text:
Page:United States Statutes at Large Volume 86.djvu/1376

 1334

64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. Post, p. 1352.

72 Stat. 1017; Ante, p. 411.

Ante, p. 1333. Ante, p. 406.

Ante, p. 410.

42 USC 423. Ante, p. 412.

Ante, p. 4 1 1. "Primary insurance amount.

Ante, p. 1333. Ante, p. 411.

Ante, p. 412

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

of which he is credited with wages (including wages deemed to be 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 is determined under section 215(a)(3) and such primary insurance amount does not appear in column IV of the table in (or 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 amou^^t 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 section 223 for the month before the effective month of a new table (whether enacted by another law or deemed to be such 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 appears his primary insurance amount for the month before the effective month of the table (as determined under subsection (c)) instead of the amount in column IV equal to the primary insurance amount on which his disability insurance benefit is based. For purposes of this paragraph, the term 'primary insurance amount' with respect to any individual means only a primarv 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 (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 2 1 5 (i)(2)(A) ( i i) of such Act is amended by striking out "mi'ler this title" and inserting in lieu thereof "under this title (but not including a primarv insurance amount determined under subsection ( a H 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

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Page:United States Statutes at Large Volume 86.djvu/1377

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

Act and for the following month siich prinuiiy insurance amount is increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215 (a), such individuaPs old-age or disability insurance benefit (beginning with the elective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insirr-ance amount and the primary insurance amount on which such benefit M-as based for the month prior to such effective month, after the application of section 202(q) of such Act where applicable, to sirch difference. (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 Avhen 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.

1335 ^"'®' P- ^333. Ante, p. 410.

^°s^ pp. 1336Effective date. 53 Stat. i362. ''^ ^^^ '*°^'

iN("KEAsr-:D WIDOW'S AND WIDOWER'S INSURANCE B E N E F I T S

SEC. 102. (a)(1) Section 202(e)(1) of the Social Security Act is 79 Stat. 376; amended— Posf, p. i348. (A) by striking out "821/2 percent of" wherever it appears; 42 USC 402. (B) by striking out "entitled, after attainment of age 62, to Avife'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 ^'^ ^^'^ ^'^^• (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 J 5 Stat. 131; iiisur-ance 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 Avidow's insurance benefits under this subsection) w-as, 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 widoAV or surviving divorced Avife (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 (({)) for such month if such individual A\^ere still liA'ingf, and "(ii) 82i/> per-cent of the primary insurance amount of such deceased individual, be reduced to the amount r-eferr-ed 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— 8i^stfl^82t^^' (A) by striking out "82i/> percent of" AAiier-ever it appears; Post^p. 1336. (B) by strikirijr 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 82-081 O - 73 - 87

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Page:United States Statutes at Large Volume 86.djvu/1378

 PUBLIC LAW 92-603-OCT. 30, 1972

1336

Widower's benefits. 75 Stat. 138; 79 Stat. 404. 42 USC 402. 75 Stat. 131; 79 Stat. 368.

74 Stat. 954; 81 Stat. 832. 42 USC 403.

ti' 38U

81 Stat. 832; Post, p. 1343.

70 Stat. 814; 79 Stat. 404. Ante, p. 1335; Supra, Benefit reductions. 79 Stat. 374; 81 Stat. 830. 42 USC 402.

81 Stat. 831.

[86 STAT.

(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 selfemployment 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) 821^ 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) % of 1 percent of such amount if such benefit is an old-age insurance benefit, 2%g of 1 percent of such amount if such j | benefit is a wife's or husband's insurance benefit, or i%o 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 inxu

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Page:United States Statutes at Large Volume 86.djvu/1379

 86

STAT.]

PUBLIC LAW 92-60a-OCT. 30, 1972

"(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), 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)), shall be further reduced by— " (C) 4%4Q 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 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— (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' 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' 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

1337 Infra.

75 Stat. 131; 79 Stat. 368. 42 USC 402.

81 Stat. 8 3 1.

75 Stat. 131; 79 Stat. 368, 369, 374.

"Adjusted reduction period." "Additional adjusted reduction period."

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text:
Page:United States Statutes at Large Volume 86.djvu/1380

 1338

PUBLIC LAW 92-603-OCT. 30, 1972 ., ^

"Retirement ^^7*9 Stat. 375. 42 USC 402. Ante, p. 1337.

' 68 Stat. 1073;

[86 STAT.

(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 sucih 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:

72 Stat. 1017.

"Minimum Survivor's Benefit

64 Stat. 487.

Ante,

p. 1336.

Ante,

p. 406.

Ante, 336.

PP. 1335,

81 Stat. 831. Supra.

Ante. p. 412.

^/l^st^y/i;

53 Stat. 1362.

42 USC 4 0 1.

" (m)(1) I n 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 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 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 in (or deemed to be in) section 215(a), except as provided in paragraph (2). "(2) I n the case of any such individual who is entitled to a monthly 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 (q)(1) as if retirement age as specified in spbsection (q)(6)(A) (ii) were age 62 instead 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) I n 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 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) 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 of the Social Security Act as if the amendments made by this section had been m effect for the first month of such individual's entitlement to such benefits.

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Page:United States Statutes at Large Volume 86.djvu/1381

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

1339

(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 ^4 Stat. 953 42 USC 4 0 3. referred to m paragraph (1) tor any month prior to September 1965, shall be disregarded in applying the provisions of Ante, p. 1337. section 202(q)(7) of such Act (as amended by this Act). (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 incx)me of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and ,^"^^' ^^' ^^^^ 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 selfemployment income for January 1973 is reduced by reason of 72 1017; section 203(a) of such Act, as amended by this Act (or would, but Ante, Stat. 410. p. 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. after December 1972. '^ "«^ '^'• DELAYED RETIREMENT CREDIT

SEC. 103. (a) Section 202 of the Social Security Act is amended by ^4 Stat. 482; adding after subsection (v) thereof the following: ^^ ^*^*" ^^^' "Increase in Old-Age Insurance Benefit Amounts on Account of Delayed Retirement " (w)(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 13^8'^' ^^' ^^^^" insurance benefit (other than a benefit based on a primary insurance amount determined under section 215(a)(3)) whicn is payable with- Ante, p. 1333, out regard to this subsection to such individual shall be increased by— " (A) 142 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—

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text:
Page:United States Statutes at Large Volume 86.djvu/1382

 rv 1340

Infra.

74 Stat. 953. 42 USC 403.

70 Stat. 818. 42 USC 202. Ante, p. 415.

Ante, p. 1339. Effective date. 53 Stat. 1362. 42 USC 401.

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

" (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 defined in section 214(a)), and ' "(ii) such individual either was not entitled to an old-age insurance benefit or suffered deductions under section 2 0 3 (D) 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 totalnumber 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 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 determined under section 202(w)) ". (d) The amendments made by this section shall be applicable Tvith respect to old-age insurance benefits payable under title II of the Social Security Act for months beginning after 1972. AGE-6 2 COMPUTATION POINT FOR MEN

75 Stat. 137. 42 USC 414.

42 USC 415.

74 Stat. 967; Post, p. 1351. 42 USC 423.

42 USC 427. Supra.

SEC. 104. (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 m a n) ", (2) by striking out "m 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 m a n) ". (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 in lieu thereof "paragraph (1) thereof".

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Page:United States Statutes at Large Volume 86.djvu/1383

 86

STAT.]

PUBLIC LAW 92-603-OCT. 30, 1972

(g) Sections 20i)(i) and 216(1)(3)(A), of such Act are amended by striking o u t " (if a woman) or age 65 (if a man) '\ (h) Section 303(g)(1) of the Social Security Amendments of 1960 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" wdierever 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: "(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 amendinent made by subsection (i), and the amendment made by subsection (g) to section 209(i) of the Social Security Act) shall apply only in Mie 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 case of a man who attains age 62 prior to 1975, the numbev of his elapsed years for purposes of section 215(b) ( 3; of the Social Security Act shall be equal to (A) the number determined 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 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 case 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) (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".

1341 42 USC 409, 416. 42 USC 415 note.

70 Stat. 839. 26 USC 3121.

Effective dates^

Ante, p. 1340.

53 Stat. 1362. 42 USC 401.

Ante, p. Supra.

1340;

LIBERALIZATIOX AXI) AUTOMATIC ADJUSTMENT OF EARXIXGS TEST

SEC. 105. (a)(1) Paragraphs (1) and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out "$140" and 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 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:

42 USC 403.

Post, p. 1342.

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Page:United States Statutes at Large Volume 86.djvu/1384

 1342 Ante, p. 1334. Publication in Federal Register.

Ante, p. 417.

Estimated increase, notice to congressional committees.

Effective date.

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

"(8)(A) Whenever the Secretary pursuant to section 215(i) increases benefits effective with the first month of the calendar year 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, w4th 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 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. 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. EXCLUSION OF CERTAIN EARNINGS IN YEAR OF ATTAINING AGE 72

SEC. 106. (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)".

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(b) The amendment made by subsection (a) shall apply with respect to taxable years ending after December 1972.

1343 Effective date.

REDUCED BENEFITS FOR WIDOWERS AT AGE 60

SEC. 107. (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 ^"'®' P- ^336. "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 si Stat. 832; "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 ^ use 425. inserting in lieu thereof "age 60". (c) The amendments made by this section shall apply with respect Effective date. 53 Stat. 1362. to monthly benefits under title II of the Social Security Act for 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. ENTITLEMENT TO C H I L D ' S INSURANCE BENEFITS BASED ON DISABILITY WHICH BEGAN BETWEEN AGE 18 AND 2 2

SEC. 108. (a) Clause (ii) of section 2 0 2 (d)(1)(B) of the Social Security Act is amended by striking out "which began before he 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 fulltime 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

79 Stat. 370. 42 USC 402.

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[86 STAT.

ti ' 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 fulltime 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." Ante, p. 1343. (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 42 us^c'42^3 definition of disability in section 223(d) except for paragraph (1)(B) thereof for any month in which he engages in substantial gainful activity." 42 USC 402. (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 •v! " (B) is under a disability (as so defined) which began before ...). vnk 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 rentitlement. Such rentitlement 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 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 fulltime 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). Effective dates. (f) xiie 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
 * . he is a full-time student or (ii) the month in which he attains

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1345

(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- 42 USC 402, employment income for January 1973 is reduced by reason of '^^^' section 203(a) of such Act as amended by this Act (or would, ^"'^' P- '*^^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). ' 'T: CONTINUATION OF C H I L D ' S BENEFITS THROUGH END OF SEMESTER

SEC. 109. (a) Paragraph (7) of section 202(d) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: " (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 m 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 respect to benefits payable under title II of the Social Security Act for months after December 1972.

^^ us c 402

Effective date. 53 Stat. 1362.

C H I L D ' S BENEFITS I N CASE OF CHILD ENTITLED ON MORE THAN ONE WAGE RECORD

SEC. 110. (a) Section 202(k)(2)(A) of the Social Security Act is amended to read as follows: "(2)(A) Any child who under the preceding provisions 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

64 Stat. 482.

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[86 STAT.

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." Effective date. (jj) The amendment made by subsection (a) shall apply only with 53 Stat. 1362. rcspect to monthly benefits under title II of the Social Security Act 42 USC 401. fQj. months after December 1972. ADOPTIONS BY DISABILITY A N D OLD-AGE INSURANCE B E N E F I C I A R I E S Ante, 1345.

pp. 1343-

SEC. 111. (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 m 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 cuse 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."

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(b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act 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 in which this Act is enacted.

1347 Effective date. ^3 Stat. i362. '^^ "^^ "

CHILD'S INSURANCE BENEFITS NOT TO BE TERMINATED BY REASON OF ADOPTION

SEC. 112. (a) Paragraph (1)(D) of section 202(d) of the Social Security Act is amended by striking out "marries" and all that follows and inserting in lieu thereof "or marries,". (b) The amendment made by subsection (a) shall apply only with 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.

H use 402 / Effective date.

BENEFITS FOR CHILD BASED ON EARNINGS RECORD OF GRANDPARENT

SEC. 113. (a) The first sentence of section 216(e) of the Social Security Act is amended— (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 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 oldage 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 new paragraph:

74 Stat. 950. 42 USC 4i6.

^2 USC 423.

'^"'®' P- ^^'*^-

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[86 STAT.

"(9)(A) A child who is a child of an individual under clause (3) Ante, p. 1347. ^ j ^j^^, ^^^ 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 sub42 USC 416. paragraph (1)(C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least onehalf 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) I n 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 i^ 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." Effective date. (g) 'j'j^g amendments made by this section shall apply with respect S3 Stat. 1362. to monthly benefits payable under title II of the Social Security Act 42 USC 401. Qj. jjionths after December 1972, but only on the basis of applications filed on or after the date of the enactment of this Act. ELIMINATION OF SUPPORT REQUIREMENT AS CONDITION OF BENEFITS FOR DIVORCED A N D SURVIVING DIVORCED WIVES

II ITc 4o'2.'

^ ^ ^ - 1 ^ ^ - (^) Section 202(b)(1) of the Social Security Act is further amended— (1) by adding "and" at the end of subparagraph (C), Vi? '.! ^, (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. Post ^*^*is^^o' (^^ Section 202 (e]) (6) of such Act is amended by striking out "para°^ ' ^' ' graph (1)(G) " and inserting in lieu thereof "paragraph (1)(F) ". 79 Stat. 378. (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. Effective date. (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 r2°usc'423^^' ^^ 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

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(2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202(g) as a surviving divorced mother (as defined in section 216(d)(3)) for a month after December 1972 on the basis of such wages and selfemployment 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 selfemployment income for any month after December 1972 is reduced by reason of section 203(a) of such Act as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each 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 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

1349 Ante, p. 1348. 79 Stat. 377. 42 USC 4 1 6.

42 USC 402, 423. Ante, pp. 1334, 1340; Post, p. 1370.

WAIVER OF D U R A T I O N - O F - RELATIONSHIP REQUIREMENT FOR W^DOW, W I D OWER, OR S T E P C H I L D I N CASE OF REMARRIAGE TO THE SAME I N D IV I D U A L

SEC. 115. (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 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)), 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 steochild 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 (1)(A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries."' (c) 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 in or after the month in which this Act is enacte<l.

81 Stat. 866; Post, p. 1370. 42 USC 416.

42 USC 410.

Effective date. 53 Stat. 1362. 42 USC 4 0 1.

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[86 STAT.

REDUCTION FROM 6 TO 5 MONTHS OP WAITING PERIOD FOR DISABILITY BENEFITS

42 USC 423.

Ante,p.i348.

81 Stat. 830. 49imf^409

79 Stat. 367. 42 USC 416.

42 USC 405.

53 sta^. 1362. ^o.,o^ ^n,

42 USC 401.

SEC. 116. (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— v / \ /

(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(1)(2)(A) of such Act is amended by striking out UQ„ ^^^ 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 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 Act shall be payable or increased by reason of the amendments made ^^ ^^^^ section for any month before January 1973. ELIMINATION OF DISABILITY INSURED-STATUS REQUIREMENT OF SUBSTANTIAL RECENT COVERED WORK IN CASE OF INDIVIDUALS WHO ARE BLIND

42 USC 416.

SEC. 117. (a) The first sentence of section 216(i)(3) of the Social 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".

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1351

(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 ^^^^^^ ''"341 section 216(i) of such Act, filed— 1350, infra. (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 53 Act shall be payable or increased by reason of the amendments made 42 Stat. 41362. u s e 01. by this section for months before January 1973. APPLICATION S FOR DISABILITY INSURANCE B E N E F I T S F I L E D AFTER D E A T H OF I N S U R E D

INDIVIDUAL

SEC. 118. (a)(1) Section 223(a)(1) of the Social Security Act is ^2 USC 423. amended by adding at the end thereof the following new sentence: ''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." (2) Section 223(a)(2) of such Act is amended by striking out "he >!"'«' P- '340. 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 2 2 3 (c)(2)(A) of such Act is amended by striking ^^'e, 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 ^^ use 4i6. 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 ^^ "^^ '*°^' Avhose 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.

82-081 0 - 7 3

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...

.;

[86 STAT.

W O R K M E N ' S C O M P E X S A T I O X OFFSET FOR DISABILITY INSURANCE BENEFICIARIES

SEC. Hi), (a) The next to last sentence of section 224(a) of the 42 USC 424a. Social Securlty Act is amended— (1) by striking out "larger'' and inserting in lieu thereof "largest", (2) by striking out "or" before " (B) ' ', and (8) by inserting before the period at the end thereof the following: ", or (C) one-twelfth of the total of his wages and selfemployment income (computed without regard to the limitations Ante, p. 417, 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 dis42 USC 423. abled (as defined in section 223(d)) and the five years preceding that year". ..; i. V (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)". Effective date. (g) 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. Act for moutlis after December 1972. 42 USC 401. WAGE CREDITS FOR MEMBERS OF THE ITNIFORMED SERVICES

81 Stat. 833.

g^^, 120. (a) Subsection 229(a) of the Social Security Act ia

42 USC 429.

J:\

^;.,.,,«.

Effective date.

..

.

42 USC 429. 42 USC 401. 42 USC 415. jxi >?t.

,

'

^

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 " ( i n addition to the wages actually paid to him for such service)" and inserting in lieu thereof "of $300." (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 to whom section 229 of such Act applies, to monthly benefits under title II of such Kct 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 the provisions of section 215 (bj 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.

 * a - !,v - o rw- S8

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.

1353

O m O X A L DETERMINATION OF S E L F - EMPLOYMENT E A R N I N G S

SEC. 121. (a)(1) Section 211(a) of the Social Security Act is Post, pp. 1357. amended by adding at the end thereof the following new paragraph: ^^42^use 411. "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 ^"''•^• 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 selfemployment 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 m no case in which an individual elects to determine th6 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." 502; (2) Section 211 of such Act is amended by adding at the end thereof 7264 Stat. 1036. Stat. the following new subsection: "Regular Basis " (g) 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 135°^''^^-^^"' (relating to definition of net earnings from self-employment) is 26 USC 1402. 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 busi,,,_^'' ness (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 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 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."

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 1354 68A Stat. 3 5 3; 79 Stat. 3 9 1. 26 USC 1402. 26 USC 14011403.

PUBLIC LAW 92-603-OCT. 30, 1972

[86

STAT.

(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: "Regular Basis

Effective date.

"(i) A n 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. P A Y M E N T S BY E M P L O Y E R TO SURVIVOR OR ESTATE OF FORMER E M P L O Y E E

64 Stat. 492; !1 Stat. 9 3 5. 42 USC 4 0 9.

68A Stat. 417; 81 Stat. 934. 26 USC 3 1 2 1.

Effective date.

SEC. 122. (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. COVERAGE FOR VOW-OF-POVERTY M E M B E R S OF RELIGIOUS ORDERS

64 Stat. 494; 68 Stat. 1052. 42 USC 4 1 0.

Infra.

Supra. 26 USC 3 1 0 1.

SEC. 123. (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 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 meriiber belongs". (b) Section 3121 of such Code (definitions relating to Federal 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

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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 to services performed by its monbers 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 waoes of each member, upon which such order or subdivision shall pay the taxes imposed by sections 3101 and 3111, will be del;ermined as provided in subsection (i)(4). "(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 Avho 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 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 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

1355

'^^ ^^^ '^'^^•

^°«'' PP- ^362-

^ ^"f^' P- I3S4.

26 USC eesi.

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[86 STAT.

"(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.—Not-

withstanding 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 notM'ithstandingthe provisions of subsection (k)(3)." Ante, p. 1354; (c)(1) Section 209 of the Social Security Act is amended by adding Post, p. 1365. ,^^ ^j^^ ^^^ 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(r) 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 provisions of subsection (a) of this section, 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 individuars remuneration under this paragraph shall not be less than $100 a month.'' 7oStat.^878; (2) Section 3121(i) of the Internal Revenue Code of 1954 (relating 26 USC 3121. * o computation of wages in certain cases) is amended by adding at ^ the end thereof the following new paragraph: "Wages." "(4) SERVICE PERFORMED BY CERTAIN MEMBERS OF RELIGIOUS ORDERS.—For purposes of this chapter, in any case 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

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1357

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." SELF-EMPLOYMENT INCOME OF CERTAIN INDIVIDUALS TEMPORARILY L IV I N G OUTSIDE THE UNITED

STATES

SEC. 124. (a) Section 211(a) of the Social Security Act is amended— ^'^*^' P- ^^sa. (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) I n 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 9i i. (b) Section 1402(a) of the Internal Revenue Code of 1954 (relat- Ante, p. 1353; ing 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. COVERAGE O F FEDERAL H O M E LOAN B A N K

EMPLOYEES

SEC. 125. (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 ^2 USC 4io. 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,,^°*'' PP- ^^^2performed in the employ of Federal home loan banks after the 1364. 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 pro- Ante, p. 419. vided 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.

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[86 STAT.

POLICEMEX AND F I R E M E N I N IDAHO

42 USC 418.

PUBLIC LAW92-603-OCT. 30, 1972

..

SEC. 126. Section 218(p)(1) of the Social Security Act is amended by inserting "Idaho," after "Hawaii,". f, ^ ^<.,.. . «,,,.. COVERAGE OF CERTAIN H O S P I T A L E M P L O Y E E S I N N E W M E X I C O

,

SEC. 127. 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. COVERAGE OF CERTAIN E M P L O Y E E S OF THE GOVERNMENT

42 USC 410.

OF GUAM

SEC. 128. (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 (D) 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 - - • 3tvi; 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;". r/stat'^as"*' (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 is 26 USC 3121. 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; .,j, ., except that (i) the provisions of this subparagraph shall not ' t, 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;". Effective date. (Q) 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.

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COVERAGE E X C L U S I O N OF S T U D E N T S E M P L O Y E D BY N O N P R OF I T ORGANIZATIONS A U X I L I A R Y TO SCHOOLS, COLLEGES, A N D U N IV E R S I T I E S

SEC. 129. (a)(1) Section 210(a) (10)(B) of the Social Security Act ^2 USC 4io. is amended to read as follows: " (B) Service performed in the employ of— " (i) a school, college, or university, or 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: ^^^ Stat. 417; " (B) service performed in the employ of— 26 USC 3121. " (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, exdlusively lor 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. P E N A L T Y FOR F U R N I S H I N G FALSE INFORMATION TO OBTAIN SOCIAL SECUR I T Y ACCOUNT N U M B E R FOR DECEPTIVE PRACTICES INVOLVING SECURITY ACCOUNT
 * '(ii) an organization described in section 509(a)(3) of

SOCIAL

NUMBERS

S E C 130. (a) Section 208 of the Social Security Act is amended by 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 re(]^uired by the Secretary in connection with the establishment and maintenance of the records provided for in section 205(c)(2); or

^2 Stat. 1034. '* "^^ '^^^'

Post, p. 1364.

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"(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;". Effective date. (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., ': '.':!^'-

IXCREASE OF AMOUNTS IX TRUST FUNDS AVAILABLE TO PAY COSTS OF REHABILITATION SERVICES

SEC. 131. The first sentence of section 222(d)(1) of the Social 79 Stat. 408; Secuiity Act (as amended by section 107(b)(4) of this Act) is further Ante, p. 1343. 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, X. "(iii) 1.5 percent in the fiscal year ending June 30, 1974, and thereafter. Ante, pp. 1343- of the total of the benefits under section 202(d) for children who 1347. have attained age 18 and are under a disability". A C C E P T A N C E OF M O N E Y G I F T S MADE UNCONDITIONALLY TO SOCIAL SECURITY

SEC. 132. (a) The second sentence of section 201(a) of the Social Security Act is amended by inserting after "in addition," the follow42 USC 401. ing: "such gifts and bequests as may be made as provided in subsection Infra. (i)(l),and". Post. p. 1364. (b) The second sentence of section 201(b) of such Act is amended .' '.5B?,: ^y inserting after "consist of" the following: "such gifts and bequests i:. j^'j i- 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

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text:
Page:United States Statutes at Large Volume 86.djvu/1403

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

1361

SupplementaiT 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 by inserting after "consist of" and before "such amounts" the following: "such gifts and bequests as may be made as provided in section 2 0 1 (i)(l), and". (e) The second sentence of section 1841(a) of such Act is amended by inserting after "consist of" and before "such amounts" the following: "such gifts and bequests as may be made as provided in section 2 0 1 (i)(l), and". (f) The amendments made by this section shall apply with respect to gifts 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. P A Y M E N T I N CERTAIN CASES OF DISABILITY INSURANCE B E N E F I T S

H ^^^' ^^^^^ Ante, p. laeo. 42 USC i39st.

Effective date.

•*

WITH

RESPECT TO CERTAIN PERIODS OF DISABILITY 1

SEC. 133. (a) If an individual would (upon the timely filing of an - J:.. application for a disability determination under section 216(i) of the Social Security Act and of an application for disability insurance I^^Q^^I^S. 1341, 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 ^2 USC 40i. 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

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