in which this Act is enacted.”

Amendment by section 303(a)(1), (b)(1), (2) of Pub. L. 89–97 effective with respect to applications for disability insurance benefits under section 423 of this title, and for disability determinations under subsec. (i) of this section, filed in or after July 1965 or before July 1965, if the applicant has not died before such month, and notice of final administrative decision has not been given to the applicant before such month, except that monthly insurance benefits under this subchapter shall not be payable or increased by reason of amendments to subsecs. (i)(1)(A), (2), (3) of this section for months before the second month following July 1965, see section 303(f)(1) of Pub. L. 89–97, set out as a note under section 423 of this title.

Amendment by section 304(l) of Pub. L. 89–97 applicable with respect to monthly insurance benefits under this subchapter for and after the second month following July 1965 but only on the basis of applications filed in or after July 1965, see section 304(o) of Pub. L. 89–97, set out as a note under section 402 of this title.

Pub. L. 89–97, title III, § 328(d), July 30, 1965, 79 Stat. 401, provided that: “The amendments made by this section [amending this section and sections 402 and 423 of this title] shall apply with respect to (1) applications filed on or after the date of enactment of this Act [July 30, 1965], (2) applications as to which the Secretary has not made a final decision before the date of enactment of this Act, and (3) if a civil action with respect to final decision by the Secretary has been commenced under section 205(g) of the Social Security Act [42 U.S.C. 405(g)] before the date of enactment of this Act, applications as to which there has been no final judicial decision before the date of enactment of this Act.”

Pub. L. 89–97, title III, § 344(e), July 30, 1965, 79 Stat. 413, provided that: “The amendments made by this section [amending this section and section 423 of this title] shall apply only with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the first month following the month in which this Act is enacted [July 1965], on the basis of applications for such benefits filed in or after the month in which this Act is enacted.”

Effective Date of 1964 Amendment

Pub. L. 88–650, § 1(d), Oct. 13, 1964, 78 Stat. 1075, provided that:

“(1)
The amendments made by subsections (a), (b), and (c) [amending this section] shall apply in the case of applications for disability determinations under section 216(i) of the Social Security Act [42 U.S.C. 416(i)] filed after the month following the month in which this Act is enacted [October 1964].
#
“(2)
Except as provided in the succeeding paragraphs, such amendments shall also apply, and as though such amendments had been enacted on July 1, 1962, in the case of applications for disability determinations filed under section 216(i) of the Social Security Act [42 U.S.C. 416(i)] during the period beginning July 1, 1962, and ending with the close of the month following the month in which this Act is enacted [October 1964], by an individual who—
“(A)
has been under a disability (as defined in such section 216(i)) continuously since he filed such application and up to (i) the first day of the second month following the month in which this Act is enacted or (ii) if earlier, the first day of the month in which he attained the age of 65, and
#
“(B)
is living on the day specified in subparagraph (A)(i).
#
#
“(3)
In the case of an individual to whom paragraph (2) applies and who filed an application for disability insurance benefits under section 223 of the Social Security Act [42 U.S.C. 423] during the period specified in such paragraph—
“(A)
if such individual was under a disability (as defined in section 223(c) of such Act) throughout such period and was not entitled to disability insurance benefits under such section 223 for any month in such period (except for the amendments made by this section), such application and any application filed during such period for benefits under section 202 of the Social Security Act [42 U.S.C. 402] on the basis of the wages and self-employment income of such individual shall, notwithstanding section 202(j)(2) and the first sentence of section 223(b), be deemed an effective application, or
#
“(B)
if such individual was entitled (without the application of this section) to disability insurance benefits under section 223 [42 U.S.C. 423] for a continuous period of months immediately preceding—
“(i)
the second month following the month in which this Act was enacted [October 1964], or
#
“(ii)
if earlier, the month in which he became entitled to benefits under section 202(a) [42 U.S.C. 402(a)],
#
his primary insurance amount shall be recomputed, but only if such amount would be increased solely by reason of the enactment of this section.
#
#
“(4)
No monthly insurance benefits, and no increase in monthly insurance benefits, may be paid under title II of the Social Security Act [42 U.S.C. 401 et seq.] by reason of the enactment of this section for any month before the eleventh month before the month in which this Act is enacted [October 1964].
#
“(5)
In the case of an individual (A) who is entitled under section 202 of the Social Security Act [42 U.S.C. 402] (but without the application of subsection (j)(1) of such section) to a widow’s, widower’s, or parent’s insurance benefit, or to an old-age, wife’s or husband’s insurance benefit which is reduced under section 202(q) of such Act, for any month in the period referred to in paragraph (2) of this subsection, (B) who was under a disability (as defined in section 223(c) of the Social Security Act [42 U.S.C. 423(c)]) which began prior to the sixth month before the first month for which the benefits referred to in clause (A) are payable and which continued through the month following the month in which this Act is enacted [October 1964], and (C) who files an application for disability insurance benefits under section 223(a)(1) of the Social Security Act—
“(i)
subsection (a)(3) of section 223 of the Social Security Act shall not prevent him from being entitled to such disability insurance benefits;
#
“(ii)
the provisions of subsection (a)(1) of such section 223 terminating entitlement to disability insurance benefits by reason of entitlement to old-age insurance benefits shall not apply with respect to him unless and until he again becomes entitled to such old-age insurance benefits under the provisions of section 202 of such Act;
#
“(iii)
such individual shall, for any month for which he is thereby entitled to both old-age insurance benefits and disability insurance benefits, be entitled only to such disability insurance benefits; and
#
“(iv)
in case the benefits reduced under subsection (q) of section 202 of such Act are old-age insurance benefits (I) such old-age insurance benefits for the months in the period referred to in paragraph (2) of this subsection shall not be recomputed solely by reason of the enactment of this section, and, if otherwise recomputed, the provisions of and amendments made by this section shall not apply to such recomputation; and (II) the months for which he received such old-age insurance benefits before or during the period for which he becomes entitled, by reason of such enactment, to disability insurance benefits under such section 223 and the months for which he received such disability insurance benefits shall be excluded from the ‘reduction period’ and the ‘adjusted reduction period’, as defined in paragraphs (5) and (6), respectively, of such subsection (q) for purposes of determining the amount of the old-age insurance benefits to which he may subsequently become entitled.
#
#
“(6)
The entitlement of any individual to benefits under section 202 of the Social Security Act [section 402 of this title] shall not be terminated solely by reason of the enactment of this section, except where such individual is entitled to benefits under section 202(a) or 223 of such Act [42 U.S.C. 402(a), 423] in an amount which (but for this subsection) would have required termination of such benefits under such section 202.”
#

Effective Date of 1961 Amendment

Amendment by section 102(b)(2)(D) of Pub. L. 87–64 effective Aug. 1, 1961, and amendment by section 102(c)(1), (2)(B), (3)(C) of Pub. L. 87–64 applicable with respect to monthly benefits for months beginning on or after August 1, 1961, based on applications filed in or after March 1961, and with respect to lump-sum death payments under this subchapter in the case of deaths on or after August 1, 1961, see sections 102(f)(4), (6) and 109 of Pub. L. 87–64, set out as notes under section 402 of this title.

Pub. L. 87–64, title I, § 105, June 30, 1961, 75 Stat. 139, provided that the amendment made by that section is effective with respect to applications for disability determinations filed on or after July 1, 1961.

Effective Date of 1960 Amendment

Pub. L. 86–778, title II, § 207(d), Sept. 13, 1960, 74 Stat. 951, provided that: “The amendments made by this section [amending this section] shall apply only with respect to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months beginning with the month in which this Act is enacted [September 1960], on the basis of applications filed in or after such month.”

Pub. L. 86–778, title II, § 208(f), Sept. 13, 1960, 74 Stat. 952, provided that: “The amendments made by the preceding provisions of this section [amending this section and section 402 of this title] shall be applicable (1) with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months beginning with the month in which this Act is enacted [September 1960] on the basis of an application filed in or after such month, and (2) in the case of a lump-sum death payment under such title based on an application filed in or after such month, but only if no person, other than the person filing such application, has filed an application for a lump-sum death payment under such title prior to the date of the enactment of this Act [Sept. 13, 1960] with respect to the death of the same individual.”

Amendment by section 402(e) of Pub. L. 86–778 applicable only in the case of individuals who become entitled to benefits under section 423 of this title in or after September 1960, see section 402(f) of Pub. L. 86–778, set out as a note under section 423 of this title.

Amendment by section 403(c) of Pub. L. 86–778 applicable only in the case of individuals who have a period of disability (as defined in subsec. (i) of this section) beginning on or after Sept. 13, 1960, or beginning before Sept. 13, 1960 and continuing, without regard to such amendment, beyond the end of September 1960, see section 403(e) of Pub. L. 86–778, set out as a note under section 422 of this title.

Effective Date of 1958 Amendment

Pub. L. 85–840, title II, § 207(a), Aug. 28, 1958, 72 Stat. 1025, provided that: “The amendments made by section 201 [amending this section] shall apply with respect to applications for a disability determination under section 216(i) of the Social Security Act [subsec. (i) of this section] filed after June 1961. The amendments made by section 202 [amending section 423 of this title] shall apply with respect to applications for disability insurance benefits under section 223 of such Act filed after December 1957. The amendments made by section 203 [amending this section] shall apply with respect to applications for a disability determination under such section 216(i) filed after June 1958. The amendments made by section 204 [amending this section and section 423 of this title] shall apply with respect to (1) applications for disability insurance benefits under such section 223 or for a disability determination under such section 216(i) filed on or after the date of enactment of this Act [Aug. 28, 1958], and (2) applications for such benefits or for such a determination filed after 1957 and prior to such date of enactment if the applicant has not died prior to such date of enactment and if notice to the applicant of the Secretary’s decision with respect thereto has not been given to him on or prior to such date, except that (A) no benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for the month in which this Act is enacted [August 1958] or any prior month shall be payable or increased by reason of the amendments made by section 204 of this Act, and (B) the provisions of section 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)] shall not prevent recomputation of monthly benefits under section 202 of such Act [42 U.S.C. 402] (but no such recomputation shall be regarded as a recomputation for purposes of section 215(f) of such Act). The amendments made by section 205 (other than by subsections (k) and (m)) [amending sections 401, 402, 403, 414, 422, and 425 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted, but only if an application for such benefits is filed on or after the date of enactment of this Act. The amendments made by section 206 [repealing section 424 of this title] and by subsections (k) and (m) of section 205 [amending sections 403 and 415 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for the month in which this Act is enacted and succeeding months.”

Amendment by section 301(a)(2), (b)(2), (c)(2), (d), (e) of Pub. L. 85–840 applicable with respect to monthly benefits under section 402 of this title for months beginning after Aug. 28, 1958, but only if an application for such benefits is filed on or after such date, see section 301(f) of Pub. L. 85–840, set out as a note under section 402 of this title.

Pub. L. 85–840, title III, § 302(b), Aug. 28, 1958, 72 Stat. 1028, provided that: “The amendment made by this section [amending this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months beginning after the date of enactment of this Act [Aug. 28, 1958], but only if an application for such benefits is filed on or after such date.”

Amendment by section 305(b) of Pub. L. 85–840 applicable in the case of lump-sum death payments under section 402(i) of this title on the basis of the wages and self-employment income of any individual who dies after August 1958, see section 305(c) of Pub. L. 85–840, set out as a note under section 402 of this title.

Effective Date of 1957 Amendment

Amendment by Pub. L. 85–238 applicable to monthly benefits under section 402 of this title for months after August 1957, but not to operate to deprive any such parent of benefits to which he would otherwise be entitled under section 402(h) of this title, see section 3(i) of Pub. L. 85–238, set out as a note under section 402 of this title.

Effective Date of 1956 Amendment

Act Aug. 1, 1956, ch. 836, title I, § 102(b), 70 Stat. 809, provided that:

“(1)
The amendment made by subsection (a) [amending this section] shall apply in the case of benefits under subsection (e) of section 202 of the Social Security Act [42 U.S.C. 402(e)] for months after October 1956, but only, except in the case of an individual who was entitled to wife’s or mother’s insurance benefits under such section 202 for October 1956, or any month thereafter, on the basis of applications filed after the date of enactment of this Act [Aug. 1, 1956]. The amendment made by subsection (a) shall apply in the case of benefits under subsection (h) of such section 202 for months after October 1956 on the basis of applications filed after the date of enactment of this Act.
#
“(2)
Except as provided in paragraphs (1) and (4), the amendment made by subsection (a) shall apply in the case of lump-sum death payments under section 202(i) of the Social Security Act with respect to deaths after October 1956, and in the case of monthly benefits under title II of such Act [42 U.S.C. 401 et seq.] for months after October 1956 on the basis of applications filed after the date of enactment of this Act.
#
“(3)
For purposes of section 215(b)(3)(B) of the Social Security Act [42 U.S.C. 415(b)(3)(B)] (but subject to paragraphs (1) and (2) of this subsection)—
“(A)
a woman who attains the age of sixty-two prior to November 1956 and who was not eligible for old-age insurance benefits under section 202 of such Act (as in effect prior to the enactment of this Act) for any month prior to November 1956 shall be deemed to have attained the age of sixty-two in 1956 or, if earlier, the year in which she died;
#
“(B)
a woman shall not, by reason of the amendment made by subsection (a), be deemed to be a fully insured individual before November 1956 or the month in which she died, whichever month is the earlier; and
#
“(C)
the amendment made by subsection (a) shall not be applicable in the case of any woman who was eligible for old-age insurance benefits under such section 202 for any month prior to November 1956.
#
A woman shall, for purposes of this paragraph, be deemed eligible for old-age insurance benefits under section 202 of the Social Security Act for any month if she was or would have been, upon filing application therefor in such month, entitled to such benefits for such month.
#
“(4)
For purposes of section 209(i) of such Act [42 U.S.C. 409(i)], the amendment made by subsection (a) shall apply only with respect to remuneration paid after October 1956.”
#

Effective Date of 1954 Amendment

Amendment by section 106(d) of act Sept. 1, 1954, applicable with respect to monthly benefits under subchapter II of this chapter for months after June 1955, and with respect to lump-sum death payments under such subchapter in the case of deaths occurring after June 1955; but that no recomputation of benefits by reason of such amendments shall be regarded as a recomputation for purposes of section 415(f) of this title, see section 106(h) of act Sept. 1, 1954, set out as a note under section 413 of this title.

Effective and Termination Date of 1952 Amendment

For effective and termination dates of amendment by Act July 18, 1952, see section 3(f), (g) of act July 18, 1952, set out as a note under section 413 of this title.

Effective Date

Section applicable (1) in case of monthly benefits for months after August 1950, and (2) in the case of lump-sum death payments with respect to deaths after August 1950, see section 104(b) of act Aug. 28, 1950, set out as an Effective Date of 1950 Amendment note under section 409 of this title.

Retroactive Benefits

For provisions relating to entitlement to retroactive benefits under section 2 of Pub. L. 98–460 (which amended subsec. (i)(2)(D) of this section), see section 2(f) of Pub. L. 98–460, set out as a note under section 423 of this title.

Promulgation of Regulations

For provisions requiring the Secretary of Health and Human Services to prescribe regulations necessary to implement amendment to subsec. (i)(2)(D) of this section by section 2(b) of Pub. L. 98–460 not later than 180 days after Oct. 9, 1984, see section 2(g) of Pub. L. 98–460, set out as a note under section 423 of this title.

Study of Effect of Raising Retirement Age on Those Unlikely To Benefit From Improvements in Longevity

Pub. L. 98–21, title II, § 201(d), Apr. 20, 1983, 97 Stat. 109, required the Secretary to conduct a comprehensive study and analysis of the implications of the changes made by this section (amending sections 402, 403, 415, 416, and 423 of this title) in retirement age in the case of certain individuals and submit to Congress no later than January 1, 1986, a full report on the study and analysis, including any recommendations for legislative changes.

Special Insured Status Test in Certain Cases for Disability Purposes

Pub. L. 86–778, title IV, § 404, Sept. 13, 1960, 74 Stat. 970, provided that:

“(a)
In the case of any individual who does not meet the requirements of section 216(i)(3) of the Social Security Act [42 U.S.C. 416(i)(3)] with respect to any quarter, or who is not insured for disability insurance benefits as determined under section 223(c)(1) of such Act [42 U.S.C. 423(c)(1)] with respect to any month in a quarter, such individual shall be deemed to have met such requirements with respect to such quarter or to be so insured with respect to such month of such quarter, as the case may be, if—
“(1)
he had a total of not less than twenty quarters of coverage (as defined in section 213 of such Act [42 U.S.C. 413]) during the period ending with the close of such quarter, and
#
“(2)
all of the quarters elapsing after 1950 and up to but excluding such quarter were quarters of coverage with respect to him and there were not fewer than six such quarters of coverage.
#
#
“(b)
Subsection (a) shall apply only in the case of applications for disability insurance benefits under section 223 of the Social Security Act, or for disability determinations under section 216(i) of such Act, filed in or after the month in which this Act is enacted [September 1960], and then only with respect to an individual who, but for such subsection (a), would not meet the requirements for a period of disability under section 216(i) with respect to the quarter in which this Act is enacted or any prior quarter and would not meet the requirements for benefits under section 223 with respect to the month in which this Act is enacted or any prior month. No benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for the month in which this Act is enacted or any prior month shall be payable or increased by reason of the amendment made by such subsection.”
#

Credits

1935–2004 · 25 acts

1935Aug. 14, 1935, ch. 531, title II, § 216, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 510
1952amended July 18, 1952, ch. 945, § 3(d), 66 Stat. 771
1954Sept. 1, 1954, ch. 1206, title I, § 106(d), 68 Stat. 1080
1956Aug. 1, 1956, ch. 836, title I, §§ 102(a), (d)(12), 103(c)(6), 70 Stat. 809, 815, 818
1957Pub. L. 85–109, § 1, July 17, 1957, 71 Stat. 308
1957Pub. L. 85–238, § 3(h), Aug. 30, 1957, 71 Stat. 519
1958Pub. L. 85–840, title II, §§ 201, 203, 204(a), title III, §§ 301(a)(2), (b)(2), (c)(2), (d), (e), 302(a), 305(b), Aug. 28, 1958, 72 Stat. 1020, 1021, 1026–1028, 1030
1960Pub. L. 86–778, title II, §§ 207(a)–(c), 208(a)–(c), title IV, §§ 402(e), 403(c), title VII, § 703, Sept. 13, 1960, 74 Stat. 950–952, 968, 969, 994
1961Pub. L. 87–64, title I, §§ 102(b)(2)(D), (c)(1), (2)(B), (3)(C), 105, June 30, 1961, 75 Stat. 134, 135, 139
1964Pub. L. 88–650, § 1(a)–(c), Oct. 13, 1964, 78 Stat. 1075
1965Pub. L. 89–97, title III, §§ 303(a)(1), (b)(1), (2), 304(l), 306(c)(13), 308(c), (d)(2)(B), 328(b), 334(a)–(d), 339(a), 344(a), July 30, 1965, 79 Stat. 366, 367, 370, 373, 377, 378, 400, 404, 405, 409, 412
1968Pub. L. 90–248, title I, §§ 104(d)(2), 105(a), 111(a), 150(a), 156(a)–(d), 158(d), 172(a), (b), Jan. 2, 1968, 81 Stat. 832, 833, 837, 860, 866, 869, 877
1972Pub. L. 92–603, title I, §§ 104(g), 113(a), 115(b), 116(d), 117(a), 118(b), 145(a), Oct. 30, 1972, 86 Stat. 1341, 1347, 1349–1351, 1370
1974Pub. L. 93–445, title III, § 304, Oct. 16, 1974, 88 Stat. 1358
1977Pub. L. 95–216, title III, § 337(a), Dec. 20, 1977, 91 Stat. 1548
1980Pub. L. 96–265, title III, §§ 303(b)(2)(B), 306(b), June 9, 1980, 94 Stat. 453, 457
1980Pub. L. 96–473, § 5(a)(2), Oct. 19, 1980, 94 Stat. 2265
1981Pub. L. 97–35, title XXII, §§ 2202(a)(2), 2203(b)(2), (c)(2), (d)(3), (4), Aug. 13, 1981, 95 Stat. 835–837
1983Pub. L. 98–21, title II, § 201(a), (c)(1)(D), title III, §§ 301(c), 303, 304(c), 306(c), 309(j), (k), 332(a), 333(a), Apr. 20, 1983, 97 Stat. 107, 109, 111, 112, 114, 117, 129
1984Pub. L. 98–369, div. B, title VI, §§ 2661(l), 2662(c)(1), 2663(a)(11), July 18, 1984, 98 Stat. 1158, 1159, 1164
1984Pub. L. 98–460, §§ 2(b), 4(a)(2), Oct. 9, 1984, 98 Stat. 1796, 1800
1987Pub. L. 100–203, title IX, § 9010(e)(1), Dec. 22, 1987, 101 Stat. 1330–294
1990Pub. L. 101–508, title V, §§ 5103(b)(1), 5104(a), 5119(a), (b), Nov. 5, 1990, 104 Stat. 1388–251, 1388–254, 1388–278, 1388–279
1994Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(H), Aug. 15, 1994, 108 Stat. 1478, 1538
2004Pub. L. 108–203, title IV, § 414(a)–(c), Mar. 2, 2004, 118 Stat. 529, 530.

Show as published

(Aug. 14, 1935, ch. 531, title II, § 216, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 510; amended July 18, 1952, ch. 945, § 3(d), 66 Stat. 771; Sept. 1, 1954, ch. 1206, title I, § 106(d), 68 Stat. 1080; Aug. 1, 1956, ch. 836, title I, §§ 102(a), (d)(12), 103(c)(6), 70 Stat. 809, 815, 818; Pub. L. 85–109, § 1, July 17, 1957, 71 Stat. 308; Pub. L. 85–238, § 3(h), Aug. 30, 1957, 71 Stat. 519; Pub. L. 85–840, title II, §§ 201, 203, 204(a), title III, §§ 301(a)(2), (b)(2), (c)(2), (d), (e), 302(a), 305(b), Aug. 28, 1958, 72 Stat. 1020, 1021, 1026–1028, 1030; Pub. L. 86–778, title II, §§ 207(a)–(c), 208(a)–(c), title IV, §§ 402(e), 403(c), title VII, § 703, Sept. 13, 1960, 74 Stat. 950–952, 968, 969, 994; Pub. L. 87–64, title I, §§ 102(b)(2)(D), (c)(1), (2)(B), (3)(C), 105, June 30, 1961, 75 Stat. 134, 135, 139; Pub. L. 88–650, § 1(a)–(c), Oct. 13, 1964, 78 Stat. 1075; Pub. L. 89–97, title III, §§ 303(a)(1), (b)(1), (2), 304(l), 306(c)(13), 308(c), (d)(2)(B), 328(b), 334(a)–(d), 339(a), 344(a), July 30, 1965, 79 Stat. 366, 367, 370, 373, 377, 378, 400, 404, 405, 409, 412; Pub. L. 90–248, title I, §§ 104(d)(2), 105(a), 111(a), 150(a), 156(a)–(d), 158(d), 172(a), (b), Jan. 2, 1968, 81 Stat. 832, 833, 837, 860, 866, 869, 877; Pub. L. 92–603, title I, §§ 104(g), 113(a), 115(b), 116(d), 117(a), 118(b), 145(a), Oct. 30, 1972, 86 Stat. 1341, 1347, 1349–1351, 1370; Pub. L. 93–445, title III, § 304, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 95–216, title III, § 337(a), Dec. 20, 1977, 91 Stat. 1548; Pub. L. 96–265, title III, §§ 303(b)(2)(B), 306(b), June 9, 1980, 94 Stat. 453, 457; Pub. L. 96–473, § 5(a)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 97–35, title XXII, §§ 2202(a)(2), 2203(b)(2), (c)(2), (d)(3), (4), Aug. 13, 1981, 95 Stat. 835–837; Pub. L. 98–21, title II, § 201(a), (c)(1)(D), title III, §§ 301(c), 303, 304(c), 306(c), 309(j), (k), 332(a), 333(a), Apr. 20, 1983, 97 Stat. 107, 109, 111, 112, 114, 117, 129; Pub. L. 98–369, div. B, title VI, §§ 2661(l), 2662(c)(1), 2663(a)(11), July 18, 1984, 98 Stat. 1158, 1159, 1164; Pub. L. 98–460, §§ 2(b), 4(a)(2), Oct. 9, 1984, 98 Stat. 1796, 1800; Pub. L. 100–203, title IX, § 9010(e)(1), Dec. 22, 1987, 101 Stat. 1330–294; Pub. L. 101–508, title V, §§ 5103(b)(1), 5104(a), 5119(a), (b), Nov. 5, 1990, 104 Stat. 1388–251, 1388–254, 1388–278, 1388–279; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(H), Aug. 15, 1994, 108 Stat. 1478, 1538; Pub. L. 108–203, title IV, § 414(a)–(c), Mar. 2, 2004, 118 Stat. 529, 530.)