Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 423. Disability insurance benefit payments

Statutory text

Disability insurance benefits

Every individual who—

is insured for disability insurance benefits (as determined under subsection (c)(1)),

has not attained retirement age (as defined in section 416(l) of this title),

if not a United States citizen or national—

has been assigned a social security account number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of section 405(c)(2)(B)(i) of this title; or

at the time any quarters of coverage are earned—

is described in subparagraph (B) or (D) of section 1101(a)(15) of title 8,

is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and

the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.1

has filed application for disability insurance benefits, and

is under a disability (as defined in subsection (d))

shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after his waiting period (as defined in subsection (c)(2)) in which he becomes so entitled to such insurance benefits, (ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iii) for each month beginning with 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 entitled to disability insurance benefits which terminated, or had a period of disability (as defined in section 416(i) of this title) which ceased, within the 60-month period preceding the first month in which he is under such disability, and ending with the month preceding whichever of the following months is the earliest: the month in which he dies, the month in which he attains retirement age (as defined in section 416(l) of this title), or, subject to subsection (e), the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity. No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (d) except for paragraph (1)(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 402 of this title to any person on the basis of the wages and self-employment income of such individual. In the case 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.

Except as provided in section 402(q) of this title and section 415(b)(2)(A)(ii) of this title, such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he had attained age 62 in—

the first month of his waiting period, or

in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes entitled to such disability insurance benefits,

and as though he had become entitled to old-age insurance benefits in the month in which the application for disability insurance benefits was filed and he 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. For the purposes of the preceding sentence, in the case of an individual who attained age 62 in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, the elapsed years referred to in section 415(b)(3) of this title shall not include the year in which he attained age 62, or any year thereafter.

Filing application

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 (and shall be deemed to have been filed in such first month) only if the applicant satisfies the requirements for such benefits 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). 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 such application is filed before the end of the 12th month immediately succeeding such month.

Definitions; insured status; waiting period

For purposes of this section—

An individual shall be insured for disability insurance benefits in any month 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 month, and

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

if such month ends before the quarter in which 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 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, or

in the case of an individual (not otherwise insured under clause (i)) who, by reason of section 416(i)(3)(B)(ii) of this title, 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 the quarter in which such month occurs 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 section 416(i)(1) of this title). 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.

The term “waiting period” means, in the case of any application for disability insurance benefits, the earliest period of five consecutive calendar months—

throughout which the individual with respect to whom such application is filed has been under a disability, and

which begins not earlier than with the first day of the seventeenth month before the month in which such application is filed if such individual is insured for disability insurance benefits in such seventeenth month, or (ii) if he is not so insured in such month, which begins not earlier than with the first day of the first month after such seventeenth month in which he is so insured.

Notwithstanding the preceding provisions of this paragraph, no waiting period may begin for any individual before January 1, 1957.

“Disability” defined

The term “disability” means—

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

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 416(i)(1) of this title), 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.

For purposes of paragraph (1)(A)—

An individual 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.

In determining whether an individual’s physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under this section, the Commissioner of Social Security shall consider the combined effect of all of the individual’s impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Commissioner of Social Security does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.

An individual shall not be considered to be disabled for purposes of this subchapter if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.

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.

The Commissioner of Social Security 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. No individual who is blind shall be regarded as having demonstrated an ability to engage in substantial gainful activity on the basis of earnings that do not exceed an amount equal to the exempt amount which would be applicable under section 403(f)(8) of this title, to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 422(c) of this title, be found not to be disabled. In determining whether an individual is able to engage in substantial gainful activity by reason of his earnings, where his disability is sufficiently severe to result in a functional limitation requiring assistance in order for him to work, there shall be excluded from such earnings an amount equal to the cost (to such individual) of any attendant care services, medical devices, equipment, prostheses, and similar items and services (not including routine drugs or routine medical services unless such drugs or services are necessary for the control of the disabling condition) which are necessary (as determined by the Commissioner of Social Security in regulations) for that purpose, whether or not such assistance is also needed to enable him to carry out his normal daily functions; except that the amounts to be excluded shall be subject to such reasonable limits as the Commissioner of Social Security may prescribe.

In determining under subparagraph (A) when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, the Commissioner of Social Security shall apply the criteria described in subparagraph (A) with respect to services performed by any individual without regard to the legality of such services.

Subject to clause (ii), in determining when earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, such earnings shall be presumed to have been earned—

in making a determination of initial entitlement on the basis of disability, in the month in which the services were performed from which such earnings were derived; and

in any other case, in the month in which such earnings were paid.

A presumption made under clause (i) shall not apply to a determination described in such clause if—

the Commissioner can reasonably establish, based on evidence readily available at the time of such determination, that the earnings were earned in a different month than when paid; or

in any case in which there is a determination that no benefit is payable due to earnings, after the individual is notified of the presumption made and provided with an opportunity to submit additional information along with an explanation of what additional information is needed, the individual shows to the satisfaction of the Commissioner that such earnings were earned in another month.

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 Commissioner of Social Security may require. An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability as defined in this section; there must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from anatomical, physiological, or psychological abnormalities which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all evidence required to be furnished under this paragraph (including statements of the individual or his physician as to the intensity and persistence of such pain or other symptoms which may reasonably be accepted as consistent with the medical signs and findings), would lead to a conclusion that the individual is under a disability. Objective medical evidence of pain or other symptoms established by medically acceptable clinical or laboratory techniques (for example, deteriorating nerve or muscle tissue) must be considered in reaching a conclusion as to whether the individual is under a disability. Any non-Federal hospital, clinic, laboratory, or other provider of medical services, or physician not in the employ of the Federal Government, which supplies medical evidence required and requested by the Commissioner of Social Security under this paragraph shall be entitled to payment from the Commissioner of Social Security for the reasonable cost of providing such evidence.

In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security shall consider all evidence available in such individual’s case record, and shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability. In making any determination the Commissioner of Social Security shall make every reasonable effort to obtain from the individual’s treating physician (or other treating health care provider) all medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.

In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security may not consider (except for good cause as determined by the Commissioner) any evidence furnished by—

any individual or entity who has been convicted of a felony under section 408 of this title or under section 1383a of this title;

any individual or entity who has been excluded from participation in any Federal health care program under section 1320a–7 of this title; or

any person with respect to whom a civil money penalty or assessment has been imposed under section 1320a–8 of this title for the submission of false evidence.

To the extent and at such times as is necessary for the effective implementation of clause (i) of this subparagraph—

the Inspector General of the Social Security Administration shall transmit to the Commissioner information relating to persons described in subclause (I) or (III) of clause (i); 2

the Secretary of Health and Human Services shall transmit to the Commissioner information relating to persons described in subclause (II) of clause (i); and 3

Notwithstanding any other provision of this subchapter, any physical or mental impairment which arises in connection with the commission by an individual (after October 19, 1980) of an offense which constitutes a felony under applicable law and for which such individual is subsequently convicted, or which is aggravated in connection with such an offense (but only to the extent so aggravated), shall not be considered in determining whether an individual is under a disability.

Notwithstanding any other provision of this subchapter, any physical or mental impairment which arises in connection with an individual’s confinement in a jail, prison, or other penal institution or correctional facility pursuant to such individual’s conviction of an offense (committed after October 19, 1980) constituting a felony under applicable law, or which is aggravated in connection with such a confinement (but only to the extent so aggravated), shall not be considered in determining whether such individual is under a disability for purposes of benefits payable for any month during which such individual is so confined.

Engaging in substantial gainful activity

No benefit shall be payable under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 402 of this title or under subsection (a)(1) of this section to an individual for any month, after the third month, in which he engages in substantial gainful activity during the 36-month period following the end of his trial work period determined by application of section 422(c)(4)(A) of this title.

No benefit shall be payable under section 402 of this title on the basis of the wages and self-employment income of an individual entitled to a benefit under subsection (a)(1) of this section for any month for which the benefit of such individual under subsection (a)(1) is not payable under paragraph (1).

Standard of review for termination of disability benefits

A recipient of benefits under this subchapter or subchapter XVIII based on the disability of any individual may be determined not to be entitled to such benefits 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 only if such finding is supported by—

substantial evidence which demonstrates that—

there has been any medical improvement in the individual’s impairment or combination of impairments (other than medical improvement which is not related to the individual’s ability to work), and

the individual is now able to engage in substantial gainful activity; or

substantial evidence which—

consists of new medical evidence and a new assessment of the individual’s residual functional capacity, and demonstrates that—

although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual’s ability to work), and

the individual is now able to engage in substantial gainful activity, or

demonstrates that—

although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual’s ability to work), and

the individual is now able to engage in substantial gainful activity; or

substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual’s impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore the individual is able to engage in substantial gainful activity; or

substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error.

Nothing in this subsection shall be construed to require a determination that a recipient of benefits under this subchapter or subchapter XVIII based on an individual’s disability is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity, cannot be located, or fails, without good cause, to cooperate in a review of the entitlement to such benefits or to follow prescribed treatment which would be expected to restore his or her ability to engage in substantial gainful activity. In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Commissioner of Social Security shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language). Any determination under this section shall be made on the basis of all the evidence available in the individual’s case file, including new evidence concerning the individual’s prior or current condition which is presented by the individual or secured by the Commissioner of Social Security. Any determination made under this section shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual’s condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled. For purposes of this subsection, a benefit under this subchapter is based on an individual’s disability if it is a disability insurance benefit, a child’s, widow’s, or widower’s insurance benefit based on disability, or a mother’s or father’s insurance benefit based on the disability of the mother’s or father’s child who has attained age 16.

Continued payment of disability benefits during appeal

In any case where—

an individual is a recipient of disability insurance benefits, or of child’s, widow’s, or widower’s insurance benefits based on disability,

the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and as a consequence such individual is determined not to be entitled to such benefits, and

a timely request for a hearing under section 421(d) of this title, or for an administrative review prior to such hearing, is pending with respect to the determination that he is not so entitled,

such individual may elect (in such manner and form and within such time as the Commissioner of Social Security shall by regulations prescribe) to have the payment of such benefits, the payment of any other benefits under this subchapter based on such individual’s wages and self-employment income, the payment of mother’s or father’s insurance benefits to such individual’s mother or father based on the disability of such individual as a child who has attained age 16, and the payment of benefits under subchapter XVIII based on such individual’s disability, continued for an additional period beginning with the first month beginning after January 12, 1983, for which (under such determination) such benefits are no longer otherwise payable, and ending with the earlier of (i) the month preceding the month in which a decision is made after such a hearing, or (ii) the month preceding the month in which no such request for a hearing or an administrative review is pending.

If an individual elects to have the payment of his benefits continued for an additional period under paragraph (1), and the final decision of the Commissioner of Social Security affirms the determination that he is not entitled to such benefits, any benefits paid under this subchapter pursuant to such election (for months in such additional period) shall be considered overpayments for all purposes of this subchapter, except as otherwise provided in subparagraph (B).

If the Commissioner of Social Security determines that the individual’s appeal of his termination of benefits was made in good faith, all of the benefits paid pursuant to such individual’s election under paragraph (1) shall be subject to waiver consideration under the provisions of section 404 of this title. In making for purposes of this subparagraph any determination of whether any individual’s appeal is made in good faith, the Commissioner of Social Security shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).

Interim benefits in cases of delayed final decisions

In any case in which an administrative law judge has determined after a hearing as provided under section 405(b) of this title that an individual is entitled to disability insurance benefits or child’s, widow’s, or widower’s insurance benefits based on disability and the Commissioner of Social Security has not issued the Commissioner’s final decision in such case within 110 days after the date of the administrative law judge’s determination, such benefits shall be currently paid for the months during the period beginning with the month preceding the month in which such 110-day period expires and ending with the month preceding the month in which such final decision is issued.

For purposes of paragraph (1), in determining whether the 110-day period referred to in paragraph (1) has elapsed, any period of time for which the action or inaction of such individual or such individual’s representative without good cause results in the delay in the issuance of the Commissioner’s final decision shall not be taken into account to the extent that such period of time exceeds 20 calendar days.

Any benefits currently paid under this subchapter pursuant to this subsection (for the months described in paragraph (1)) shall not be considered overpayments for any purpose of this subchapter (unless payment of such benefits was fraudulently obtained), and such benefits shall not be treated as past-due benefits for purposes of section 406(b)(1) of this title.

Reinstatement of entitlement

Entitlement to benefits described in subparagraph (B)(i)(I) shall be reinstated in any case where the Commissioner determines that an individual described in subparagraph (B) has filed a request for reinstatement meeting the requirements of paragraph (2)(A) during the period prescribed in subparagraph (C). Reinstatement of such entitlement shall be in accordance with the terms of this subsection.

An individual is described in this subparagraph if—

prior to the month in which the individual files a request for reinstatement—

the individual was entitled to benefits under this section or section 402 of this title on the basis of disability pursuant to an application filed therefor; and

such entitlement terminated due to the performance of substantial gainful activity;

the individual is under a disability and the physical or mental impairment that is the basis for the finding of disability is the same as (or related to) the physical or mental impairment that was the basis for the finding of disability that gave rise to the entitlement described in clause (i); and

the individual’s disability renders the individual unable to perform substantial gainful activity.

Except as provided in clause (ii), the period prescribed in this subparagraph with respect to an individual is 60 consecutive months beginning with the month following the most recent month for which the individual was entitled to a benefit described in subparagraph (B)(i)(I) prior to the entitlement termination described in subparagraph (B)(i)(II).

In the case of an individual who fails to file a reinstatement request within the period prescribed in clause (i), the Commissioner may extend the period if the Commissioner determines that the individual had good cause for the failure to so file.

A request for reinstatement shall be filed in such form, and containing such information, as the Commissioner may prescribe.

A request for reinstatement shall include express declarations by the individual that the individual meets the requirements specified in clauses (ii) and (iii) of paragraph (1)(B).

A request for reinstatement filed in accordance with subparagraph (A) may constitute an application for benefits in the case of any individual who the Commissioner determines is not entitled to reinstated benefits under this subsection.

In determining whether an individual meets the requirements of paragraph (1)(B)(ii), the provisions of subsection (f) shall apply.

Subject to clause (ii), entitlement to benefits reinstated under this subsection shall commence with the benefit payable for the month in which a request for reinstatement is filed.

An individual whose entitlement to a benefit for any month would have been reinstated under this subsection had the individual filed a request for reinstatement before the end of such month shall be entitled to such benefit for such month if such request for reinstatement is filed before the end of the twelfth month immediately succeeding such month.

Subject to clauses (ii) and (iii), the amount of the benefit payable for any month pursuant to the reinstatement of entitlement under this subsection shall be determined in accordance with the provisions of this subchapter.

For purposes of computing the primary insurance amount of an individual whose entitlement to benefits under this section is reinstated under this subsection, the date of onset of the individual’s disability shall be the date of onset used in determining the individual’s most recent period of disability arising in connection with such benefits payable on the basis of an application.

Benefits under this section or section 402 of this title payable for any month pursuant to a request for reinstatement filed in accordance with paragraph (2) shall be reduced by the amount of any provisional benefit paid to such individual for such month under paragraph (7).

No benefit shall be payable pursuant to an entitlement reinstated under this subsection to an individual for any month in which the individual engages in substantial gainful activity.

The entitlement of any individual that is reinstated under this subsection shall end with the benefits payable for the month preceding whichever of the following months is the earliest:

The month in which the individual dies.

The month in which the individual attains retirement age.

The third month following the month in which the individual’s disability ceases.

Whenever an individual’s entitlement to benefits under this section is reinstated under this subsection, entitlement to benefits payable on the basis of such individual’s wages and self-employment income may be reinstated with respect to any person previously entitled to such benefits on the basis of an application if the Commissioner determines that such person satisfies all the requirements for entitlement to such benefits except requirements related to the filing of an application. The provisions of paragraph (4) shall apply to the reinstated entitlement of any such person to the same extent that they apply to the reinstated entitlement of such individual.

An individual to whom benefits are payable under this section or section 402 of this title pursuant to a reinstatement of entitlement under this subsection for 24 months (whether or not consecutive) shall, with respect to benefits so payable after such twenty-fourth month, be deemed for purposes of paragraph (1)(B)(i)(I) and the determination, if appropriate, of the termination month in accordance with subsection (a)(1) of this section, or subsection (d)(1), (e)(1), or (f)(1) of section 402 of this title, to be entitled to such benefits on the basis of an application filed therefor.

An individual described in paragraph (1)(B) who files a request for reinstatement in accordance with the provisions of paragraph (2)(A) shall be entitled to provisional benefits payable in accordance with this paragraph, unless the Commissioner determines that the individual does not meet the requirements of paragraph (1)(B)(i) or that the individual’s declaration under paragraph (2)(A)(ii) is false. Any such determination by the Commissioner shall be final and not subject to review under subsection (b) or (g) of section 405 of this title.

The amount of a provisional benefit for a month shall equal the amount of the last monthly benefit payable to the individual under this subchapter on the basis of an application increased by an amount equal to the amount, if any, by which such last monthly benefit would have been increased as a result of the operation of section 415(i) of this title.

Provisional benefits shall begin with the month in which a request for reinstatement is filed in accordance with paragraph (2)(A).

Provisional benefits shall end with the earliest of—

the month in which the Commissioner makes a determination regarding the individual’s entitlement to reinstated benefits;

the fifth month following the month described in clause (i);

the month in which the individual performs substantial gainful activity; or

the month in which the Commissioner determines that the individual does not meet the requirements of paragraph (1)(B)(i) or that the individual’s declaration made in accordance with paragraph (2)(A)(ii) is false.

In any case in which the Commissioner determines that an individual is not entitled to reinstated benefits, any provisional benefits paid to the individual under this paragraph shall not be subject to recovery as an overpayment unless the Commissioner determines that the individual knew or should have known that the individual did not meet the requirements of paragraph (1)(B).

Limitation on payments to prisoners

For provisions relating to limitation on payments to prisoners, see section 402(x) of this title.

Footnotes

1 So in original. The period probably should be a comma.
2 So in original. Probably should be followed by “and”.
3 So in original. The “; and” probably should be a period.

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. 84–531 · 70 Stat. 160
Enacted · 42 U.S.C. § 423
Aug. 14, 1935, ch. 531, title II, § 223, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 815
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 223, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 815
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 202(a) · 72 Stat. 1013
Changed · 42 U.S.C. § 423(b)
Pub. L. 85–840, § 202(a), provided that individuals who would have been entitled to disability insurance benefits for any month after June 1957 had they filed application therefor prior to the end of such month shall be entitled to disability benefits for such month if they file application therefor prior to the end of the twelfth month immediately succeeding such month
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–840, § 202(a), provided that individuals who would have been entitled to disability insurance benefits for any month after June 1957 had they filed application therefor prior to the end of such month shall be entitled to disability benefits for such month if they file application therefor prior to the end of the twelfth month immediately succeeding such month.
Enacted provision · exact public law section
(a) Section 223 (b) of such Act is amended by adding 42 USC 423. at the end thereof the following new sentence: “An individual who would have been entitled to a disability insurance benefit for any month after June 1957 had he filed application therefor prior to the end of such month shall be entitled to such benefit for such month if he files application therefor prior to the end of the twelfth month immediately succeeding such month.”
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 204(b) · 72 Stat. 1013
Substituted · 42 U.S.C. § 423(c)(1)
Pub. L. 85–840, § 204(b), substituted “fully insured” for “fully and currently insured” in cl. (A)
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 85–840, § 204(b), substituted “fully insured” for “fully and currently insured” in cl. (A).
Enacted provision · exact public law section
(b) Disability Insurance Benefits Section 223 (c) (1) (A) of such Act is amended by striking 42 USC 423. out “fully and currently insured” and inserting in lieu thereof “fully insured”.
1958
Social Security Amendments of 1958
Pub. L. 85–840 § 202(b) · 72 Stat. 1013
1. Inserted · 42 U.S.C. § 423(c)(3)
  Pub. L. 85–840, § 202(b), inserted “which continues until such application is filed” after “under a disability” in cl. (A)
2. Substituted · 42 U.S.C. § 423(c)(3)
  Pub. L. 85–840, § 202(b), substituted “eighteenth month” for “sixth month” in three instances in cl. (B)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 85–840, § 202(b), inserted “which continues until such application is filed” after “under a disability” in cl. (A), and substituted “eighteenth month” for “sixth month” in three instances in cl. (B).
Enacted provision · exact public law section
(b) The first sentence of section 223 (c) (3) of such Act (defining the term “waiting period” for purposes of applications for disability insurance benefits) is amended to read as follows: “(3) The term ‘waiting period’ means, in the case of any application for disability insurance benefits, the earliest period of six consecutive calendar months— “(A) throughout which the individual who files such application has been under a disability which continues until such application is filed, and “(B) (i) which begins not earlier than with the first day of the eighteenth month before the month in which such application is filed if such individual is insured for disability insurance benefits in such eighteenth month, or (ii) if he is not so insured in such month, which begins not earlier than with the first day of the first month after such eighteenth month in which he is so insured.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 title III § 303(f) · 74 Stat. 924
1. Struck · 42 U.S.C. § 423(a)(1)
  Pub. L. 86–778, §§ 401(a), 402(a), 403(b), struck out provisions from cl. (B) which required an individual to have attained the age of 50
2. Inserted · 42 U.S.C. § 423(a)(1)
  Pub. L. 86–778, §§ 401(a), 402(a), 403(b), inserted provisions authorizing payment of benefits to an individual for each month beginning with 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 entitled to disability insurance benefits which terminated, or had a period of disability which ceased, within the 60-month period preceding the first month in which he is under such disability
3. Substituted · 42 U.S.C. § 423(a)(1)
  Pub. L. 86–778, §§ 401(a), 402(a), 403(b), substituted provisions requiring benefits to end with the month preceding whichever of the following is the earliest: the month in which he dies, the month in which he attains the age of 65, or the third month following the month in which his disability ceases for provisions which required the benefits to end with the month preceding the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of 65
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 86–778, §§ 401(a), 402(a), 403(b), struck out provisions from cl. (B) which required an individual to have attained the age of 50, inserted provisions authorizing payment of benefits to an individual for each month beginning with 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 entitled to disability insurance benefits which terminated, or had a period of disability which ceased, within the 60-month period preceding the first month in which he is under such disability, and substituted provisions requiring benefits to end with the month preceding whichever of the following is the earliest: the month in which he dies, the month in which he attains the age of 65, or the third month following the month in which his disability ceases for provisions which required the benefits to end with the month preceding the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of 65.
Enacted provision · exact public law section
(f) Effective with respect to individuals who become entitled to 42 USC 423. Post, p. 967. benefits under section 223 of the Social Security Act after 1960, section 223(a)(2) of such Act (as amended by section 402(b) of this Act) is amended to read as follows: “(2) Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined 42 USC 415. under section 215 as though he had attained retirement age in— “(A) the first month of his waiting period, or “(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes entitled to such disability insurance benefits, and as though he had become entitled to old-age insurance benefits in the month in which he filed his application for disability insurance benefits. For the purposes of the preceding sentence, in the case of a woman who both was fully insured and had attained retirement age in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, the elapsed years referred to in Ante, p. 961. section 215(b)(3) shall not include the first year in which she both was fully insured and had attained retirement age, or any year thereafter.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 303(f) · 74 Stat. 924
Amended · 42 U.S.C. § 423(a)(2)
Pub. L. 86–778, § 303(f), amended generally subsec. (a)(2), as amended by section 402(b) of Pub. L. 86–778 which read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in—
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 86–778, § 303(f), amended generally subsec. (a)(2), as amended by section 402(b) of Pub. L. 86–778 which read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in—
“(A) the first month of his waiting period, or “(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits.”
Enacted provision · exact public law section
(f) Effective with respect to individuals who become entitled to 42 USC 423. Post, p. 967. benefits under section 223 of the Social Security Act after 1960, section 223(a)(2) of such Act (as amended by section 402(b) of this Act) is amended to read as follows: “(2) Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined 42 USC 415. under section 215 as though he had attained retirement age in— “(A) the first month of his waiting period, or “(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes entitled to such disability insurance benefits, and as though he had become entitled to old-age insurance benefits in the month in which he filed his application for disability insurance benefits. For the purposes of the preceding sentence, in the case of a woman who both was fully insured and had attained retirement age in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, the elapsed years referred to in Ante, p. 961. section 215(b)(3) shall not include the first year in which she both was fully insured and had attained retirement age, or any year thereafter.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 402(b) · 74 Stat. 924
Amended · 42 U.S.C. § 423(a)(2)
Pub. L. 86–778, § 402(b), amended subsec. (a)(2) generally. Prior to amendment, subsec. (a)(2) read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in the first month of his waiting period.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 86–778, § 402(b), amended subsec. (a)(2) generally. Prior to amendment, subsec. (a)(2) read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in the first month of his waiting period.”
Enacted provision · exact public law section
(b) Section 223(a)(2) of such Act is amended to read as follows: Ante, p. 964. “(2) Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 215 as though he became entitled to old-age 42 USC 415. insurance benefits in— “(A) the first month of his waiting period, or “(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 402(c) · 74 Stat. 924
1. Inserted · 42 U.S.C. § 423(b)
  Pub. L. 86–778, § 402(c), (d), prohibited acceptance of an application, in any case in which cl. (ii) of par. (1) of subsec. (a) of this section is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to benefits, inserted provisions requiring any application filed within the nine months’ period or six months’ period, as the case may be, to be deemed to have been filed in such first month
2. Substituted · 42 U.S.C. § 423(b)
  Pub. L. 86–778, § 402(c), (d), prohibited acceptance of an application, in any case in which cl. (ii) of par. (1) of subsec. (a) of this section is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to benefits, substituted “if he is continuously under a disability after such month and until he files application therefor, and he files such application” for “if he files application therefor”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 86–778, § 402(c), (d), prohibited acceptance of an application, in any case in which cl. (ii) of par. (1) of subsec. (a) of this section is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to benefits, inserted provisions requiring any application filed within the nine months’ period or six months’ period, as the case may be, to be deemed to have been filed in such first month, and substituted “if he is continuously under a disability after such month and until he files application therefor, and he files such application” for “if he files application therefor”.
Enacted provision · exact public law section
(c) The first sentence of section 223(b) of such Act is amended to read as follows: “No application for disability insurance benefits shall be accepted as a valid application for purposes of this section (1) if it is filed more than nine months before the first month for which the applicant becomes entitled to such benefits, or (2) in any case in which clause (ii) of paragraph (1) of subsection (a) is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to such benefits; and any application filed within such nine months’ period or six months’ period, as the case may be, shall be deemed to have been filed in such first month.”
1960
Social Security Amendments of 1960
Pub. L. 86–778 § 401(b) · 74 Stat. 924
Struck · 42 U.S.C. § 423(c)(3)
Pub. L. 86–778, § 401(b), struck out provisions which prohibited a waiting period for any individual from beginning before the first day of the sixth month before the month in which he attains the age of 50
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 86–778, § 401(b), struck out provisions which prohibited a waiting period for any individual from beginning before the first day of the sixth month before the month in which he attains the age of 50.
Enacted provision · exact public law section
(b) The last sentence of section 223(c)(3) of such Act is amended by striking out the semicolon and all that follows and inserting in lieu thereof a period.
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(b)(2)(C) · 75 Stat. 131
Substituted · 42 U.S.C. § 423(a)(1)
Pub. L. 87–64, § 102(b)(2)(C), substituted “the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits” for “the month in which he attains the age of sixty-five”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 87–64, § 102(b)(2)(C), substituted “the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits” for “the month in which he attains the age of sixty-five”.
Enacted provision · exact public law section
(C) Section 223(a)(1) of such Act is amended by striking out “the month in which he attains the age of sixty-five,” and inserting in lieu thereof “the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits,”.
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(c)(2)(C) · 75 Stat. 131
1. Substituted · 42 U.S.C. § 423(a)(2)
  Pub. L. 87–64, § 102(c)(2)(C), (3)(D), substituted “as though he had attained age 62 (if a woman) or age 65 (if a man)” for “as though he had attained retirement age” in two places
2. Substituted · 42 U.S.C. § 423(a)(2)
  Pub. L. 87–64, § 102(c)(2)(C), (3)(D), substituted “fully insured and had attained age 62” for “fully insured and had attained retirement age” in two places
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 87–64, § 102(c)(2)(C), (3)(D), substituted “as though he had attained age 62 (if a woman) or age 65 (if a man)” for “as though he had attained retirement age”, and “fully insured and had attained age 62” for “fully insured and had attained retirement age”, in two places.
Enacted provision · exact public law section
(C) the second sentence of section 223(a)(2).
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(b)(2)(B) · 75 Stat. 131
Added · 42 U.S.C. § 423(a)(3)
Pub. L. 87–64, § 102(b)(2)(B), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 87–64, § 102(b)(2)(B), added par. (3).
Enacted provision · exact public law section
(B) Section 223(a) of such-Act is amended by adding at the end thereof the following new paragraph: “(3) If, for any month before the month in which an individual attains age 65, such individual is entitled to— “(A) a widow’s, widower’s, or parent’s insurance benefit, or “(B) an old-age, wife’s, or husband’s insurance benefit which Ante, p. 131. is reduced under subsection (q) of section 202, such individual may not, for any month after the first month for which such individual is so entitled, become entitled to disability insurance benefits; and a period of disability may not begin with respect to such individual in any month after such first month.”
1961
Social Security Amendments of 1961
Pub. L. 87–64 § 102(c)(3)(E) · 75 Stat. 131
Substituted · 42 U.S.C. § 423(c)(1)(A)
Pub. L. 87–64, § 102(c)(3)(E), substituted “attained age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 87–64, § 102(c)(3)(E), substituted “attained age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”.
Enacted provision · exact public law section
(E) section 223(c)(1)(A).
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
Struck · 42 U.S.C. § 423(a)(1)
Pub. L. 89–97, §§ 303(b)(3), 344(c), struck out from subpar. (D) “at the time such application is filed,” after parenthetical provision and from provisions following subpar. (D) “the first month for which he is entitled to old-age insurance benefits” after “age 65,”; and prohibit payment to an individual who would not meet the definition of disability in subsec. (c)(2) except for subpar. (B) thereof for any month in which he engages in substantial gainful activity, and payment for such month under subsec. (b), (c), or (d) of section 402 of this title to any person on the basis of the wages and self-employment income of such individual, respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 89–97, §§ 303(b)(3), 344(c), struck out from subpar. (D) “at the time such application is filed,” after parenthetical provision and from provisions following subpar. (D) “the first month for which he is entitled to old-age insurance benefits” after “age 65,”; and prohibit payment to an individual who would not meet the definition of disability in subsec. (c)(2) except for subpar. (B) thereof for any month in which he engages in substantial gainful activity, and payment for such month under subsec. (b), (c), or (d) of section 402 of this title to any person on the basis of the wages and self-employment income of such individual, 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. Substituted · 42 U.S.C. § 423(a)(2)
  Pub. L. 89–97, §§ 302(e), 304(m), inserted in first sentence “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” and “Except as provided in section 402(q) of this title” and in last sentence substituted “shall not include the year” for “shall not include the first year”
2. Struck · 42 U.S.C. § 423(a)(2)
  Pub. L. 89–97, §§ 302(e), 304(m), struck out “both was fully insured and had” before “attained age 62” in two places, respectively
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 89–97, §§ 302(e), 304(m), inserted in first sentence “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” and “Except as provided in section 402(q) of this title” and in last sentence substituted “shall not include the year” for “shall not include the first year” and struck out “both was fully insured and had” before “attained age 62” in two places, 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 § 304(n) · 79 Stat. 288
Repealed · 42 U.S.C. § 423(a)(3)
Pub. L. 89–97, § 304(n), repealed par. (3) which prohibited an individual from becoming entitled to disability insurance benefits if he is entitled to a widow’s, widower’s, or parent’s insurance benefit, or an old-age, wife’s or husband’s insurance benefit
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 89–97, § 304(n), repealed par. (3) which prohibited an individual from becoming entitled to disability insurance benefits if he is entitled to a widow’s, widower’s, or parent’s insurance benefit, or an old-age, wife’s or husband’s insurance benefit.
Enacted provision · exact public law section
(n) Section 223(a)(3) of such Act is repealed.
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III · 79 Stat. 288
1. Struck · 42 U.S.C. § 423(b)
  Pub. L. 89–97, §§ 303(c), 328(c), struck out from last sentence “after June 1957” after “for any months”
2. Substituted · 42 U.S.C. § 423(b)
  Pub. L. 89–97, §§ 303(c), 328(c), substituted “before” for “prior to”
3. Substituted · 42 U.S.C. § 423(b)
  Pub. L. 89–97, §§ 303(c), 328(c), substituted “if he files such application before the end of the 12th month immediately succeeding such month” for “if he is continuously under a disability after such month and until he files application therefor and he files said application prior to the end of the twelfth month immediately succeeding such month”
4. Substituted · 42 U.S.C. § 423(b)
  Pub. L. 89–97, §§ 303(c), 328(c), substituted provisions calling for an application for benefits filed before the first month in which the applicant satisfies the requirements for such benefits to be deemed a valid application only if the applicant satisfies the requirements before the Secretary makes a final decision on the application and calling for the application to be deemed filed in the first month if the applicant is found to satisfy the requirements for provisions placing an outer limit on the time prior to entitlement during which an application would be deemed filed during the first month prior to entitlement, respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 89–97, §§ 303(c), 328(c), struck out from last sentence “after June 1957” after “for any months” and substituted “before” for “prior to” where first appearing and “if he files such application before the end of the 12th month immediately succeeding such month” for “if he is continuously under a disability after such month and until he files application therefor and he files said application prior to the end of the twelfth month immediately succeeding such month”; and substituted provisions calling for an application for benefits filed before the first month in which the applicant satisfies the requirements for such benefits to be deemed a valid application only if the applicant satisfies the requirements before the Secretary makes a final decision on the application and calling for the application to be deemed filed in the first month if the applicant is found to satisfy the requirements for provisions placing an outer limit on the time prior to entitlement during which an application would be deemed filed during the first month prior to entitlement, 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 § 344(b) · 79 Stat. 288
1. Amended · 42 U.S.C. § 423(c)(1)
  Pub. L. 89–97, § 344(b), 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)
2. Added · 42 U.S.C. § 423(c)(1)
  Pub. L. 89–97, § 344(b), 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 added subpar. (B)(ii)
3. Added · 42 U.S.C. § 423(c)(1)
  Pub. L. 89–97, § 344(b), 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 added the material following subpar. (B)(ii) 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
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 89–97, § 344(b), 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 added the material following subpar. (B)(ii) 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.
Enacted provision · exact public law section
(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.”
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(a)(2) · 79 Stat. 288
1. Amended · 42 U.S.C. § 423(c)(2)(A)
  Pub. L. 89–97, § 303(a)(2), designated existing provisions as subpar. (A)
2. Substituted · 42 U.S.C. § 423(c)(2)(A)
  Pub. L. 89–97, § 303(a)(2), substituted “which has lasted or can be expected to last for a continuous period of not less than 12 months; or” for “to be of long-continued and indefinite duration”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 89–97, § 303(a)(2), designated existing provisions as subpar. (A) and substituted “which has lasted or can be expected to last for a continuous period of not less than 12 months; or” for “to be of long-continued and indefinite duration”.
Enacted provision · exact public law section
(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”,
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 344(d) · 79 Stat. 288
Added · 42 U.S.C. § 423(c)(2)(B)
Pub. L. 89–97, § 344(d), added subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 89–97, § 344(d), added subpar. (B).
Enacted provision · exact public law section
(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.”
1965
Social Security Amendments of 1965
Pub. L. 89–97 § 303(b)(4) · 79 Stat. 288
Struck · 42 U.S.C. § 423(c)(3)(A)
Pub. L. 89–97, § 303(b)(4), struck out “which continues until such application is filed” after “disability”
Source evidence
Code amendment note
Subsec. (c)(3)(A). Pub. L. 89–97, § 303(b)(4), struck out “which continues until such application is filed” after “disability”.
Enacted provision · exact public law section
(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”.
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 158(c)(6) · 81 Stat. 821
1. Substituted · 42 U.S.C. § 423(a)(1)
  Pub. L. 90–248, § 158(c)(6)–(8), substituted in subpar. (D) reference to “subsection (d)” for “subsection (c)(2)” respectively
2. Substituted · 42 U.S.C. § 423(a)(1)
  Pub. L. 90–248, § 158(c)(6)–(8), substituted in subpar. (D) reference to “subsection (c)(2)” for “subsection (c)(3)” respectively
3. Substituted · 42 U.S.C. § 423(a)(1)
  Pub. L. 90–248, § 158(c)(6)–(8), substituted in subpar. (D) reference to “subsection (d) except for paragraph (1)(B) thereof” for “subsection (c)(2) except for subparagraph (B) thereof” respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 90–248, § 158(c)(6)–(8), substituted in subpar. (D) reference to “subsection (d)” for “subsection (c)(2)”, in text of first sentence following subpar. (D) reference to “subsection (c)(2)” for “subsection (c)(3)”, and in last sentence following subpar. (D) reference to “subsection (d) except for paragraph (1)(B) thereof” for “subsection (c)(2) except for subparagraph (B) thereof”, respectively.
Enacted provision · exact public law section
(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)”.
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 158(a) · 81 Stat. 821
1. Struck · 42 U.S.C. § 423(c)
  Pub. L. 90–248, § 158(a), restricted heading to definitions of “insured status” and “waiting period”, struck out former par. (2) defining “disability” and requiring medical and other evidence of disability, now incorporated in subsec. (d)(1)(A), (5) of this section
2. Redesignated · 42 U.S.C. § 423(c)
  Pub. L. 90–248, § 158(a), restricted heading to definitions of “insured status” and “waiting period”, redesignated former par. (3) as (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–248, § 158(a), restricted heading to definitions of “insured status” and “waiting period”, struck out former par. (2) defining “disability” and requiring medical and other evidence of disability, now incorporated in subsec. (d)(1)(A), (5) of this section, and redesignated former par. (3) as (2).
Enacted provision · exact public law section
(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).
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 105(b) · 81 Stat. 821
1. Substituted · 42 U.S.C. § 423(c)(1)(B)(ii)
  Pub. L. 90–248, § 105(b), substituted in cl. (ii) “before the quarter in which he attains” for “before he attains”
2. Struck · 42 U.S.C. § 423(c)(1)(B)(ii)
  Pub. L. 90–248, § 105(b), struck out “and he is under a disability by reason of blindness (as defined in section 416(i)(1) of this title)” after “age 31”
Source evidence
Code amendment note
Subsec. (c)(1)(B)(ii). Pub. L. 90–248, § 105(b), substituted in cl. (ii) “before the quarter in which he attains” for “before he attains” and struck out “and he is under a disability by reason of blindness (as defined in section 416(i)(1) of this title)” after “age 31”.
Enacted provision · exact public law section
(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))”.
1968
Social Security Amendments of 1967
Pub. L. 90–248 § 158(b) · 81 Stat. 821
1. Redesignated · 42 U.S.C. § 423(d)
  Pub. L. 90–248, § 158(b), redesignated former first sentence of former subsec. (c)(2), comprising subpars. (A) and (B), as par. (1)(A), (B)
2. Added · 42 U.S.C. § 423(d)
  Pub. L. 90–248, § 158(b), added pars. (2) to (4)
3. Redesignated · 42 U.S.C. § 423(d)
  Pub. L. 90–248, § 158(b), redesignated former second sentence of former subsec. (c)(2) as par. (5)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 90–248, § 158(b), redesignated former first sentence of former subsec. (c)(2), comprising subpars. (A) and (B), as par. (1)(A), (B), added pars. (2) to (4), and redesignated former second sentence of former subsec. (c)(2) as par. (5).
Enacted provision · exact public law section
(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.”
1972
Social Security Amendments of 1972
Pub. L. 92–603 § 118(a)(1) · 86 Stat. 1329
Inserted · 42 U.S.C. § 423(a)(1)
Pub. L. 92–603, § 118(a)(1), inserted provision for filing of an application for disability insurance benefits after death of insured individual
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 92–603, § 118(a)(1), inserted provision for filing of an application for disability insurance benefits after death of insured individual.
Enacted provision · exact public law section
(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.”
1972
Social Security Amendments of 1972
Pub. L. 92–603 title I · 86 Stat. 1329
1. Struck · 42 U.S.C. § 423(a)(2)
  Pub. L. 92–603, §§ 104(c), 118(a)(2). struck out “(if a woman) or age 65 (if a man)” after “attained age 62”
2. Substituted · 42 U.S.C. § 423(a)(2)
  Pub. L. 92–603, §§ 104(c), 118(a)(2). substituted “an individual” for “a woman”
3. Substituted · 42 U.S.C. § 423(a)(2)
  Pub. L. 92–603, §§ 104(c), 118(a)(2). substituted “in which he attained age 62” for “in which she attained age 62”
4. Substituted · 42 U.S.C. § 423(a)(2)
  Pub. L. 92–603, §§ 104(c), 118(a)(2). substituted “the application for disability insurance benefits was filed and he was” for “he filed his application for disability insurance benefits and was”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 92–603, §§ 104(c), 118(a)(2). struck out “(if a woman) or age 65 (if a man)” after “attained age 62” and substituted “an individual” for “a woman”, “in which he attained age 62” for “in which she attained age 62”, and “the application for disability insurance benefits was filed and he was” for “he filed his application for disability insurance benefits and was”.
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 § 118(a)(3) · 86 Stat. 1329
Substituted · 42 U.S.C. § 423(b)
Pub. L. 92–603, § 118(a)(3), substituted “if such application is filed” for “if he files such application”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 92–603, § 118(a)(3), substituted “if such application is filed” for “if he files such application”.
Enacted provision · exact public law section
(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”.
1972
Social Security Amendments of 1972
Pub. L. 92–603 title I · 86 Stat. 1329
Struck and inserted · 42 U.S.C. § 423(c)(1)
Pub. L. 92–603, §§ 104(d), 117(b), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A) and in provisions following subpar. (B) inserted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 92–603, §§ 104(d), 117(b), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A) and in provisions following subpar. (B) inserted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind.
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. Substituted · 42 U.S.C. § 423(c)(2)
  Pub. L. 92–603, §§ 116(a), 118(a)(4), substituted “five consecutive calendar months” for “six consecutive calendar months” in provisions preceding subpar. (A)
2. Substituted · 42 U.S.C. § 423(c)(2)
  Pub. L. 92–603, §§ 116(a), 118(a)(4), substituted “with respect to whom such application is filed” for “who files such application” in subpar. (A)
3. Substituted · 42 U.S.C. § 423(c)(2)
  Pub. L. 92–603, §§ 116(a), 118(a)(4), substituted “seventeenth” for “eighteenth” in subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 92–603, §§ 116(a), 118(a)(4), substituted “five consecutive calendar months” for “six consecutive calendar months” in provisions preceding subpar. (A), substituted “with respect to whom such application is filed” for “who files such application” in subpar. (A), and substituted “seventeenth” for “eighteenth” in 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.
1977
Social Security Amendments of 1977
Pub. L. 95–216 title III § 335 · 91 Stat. 1509
Inserted · 42 U.S.C. § 423(d)(4)
Pub. L. 95–216 inserted provisions relating to activities of blind individuals
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 95–216 inserted provisions relating to activities of blind individuals.
Enacted provision · exact public law section
Sec. 335. substantial gainful activity in case of blind individuals Section 223(d) (4) of the Social Security Act is amended 42 USC 423. by inserting after the first sentence the following new sentence: “No individual who is blind shall be regarded as having demonstrated an ability to engage in substantial gainful activity on the basis of earnings that do not exceed the exempt amount under section 203(f) (8) which is applicable to individuals described in subparagraph (D) thereof.”. Ante, p. 1530.
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 303(b)(1)(A) · 94 Stat. 441
Inserted · 42 U.S.C. § 423(a)(1)
Pub. L. 96–265, § 303(b)(1)(A), inserted reference to subsec. (e) of this section and provisions relating to an individual’s termination month
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 96–265, § 303(b)(1)(A), inserted reference to subsec. (e) of this section and provisions relating to an individual’s termination month.
Enacted provision · exact public law section
(A) Section 223(a)(1) of such Act is amended by striking out “or the third month following the month in which his disability ceases.” at the end of the first sentence and inserting in lieu thereof “or, subject to subsection (e), the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 222(c)(4)(A), the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 15 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity.”.
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 102(b) · 94 Stat. 441
Substituted · 42 U.S.C. § 423(a)(2)
Pub. L. 96–265, § 102(b), substituted “Except as provided in section 402(q) and section 415(b)(2)(A)(ii) of this title” for “Except as provided in section 402(q) of this title”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 96–265, § 102(b), substituted “Except as provided in section 402(q) and section 415(b)(2)(A)(ii) of this title” for “Except as provided in section 402(q) of this title”.
Enacted provision · exact public law section
(b) Section 223(a)(2) of such Act is amended by inserting “and 42 USC 423. 42 USC 415, 402. 42 USC 415 note. section 215(b)(2)(A)(ii)” after “section 202(q)” in the first sentence.
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 306(c) · 94 Stat. 441
Inserted · 42 U.S.C. § 423(b)
Pub. L. 96–265, § 306(c), inserted provisions relating to limitations on the prospective effect of applications
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–265, § 306(c), inserted provisions relating to limitations on the prospective effect of applications.
Enacted provision · exact public law section
(c) Section 223(b) of such Act is amended— (1) by inserting “(and shall be deemed to have been filed in such first month)” 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
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 302(a)(1) · 94 Stat. 441
Inserted · 42 U.S.C. § 423(d)(4)
Pub. L. 96–265, § 302(a)(1), inserted provisions relating to extraordinary work expenses due to severe disability
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 96–265, § 302(a)(1), inserted provisions relating to extraordinary work expenses due to severe disability.
Enacted provision · exact public law section
(1) Section 223(d)(4) of the Social Security Act is amended by inserting after the third sentence the following new sentence: “In determining whether an individual is able to engage in substantial gainful activity by reason of his earnings, where his disability is sufficiently severe to result in a functional limitation requiring assistance in order for him to work, there shall be excluded from such earnings an amount equal to the cost (to such individual) of any attendant care services, medical devices, equipment, prostheses, and similar items and services (not including routine drugs or routine medical services unless such drugs or services are necessary for the control of the disabling condition) which are necessary (as determined by the Secretary in regulations) for that purpose, whether or not such assistance is also needed to enable him to carry out his normal daily functions; except that the amounts to be excluded shall be subject to such reasonable limits as the Secretary may prescribe.”.
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 309(a) · 94 Stat. 441
Inserted · 42 U.S.C. § 423(d)(5)
Pub. L. 96–265, § 309(a), inserted provisions relating to payment for existing medical evidence
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 96–265, § 309(a), inserted provisions relating to payment for existing medical evidence.
Enacted provision · exact public law section
(a) Section 223(d)(5) of the Social Security Act is amended 42 USC 423. by adding at the end thereof the following new sentence: “Any non-Federal hospital, clinic, laboratory, or other provider of medical services, or physician not in the employ of the Federal Government, which supplies medical evidence required and requested by the Secretary under this paragraph shall be entitled to payment from the Secretary for the reasonable cost of providing such evidence.”.
1980
Social Security Disability Amendments of 1980
Pub. L. 96–265 § 303(b)(2)(A) · 94 Stat. 441
Added · 42 U.S.C. § 423(e)
Pub. L. 96–265, § 303(b)(2)(A), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–265, § 303(b)(2)(A), added subsec. (e).
Enacted provision · exact public law section
(A) Section 223 of such Act is amended by adding at the end 42 USC 423. thereof the following new subsection: “(e) No benefit shall be payable under subsection (d)(1)(B)(ii), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 or under subsection (a)(1) of 42 USC 402. this section to an individual for any month, after the third month, in which he engages in substantial gainful activity during the 15-month period following the end of his trial work period determined by application of section 222(c)(4)(A).”. 42 USC 422. 42 USC 416.
1980
Pub. L. 96–473 § 5(a)(1) · 94 Stat. 2263
Added · 42 U.S.C. § 423(d)(6)
Pub. L. 96–473, § 5(a)(1), added par. (6)
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 96–473, § 5(a)(1), added par. (6).
Enacted provision · exact public law section
(1) Section 223(d) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(6) (A) Notwithstanding any other provision of this title, any physical or mental impairment which arises in connection with the commission by an individual (after the date of the enactment of this paragraph) of an offense which constitutes a felony under applicable law and for which such individual is subsequently convicted, or which is aggravated in connection with such an offense (but only to the extent so aggravated), shall not be considered in determining whether an individual is under a disability. “(B) Notwithstanding any other provision of this title, any physical or mental impairment which arises in connection with an individual’s confinement in a jail, prison, or other penal institution or correctional facility pursuant to such individual’s conviction of an offense (committed after the date of the enactment of this paragraph) constituting a felony under applicable law, or which is aggravated in connection with such a confinement (but only to the extent so aggravated), shall not be considered in determining whether such individual is under a disability for purposes of benefits payable for any month during which such individual is so confined.”.
1980
Pub. L. 96–473 § 5(c) · 94 Stat. 2263
Added · 42 U.S.C. § 423(f)
Pub. L. 96–473, § 5(c), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–473, § 5(c), added subsec. (f).
Enacted provision · exact public law section
(c) Section 223 of such Act is amended by adding at the end thereof 42 USC 423. the following new subsection: “(f) (1) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section, or under section 202(d) by reason of being under a disability, to any individual for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for such individual by a court of law and, as determined by the Secretary, is expected to result in such individual being able to engage in substantial gainful activity upon release and within a reasonable time. “(2) Benefits which would be payable to any individual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this title on the basis of the wages and self-employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section.”.
1981
Pub. L. 97–123 § 6 · 95 Stat. 1659
Added · 42 U.S.C. § 423(f)(3)
Pub. L. 97–123 added par. (3)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 97–123 added par. (3).
Enacted provision · exact public law section
SEC. 6. INFORMATION WITH RESPECT TO PRISONERS Section 223(f) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Secretary, upon written request, the name and social security account number of any individual who is confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to his conviction of an offense which constituted a felony under applicable law, which the Secretary may require to carry out the provisions of this subsection.”.
1983
Pub. L. 97–455 § 2 · 96 Stat. 2497
Added · 42 U.S.C. § 423(g)
Pub. L. 97–455 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 97–455 added subsec. (g).
Enacted provision · exact public law section
SEC. 2. CONTINUED PAYMENT OF DISABILITY BENEFITS DURING APPEAL. 42 USC 423. Section 223 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(g) “Continued Payment of Disability Benefits During Appeal (1) In any case where— “(A) an individual is a recipient of disability insurance benefits, or of child’s, widow’s, or widower’s insurance benefits based on disability, “(B) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and as a consequence such individual is determined not to be entitled to such benefits, and “(C) 42 USC 421. a timely request for a hearing under section 221(d), or for an administrative review prior to such hearing, is pending with respect to the determination that he is not so entitled, such individual may elect (in such manner and form and within such time as the Secretary shall by regulations prescribe) to have the payment of such benefits, and the payment of any other benefits under this Act based on such individual’s wages and self-employment 42 USC 1895. income (including benefits under title XVIII), continued for an additional period beginning with the first month beginning after the date of the enactment of this subsection for which (under such determination) such benefits are no longer otherwise payable, and ending with the earlier of (i) the month preceding the month in which a decision is made after such a hearing, (ii) the month preceding the month in which no such request for a hearing or an administrative review is pending, or (hi) June 1984. “(2) Overpayments. (A) If an individual elects to have the payment of his benefits continued for an additional period under paragraph (1), and the final decision of the Secretary affirms the determination that he is not entitled to such benefits, any benefits paid under this title pursuant to such election (for months in such additional period) shall be considered overpayments for all purposes of this title, except as otherwise provided in subparagraph (B). “(B) If the Secretary determines that the individual’s appeal of his Waiver consideration. termination of benefits was made in good faith, all of the benefits paid pursuant to such individual’s election under paragraph (1) shall be subject to waiver consideration under the provisions of section 204. 42 USC 404. “(3) The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made— “(A) on or after the date of the enactment of this subsection, or prior to such date but only on the basis of a timely request for a hearing under section 221(d), or for an administrative review 42 USC 421. prior to such hearing, and “(B) prior to October 1, 1983.”.
1983
Pub. L. 98–21 § 201(c)(1)(E) · 97 Stat. 65
Substituted · 42 U.S.C. § 423(a)(1)
Pub. L. 98–21, § 201(c)(1)(E), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 98–21, § 201(c)(1)(E), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65”.
Enacted provision · exact public law section
(E) section 223(a); and 42 USC 423.
1983
Pub. L. 98–21 § 201(c)(3) · 97 Stat. 65
1. Amended · 42 U.S.C. § 423(a)(1)(B)
  Pub. L. 98–21, § 201(c)(3), as amended by Pub. L. 98–369, § 2662(c)(2)
2. Substituted · 42 U.S.C. § 423(a)(1)(B)
  Pub. L. 98–21, § 201(c)(3), as substituted “retirement age (as defined in section 416(l) of this title)” for “the age of sixty-five”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 98–21, § 201(c)(3), as amended by Pub. L. 98–369, § 2662(c)(2), substituted “retirement age (as defined in section 416(l) of this title)” for “the age of sixty-five”.
Enacted provision · exact public law section
(3) by striking out “age of sixty-five” in section 223(a) and 42 USC 423. inserting in lieu thereof “retirement age (as defined in section 216(1))”.
1983
Pub. L. 98–21 § 332(b) · 97 Stat. 65
Added · 42 U.S.C. § 423(c)(1)(B)(iii)
Pub. L. 98–21, § 332(b), added cl. (iii)
Source evidence
Code amendment note
Subsec. (c)(1)(B)(iii). Pub. L. 98–21, § 332(b), added cl. (iii).
Enacted provision · exact public law section
(b) Section 223(c)(1)(B) of such Act is amended— 42 USC 423. (1) by striking out the semicolon at the end of clause (ii) and inserting in lieu thereof “, or”"; and (2) by inserting after clause (ii) the following new clause: “(iii) in the case of an individual (not otherwise insured under clause (i)) who, by reason of section 216(i)(3)(B)(ii), had a prior period of disability that 42 USC 416. 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 the quarter in which such month occurs 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 § 309 · 97 Stat. 65
Substituted · 42 U.S.C. § 423(d)(2)
Pub. L. 98–21, § 309(o), substituted “widower, or surviving divorced husband” for “or widower” wherever appearing
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 98–21, § 309(o), substituted “widower, or surviving divorced husband” for “or widower” wherever appearing.
Enacted provision · exact public law section
Sec. 309. (a) Section 202(b)(3)(A) of the Social Security Act (as 42 USC 402. amended by section 301(a)(6) of this Act) is further amended by inserting “(g),” after “(f),”. (b) Section 202(q)(3) of such Act is amended by inserting “or surviving divorced husband” after “widower” in subparagraphs (E), (F), and (G). (c) Section 202(q)(5) of such Act is amended— (1) by inserting “or husband’s” after “wife’s” wherever it appears; (2) by striking out “her” in subparagraph (A)(i) and inserting in lieu thereof “him or her”; (3) by striking out “her” the second place it appears in subparagraph (A)(ii) and inserting in lieu thereof “the”; (4) by striking out “she” wherever it appears and inserting in lieu thereof “he or she”; (5) by striking out “her” wherever it appears (except where paragraphs (2) and (3) of this subsection apply) and inserting in lieu thereof “his or her”; (6) by striking out “the woman” in subparagraph (B)(ii) and “a woman” in subparagraph (C) and inserting in lieu thereof “the individual” and “an individual”, respectively; and (7) in subparagraph (D)— (A) by inserting “or widower’s” after “widow’s”; (B) by striking out “husband” wherever it appears and inserting in lieu thereof “spouse”; (C) by striking out “husband’s” wherever it appears and inserting in lieu thereof “spouse’s”; and (D) by inserting “or father’s” after “mother’s”. (d) (1) Section 202(q)(6)(A) of such Act (as amended by section 134(a)(2) of this Act) is further amended by striking out “or husband’s” in clause (i) and by inserting “or husband’s” after “wife’s” in clause (ii). (2) Section 202(q)(7) of such Act is amended— (A) in subparagraph (B), by inserting “or husband’s” after “wife’s”, by striking out “she” and inserting in lieu thereof “such individual”, and by inserting “his or” before “her”, and (B) in subparagraph (D), by inserting “or widower’s” after “widow’s”. (e) (1) Section 202(s)(l) of such Act is amended by inserting “(c)(1),” 42 USC 402. after “(b)(1),”. (2) Section 202(s)(2) of such Act (as amended by section 131(c)(1) of this Act) is further amended by inserting “(c)(4),” after “(b)(3),”. (3) Section 202(s)(3) of such Act (as amended by section 131(c)(2) of this Act) is further amended by striking out “So much” and all that follows down through “the last sentence” and inserting in lieu thereof “The last sentence”. (f) The third sentence of section 203(b)(1) of such Act (as amended 42 USC 403. by section 132(b) of this Act) is further amended by inserting “or father’s” after “mother’s”, (g) Section 203(c) 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 benefits or benefit under section 202 for any month— 42 USC 402. “(1) in which such individual is under the age of seventy and for more than forty-five hours of which such individual engaged in noncovered remunerative activity outside the United States; “(2) in which such individual, if a wife or husband under age sixty-five entitled to a wife’s or husband’s insurance benefit, did not have in his or her care (individually or jointly with his or her spouse) a child of such spouse entitled to a child’s insurance benefit and such wife’s or husband’s insurance benefit for such month was not reduced under the provisions of section 202(q); “(3) in which such individual, if a widow or widower entitled to a mother’s or father’s insurance benefit, did not have in his or her care a child of his or her deceased spouse entitled to a child’s insurance benefit; or “(4) in which such an individual, if a surviving divorced mother or father entitled to a mother’s or father’s insurance benefit, did not have in his or her care a child of his or her deceased former spouse who (A) is his or 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 such deceased former spouse. For purposes of paragraphs (2), (3), and (4) of this subsection, a child Child’s insurance benefit, entitlement. 42 USC 422. shall not be considered to be entitled to a child’s insurance benefit for any month in which paragraph (1) of section 202(s) applies or an event specified in section 222(b) occurs with respect to such child. Subject to paragraph (3) of such section 202(s), 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; 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 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 or surviving divorced husband is entitled and has not attained age 65 (but only if he became so entitled prior to attaining age 60).”. (h) Section 203(d) of such Act is amended by inserting “divorced 42 USC 403. husband,” after “husband,” in paragraph (1)(A) (as amended by section i32(b)(2) of this Act) and by inserting “or father’s” after “mother’s” each place it appears in paragraph (2). (i) (1) Section 205(b) of such Act (as amended by section 301(d)(1) of 42 USC 405. this Act) is further amended by inserting “surviving divorced father,” after “surviving divorced mother,”. (2) Section 205(c)(1)(C) of such Act (as amended by section 301(d)(2) of this Act) is further amended by inserting “surviving divorced father,” after “surviving divorced mother,”. (j) Section 216(f)(3)(A) of such Act is amended by inserting “(c),” 42 USC 416. before “(f)”. (k) Section 216(g)(6)(A) of such Act is amended by inserting “(c),” before “(f)”. (l) Section 222(b)(1) of such Act is amended by striking out “or 42 USC 422. surviving divorced wife” and inserting in lieu thereof “, surviving divorced wife, or surviving divorced husband”. (m) Section 222(b)(2) of such Act is amended by inserting “or father’s” after “mother’s” wherever it appears. (n) Section 222(b)(3) of such Act is amended by inserting “divorced husband,” after “husband,”. (o) Section 223(d)(2) of such Act is amended by striking out “or 42 USC 423. widower” in subparagraphs (A) and (B) and inserting in lieu thereof “widower, or surviving divorced husband”. (p) Section 225(a) of such Act is amended by inserting “or surviving 42 USC 425. divorced husband” after “widower”. (q) (1) Section 226(e)(3) of such Act is amended to read as follows: Hospital insurance benefits. 42 USC 426. “(3) For purposes of determining entitlement to hospital insurance benefits under subsection (b), any disabled widow aged 50 or older who is entitled to mother’s insurance benefits (and who would have been entitled to widow’s insurance benefits by reason of disability if she had filed for such widow’s benefits), and any disabled widower aged 50 or older who is entitled to father’s insurance benefits (and who would have been entitled to widower’s insurance benefits by reason of disability if he had filed for such widower’s benefits), shall, upon application for such hospital insurance benefits be deemed to have filed for such widow’s or widower’s insurance benefits.”. (2) For purposes of determining entitlement to hospital insurance 42 USC 426 note. benefits under section 226(e)(3) of such Act, as amended by paragraph (1), an individual becoming entitled to such hospital insurance benefits as a result of the amendment made by such paragraph shall, upon furnishing proof of his or her disability within twelve months after the month in which this Act is enacted, under such procedures as the Secretary of Health and Human Services may prescribe, be deemed to have been entitled to the widow’s or widower’s benefits referred to in such section 226(e)(3), as so amended, as of the time such individual would have been entitled to such widow’s or widower’s benefits if he or she had filed a timely application therefor.
1983
Pub. L. 98–21 § 339(b) · 97 Stat. 65
Struck · 42 U.S.C. § 423(f)
Pub. L. 98–21, § 339(b), before amendment by Pub. L. 98–369, § 2662(i), struck out subsec. (f) relating to suspension of benefits for inmates of penal institutions. See note below for subsec. (h)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–21, § 339(b), before amendment by Pub. L. 98–369, § 2662(i), struck out subsec. (f) relating to suspension of benefits for inmates of penal institutions. See note below for subsec. (h).
Enacted provision · exact public law section
(b) Section 228 of such Act is amended by striking out subsection (f). 42 USC 423.
1983
Pub. L. 98–21 § 339(b) · 97 Stat. 65
1. Amended · 42 U.S.C. § 423(h)
  Pub. L. 98–21, § 339(b), as amended by Pub. L. 98–369, § 2662(i)
2. Added · 42 U.S.C. § 423(h)
  Pub. L. 98–21, § 339(b), as added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 98–21, § 339(b), as amended by Pub. L. 98–369, § 2662(i), added subsec. (h).
Enacted provision · exact public law section
(b) Section 228 of such Act is amended by striking out subsection (f). 42 USC 423.
1983
Pub. L. 98–118 § 2 · 97 Stat. 7803
Substituted · 42 U.S.C. § 423(g)(3)(B)
Pub. L. 98–118 substituted “December 7, 1983” for “October 1, 1983”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 98–118 substituted “December 7, 1983” for “October 1, 1983”.
Enacted provision · exact public law section
Sec. 2. extension of provision allowing payment of disability benefits during appeal Section 223(g)(3)(B) of the Social Security Act is amended 42 USC 423. by striking out “October 1, 1983” and inserting in lieu thereof “December 7, 1983”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2662(c)(2) · 98 Stat. 494
Changed · 42 U.S.C. § 423(a)(1)(B)
Pub. L. 98–369, § 2662(c)(2), made a clarifying amendment to Pub. L. 98–21, § 201(c)(3). See 1983 Amendment note below
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 98–369, § 2662(c)(2), made a clarifying amendment to Pub. L. 98–21, § 201(c)(3). See 1983 Amendment note below.
Enacted provision · exact public law section
(2) by inserting “the” immediately before “age of sixty-five” 42 USC 423. in paragraph (3).
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2661(m) · 98 Stat. 494
Changed · 42 U.S.C. § 423(c)(1)(B)
Pub. L. 98–369, § 2661(m), realigned margins of subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 98–369, § 2661(m), realigned margins of subpar. (B).
Enacted provision · exact public law section
(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.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(16) · 98 Stat. 494
Substituted · 42 U.S.C. § 423(d)(2)(A)
Pub. L. 98–369, § 2663(a)(16), substituted “An individual” for “an individual”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 98–369, § 2663(a)(16), substituted “An individual” for “an individual”.
Enacted provision · exact public law section
(16) Section 223(d)(2)(A) of such Act is amended by striking out “an 42 USC 423. individual” and inserting in lieu thereof “An individual”.
1984
Spending Reduction Act of 1984
Pub. L. 98–369 § 2662(i) · 98 Stat. 494
Amended · 42 U.S.C. § 423(h)
Pub. L. 98–369, § 2662(i), amended Pub. L. 98–21, § 339(b), resulting in addition of subsec. (h) of this section. See 1983 Amendment note below
Source evidence
Code amendment note
Subsec. (h). Pub. L. 98–369, § 2662(i), amended Pub. L. 98–21, § 339(b), resulting in addition of subsec. (h) of this section. See 1983 Amendment note below.
Enacted provision · exact public law section
(i) Section 339(b) of such Amendments is amended to read as follows: “(b) Section 223 of such Act is amended by adding at the end thereof the following new subsection: “ ‘(h) For provisions relating to limitation on payments to prisoners, see section 202(x).’.”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 4(a)(1) · 98 Stat. 1794
Added · 42 U.S.C. § 423(d)(2)(C)
Pub. L. 98–460, § 4(a)(1), added subpar. (C)
Source evidence
Code amendment note
Subsec. (d)(2)(C). Pub. L. 98–460, § 4(a)(1), added subpar. (C).
Enacted provision · exact public law section
(1) Section 223(d)(2) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: “(C) In determining whether an individual’s physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under this section, the Secretary shall consider the combined effect of all of the individual’s impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Secretary does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 9(b)(1) · 98 Stat. 1794
1. Amended · 42 U.S.C. § 423(d)(5)
  Pub. L. 98–460, § 9(b)(1), designated existing provisions as subpar. (A)
2. Added · 42 U.S.C. § 423(d)(5)
  Pub. L. 98–460, § 9(b)(1), added subpar. (B)
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 98–460, § 9(b)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Enacted provision · exact public law section
(1) Section 223(d)(5) of the Social Security Act is amended by 42 USC 423. inserting “(A)” after “(5)” and by adding at the end thereof the following new subparagraph: “(B) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Secretary shall consider all evidence available in such individual’s case record, and shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability. In making any determination the Secretary shall make every reason-able effort to obtain from the individual’s treating physician (or other treating health care provider) alt medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 3(a)(1) · 98 Stat. 1794
Inserted · 42 U.S.C. § 423(d)(5)
Pub. L. 98–460, § 3(a)(1), inserted provisions requiring, in making determinations as to whether an individual is under a disability, that subjective statements as to pain or other symptoms alleged to be disabling be supplemented by, and considered together with, objective medical evidence of those symptoms showing the existence of a medical impairment resulting from anatomical, physiological, or psychological abnormalities
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–460, § 3(a)(1), inserted provisions requiring, in making determinations as to whether an individual is under a disability, that subjective statements as to pain or other symptoms alleged to be disabling be supplemented by, and considered together with, objective medical evidence of those symptoms showing the existence of a medical impairment resulting from anatomical, physiological, or psychological abnormalities.
Enacted provision · exact public law section
(1) Section 223(d)(5) of the Social Security Act is amended 42 USC 423. by inserting after the first sentence the following new sentences: “An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability as defined in this section; there must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from anatomical, physiological, or psychological abnormalities which could reason-ably be expected to produce the pain or other symptoms alleged and which, when considered with all evidence required to be furnished under this paragraph (including statements of the individual or his physician as to the intensity and persistence of such pain or other symptoms which may reasonably be accepted as consistent with the medical signs and findings), would lead to a conclusion that the individual is under a disability. Objective medical evidence of pain or other symptoms established by medically acceptable clinical or laboratory techniques (for example, deteriorating nerve or muscle tissue) must be considered in reaching a conclusion as to whether the individual is under a disability.”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 2(a) · 98 Stat. 1794
1. Amended · 42 U.S.C. § 423(f)
  Pub. L. 98–460, § 2(a), amended subsec. (f) generally
2. Substituted · 42 U.S.C. § 423(f)
  Pub. L. 98–460, § 2(a), substituting provisions relating to the standard of review for termination of disability benefits for provisions relating to suspension of benefits for inmates of penal institutions
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–460, § 2(a), amended subsec. (f) generally, substituting provisions relating to the standard of review for termination of disability benefits for provisions relating to suspension of benefits for inmates of penal institutions.
Enacted provision · exact public law section
(a) Section 223(f) of the Social Security Act is amended to read as follows: “(f) A recipient of benefits under this title or title XVIII based on the disability of any individual may be determined not to be entitled to such benefits 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 only if such finding is supported by— “(1) substantial evidence which demonstrates that— “(A) there has been any medical improvement in the individual’s impairment or combination of impairments (other than medical improvement which is not related to the individual’s ability to work), and “(B) (i) the individual is now able to engage in substantial gainful activity, or “(ii) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced 42 USC 402. husband under section 202(0, the severity of his or her impairment or impairments is no longer deemed, under regulations prescribed by the Secretary, sufficient to preclude the individual from engaging in gainful activity; or “(2) substantial evidence which— “(A) consists of new medical evidence and (in a case to which clause (ii)(II) does not apply) a new assessment of the individual’s residual functional capacity, and demonstrates that— “(i) although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual’s ability to work), and “(ii) (I) the individual is now able to engage in substantial gainful activity, or “(II) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced husband under section 202(0, the severity of his or her impairment or impairments is no longer deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity, or “(B) demonstrates that— “(i) although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual’s ability to work), and “(ii) the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or “(3) substantial evidence which demonstrates that, as deter-mined on the basis of new or improved diagnostic techniques or evaluations, the individual’s impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore— “(A) the individual is able to engage in substantial gainful activity, or “(B) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced husband under section 202(0, the severity of his or her impairment or impairments is not deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity; or “(4) substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error. Nothing in this subsection shall be construed to require a determination that a recipient of benefits under this title or title XVIII 42 USC 1395. based on an individual’s disability is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity (or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband), cannot be located, or fails, without good cause, to cooperate in a review of the entitlement to such benefits or to follow prescribed treatment which would be expected to restore his or her ability to engage in substantial gainful activity (or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband). Any determination under this section shall be made on the basis of all the evidence available in the individual’s case file, including new evidence concerning the individual’s prior or current condition which is presented by the individual or secured by the Secretary. Any determination made under this section shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual’s condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled. For purposes of this subsection, a benefit under this title is based on an individual’s disability if it is a disability insurance benefit, a child’s, widow’s, or widower’s insurance benefit based on disability, or a mother’s or father’s insurance benefit based on the disability of the mother’s or father’s child who has attained age 16.”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 7(a)(1) · 98 Stat. 1794
1. Substituted · 42 U.S.C. § 423(g)(1)
  Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) substituted reference to benefits under this subchapter for reference to benefits under this chapter
2. Inserted · 42 U.S.C. § 423(g)(1)
  Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) inserted references to the payment of mother’s or father’s insurance benefits to such individual’s mother or father based on the disability of such individual as a child who has attained age 16
3. Substituted · 42 U.S.C. § 423(g)(1)
  Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) substituted reference to benefits under subchapter XVIII of this chapter based on such individual’s disability for reference to benefits under subchapter XVIII of this chapter
4. Substituted · 42 U.S.C. § 423(g)(1)
  Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) substituted “June 1988” for “June 1984” in cl. (iii)
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) substituted reference to benefits under this subchapter for reference to benefits under this chapter, inserted references to the payment of mother’s or father’s insurance benefits to such individual’s mother or father based on the disability of such individual as a child who has attained age 16, substituted reference to benefits under subchapter XVIII of this chapter based on such individual’s disability for reference to benefits under subchapter XVIII of this chapter, and substituted “June 1988” for “June 1984” in cl. (iii).
Enacted provision · exact public law section
(1) Section 223(g)(1) of the Social Security Act is 42 USC 423. amended— (A) in the matter following subparagraph (C), by striking out “and the payment of any other benefits under this Act based on such individual’s wages and self-employ ment income (including benefits under title XVIII),” and inserting in lieu thereof “, the 42 USC 1395. payment of any other benefits under this title based on such individual’s wages and self-employment income, the payment of mother’s or father’s insurance benefits to such individual’s mother or father based on the disability of such individual as a child who has attained age 16, and the payment of benefits under title XVIII based on such individual’s disability,”; and (B) in clause (iii) by striking out “June 1984” and inserting in lieu thereof “June 1988”.
1984
Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 7(a)(2) · 98 Stat. 1794
Substituted · 42 U.S.C. § 423(g)(3)(B)
Pub. L. 98–460, § 7(a)(2), substituted “January 1, 1988” for “December 7, 1983”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 98–460, § 7(a)(2), substituted “January 1, 1988” for “December 7, 1983”.
Enacted provision · exact public law section
(2) Section 223(g)(3)(B) of such Act is amended by striking out 97 Stat. 803. 42 USC 423. “December 7, 1983” and inserting in lieu thereof “January 1, 1988”.
1986
Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 title XII § 12107(b) · 100 Stat. 82
Inserted · 42 U.S.C. § 423(e)
Pub. L. 99–272 inserted “(d)(6)(A)(ii), (d)(6)(B),” after “(d)(1)(B)(ii)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–272 inserted “(d)(6)(A)(ii), (d)(6)(B),” after “(d)(1)(B)(ii)”.
Enacted provision · exact public law section
(b) Conforming Amendment.— Section 223(e) of such Act is amended by inserting “(d)(6)(A)(ii), (d)(6)(B),” after “(d)(1)(B)(ii),”.
1986
Tax Reform Act of 1986
Pub. L. 99–514 title XVIII § 1883(a)(10) · 100 Stat. 2085
Struck · 42 U.S.C. § 423(g)(1)
Pub. L. 99–514 struck out second comma after “payment of such benefits” in provisions following subpar. (C)
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 99–514 struck out second comma after “payment of such benefits” in provisions following subpar. (C).
Enacted provision · exact public law section
(10) Section 223(g)(1) of such Act is amended by striking out the second comma after the term “benefits” where such term first appears in the matter following subparagraph (C).
1987
Pub. L. 100–203 § 9010(a) · 101 Stat. 1330
Substituted · 42 U.S.C. § 423(a)(1)
Pub. L. 100–203, § 9010(a), substituted “36 months” for “15 months”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 100–203, § 9010(a), substituted “36 months” for “15 months”.
Enacted provision · exact public law section
(a) Disability Insurance Benefits.— Paragraph (1) of section 223(a) of the Social Security Act is amended by striking “15 months” and inserting “36 months”.
1987
Pub. L. 100–203 § 9010(e)(2) · 101 Stat. 1330
Substituted · 42 U.S.C. § 423(e)
Pub. L. 100–203, § 9010(e)(2), substituted “36-month period” for “15-month period”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–203, § 9010(e)(2), substituted “36-month period” for “15-month period”.
Enacted provision · exact public law section
(2) Termination of benefits during re-entitlement period.— Subsection (e) of section 223 of such Act is amended by striking “15-month” and inserting “36-month”.
1987
Pub. L. 100–203 § 9009(1) · 101 Stat. 1330
Substituted · 42 U.S.C. § 423(g)(1)
Pub. L. 100–203, § 9009(1), substituted “June 1989” for “June 1988” in cl. (iii) at end
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 100–203, § 9009(1), substituted “June 1989” for “June 1988” in cl. (iii) at end.
Enacted provision · exact public law section
(1) in paragraph (l)(iii), by striking “June 1988” and inserting “June 1989”; and
1987
Pub. L. 100–203 § 9009(2) · 101 Stat. 1330
Substituted · 42 U.S.C. § 423(g)(3)(B)
Pub. L. 100–203, § 9009(2), substituted “January 1, 1989” for “January 1, 1988”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 100–203, § 9009(2), substituted “January 1, 1989” for “January 1, 1988”.
Enacted provision · exact public law section
(2) in paragraph (3)(B), by striking “January 1, 1988” and inserting “January 1, 1989”.
1988
Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 8006(1) · 102 Stat. 3342
Substituted · 42 U.S.C. § 423(g)(1)(iii)
Pub. L. 100–647, § 8006(1), substituted “June 1990” for “June 1989”
Source evidence
Code amendment note
Subsec. (g)(1)(iii). Pub. L. 100–647, § 8006(1), substituted “June 1990” for “June 1989”.
Enacted provision · exact public law section
(1) in paragraph (1)(iii), by striking “June 1989” and inserting “June 1990”; and
1988
Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 8006(2) · 102 Stat. 3342
Substituted · 42 U.S.C. § 423(g)(3)(B)
Pub. L. 100–647, § 8006(2), substituted “January 1, 1990” for “January 1, 1989”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 100–647, § 8006(2), substituted “January 1, 1990” for “January 1, 1989”.
Enacted provision · exact public law section
(2) in paragraph (3)(B), by striking “January 1, 1989” and inserting “January 1, 1990”.
1988
Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 8001(a) · 102 Stat. 3342
1. Added · 42 U.S.C. § 423(h); 42 U.S.C. § 423(i)
  Pub. L. 100–647, § 8001(a), added subsec. (h)
2. Redesignated · 42 U.S.C. § 423(h); 42 U.S.C. § 423(i)
  Pub. L. 100–647, § 8001(a), redesignated former subsec. (h) as (i)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 100–647, § 8001(a), added subsec. (h) and redesignated former subsec. (h) as (i).
Enacted provision · exact public law section
(a) Disability Benefits Under Title II.— Section 223 of the Social Security Act (42 U.S.C. 423) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: “(h) “Interim Benefits in Cases of Delayed Final Decisions (1) In any case in which an administrative law judge has determined after a hearing as provided under section 205(b) that an individual is entitled to disability insurance benefits or child’s, widow’s, or widower’s insurance benefits based on disability and the Secretary has not issued his final decision in such case within 110 days after the date of the administrative law judge’s determination, such benefits shall be currently paid for the months during the period beginning with the month preceding the month in which such 110-day period expires and ending with the month preceding the month in which such final decision is issued. “(2) For purposes of paragraph (1), in determining whether the 110-day period referred to in paragraph (1) has elapsed, any period of time for which the action or inaction of such individual or such individual’s representative without good cause results in the delay in the issuance of the Secretary’s final decision shall not be taken into account to the extent that such period of time exceeds 20 calendar days. “(3) Any benefits currently paid under this title pursuant to this subsection (for the months described in paragraph (1)) shall not be considered overpayments for any purpose of this title (unless payment of such benefits was fraudulently obtained), and such benefits shall not be treated as past-due benefits for purposes of section 206(b)(1).”.
1989
Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10305(c) · 103 Stat. 2106
Inserted · 42 U.S.C. § 423(f)
Pub. L. 101–239, § 10305(c), inserted after first sentence of concluding provisions “In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–239, § 10305(c), inserted after first sentence of concluding provisions “In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”
Enacted provision · exact public law section
(c) Standard of Review in Termination of Disability Benefits.— Section 223(f) of such Act (42 U.S.C. 423(f)) is amended by inserting after the first sentence in the matter following paragraph (4) the following new sentence: “In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”.
1989
Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10101(1) · 103 Stat. 2106
Substituted · 42 U.S.C. § 423(g)(1)(iii)
Pub. L. 101–239, § 10101(1), substituted “1991” for “1990”
Source evidence
Code amendment note
Subsec. (g)(1)(iii). Pub. L. 101–239, § 10101(1), substituted “1991” for “1990”.
Enacted provision · exact public law section
(1) in paragraph (1)(iii), by striking “June 1990” and inserting “June 1991”; and
1989
Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10305(d) · 103 Stat. 2106
Inserted · 42 U.S.C. § 423(g)(2)(B)
Pub. L. 101–239, § 10305(d), inserted at end “In making for purposes of this subparagraph any determination of whether any individual’s appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”
Source evidence
Code amendment note
Subsec. (g)(2)(B). Pub. L. 101–239, § 10305(d), inserted at end “In making for purposes of this subparagraph any determination of whether any individual’s appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”
Enacted provision · exact public law section
(d) Continuation of Benefits Pending Appeal.— Section 223(g)(2)(B) of such Act (42 U.S.C. 423(g)(2)(B)) is amended by adding at the end the following new sentence: “In making for purposes of this subparagraph any determination of whether any individual’s appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”.
1989
Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10101(2) · 103 Stat. 2106
Substituted · 42 U.S.C. § 423(g)(3)(B)
Pub. L. 101–239, § 10101(2), substituted “1991” for “1990”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 101–239, § 10101(2), substituted “1991” for “1990”.
Enacted provision · exact public law section
(2) in paragraph (3)(B), by striking “January 1, 1990” and inserting “January 1, 1991”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(a)(1) · 104 Stat. 1388
Struck · 42 U.S.C. § 423(d)(2)(A)
Pub. L. 101–508, § 5103(a)(1), struck out “(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 402(e) or (f) of this title)” after “An individual”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 101–508, § 5103(a)(1), struck out “(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 402(e) or (f) of this title)” after “An individual”.
Enacted provision · exact public law section
(1) in subparagraph (A), by striking “(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 202(e) or (f))”;
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(a)(2) · 104 Stat. 1388
1. Redesignated · 42 U.S.C. § 423(d)(2)(B); 42 U.S.C. § 423(d)(2)(C)
  Pub. L. 101–508, § 5103(a)(2), (3), redesignated subpar. (C) as (B)
2. Struck · 42 U.S.C. § 423(d)(2)(B); 42 U.S.C. § 423(d)(2)(C)
  Pub. L. 101–508, § 5103(a)(2), (3), struck out former subpar. (B) which read as follows: “A widow, surviving divorced wife, widower, or surviving divorced husband shall not be determined to be under a disability (for purposes of section 402(e) or (f) of this title) 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.”
Source evidence
Code amendment note
Subsec. (d)(2)(B), (C). Pub. L. 101–508, § 5103(a)(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “A widow, surviving divorced wife, widower, or surviving divorced husband shall not be determined to be under a disability (for purposes of section 402(e) or (f) of this title) 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.”
Enacted provision · exact public law section
(2) by striking subparagraph (B); and
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5118(a) · 104 Stat. 1388
1. Amended · 42 U.S.C. § 423(e)
  Pub. L. 101–508, § 5118(a), designated existing provision as par. (1)
2. Added · 42 U.S.C. § 423(e)
  Pub. L. 101–508, § 5118(a), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–508, § 5118(a), designated existing provision as par. (1) and added par. (2).
Enacted provision · exact public law section
(a) In General.— Section 223(e) (42 U.S.C. 623(e)) is amended by— (1) by inserting “(1)” after “(e)”; and (2) by adding at the end the following new paragraph: “(2) No benefit shall be payable under section 202 on the basis of the wages and self-employment income of an individual entitled to a benefit under subsection (a)(l) of this section for any month for which the benefit of such individual under subsection (a)(1) is not payable under paragraph (1).”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(b)(5) · 104 Stat. 1388
Struck · 42 U.S.C. § 423(f)
Pub. L. 101–508, § 5103(b)(5), struck out “(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband),” after “gainful activity” in two places in first sentence following par. (4)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–508, § 5103(b)(5), struck out “(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband),” after “gainful activity” in two places in first sentence following par. (4).
Enacted provision · exact public law section
(5) Section 223(f) is further amended, in the matter following paragraph (4), by striking “(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband)” each place it appears.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(b)(2) · 104 Stat. 1388
Amended · 42 U.S.C. § 423(f)(1)(B)
Pub. L. 101–508, § 5103(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
Source evidence
Code amendment note
Subsec. (f)(1)(B). Pub. L. 101–508, § 5103(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
“(B)(i) the individual is now able to engage in substantial gainful activity, or “(ii) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is no longer deemed, under regulations prescribed by the Secretary, sufficient to preclude the individual from engaging in gainful activity; or”.
Enacted provision · exact public law section
(2) Section 223(f)(1)(B) (42 U.S.C. 423(f)(1)(B)) is amended to read as follows: “(B) the individual is now able to engage in substantial gainful activity; or”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(b)(3) · 104 Stat. 1388
Amended · 42 U.S.C. § 423(f)(2)(A)(ii)
Pub. L. 101–508, § 5103(b)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
Source evidence
Code amendment note
Subsec. (f)(2)(A)(ii). Pub. L. 101–508, § 5103(b)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
“(ii)(I) the individual is now able to engage in substantial gainful activity, or “(II) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is no longer deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity, or”.
Enacted provision · exact public law section
(3) Section 223(f)(2)(A)(ii) (42 U.S.C. 423(f)(2)(A)(ii)) is amended to read as follows: “(ii) the individual is now able to engage in substantial gainful activity, or”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5103(b)(4) · 104 Stat. 1388
Substituted · 42 U.S.C. § 423(f)(3)
Pub. L. 101–508, § 5103(b)(4), substituted “therefore the individual is able to engage in substantial gainful activity; or” for “therefore—” and subpars. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 101–508, § 5103(b)(4), substituted “therefore the individual is able to engage in substantial gainful activity; or” for “therefore—” and subpars. (A) and (B) which read as follows:
“(A) the individual is able to engage in substantial gainful activity, or “(B) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is not deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity; or”.
Enacted provision · exact public law section
(4) Section 223(f)(3) (42 U.S.C. 423(f)(3)) is amended by striking “therefore—” and all that follows and inserting “therefore the individual is able to engage in substantial gainful activity; or”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5102(1) · 104 Stat. 1388
1. Inserted · 42 U.S.C. § 423(g)(1)
  Pub. L. 101–508, § 5102(1), inserted “or” before “(ii)”
2. Substituted · 42 U.S.C. § 423(g)(1)
  Pub. L. 101–508, § 5102(1), substituted “pending” for “pending, or (iii) June 1991” before period at end
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 101–508, § 5102(1), inserted “or” before “(ii)” and substituted “pending” for “pending, or (iii) June 1991” before period at end.
Enacted provision · exact public law section
(1) in paragraph (1), in the matter following subparagraph (C), by inserting “or” after “hearing,”, and by striking “pending, or (iii) June 1991.” and inserting “pending.”; and
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5102(2) · 104 Stat. 1388
Struck · 42 U.S.C. § 423(g)(3)
Pub. L. 101–508, § 5102(2), struck out par. (3) which read as follows: “The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made—
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 101–508, § 5102(2), struck out par. (3) which read as follows: “The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made—
“(A) on or after January 12, 1983, or prior to such date but only on the basis of a timely request for a hearing under section 421(d) of this title, or for an administrative review prior to such hearing, and “(B) prior to January 1, 1991.”
Enacted provision · exact public law section
(2) by striking paragraph (3).
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 423(b); 42 U.S.C. § 423(d)(2)(B)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing
Source evidence
Code amendment note
Subsecs. (b), (d)(2)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
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 § 201(a)(4)(A) · 108 Stat. 1464
1. Amended · 42 U.S.C. § 423(d)(4)
  Pub. L. 103–296, § 201(a)(4)(A), designated existing provisions as subpar. (A)
2. Added · 42 U.S.C. § 423(d)(4)
  Pub. L. 103–296, § 201(a)(4)(A), added subpar. (B)
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 103–296, § 201(a)(4)(A), designated existing provisions as subpar. (A) and added subpar. (B).
Enacted provision · exact public law section
(a) Amendments Relating to Benefits Based on Disability Under Title II of the Social Security Act.— (1) Required payment of benefits to representative payees.— (A) In general.— Section 205(j)(1) of the Social Security Act (42 U.S.C. 405(j)(D) is amended— (i) by inserting “(A)” after “(j)(1)”; (ii) in the last sentence, by inserting “, if the interest of the individual under this title would be served thereby,” after “alternative representative payee or”; and (iii) by adding at the end the following new subparagraph: “(B) In the case of an individual entitled to benefits based on disability, if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability, certification of payment of such benefits to a representative payee shall be deemed to serve the interest of such individual under this title. In any case in which such certification is so deemed under this subparagraph to serve the interest of an individual, the Secretary shall include, in such individual’s notification of entitlement, a notice that alcoholism or drug addiction is a contributing factor material to the Secretary’s determination of such individual’s disability and that the Secretary is therefore required to make a certification of payment of such individual’s benefits to a representative payee.”. (B) Conforming amendment.—Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C. 402(j)(2)(D)(ii)(II)) 42 USC 405. is amended by striking “or under the age of 15” and inserting “, under the age of 15 years, or (if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability) is eligible for benefits under this title by reason of disability.”. (C) 90-day delay in deferral or suspension of benefits for current beneficiaries.— In the case of an individual who, as of 180 days after the date of the enactment of this Act, has been determined to be under a disability, if alcoholism or drug addiction is a contributing factor material to the determination of the Secretary of Health and Human Services that the individual is under a disability, the Secretary may, notwithstanding clauses (i) and (ii) of section 205(j)(2)(D) of the Social Security Act, make direct payment of benefits to such individual during the 90-day period commencing with the date on which such individual is provided the notice described in subparagraph (D)(ii) of this paragraph, until such time during such period as the selection of a representative payee is made pursuant to section 205(j) of such Act. (D) Effective date.— (i) General rule.— Except as provided in clause (ii), the amendments made by this paragraph shall apply with respect to benefits paid in months beginning after 180 days after the date of the enactment of this Act. (ii) Treatment of current beneficiaries.— In any case in which— (I) an individual is entitled to benefits based on disability (as defined in section 205(j)(7) of the Social Security Act, as amended by this section), (II) the determination of disability was made by the Secretary of Health and Human Services during or before the 180-day period following the date of the enactment of this Act, and (III) alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability, the amendments made by this paragraph shall apply with respect to benefits paid in months after the month in which such individual is notified by the Secretary in writing that alcoholism or drug addiction is a contributing factor material to the Secretary’s determination and that the Secretary is therefore required to make a certification of payment of such individual’s benefits to a representative payee. (E) Study regarding feasibility, cost, and equity of requiring representative payees for all disability beneficiaries suffering from alcoholism or drug addiction.— (i) Study.— As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study of the rep-resentative payee program. In such study, the Secretary shall examine— (I) the feasibility, cost, and equity of requiring representative payees for all individuals entitled to benefits based on disability under title II or XVI of the Social Security Act who suffer from alcoholism or drug addiction, irrespective of whether the alcoholism or drug addiction was material in any case to the Secretary’s determination of disability, (II) the feasibility, cost, and equity of providing benefits through non-cash means, including (but not limited to) vouchers, debit cards, and electronic benefits transfer systems, (III) the extent to which child beneficiaries are afflicted by drug addition or alcoholism and ways of addressing such affliction, including the feasibility of requiring treatment, and (IV) the extent to which children’s representative payees are afflicted by drug addiction or alcoholism, and methods to identify children’s representative payees afflicted by drug addition or alcoholism and to ensure that benefits continue to be provided to beneficiaries appropriately. (ii) Report.— Not later than December 31, 1995, the Secretary shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report setting forth the findings of the Secretary based on such study. Such report shall include such recommendations for administrative or legislative changes as the Secretary considers appropriate. (2) Increased reliance on professional representative payees.— (A) Preference required for organizational representative payees.— Section 205(j)(2)(C) of such Act (42 U.S.C. 405(j)(2)(C)) is amended by adding at the end the following new clause: “(v) In the case of an individual entitled to benefits based on disability, if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability, when selecting such individual’s representative payee, preference shall be given to— “(I) a community-based nonprofit social service agency licensed or bonded by the State, “(II) a Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities, “(III) a State or local government agency with fiduciary responsibilities, or “(IV) a designee of an agency (other than of a Federal agency) referred to in the preceding subclauses of this clause, if the Secretary deems it appropriate, unless the Secretary determines that selection of a family member would be appropriate.”. (B) Availability of public agencies and other qualified organizations to serve as representative payees.— (i) Allowable fees.— Section 205(j)(4)(A) of such Act (42 U.S.C. 405(j)(4)) is amended— (I) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (II) by inserting “(i)” after “(4)(A)”; (III) by striking subclause (II) (as redesignated by subclause (I) of this clause) and inserting the following: “(II) $25.00 per month ($50.00 per month in any case in which the individual is entitled to benefits based on disability and alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability).”; (IV) by inserting, after and below subclause (II) (as amended), the following new sentence: “The Secretary shall adjust annually (after 1995) each dollar amount set forth in subclause (II) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00.”; and
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Amended · 42 U.S.C. § 423(d)(4)
  Pub. L. 103–296, § 107(a)(4), in par. (4) as amended by Pub. L. 103–296, § 201(a)(4)(A)
2. Substituted · 42 U.S.C. § 423(d)(4)
  Pub. L. 103–296, § 107(a)(4), in par. (4) as substituted “Commissioner of Social Security” for “Secretary” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), in par. (4) as amended by Pub. L. 103–296, § 201(a)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
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. § 423(d)(5)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
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. § 423(f)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places in closing provisions
Source evidence
Code amendment note
Subsec. (f). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places in closing provisions.
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(f)(1)(A) · 108 Stat. 1464
Struck · 42 U.S.C. § 423(f)(2)(A)
Pub. L. 103–296, § 321(f)(1)(A), struck out “(in a case to which clause (ii)(II) does not apply)” after “new medical evidence and” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 103–296, § 321(f)(1)(A), struck out “(in a case to which clause (ii)(II) does not apply)” after “new medical evidence and” in introductory provisions.
Enacted provision · exact public law section
(A) in subparagraph (A), by striking “(in a case to which clause (ii)(II) does not apply)”; and
1994
Pub. L. 103–296 § 321(f)(1)(B) · 108 Stat. 1464
1. Added · 42 U.S.C. § 423(f)(2)(B)(ii)
  Pub. L. 103–296, § 321(f)(1)(B), added cl. (ii)
2. Struck · 42 U.S.C. § 423(f)(2)(B)(ii)
  Pub. L. 103–296, § 321(f)(1)(B), struck out former cl. (ii) which read as follows: “the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or”
Source evidence
Code amendment note
Subsec. (f)(2)(B)(ii). Pub. L. 103–296, § 321(f)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: “the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or”.
Enacted provision · exact public law section
(B) by striking subparagraph (B)(ii) and inserting the following: “(ii) the individual is now able to engage in substantial gainful activity; or”.
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Substituted · 42 U.S.C. § 423(g); 42 U.S.C. § 423(h)
  Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in subsec. (h)(2)
2. Substituted · 42 U.S.C. § 423(g); 42 U.S.C. § 423(h)
  Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner’s” for “his” in subsec. (h)(2)
3. Substituted · 42 U.S.C. § 423(g); 42 U.S.C. § 423(h)
  Pub. L. 103–296, § 107(a)(4), substituted “Commissioner’s” for “Secretary’s” in subsec. (h)(2)
Source evidence
Code amendment note
Subsecs. (g), (h). 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), and “Commissioner’s” for “Secretary’s” in subsec. (h)(2).
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(a)(19) · 108 Stat. 1464
Inserted · 42 U.S.C. § 423(i)
Pub. L. 103–296, § 321(a)(19), inserted heading
Source evidence
Code amendment note
Subsec. (i). Pub. L. 103–296, § 321(a)(19), inserted heading.
Enacted provision · exact public law section
(19) Section 223(i) of such Act (42 U.S.C. 423(i)) is amended by adding at the beginning the following heading: “Limitation on Payments to Prisoners”.
1996
Senior Citizens’ Right to Work Act of 1996
Pub. L. 104–121 § 105(a)(1) · 110 Stat. 847
Added · 42 U.S.C. § 423(d)(2)(C)
Pub. L. 104–121, § 105(a)(1), added subpar. (C)
Source evidence
Code amendment note
Subsec. (d)(2)(C). Pub. L. 104–121, § 105(a)(1), added subpar. (C).
Enacted provision · exact public law section
(1) In general.— Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the following: “(C) An individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.”.
1996
Senior Citizens’ Right to Work Act of 1996
Pub. L. 104–121 § 102(b)(2) · 110 Stat. 847
Substituted · 42 U.S.C. § 423(d)(4)(A)
Pub. L. 104–121, § 102(b)(2), substituted “an amount equal to the exempt amount which would be applicable under section 403(f)(8) of this title, to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted” for “the exempt amount under section 403(f)(8) of this title which is applicable to individuals described in subparagraph (D) thereof”
Source evidence
Code amendment note
Subsec. (d)(4)(A). Pub. L. 104–121, § 102(b)(2), substituted “an amount equal to the exempt amount which would be applicable under section 403(f)(8) of this title, to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted” for “the exempt amount under section 403(f)(8) of this title which is applicable to individuals described in subparagraph (D) thereof”.
Enacted provision · exact public law section
(2) The second sentence of section 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by striking “the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof” and inserting the following: “an amount equal to the exempt amount which would be applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted”.
1999
Pub. L. 106–170 title I § 112(a) · 113 Stat. 1860
1. Added · 42 U.S.C. § 423(i); 42 U.S.C. § 423(j)
  Pub. L. 106–170 added subsec. (i)
2. Redesignated · 42 U.S.C. § 423(i); 42 U.S.C. § 423(j)
  Pub. L. 106–170 redesignated former subsec. (i) as (j)
Source evidence
Code amendment note
Subsecs. (i), (j). Pub. L. 106–170 added subsec. (i) and redesignated former subsec. (i) as (j).
Enacted provision · exact public law section
(a) OASDI Benefits.— Section 223 of the Social Security Act (42 U.S.C. 423) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: “(i) “Reinstatement of Entitlement (1) (A) Entitlement to benefits described in subparagraph (B)(i)(I) shall be reinstated in any case where the Commissioner determines that an individual described in subparagraph (B) has filed a request for reinstatement meeting the requirements of paragraph (2)(A) during the period prescribed in subparagraph (C). Reinstatement of such entitlement shall be in accordance with the terms of this subsection. “(B) An individual is described in this subparagraph if— “(i) prior to the month in which the individual files a request for reinstatement— “(I) the individual was entitled to benefits under this section or section 202 on the basis of disability pursuant to an application filed therefor; and “(II) such entitlement terminated due to the performance of substantial gainful activity; “(ii) the individual is under a disability and the physical or mental impairment that is the basis for the finding of disability is the same as (or related to) the physical or mental impairment that was the basis for the finding of disability that gave rise to the entitlement described in clause (i); and “(iii) the individual’s disability renders the individual unable to perform substantial gainful activity. “(C) (i) Except as provided in clause (ii), the period prescribed in this subparagraph with respect to an individual is 60 consecutive months beginning with the month following the most recent month for which the individual was entitled to a benefit described in subparagraph (B)(i)(I) prior to the entitlement termination described in subparagraph (B)(i)(II). “(ii) In the case of an individual who fails to file a reinstatement request within the period prescribed in clause (i), the Commissioner may extend the period if the Commissioner determines that the individual had good cause for the failure to so file. “(2) (A) (i) A request for reinstatement shall be filed in such form, and containing such information, as the Commissioner may prescribe. “(ii) A request for reinstatement shall include express declarations by the individual that the individual meets the requirements specified in clauses (ii) and (iii) of paragraph (1)(B). “(B) A request for reinstatement filed in accordance with subparagraph (A) may constitute an application for benefits in the case of any individual who the Commissioner determines is not entitled to reinstated benefits under this subsection. “(3) In determining whether an individual meets the requirements of paragraph (l)(B)(ii), the provisions of subsection (f) shall apply. “(4) (A) (i) Subject to clause (ii), entitlement to benefits reinstated under this subsection shall commence with the benefit payable for the month in which a request for reinstatement is filed. “(ii) An individual whose entitlement to a benefit for any month would have been reinstated under this subsection had the individual filed a request for reinstatement before the end of such month shall be entitled to such benefit for such month if such request for reinstatement is filed before the end of the twelfth month immediately succeeding such month. “(B) (i) Subject to clauses (ii) and (iii), the amount of the benefit payable for any month pursuant to the reinstatement of entitlement under this subsection shall be determined in accordance with the provisions of this title. “(ii) For purposes of computing the primary insurance amount of an individual whose entitlement to benefits under this section is reinstated under this subsection, the date of onset of the individual’s disability shall be the date of onset used in determining the individual’s most recent period of disability arising in connection with such benefits payable on the basis of an application. “(iii) Benefits under this section or section 202 payable for any month pursuant to a request for reinstatement filed in accordance with paragraph (2) shall be reduced by the amount of any provisional benefit paid to such individual for such month under paragraph (7). “(C) No benefit shall be payable pursuant to an entitlement reinstated under this subsection to an individual for any month in which the individual engages in substantial gainful activity. “(D) The entitlement of any individual that is reinstated under this subsection shall end with the benefits payable for the month preceding whichever of the following months is the earliest: “(i) The month in which the individual dies. “(ii) The month in which the individual attains retirement age. “(iii) The third month following the month in which the individual’s disability ceases. “(5) Whenever an individual’s entitlement to benefits under this section is reinstated under this subsection, entitlement to benefits payable on the basis of such individual’s wages and self-employment income may be reinstated with respect to any person previously entitled to such benefits on the basis of an application if the Commissioner determines that such person satisfies all the requirements for entitlement to such benefits except requirements related to the filing of an application. The provisions of paragraph (4) shall apply to the reinstated entitlement of any such person to the same extent that they apply to the reinstated entitlement of such individual. “(6) An individual to whom benefits are payable under this section or section 202 pursuant to a reinstatement of entitlement under this subsection for 24 months (whether or not consecutive) shall, with respect to benefits so payable after such twenty-fourth month, be deemed for purposes of paragraph (1)(B)(i)(I) and the determination, if appropriate, of the termination month in accordance with subsection (a)(1) of this section, or subsection (d)(1), (e)(1), or (f)(1) of section 202, to be entitled to such benefits on the basis of an application filed therefor. “(7) (A) An individual described in paragraph (1)(B) who files a request for reinstatement in accordance with the provisions of paragraph (2)(A) shall be entitled to provisional benefits payable in accordance with this paragraph, unless the Commissioner determines that the individual does not meet the requirements of paragraph (1)(B)(i) or that the individual’s declaration under paragraph (2)(A)(ii) is false. Any such determination by the Commissioner shall be final and not subject to review under subsection (b) or (g) of section 205. “(B) The amount of a provisional benefit for a month shall equal the amount of the last monthly benefit payable to the individual under this title on the basis of an application increased by an amount equal to the amount, if any, by which such last monthly benefit would have been increased as a result of the operation of section 215(i). “(C) (i) Provisional benefits shall begin with the month in which a request for reinstatement is filed in accordance with paragraph (2)(A). “(ii) Provisional benefits shall end with the earliest of— “(I) the month in which the Commissioner makes a determination regarding the individual’s entitlement to reinstated benefits; “(II) the fifth month following the month described in clause (i); “(III) the month in which the individual performs substantial gainful activity; or “(IV) the month in which the Commissioner determines that the individual does not meet the requirements of paragraph (1)(B)(i) or that the individual’s declaration made in accordance with paragraph (2)(A)(ii) is false. “(D) In any case in which the Commissioner determines that an individual is not entitled to reinstated benefits, any provisional benefits paid to the individual under this paragraph shall not be subject to recovery as an overpayment unless the Commissioner determines that the individual knew or should have known that the individual did not meet the requirements of paragraph (1)(B).” .
2004
Pub. L. 108–203 title II § 211(b) · 118 Stat. 493
1. Added · 42 U.S.C. § 423(a)(1)(C)(E)
  Pub. L. 108–203 added subpar. (C)
2. Redesignated · 42 U.S.C. § 423(a)(1)(C)(E)
  Pub. L. 108–203 redesignated former subpars. (C) and (D) as (D) and (E), respectively
Source evidence
Code amendment note
Subsec. (a)(1)(C) to (E). Pub. L. 108–203 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
Enacted provision · exact public law section
(b) Disability Benefits.— Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B), the following: “(C) if not a United States citizen or national— “(i) has been assigned a social security account number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of section 205(c)(2)(B)(i); or “(ii) at the time any quarters of coverage are earned— “(I) is described in subparagraph (B) or (D) of section 101(a)(15) of the Immigration and Nationality Act, “(II) is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and “(III) the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.” .
2015
<Social Security Benefit Protection and Opportunity Enhancement Act of 2015>
Pub. L. 114–74 § 825(a) · 129 Stat. 584
Added · 42 U.S.C. § 423(d)(4)(C)
Pub. L. 114–74, § 825(a), added subpar. (C)
Source evidence
Code amendment note
Subsec. (d)(4)(C). Pub. L. 114–74, § 825(a), added subpar. (C).
Enacted provision · exact public law section
(a) In General.— Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following: “(C) (i) Subject to clause (ii), in determining when earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, such earnings shall be presumed to have been earned— “(I) in making a determination of initial entitlement on the basis of disability, in the month in which the services were performed from which such earnings were derived; and “(II) in any other case, in the month in which such earnings were paid. “(ii) A presumption made under clause (i) shall not apply to a determination described in such clause if— “(I) the Commissioner can reasonably establish, based on evidence readily available at the time of such determination, that the earnings were earned in a different month than when paid; or “(II) in any case in which there is a determination that no benefit is payable due to earnings, after the individual is notified of the presumption made and provided with an opportunity to submit additional information along with an explanation of what additional information is needed, the individual shows to the satisfaction of the Commissioner that such earnings were earned in another month.” .
2015
<Social Security Benefit Protection and Opportunity Enhancement Act of 2015>
Pub. L. 114–74 § 812(a) · 129 Stat. 584
Added · 42 U.S.C. § 423(d)(5)(C)
Pub. L. 114–74, § 812(a), added subpar. (C)
Source evidence
Code amendment note
Subsec. (d)(5)(C). Pub. L. 114–74, § 812(a), added subpar. (C).
Enacted provision · exact public law section
(a) In General.— Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the following: “(C) (i) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security may not consider (except for good cause as determined by the Commissioner) any evidence furnished by— “(I) any individual or entity who has been convicted of a felony under section 208 or under section 1632; “(II) any individual or entity who has been excluded from participation in any Federal health care program under section 1128; or “(III) any person with respect to whom a civil money penalty or assessment has been imposed under section 1129 for the submission of false evidence. “(ii) To the extent and at such times as is necessary for the effective implementation of clause (i) of this subparagraph— “(I) the Inspector General of the Social Security Administration shall transmit to the Commissioner information relating to persons described in subclause (I) or (III) of clause (i); “(II) the Secretary of Health and Human Services shall transmit to the Commissioner information relating to persons described in subclause (II) of clause (i); and” .
2020
ALS Disability Insurance Access Act of 2019
Pub. L. 116–250 § 2(a) · 134 Stat. 1128
Substituted · 42 U.S.C. § 423(a)(1)
Pub. L. 116–250 substituted “(ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iii)” for “or (ii)” in concluding provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–250 substituted “(ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iii)” for “or (ii)” in concluding provisions.
Enacted provision · exact public law section
(a) In General.— Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended in the matter following subparagraph (E) by striking “or (ii)” and inserting “(ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iii)”.
Effective date note
Pub. L. 116–250, § 2(b), Dec. 22, 2020, 134 Stat. 1128, as amended by Pub. L. 117–3, § 1(a), Mar. 23, 2021, 135 Stat. 246, provided that: “The amendment made by this section [amending this section] shall apply with respect to applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act [Dec. 22, 2020].” [Pub. L. 117–3, § 1(b), Mar. 23, 2021, 135 Stat. 246, provided that: “The amendment made by this section [amending section 2(b) of Pub. L. 116–250, set out above] shall take effect as if included in the enactment of the ALS Disability Insurance Access Act of 2019 (Public Law 116–250).” ] [Pub. L. 117–3, § 1(a), Mar. 23, 2021, 135 Stat. 246, which directed substitution of “applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act” for “applications for disability insurance benefits filed after the date of enactment of this Act” in section 2(b) of Pub. L. 116–250, set out above, was executed by making the substitution for “applications for disability insurance benefits filed after the date of the enactment of this Act” to reflect the probable intent of Congress.]

121 of 137 references resolved to an enrolled provision · 16 partial

Editorial Notes

References in Text

Section 102 of the Senior Citizens’ Right to Work Act of 1996, referred to in subsec. (d)(4)(A), is section 102 of title I of Pub. L. 104–121, which amended this section and section 403 of this title and enacted provisions set out as a note under section 403 of this title.

Amendments1958–2020 · 22 rounds

2020

Subsec. (a)(1). Pub. L. 116–250 substituted “(ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iii)” for “or (ii)” in concluding provisions.

2015

Subsec. (d)(4)(C). Pub. L. 114–74, § 825(a), added subpar. (C).

Subsec. (d)(5)(C). Pub. L. 114–74, § 812(a), added subpar. (C).

2004

Subsec. (a)(1)(C) to (E). Pub. L. 108–203 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

1999

Subsecs. (i), (j). Pub. L. 106–170 added subsec. (i) and redesignated former subsec. (i) as (j).

1996

Subsec. (d)(2)(C). Pub. L. 104–121, § 105(a)(1), added subpar. (C).

Subsec. (d)(4)(A). Pub. L. 104–121, § 102(b)(2), substituted “an amount equal to the exempt amount which would be applicable under section 403(f)(8) of this title, to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted” for “the exempt amount under section 403(f)(8) of this title which is applicable to individuals described in subparagraph (D) thereof”.

1994

Subsecs. (b), (d)(2)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (d)(4). Pub. L. 103–296, § 201(a)(4)(A), designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 103–296, § 107(a)(4), in par. (4) as amended by Pub. L. 103–296, § 201(a)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (d)(5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

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

Subsec. (f)(2)(A). Pub. L. 103–296, § 321(f)(1)(A), struck out “(in a case to which clause (ii)(II) does not apply)” after “new medical evidence and” in introductory provisions.

Subsec. (f)(2)(B)(ii). Pub. L. 103–296, § 321(f)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: “the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or”.

Subsecs. (g), (h). 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), and “Commissioner’s” for “Secretary’s” in subsec. (h)(2).

Subsec. (i). Pub. L. 103–296, § 321(a)(19), inserted heading.

1990

Subsec. (d)(2)(A). Pub. L. 101–508, § 5103(a)(1), struck out “(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 402(e) or (f) of this title)” after “An individual”.

Subsec. (d)(2)(B), (C). Pub. L. 101–508, § 5103(a)(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “A widow, surviving divorced wife, widower, or surviving divorced husband shall not be determined to be under a disability (for purposes of section 402(e) or (f) of this title) 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.”

Subsec. (e). Pub. L. 101–508, § 5118(a), designated existing provision as par. (1) and added par. (2).

Subsec. (f). Pub. L. 101–508, § 5103(b)(5), struck out “(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband),” after “gainful activity” in two places in first sentence following par. (4).

Subsec. (f)(1)(B). Pub. L. 101–508, § 5103(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:

“(B)(i) the individual is now able to engage in substantial gainful activity, or

“(ii) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is no longer deemed, under regulations prescribed by the Secretary, sufficient to preclude the individual from engaging in gainful activity; or”.

Subsec. (f)(2)(A)(ii). Pub. L. 101–508, § 5103(b)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:

“(ii)(I) the individual is now able to engage in substantial gainful activity, or

“(II) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is no longer deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity, or”.

Subsec. (f)(3). Pub. L. 101–508, § 5103(b)(4), substituted “therefore the individual is able to engage in substantial gainful activity; or” for “therefore—” and subpars. (A) and (B) which read as follows:

“(A) the individual is able to engage in substantial gainful activity, or

“(B) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is not deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity; or”.

Subsec. (g)(1). Pub. L. 101–508, § 5102(1), inserted “or” before “(ii)” and substituted “pending” for “pending, or (iii) June 1991” before period at end.

Subsec. (g)(3). Pub. L. 101–508, § 5102(2), struck out par. (3) which read as follows: “The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made—

“(A) on or after January 12, 1983, or prior to such date but only on the basis of a timely request for a hearing under section 421(d) of this title, or for an administrative review prior to such hearing, and

“(B) prior to January 1, 1991.”

1989

Subsec. (f). Pub. L. 101–239, § 10305(c), inserted after first sentence of concluding provisions “In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”

Subsec. (g)(1)(iii). Pub. L. 101–239, § 10101(1), substituted “1991” for “1990”.

Subsec. (g)(2)(B). Pub. L. 101–239, § 10305(d), inserted at end “In making for purposes of this subparagraph any determination of whether any individual’s appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”

Subsec. (g)(3)(B). Pub. L. 101–239, § 10101(2), substituted “1991” for “1990”.

1988

Subsec. (g)(1)(iii). Pub. L. 100–647, § 8006(1), substituted “June 1990” for “June 1989”.

Subsec. (g)(3)(B). Pub. L. 100–647, § 8006(2), substituted “January 1, 1990” for “January 1, 1989”.

Subsecs. (h), (i). Pub. L. 100–647, § 8001(a), added subsec. (h) and redesignated former subsec. (h) as (i).

1987

Subsec. (a)(1). Pub. L. 100–203, § 9010(a), substituted “36 months” for “15 months”.

Subsec. (e). Pub. L. 100–203, § 9010(e)(2), substituted “36-month period” for “15-month period”.

Subsec. (g)(1). Pub. L. 100–203, § 9009(1), substituted “June 1989” for “June 1988” in cl. (iii) at end.

Subsec. (g)(3)(B). Pub. L. 100–203, § 9009(2), substituted “January 1, 1989” for “January 1, 1988”.

1986

Subsec. (e). Pub. L. 99–272 inserted “(d)(6)(A)(ii), (d)(6)(B),” after “(d)(1)(B)(ii)”.

Subsec. (g)(1). Pub. L. 99–514 struck out second comma after “payment of such benefits” in provisions following subpar. (C).

1984

Subsec. (a)(1)(B). Pub. L. 98–369, § 2662(c)(2), made a clarifying amendment to Pub. L. 98–21, § 201(c)(3). See 1983 Amendment note below.

Subsec. (c)(1)(B). Pub. L. 98–369, § 2661(m), realigned margins of subpar. (B).

Subsec. (d)(2)(A). Pub. L. 98–369, § 2663(a)(16), substituted “An individual” for “an individual”.

Subsec. (d)(2)(C). Pub. L. 98–460, § 4(a)(1), added subpar. (C).

Subsec. (d)(5). Pub. L. 98–460, § 9(b)(1), designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 98–460, § 3(a)(1), inserted provisions requiring, in making determinations as to whether an individual is under a disability, that subjective statements as to pain or other symptoms alleged to be disabling be supplemented by, and considered together with, objective medical evidence of those symptoms showing the existence of a medical impairment resulting from anatomical, physiological, or psychological abnormalities.

Subsec. (f). Pub. L. 98–460, § 2(a), amended subsec. (f) generally, substituting provisions relating to the standard of review for termination of disability benefits for provisions relating to suspension of benefits for inmates of penal institutions.

Subsec. (g)(1). Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) substituted reference to benefits under this subchapter for reference to benefits under this chapter, inserted references to the payment of mother’s or father’s insurance benefits to such individual’s mother or father based on the disability of such individual as a child who has attained age 16, substituted reference to benefits under subchapter XVIII of this chapter based on such individual’s disability for reference to benefits under subchapter XVIII of this chapter, and substituted “June 1988” for “June 1984” in cl. (iii).

Subsec. (g)(3)(B). Pub. L. 98–460, § 7(a)(2), substituted “January 1, 1988” for “December 7, 1983”.

Subsec. (h). Pub. L. 98–369, § 2662(i), amended Pub. L. 98–21, § 339(b), resulting in addition of subsec. (h) of this section. See 1983 Amendment note below.

1983

Subsec. (a)(1). Pub. L. 98–21, § 201(c)(1)(E), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65”.

Subsec. (a)(1)(B). Pub. L. 98–21, § 201(c)(3), as amended by Pub. L. 98–369, § 2662(c)(2), substituted “retirement age (as defined in section 416(l) of this title)” for “the age of sixty-five”.

Subsec. (c)(1)(B)(iii). Pub. L. 98–21, § 332(b), added cl. (iii).

Subsec. (d)(2). Pub. L. 98–21, § 309(o), substituted “widower, or surviving divorced husband” for “or widower” wherever appearing.

Subsec. (f). Pub. L. 98–21, § 339(b), before amendment by Pub. L. 98–369, § 2662(i), struck out subsec. (f) relating to suspension of benefits for inmates of penal institutions. See note below for subsec. (h).

Subsec. (g). Pub. L. 97–455 added subsec. (g).

Subsec. (g)(3)(B). Pub. L. 98–118 substituted “December 7, 1983” for “October 1, 1983”.

Subsec. (h). Pub. L. 98–21, § 339(b), as amended by Pub. L. 98–369, § 2662(i), added subsec. (h).

1981

Subsec. (f)(3). Pub. L. 97–123 added par. (3).

1980

Subsec. (a)(1). Pub. L. 96–265, § 303(b)(1)(A), inserted reference to subsec. (e) of this section and provisions relating to an individual’s termination month.

Subsec. (a)(2). Pub. L. 96–265, § 102(b), substituted “Except as provided in section 402(q) and section 415(b)(2)(A)(ii) of this title” for “Except as provided in section 402(q) of this title”.

Subsec. (b). Pub. L. 96–265, § 306(c), inserted provisions relating to limitations on the prospective effect of applications.

Subsec. (d)(4). Pub. L. 96–265, § 302(a)(1), inserted provisions relating to extraordinary work expenses due to severe disability.

Subsec. (d)(5). Pub. L. 96–265, § 309(a), inserted provisions relating to payment for existing medical evidence.

Subsec. (d)(6). Pub. L. 96–473, § 5(a)(1), added par. (6).

Subsec. (e). Pub. L. 96–265, § 303(b)(2)(A), added subsec. (e).

Subsec. (f). Pub. L. 96–473, § 5(c), added subsec. (f).

1977

Subsec. (d)(4). Pub. L. 95–216 inserted provisions relating to activities of blind individuals.

1972

Subsec. (a)(1). Pub. L. 92–603, § 118(a)(1), inserted provision for filing of an application for disability insurance benefits after death of insured individual.

Subsec. (a)(2). Pub. L. 92–603, §§ 104(c), 118(a)(2). struck out “(if a woman) or age 65 (if a man)” after “attained age 62” and substituted “an individual” for “a woman”, “in which he attained age 62” for “in which she attained age 62”, and “the application for disability insurance benefits was filed and he was” for “he filed his application for disability insurance benefits and was”.

Subsec. (b). Pub. L. 92–603, § 118(a)(3), substituted “if such application is filed” for “if he files such application”.

Subsec. (c)(1). Pub. L. 92–603, §§ 104(d), 117(b), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A) and in provisions following subpar. (B) inserted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind.

Subsec. (c)(2). Pub. L. 92–603, §§ 116(a), 118(a)(4), substituted “five consecutive calendar months” for “six consecutive calendar months” in provisions preceding subpar. (A), substituted “with respect to whom such application is filed” for “who files such application” in subpar. (A), and substituted “seventeenth” for “eighteenth” in subpar. (B).

1968

Subsec. (a)(1). Pub. L. 90–248, § 158(c)(6)–(8), substituted in subpar. (D) reference to “subsection (d)” for “subsection (c)(2)”, in text of first sentence following subpar. (D) reference to “subsection (c)(2)” for “subsection (c)(3)”, and in last sentence following subpar. (D) reference to “subsection (d) except for paragraph (1)(B) thereof” for “subsection (c)(2) except for subparagraph (B) thereof”, respectively.

Subsec. (c). Pub. L. 90–248, § 158(a), restricted heading to definitions of “insured status” and “waiting period”, struck out former par. (2) defining “disability” and requiring medical and other evidence of disability, now incorporated in subsec. (d)(1)(A), (5) of this section, and redesignated former par. (3) as (2).

Subsec. (c)(1)(B)(ii). Pub. L. 90–248, § 105(b), substituted in cl. (ii) “before the quarter in which he attains” for “before he attains” and struck out “and he is under a disability by reason of blindness (as defined in section 416(i)(1) of this title)” after “age 31”.

Subsec. (d). Pub. L. 90–248, § 158(b), redesignated former first sentence of former subsec. (c)(2), comprising subpars. (A) and (B), as par. (1)(A), (B), added pars. (2) to (4), and redesignated former second sentence of former subsec. (c)(2) as par. (5).

1965

Subsec. (a)(1). Pub. L. 89–97, §§ 303(b)(3), 344(c), struck out from subpar. (D) “at the time such application is filed,” after parenthetical provision and from provisions following subpar. (D) “the first month for which he is entitled to old-age insurance benefits” after “age 65,”; and prohibit payment to an individual who would not meet the definition of disability in subsec. (c)(2) except for subpar. (B) thereof for any month in which he engages in substantial gainful activity, and payment for such month under subsec. (b), (c), or (d) of section 402 of this title to any person on the basis of the wages and self-employment income of such individual, respectively.

Subsec. (a)(2). Pub. L. 89–97, §§ 302(e), 304(m), inserted in first sentence “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” and “Except as provided in section 402(q) of this title” and in last sentence substituted “shall not include the year” for “shall not include the first year” and struck out “both was fully insured and had” before “attained age 62” in two places, respectively.

Subsec. (a)(3). Pub. L. 89–97, § 304(n), repealed par. (3) which prohibited an individual from becoming entitled to disability insurance benefits if he is entitled to a widow’s, widower’s, or parent’s insurance benefit, or an old-age, wife’s or husband’s insurance benefit.

Subsec. (b). Pub. L. 89–97, §§ 303(c), 328(c), struck out from last sentence “after June 1957” after “for any months” and substituted “before” for “prior to” where first appearing and “if he files such application before the end of the 12th month immediately succeeding such month” for “if he is continuously under a disability after such month and until he files application therefor and he files said application prior to the end of the twelfth month immediately succeeding such month”; and substituted provisions calling for an application for benefits filed before the first month in which the applicant satisfies the requirements for such benefits to be deemed a valid application only if the applicant satisfies the requirements before the Secretary makes a final decision on the application and calling for the application to be deemed filed in the first month if the applicant is found to satisfy the requirements for provisions placing an outer limit on the time prior to entitlement during which an application would be deemed filed during the first month prior to entitlement, respectively.

Subsec. (c)(1). Pub. L. 89–97, § 344(b), 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 added the material following subpar. (B)(ii) 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.

Subsec. (c)(2)(A). Pub. L. 89–97, § 303(a)(2), designated existing provisions as subpar. (A) and substituted “which has lasted or can be expected to last for a continuous period of not less than 12 months; or” for “to be of long-continued and indefinite duration”.

Subsec. (c)(2)(B). Pub. L. 89–97, § 344(d), added subpar. (B).

Subsec. (c)(3)(A). Pub. L. 89–97, § 303(b)(4), struck out “which continues until such application is filed” after “disability”.

1961

Subsec. (a)(1). Pub. L. 87–64, § 102(b)(2)(C), substituted “the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits” for “the month in which he attains the age of sixty-five”.

Subsec. (a)(2). Pub. L. 87–64, § 102(c)(2)(C), (3)(D), substituted “as though he had attained age 62 (if a woman) or age 65 (if a man)” for “as though he had attained retirement age”, and “fully insured and had attained age 62” for “fully insured and had attained retirement age”, in two places.

Subsec. (a)(3). Pub. L. 87–64, § 102(b)(2)(B), added par. (3).

Subsec. (c)(1)(A). Pub. L. 87–64, § 102(c)(3)(E), substituted “attained age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”.

1960

Subsec. (a)(1). Pub. L. 86–778, §§ 401(a), 402(a), 403(b), struck out provisions from cl. (B) which required an individual to have attained the age of 50, inserted provisions authorizing payment of benefits to an individual for each month beginning with 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 entitled to disability insurance benefits which terminated, or had a period of disability which ceased, within the 60-month period preceding the first month in which he is under such disability, and substituted provisions requiring benefits to end with the month preceding whichever of the following is the earliest: the month in which he dies, the month in which he attains the age of 65, or the third month following the month in which his disability ceases for provisions which required the benefits to end with the month preceding the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of 65.

Subsec. (a)(2). Pub. L. 86–778, § 303(f), amended generally subsec. (a)(2), as amended by section 402(b) of Pub. L. 86–778 which read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in—

“(A) the first month of his waiting period, or

“(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits.”

Pub. L. 86–778, § 402(b), amended subsec. (a)(2) generally. Prior to amendment, subsec. (a)(2) read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in the first month of his waiting period.”

Subsec. (b). Pub. L. 86–778, § 402(c), (d), prohibited acceptance of an application, in any case in which cl. (ii) of par. (1) of subsec. (a) of this section is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to benefits, inserted provisions requiring any application filed within the nine months’ period or six months’ period, as the case may be, to be deemed to have been filed in such first month, and substituted “if he is continuously under a disability after such month and until he files application therefor, and he files such application” for “if he files application therefor”.

Subsec. (c)(3). Pub. L. 86–778, § 401(b), struck out provisions which prohibited a waiting period for any individual from beginning before the first day of the sixth month before the month in which he attains the age of 50.

1958

Subsec. (b). Pub. L. 85–840, § 202(a), provided that individuals who would have been entitled to disability insurance benefits for any month after June 1957 had they filed application therefor prior to the end of such month shall be entitled to disability benefits for such month if they file application therefor prior to the end of the twelfth month immediately succeeding such month.

Subsec. (c)(1). Pub. L. 85–840, § 204(b), substituted “fully insured” for “fully and currently insured” in cl. (A).

Subsec. (c)(3). Pub. L. 85–840, § 202(b), inserted “which continues until such application is filed” after “under a disability” in cl. (A), and substituted “eighteenth month” for “sixth month” in three instances in cl. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–250, § 2(b), Dec. 22, 2020, 134 Stat. 1128, as amended by Pub. L. 117–3, § 1(a), Mar. 23, 2021, 135 Stat. 246, provided that: “The amendment made by this section [amending this section] shall apply with respect to applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act [Dec. 22, 2020].”

[Pub. L. 117–3, § 1(b), Mar. 23, 2021, 135 Stat. 246, provided that: “The amendment made by this section [amending section 2(b) of Pub. L. 116–250, set out above] shall take effect as if included in the enactment of the ALS Disability Insurance Access Act of 2019 (Public Law 116–250).” ]

[Pub. L. 117–3, § 1(a), Mar. 23, 2021, 135 Stat. 246, which directed substitution of “applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act” for “applications for disability insurance benefits filed after the date of enactment of this Act” in section 2(b) of Pub. L. 116–250, set out above, was executed by making the substitution for “applications for disability insurance benefits filed after the date of the enactment of this Act” to reflect the probable intent of Congress.]

Effective Date of 2015 Amendment

Pub. L. 114–74, title VIII, § 812(c), Nov. 2, 2015, 129 Stat. 602, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to determinations of disability made on or after the earlier of—
“(1)
the effective date of the regulations issued by the Commissioner under subsection (b) [set out as a note under this section]; or
#
“(2)
one year after the date of the enactment of this Act [Nov. 2, 2015].”
#

Pub. L. 114–74, title VIII, § 825(b), Nov. 2, 2015, 129 Stat. 611, provided that: “The amendment made by subsection (a) [amending this section] shall take effect upon the date of the enactment of this Act [Nov. 2, 2015], or as soon as practicable thereafter.”

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–203 applicable to benefit applications based on social security account numbers issued on or after Jan. 1, 2004, see section 211(c) of Pub. L. 108–203, set out as a note under section 414 of this title.

Effective Date of 1999 Amendment

Pub. L. 106–170, title I, § 112(c), Dec. 17, 1999, 113 Stat. 1886, provided that:

“(1)
In general.—
The amendments made by this section [amending this section and section 1383 of this title] shall take effect on the first day of the thirteenth month beginning after the date of the enactment of this Act [Dec. 17, 1999].
#
“(2)
Limitation.—
No benefit shall be payable under title II or XVI [of the Social Security Act, 42 U.S.C. 401 et seq., 1381 et seq.] on the basis of a request for reinstatement filed under section 223(i) or 1631(p) of the Social Security Act (42 U.S.C. 423(i), 1383(p)) before the effective date described in paragraph (1).”
#

Effective Date of 1996 Amendment

Amendment by section 102(b)(2) of Pub. L. 104–121 applicable with respect to taxable years ending after 1995, see section 102(c) of Pub. L. 104–121, set out as a note under section 403 of this title.

Amendment by section 105(a)(1) of Pub. L. 104–121 applicable to individual who applies for, or whose claim is finally adjudicated with respect to, benefits under this subchapter based on disability on or after Mar. 29, 1996, with special rule for any individual who applied, and whose claim has been finally adjudicated, before Mar. 29, 1996, see section 105(a)(5) of Pub. L. 104–121, set out as a note under section 405 of this title.

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.

Amendment by section 321(f)(1) of Pub. L. 103–296 effective as if included in the provisions of the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101–508, to which such amendment relates, see section 321(f)(5) of Pub. L. 103–296, set out as a note under section 405 of this title.

Effective Date of 1990 Amendment

Amendment by section 5103(a), (b)(2)–(5) 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, § 5118(b), Nov. 5, 1990, 104 Stat. 1388–278, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to benefits for months after the date of the enactment of this Act [Nov. 5, 1990].”

Effective Date of 1989 Amendment

Amendment by section 10305(c), (d) of Pub. L. 101–239 applicable with respect to determinations made on or after July 1, 1990, see section 10305(f) of Pub. L. 101–239, set out as a note under section 403 of this title.

Effective Date of 1988 Amendment

Pub. L. 100–647, title VIII, § 8001(c), Nov. 10, 1988, 102 Stat. 3779, provided that: “The amendments made by this section [amending this section and section 1383 of this title] shall apply to determinations by administrative law judges of entitlement to benefits made after 180 days after the date of the enactment of this Act [Nov. 10, 1988].”

Effective Date of 1987 Amendment

Amendment by section 9010(a), (e)(2) of Pub. L. 100–203 effective Jan. 1, 1988, and applicable with respect to individuals entitled to benefits under specific provisions of this section and section 402 of this title for any month after December 1987, and individuals entitled to benefits payable under specific provisions of this section and section 402 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 1986 Amendment

Amendment by Pub. L. 99–272 effective Dec. 1, 1980, and applicable with respect to any individual who is under a disability (as defined in subsection (d) of this section) on or after that date, see section 12107(c) of Pub. L. 99–272, set out as a note under section 402 of this title.

Effective Date of 1984 Amendment

Pub. L. 98–460, § 2(d), Oct. 9, 1984, 98 Stat. 1797, provided that:

“(1)
The amendments made by this section [amending this section and sections 416 and 1382c of this title and enacting provisions set out as notes under this section] shall apply only as provided in this subsection.
#
“(2)
The amendments made by this section shall apply to—
“(A)
determinations made by the Secretary on or after the date of the enactment of this Act [Oct. 9, 1984];
#
“(B)
determinations with respect to which a final decision of the Secretary has not yet been made as of the date of the enactment of this Act [Oct. 9, 1984] and with respect to which a request for administrative review is made in conformity with the time limits, exhaustion requirements, and other provisions of section 205 of the Social Security Act [42 U.S.C. 405] and regulations of the Secretary;
#
“(C)
determinations with respect to which a request for judicial review was pending on September 19, 1984, and which involve an individual litigant or a member of a class in a class action who is identified by name in such pending action on such date; and
#
“(D)
determinations with respect to which a timely request for judicial review is or has been made by an individual litigant of a final decision of the Secretary made within 60 days prior to the date of the enactment of this Act [Oct. 9, 1984].
#
In the case of determinations described in subparagraphs (C) and (D) in actions relating to medical improvement, the court shall remand such cases to the Secretary for review in accordance with the provisions of the Social Security Act as amended by this section.
#
“(3)
In the case of a recipient of benefits under title II, XVI, or XVIII of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq., 1395 et seq.]—
“(A)
who has been determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits were provided has ceased, does not exist, or is not disabling, and
#
“(B)
who was a member of a class certified on or before September 19, 1984, in a class action relating to medical improvement pending on September 19, 1984, but was not identified by name as a member of the class on such date,
#
the court shall remand such case to the Secretary. The Secretary shall notify such individual by certified mail that he may request a review of the determination described in subparagraph (A) based on the provisions of this section and the provisions of the Social Security Act as amended by this section. Such notification shall specify that the individual must request such review within 120 days after the date on which such notification is received. If such request is made in a timely manner, the Secretary shall make a review of the determination described in subparagraph (A) in accordance with the provisions of this section and the provisions of the Social Security Act as amended by this section. The amendments made by this section shall apply with respect to such review, and the determination described in subparagraph (A) (and any redetermination resulting from such review) shall be subject to further administrative and judicial review, only if such request is made in a timely manner.
#
“(4)
The decision by the Secretary on a case remanded by a court pursuant to this subsection shall be regarded as a new decision on the individual’s claim for benefits, which supersedes the final decision of the Secretary. The new decision shall be subject to further administrative review and to judicial review only in conformity with the time limits, exhaustion requirements, and other provisions of section 205 of the Social Security Act [42 U.S.C. 405] and regulations issued by the Secretary in conformity with such section.
#
“(5)
No class in a class action relating to medical improvement may be certified after September 19, 1984, if the class action seeks judicial review of a decision terminating entitlement (or a period of disability) made by the Secretary of Health and Human Services prior to September 19, 1984.
#
“(6)
For purposes of this subsection, the term ‘action relating to medical improvement’ means an action raising the issue of whether an individual who has had his entitlement to benefits under title II, XVI, or XVIII of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq., 1395 et seq.] based on disability terminated (or period of disability ended) should not have had such entitlement terminated (or period of disability ended) without consideration of whether there has been medical improvement in the condition of such individual (or another individual on whose disability such entitlement is based) since the time of a prior determination that the individual was under a disability.”
#

Pub. L. 98–460, § 3(a)(3), Oct. 9, 1984, 98 Stat. 1799, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section 1382c of this title] shall apply to determinations made prior to January 1, 1987.”

Pub. L. 98–460, § 4(c), Oct. 9, 1984, 98 Stat. 1801, provided that: “The amendments made by this section [amending this section and sections 416 and 1382c of this title] shall apply with respect to determinations made on or after the first day of the first month beginning after 30 days after the date of the enactment of this Act [Oct. 9, 1984].”

Pub. L. 98–460, § 9(b)(2), Oct. 9, 1984, 98 Stat. 1805, provided that: “The amendments made by this subsection [amending this section] shall apply to determinations made on or after the date of the enactment of this Act [Oct. 9, 1984].”

Amendment by sections 2661(m) and 2662(c)(2), (i) 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)(16) 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 section 309(o) 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.

Amendment by section 332(b) of Pub. L. 98–21 effective with respect to applications for disability insurance benefits under this section filed after Apr. 20, 1983, except that no monthly benefits under this subchapter shall be payable or increased by reason of such amendment for months before the month following April, 1983, see section 332(c) of Pub. L. 98–21, set out as a note under section 416 of this title.

Amendment by section 339(b) of Pub. L. 98–21 applicable with respect to monthly benefits payable for months beginning on or after April 20, 1983, see section 339(c) of Pub. L. 98–21, 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.

For effective date of amendment by section 102(b) of Pub. L. 96–265, see section 102(c) of Pub. L. 96–265, set out as a note under section 415 of this title.

Pub. L. 96–265, title III, § 302(c), June 9, 1980, 94 Stat. 451, provided that: “The amendments made by this section [amending this section and sections 1382a and 1382c of this title] shall apply with respect to expenses incurred on or after the first day of the sixth month which begins after the date of the enactment of this Act [June 9, 1980].”

For effective date of amendment by section 303(b)(1)(A), (2)(A) of Pub. L. 96–265, see section 303(d) of Pub. L. 96–265, set out as a note under section 402 of this title.

Amendment by section 306(c) 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.

Pub. L. 96–265, title III, § 309(b), June 9, 1980, 94 Stat. 459, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to evidence requested on or after the first day of the sixth month which begins after the date of the enactment of this Act [June 9, 1980].”

Effective Date of 1972 Amendment

Amendment by section 104(c), (d) of Pub. L. 92–603 applicable only in the case of a man who attains (or would attain) age 62 after Dec. 1974, with the figure “65” in subsec. (c)(1)(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 an Effective Date of 1972 Amendment note under section 414 of this title.

Pub. L. 92–603, title I, § 116(e), Oct. 30, 1972, 86 Stat. 1350, provided that:

“The amendments made by this section [amending this section and sections 402 and 416 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], applications for widow’s and widower’s insurance benefits based on disability under section 202 of such Act [42 U.S.C. 402], and applications for disability determinations under section 216(i) of such Act [42 U.S.C. 416(i)], filed—
“(1)
in or after the month in which this Act is enacted [October 1972], 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 [now Health and Human Services] 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 [42 U.S.C. 405(g)] (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 Act [42 U.S.C. 401 et seq.] shall be payable or increased by reason of the amendments made by this section for any month before January 1973.”

Pub. L. 92–603, title I, § 117(c), Oct. 30, 1972, 86 Stat. 1351, provided that:

“The amendments made by this section [amending this section and section 416 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—
“(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 [now Health and Human Services] 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 [42 U.S.C. 405(g)] (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 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 January 1973.”

Amendment by section 118(a) of Pub. L. 92–603 applicable in the case of deaths occurring after Dec. 31, 1969, with any applications with respect to an individual whose death occurred after Dec. 31, 1969, but before Oct. 30, 1972, to be deemed to have been filed in the month in which death occurred if filed in or within three months after Oct. 1972, see section 118(c) of Pub. L. 92–603, set out as a note under section 416 of this title.

Effective Date of 1968 Amendment

Amendment by section 105(b) of Pub. L. 90–248 applicable with respect to monthly benefits under this subchapter for months after January 1968, but only on the basis of applications for such benefits filed in or after January 1968, see section 105(c) of Pub. L. 90–248, set out as a note under section 416 of this title.

Pub. L. 90–248, title I, § 158(e), Jan. 2, 1968, 81 Stat. 869, provided that:

“The amendments made by this section [amending this section and sections 402, 416, 421, 422, and 425 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—
“(1)
in or after the month in which this Act is enacted [January 1968], 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 [now Health and Human Services] 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 [42 U.S.C. 405(g)] (whether before, in, or after such month) and the decision in such civil action has not become final before such month.”
#
#

Effective Date of 1965 Amendment

Amendment by section 302(e) of Pub. L. 89–97 applicable in the case of individuals who become entitled to disability insurance benefits under this section after December 1965, see section 302(f)(5) of Pub. L. 89–97, set out as a note under section 415 of this title.

Pub. L. 89–97, title III, § 303(f)(1), July 30, 1965, 79 Stat. 368, provided that:

“The amendments made by subsection (a) [amending this section and section 416 of this title], paragraphs (3) and (4) of subsection (b) [amending this section], and subsections (c) and (d) [amending this section and section 402 of this title], and the provisions of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act [42 U.S.C. 416(i)(2)] (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance benefits under section 223 [42 U.S.C. 423], 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 [July 1965], 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 [now Health and Human Services] 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 Social Security Act [42 U.S.C. 405(g)] (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 [42 U.S.C. 401 et seq.] shall be payable or increased by reason of the amendments made by subsections (a) and (b) [amending this section and section 416 of this title] for months before the second month following the month in which this Act is enacted [July 1965]. The preceding sentence shall also be applicable in the case of applications for 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 [42 U.S.C. 423] such preceding sentence is applicable.”

Amendment by section 304(m), (n) 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.

Amendment by section 328(c) of Pub. L. 89–97 applicable with respect to applications filed on or after July 30, 1965, applications as to which the Secretary has not made a final decision before July 30, 1965, and, if a civil action with respect to a final decision of the Secretary has been commenced under section 405(g) of this title before July 30, 1965, applications as to which there has been no final judicial decision before July 30, 1965, see section 328(d) of Pub. L. 89–97, set out as a note under section 416 of this title.

Amendment by section 344(b)–(d) of Pub. L. 89–97 applicable only with respect to monthly benefits under subchapter II of this chapter for months after August 1965 on the basis of applications for such benefits filed in or after July 1965, see section 344(e) of Pub. L. 89–97, set out as a note under section 416 of this title.

Effective Date of 1961 Amendment

Amendment by section 102(b)(2)(B), (C) of Pub. L. 87–64 effective Aug. 1, 1961, and amendment by section 102(c)(2)(C), (3)(D), (E) 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.

Effective Date of 1960 Amendment

Pub. L. 86–778, title III, § 303(f), Sept. 13, 1960, 74 Stat. 964, provided that the amendment made by such section 303(f) is effective with respect to individuals who become entitled to benefits under this section after 1960.

Pub. L. 86–778, title IV, § 401(c), Sept. 13, 1960, 74 Stat. 967, provided that: “The amendments made by this section [amending this section] shall apply only with respect to monthly benefits under sections 202 and 223 of the Social Security Act [42 U.S.C. 402, 423] for months after the month following the month in which this Act is enacted [September 1960] which are based on the wages and self-employment income of an individual who did not attain the age of fifty in or prior to the month following the month in which this Act is enacted, but only where applications for such benefits are filed in or after the month in which this Act is enacted.”

Pub. L. 86–778, title IV, § 402(f), Sept. 13, 1960, 74 Stat. 968, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply only with respect to benefits under section 223 of the Social Security Act [42 U.S.C. 423] for the month in which this Act is enacted [September 1960] and subsequent months. The amendment made by subsection (c) [amending this section] shall apply only in the case of applications for benefits under such section 223 filed after the seventh month before the month in which this Act is enacted. The amendment made by subsection (d) [amending this section] shall apply only in the case of applications for benefits under such section 223 filed in or after the month in which this Act is enacted. The amendment made by subsection (e) [amending section 416 of this title] shall apply only in the case of individuals who become entitled to benefits under such section 223 in or after the month in which this Act is enacted.”

Amendment by section 403(b) of Pub. L. 86–778 applicable only with respect to benefits under this section for months after September 1960, in the case of individuals who, without regard to such amendment, would have been entitled to such benefits for September 1960, or for any succeeding month, 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

Amendment by section 202 of Pub. L. 85–840 applicable with respect to applications for disability insurance benefits under this section filed after December 1957, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title.

For applicability of amendment by section 204(b) of Pub. L. 85–840, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title.

Effective Date

Act Aug. 1, 1956, ch. 836, title I, § 103(d), 70 Stat. 818, provided that:

“(1)
The amendment made by subsection (a) [enacting this section and sections 424 and 425 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 June 1957.
#
“(2)
For purposes of determining entitlement to a disability insurance benefit for any month after June 1957 and before December 1957, an application for disability insurance benefits filed by any individual after July 1957 and before January 1958 shall be deemed to have been filed during the first month after June 1957 for which such individual would (without regard to this paragraph) have been entitled to a disability insurance benefit had he filed application before the end of such month.”
#

Regulations

Pub. L. 114–74, title VIII, § 812(b), Nov. 2, 2015, 129 Stat. 602, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 2, 2015], the Commissioner of Social Security shall issue regulations to carry out the amendment made by subsection (a) [amending this section].”

Electronic Reporting of Earnings

Pub. L. 114–74, title VIII, § 826, Nov. 2, 2015, 129 Stat. 611, provided that:

“(a)
In General.—
Not later than September 30, 2017, the Commissioner of Social Security shall establish and implement a system that—
“(1)
allows an individual entitled to a monthly insurance benefit based on disability under title II of the Social Security Act [42 U.S.C. 401 et seq.] (or a representative of the individual) to report to the Commissioner the individual’s earnings derived from services through electronic means, including by telephone and Internet; and
#
“(2)
automatically issues a receipt to the individual (or representative) after receiving each such report.
#
#
“(b)
Supplemental Security Income Reporting System as Model.—
The Commissioner shall model the system established under subsection (a) on the electronic wage reporting systems for recipients of supplemental security income under title XVI of such Act [42 U.S.C. 1381 et seq.].”
#

Election of Payments

Pub. L. 98–460, § 2(e), Oct. 9, 1984, 98 Stat. 1798, provided that:

“Any individual whose case is remanded to the Secretary pursuant to subsection (d) [set out as a note above] or whose request for a review is made in a timely manner pursuant to subsection (d), may elect, in accordance with section 223(g) or 1631(a)(7) of the Social Security Act [42 U.S.C. 423(g), 1383(a)(7)], to have payments made beginning with the month in which he makes such election, and ending as under such section 223(g) or 1631(a)(7). Notwithstanding such section 223(g) or 1631(a)(7), such payments (if elected)—
“(1)
shall be made at least until an initial redetermination is made by the Secretary; and
#
“(2)
shall begin with the payment for the month in which such individual makes such election.”
#

Retroactive Benefits

Pub. L. 98–460, § 2(f), Oct. 9, 1984, 98 Stat. 1799, provided that: “In the case of any individual who is found to be under a disability after a review required under this section, such individual shall be entitled to retroactive benefits beginning with benefits payable for the first month to which the most recent termination of benefits applied.”

Promulgation of Regulations

Pub. L. 98–460, § 2(g), Oct. 9, 1984, 98 Stat. 1799, provided that: “The Secretary of Health and Human Services shall prescribe regulations necessary to implement the amendments made by this section [amending this section and sections 416 and 1382c of this title and enacting provisions set out as notes under this section] not later than 180 days after the date of the enactment of this Act [Oct. 9, 1984].”

Commission on Evaluation of Pain

Pub. L. 98–460, § 3(b), Oct. 9, 1984, 98 Stat. 1799, as amended by Pub. L. 117–286, § 4(a)(248), Dec. 27, 2022, 136 Stat. 4333, required the Secretary of Health and Human Services to appoint a Commission on the Evaluation of Pain consisting of at least twelve experts to conduct a study concerning the evaluation of pain in determining whether an individual is under a disability and to submit the results of the study no later than Dec. 31, 1985, after which the Commission would terminate.

Study and Report to Congressional Committees on Effect of Continued Payment of Disability Benefits During Appeal on Trust Fund Expenditures and the Rate of Appeals

Pub. L. 98–460, § 7(c), Oct. 9, 1984, 98 Stat. 1804, required the Secretary of Health and Human Services to conduct a study concerning the effect which the enactment and continued operation of subsec. (g) of this section was having on various Trust Funds and the rate of appeals to administrative law judges of unfavorable determinations relating to disability or periods of disability and submit the results no later than July 1, 1986.

Special $50 Payment Under Tax Reduction Act of 1975

Special payment of $50 as soon as practicable after Mar. 29, 1975, by the Secretary of the Treasury to each individual who, for the month of March, 1975, was entitled to a monthly insurance benefit payable under this subchapter, see section 702 of Pub. L. 94–12, set out as a note under section 402 of this title.

Lump-Sum Payment of Disability Insurance Benefits for Period Beginning After 1959 and Ending Prior to 1964; Filing of Application

Pub. L. 92–603, title I, § 133, Oct. 30, 1972, 86 Stat. 1361, provided that:

“(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 [42 U.S.C. 416(i)] and of an application for disability insurance benefits under section 223 of such Act [42 U.S.C. 423]) 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 [Oct. 30, 1972], be entitled, notwithstanding any other provision of title II of the Social Security Act [42 U.S.C. 401 et seq.], to receive in a lump sum as disability 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 [Jan. 2, 1968] such period was determined (under section 216(i) of the Social Security Act [42 U.S.C. 416(i)]) 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)(2)(F).
#
#
“(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.”
#

Special Insured Status Test in Certain Cases for Disability Purposes

Individuals not insured for disability benefits as determined under subsec. (c)(1) of this section with respect to any month in a quarter deemed to have met such requirements in certain cases, see section 404 of Pub. L. 86–778, set out as a note under section 416 of this title.

Credits

1935–2020 · 28 acts

1935Aug. 14, 1935, ch. 531, title II, § 223, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 815
1958amended Pub. L. 85–840, title II, §§ 202, 204(b), Aug. 28, 1958, 72 Stat. 1020, 1021
1960Pub. L. 86–778, title III, § 303(f), title IV, §§ 401(a), (b), 402(a)–(d), 403(b), Sept. 13, 1960, 74 Stat. 964, 967, 969
1961Pub. L. 87–64, title I, § 102(b)(2)(B), (C), (c)(2)(C), (3)(D), (E), June 30, 1961, 75 Stat. 134, 135
1965Pub. L. 89–97, title III, §§ 302(e), 303(a)(2), (b)(3), (4), (c), 304(m), (n), 328(c), 344(b)–(d), July 30, 1965, 79 Stat. 366, 367, 370, 400, 413
1968Pub. L. 90–248, title I, §§ 105(b), 158(a), (b), (c)(6)–(8), Jan. 2, 1968, 81 Stat. 833, 867–869
1972Pub. L. 92–603, title I, §§ 104(c), (d), 116(a), 117(b), 118(a), Oct. 30, 1972, 86 Stat. 1340, 1350, 1351
1977Pub. L. 95–216, title III, § 335, Dec. 20, 1977, 91 Stat. 1547
1980Pub. L. 96–265, title I, § 102(b), title III, §§ 302(a)(1), 303(b)(1)(A), (2)(A), 306(c), 309(a), June 9, 1980, 94 Stat. 443, 450, 451, 453, 458, 459
1980Pub. L. 96–473, § 5(a)(1), (c), Oct. 19, 1980, 94 Stat. 2264, 2265
1981Pub. L. 97–123, § 6, Dec. 29, 1981, 95 Stat. 1664
1983Pub. L. 97–455, § 2, Jan. 12, 1983, 96 Stat. 2498
1983Pub. L. 98–21, title II, § 201(c)(1)(E), (3), title III, §§ 309(o), 332(b), 339(b), Apr. 20, 1983, 97 Stat. 109, 117, 129, 134
1983Pub. L. 98–118, § 2, Oct. 11, 1983, 97 Stat. 803
1984Pub. L. 98–369, div. B, title VI, §§ 2661(m), 2662(c)(2), (i), 2663(a)(16), July 18, 1984, 98 Stat. 1158–1160, 1165
1984Pub. L. 98–460, §§ 2(a), 3(a)(1), 4(a)(1), 7(a), 9(b)(1), Oct. 9, 1984, 98 Stat. 1794, 1799, 1800, 1803, 1805
1986Pub. L. 99–272, title XII, § 12107(b), Apr. 7, 1986, 100 Stat. 286
1986Pub. L. 99–514, title XVIII, § 1883(a)(10), Oct. 22, 1986, 100 Stat. 2916
1987Pub. L. 100–203, title IX, §§ 9009, 9010(a), (e)(2), Dec. 22, 1987, 101 Stat. 1330–293, 1330–294
1988Pub. L. 100–647, title VIII, §§ 8001(a), 8006, Nov. 10, 1988, 102 Stat. 3778, 3781
1989Pub. L. 101–239, title X, §§ 10101, 10305(c), (d), Dec. 19, 1989, 103 Stat. 2471, 2483
1990Pub. L. 101–508, title V, §§ 5102, 5103(a), (b)(2)–(5), 5118(a), Nov. 5, 1990, 104 Stat. 1388–250, 1388–251, 1388–278
1994Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(a)(4)(A), title III, § 321(a)(19), (f)(1), Aug. 15, 1994, 108 Stat. 1478, 1499, 1537, 1540
1996Pub. L. 104–121, title I, §§ 102(b)(2), 105(a)(1), Mar. 29, 1996, 110 Stat. 848, 852
1999Pub. L. 106–170, title I, § 112(a), Dec. 17, 1999, 113 Stat. 1881
2004Pub. L. 108–203, title II, § 211(b), Mar. 2, 2004, 118 Stat. 518
2015Pub. L. 114–74, title VIII, §§ 812(a), 825(a), Nov. 2, 2015, 129 Stat. 602, 610
2020Pub. L. 116–250, § 2(a), Dec. 22, 2020, 134 Stat. 1128.

Show as published

(Aug. 14, 1935, ch. 531, title II, § 223, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 815; amended Pub. L. 85–840, title II, §§ 202, 204(b), Aug. 28, 1958, 72 Stat. 1020, 1021; Pub. L. 86–778, title III, § 303(f), title IV, §§ 401(a), (b), 402(a)–(d), 403(b), Sept. 13, 1960, 74 Stat. 964, 967, 969; Pub. L. 87–64, title I, § 102(b)(2)(B), (C), (c)(2)(C), (3)(D), (E), June 30, 1961, 75 Stat. 134, 135; Pub. L. 89–97, title III, §§ 302(e), 303(a)(2), (b)(3), (4), (c), 304(m), (n), 328(c), 344(b)–(d), July 30, 1965, 79 Stat. 366, 367, 370, 400, 413; Pub. L. 90–248, title I, §§ 105(b), 158(a), (b), (c)(6)–(8), Jan. 2, 1968, 81 Stat. 833, 867–869; Pub. L. 92–603, title I, §§ 104(c), (d), 116(a), 117(b), 118(a), Oct. 30, 1972, 86 Stat. 1340, 1350, 1351; Pub. L. 95–216, title III, § 335, Dec. 20, 1977, 91 Stat. 1547; Pub. L. 96–265, title I, § 102(b), title III, §§ 302(a)(1), 303(b)(1)(A), (2)(A), 306(c), 309(a), June 9, 1980, 94 Stat. 443, 450, 451, 453, 458, 459; Pub. L. 96–473, § 5(a)(1), (c), Oct. 19, 1980, 94 Stat. 2264, 2265; Pub. L. 97–123, § 6, Dec. 29, 1981, 95 Stat. 1664; Pub. L. 97–455, § 2, Jan. 12, 1983, 96 Stat. 2498; Pub. L. 98–21, title II, § 201(c)(1)(E), (3), title III, §§ 309(o), 332(b), 339(b), Apr. 20, 1983, 97 Stat. 109, 117, 129, 134; Pub. L. 98–118, § 2, Oct. 11, 1983, 97 Stat. 803; Pub. L. 98–369, div. B, title VI, §§ 2661(m), 2662(c)(2), (i), 2663(a)(16), July 18, 1984, 98 Stat. 1158–1160, 1165; Pub. L. 98–460, §§ 2(a), 3(a)(1), 4(a)(1), 7(a), 9(b)(1), Oct. 9, 1984, 98 Stat. 1794, 1799, 1800, 1803, 1805; Pub. L. 99–272, title XII, § 12107(b), Apr. 7, 1986, 100 Stat. 286; Pub. L. 99–514, title XVIII, § 1883(a)(10), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100–203, title IX, §§ 9009, 9010(a), (e)(2), Dec. 22, 1987, 101 Stat. 1330–293, 1330–294; Pub. L. 100–647, title VIII, §§ 8001(a), 8006, Nov. 10, 1988, 102 Stat. 3778, 3781; Pub. L. 101–239, title X, §§ 10101, 10305(c), (d), Dec. 19, 1989, 103 Stat. 2471, 2483; Pub. L. 101–508, title V, §§ 5102, 5103(a), (b)(2)–(5), 5118(a), Nov. 5, 1990, 104 Stat. 1388–250, 1388–251, 1388–278; Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(a)(4)(A), title III, § 321(a)(19), (f)(1), Aug. 15, 1994, 108 Stat. 1478, 1499, 1537, 1540; Pub. L. 104–121, title I, §§ 102(b)(2), 105(a)(1), Mar. 29, 1996, 110 Stat. 848, 852; Pub. L. 106–170, title I, § 112(a), Dec. 17, 1999, 113 Stat. 1881; Pub. L. 108–203, title II, § 211(b), Mar. 2, 2004, 118 Stat. 518; Pub. L. 114–74, title VIII, §§ 812(a), 825(a), Nov. 2, 2015, 129 Stat. 602, 610; Pub. L. 116–250, § 2(a), Dec. 22, 2020, 134 Stat. 1128.)