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Public Law 90-248 AN ACT To amend the Social Security Act to provide an increase in benefits under the old-age, survivors, and disability insurance system, to provide benefits for additional categories of individuals, to improve the public assistance program and programs relating to the welfare and health of children, and for other purposes.

January 2, 1968 [H. R. 12O8O]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act, with sociai security the following table of contents, may be cited as the "Social Security ^^^^_ ""^^ Amendments of 1967''. TABLE OF CONTEXTS TITLE I—OLD-AGE, SURVIVORS, DISABILITY, AND H E A L T H INSURANCE PAKT 1 — B E N E F I T S UNDER THE OLD-AGE, SUKVIVORS, AND DISABILITY INSURANCE PROGRAM

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111.

Increase in old-age, survivors, and disability Insurance benefits. Increase in benefits for certain individuals age 72 and over. Maximum amount of a wife's or husband's insurance benefit. Benefits to disabled widows and widowers. Insured s t a t u s for younger disabled workers. Benefits in case of members of the uniformed services. Liberalization of earnings test. Increase of earnings counted for benefit and tax purposes. Changes in tax schedules. Allocation to disability insurance t r u s t fund. Extension of time for filing application for disability freeze where failure to make timely application is due to incompetency. Sec. 112. Benefits for certain adojjted children. PART 2—COVERAGE UNDER THE OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE PROGRAM

Sec. 115. Coverage of ministers. Sec. 116. Coverage of State and local employees. Sec. 117. Inclusion of Illinois among States permitted to divide their retirement systems. Sec. 118. Taxation of certain earnings of retired partner. Sec. 119. Inclusion of P u e r to Rico among States permitted to include firemen and policemen; validation of certain past coverage in the State of Nebraska. Sec. 120. Coverage of firemen's positions pursuant to a State agreement. Sec. 121. Validation of coverage erroneously reported. Sec. 122. Coverage of fees of State and local government employees a s selfemployment income. Sec. 123. Family employment in a p r i v a t e home. Sec. 124. Termination of coverage of employees of the Massachusetts Turnpike Authority. PART 3 — H E A L T H INSURANCE B E N E F I T S

Sec. 125. Method of payment to physicians under supplementary medical insurance program. Sec. 126. Elimination of requirement of physician certification in case of certain hospital services. Sec. 127. Inclusion of podiatrists' services under supplementary medical insurance program. Sec. 128. Exclusion of certain services. Sec. 129. Transfer of all outpatient hospital services to supplementary medical insurance program. Sec. 130. Billing by hospital for services furnished to outpatients. Sec. 131. Payment of reasonable charges for radiological or pathological services furnished by certain physicians to hospital inpatients. Sec. 132. Payment for purchase of durable medical equipment. Sec. 133. Payment for physical therapy services furnished to outpatients. Sec. 134. Payment for certain portable X-ray services. Sec. 135. Blood deductibles.

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PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

TABLE OF CONTENTS—Continued TITLE I—OLD-AGE, SURVIVORS, DISABILITY, AND H E A L T H INSURANCE—Continued I'AKT 3 — H E A L T H

INSURANCE

BENEFITS—Continued

Sec. 136. Enrollment under supplementary medical insurance program based on alleged date of a t t a i n i n g age 65. Sec. 137. Extension by 60 days during individual's lifetime of maximum duration of benefits for inpatient hospital services. Sec. 138. Limitation on special reduction in allov\-able days of inpatient hospital services. Sec. 13J), Transitional provision on eligibility of presently uninsured individuals for hospital insurance benefits. Sec. 1-iO. Advisory Council to study coverage of the disabled under title X VIII of the Social Security Act. Sec. 141. Study to determine feasibility of inclusion of certain additional services under part B of title X VIII of the Social Security Act. Sec. 142. Provisions for benefits under part A of title X VIII of the Social Security Act for services to p a t i e n t s a d m i t t e d prior to 1968 to certain hospitals. Sec. 143. Payments for emergency hospital services. Sec. 144. Payment under supplementary medical insurance program for certain inpatient ancillary services. See. 145. General enrollment period under title X VIII. Sec. 146. Elimination of special reduction in allowable days of inpatient hospital services for patients in tuberculosis hospitals. PART 4—MISCELLANEOUS AND T E C H N I C A L

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

AMENDMENTS

150. 151. 152. 153. 154. 155.

Eligibility of adopted child for monthly benefits. Criteria for determining child's dependency on mother. Recovery of overpayments. Benefits paid on basis of erroneous reports of death in military service. Underpayments. Simplification of computation of p r i m a r y insurance a m o u n t and quart e r s of coverage in case of 1937-1950 wages. 156. Definitions of vpidow, widov^^er, and stepchild. 157. H u s b and ' s and widower's insurance benefits without requirement of wife's currently insured status. 158. Definition of disability. 159. Disability benefits affected by receipt of workmen's compensation. 160. Extension of time for filing reports of earnings. 161. Penalties for failure to file timely reports of e a r n i n g s and other events. 162. Limitation on payment of benefits to aliens outside the United States. 163. Benefits for certain children. 164. Transfer to Health Insurance Benefits Advisory Council of National Medical Review Committee functions; increase in Council's membership. 165. Advisory Council on Social Security. 166. Reimbursement of civil service retirement a n n u i t a n t s for certain premium payments under supplementary medical insurance program. 167. Appropriations to supplementary medical insurance t r u s t fund. 168. Disclosure to courts of whereabouts of certain individuals. 169. Report s of boards of trustees to Congress. 170. General saving provision. 171. Expedited benefit payments. 172. Definition of blindness. 173. Attorneys fees for claimants. TITLE II—PUBLIC W E L F A R E AMENDMENTS PAKT 1—PUBLIC ASSISTANCE

AMENDMENTS

Sec. 201. Program s of services furnished to families w i t h dependent children. Sec. 202. E a r n i n g s exemption for recipients of aid to families w i t h dependent children. Sec. 203. Dependent children of unemployed f a the r s. Sec. 204. W o r k incentive program for recipients of a i d under part A of title IV. Sec. 205. Federal participation in payments for foster care of certain dependent children. Sec. 206. Emergency assistance for certain needy families w i t h children.

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Page:United States Statutes at Large Volume 81.djvu/857

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PUBLIC LAW 90-248-JAN. 2, 1968 TABLE OF CONTENTS—Continued

TITLE II — P U B L I C W E L F A R E AMENDMENTS—Continued P A R T 1—PUBLIC ASSISTANCE

AMENDMENTS—Continued

Sec. 207. Protective payments and vendor payments w i t h respect to dependent children. Sec. 208. Limitation on number of children with respect to whom Federal payments may be made. Sec. 209. Federal participation in payments for r e p a i r s to home owned by recipient of aid or assistance. Sec. 210. Use of subprofessional staff and volunteers in providing services to individuals applying for and receiving assistance. Sec. 211. Location of certain p a r e n t s who desert or abandon dependent children. Sec. 212. Provision of services by others than a State. Sec. 213. Authority to disregard additional income of recipients of public assistance. P A R T 2—MEDICAL A S S I S T A N C E AMENDMENTS

Sec. 220. Limitation on Federal participation in medical assistance. Sec. 221. Maintenance of State effort. Sec. 222. Coordination of title X IX and the supplementary medical insurance program. Sec. 223. Modification of comparability provisions. Sec. 224. Required services under State medical assistance plan. Sec. 225. E x t e n t of Federal financial participation in certain administrative expenses. Sec. 226. Advisory council on medical assistance. Sec. 227. F r e e choice by individuals eligible for medical assistance. Sec. 228. Utilization of State facilities to provide consultative services to institutions furnishing medical care. Sec, 229. Payments for services and c a r e by a t h i r d party. Sec. 230. Direct payments to certain recipients«of medical assistance. Sec. 231. Date on which State plans under title X IX m u s t meet certain financial participation requirements. Sec. 232. Observance of religious beliefs. Sec. 233. Coverage under title X IX of certain spouses of individuals receiving cash welfare aid or assistance. Sec. 234. Standard s for skilled n u r s i n g homes furnishing services under State plans approved under title X IX. Sec. 235. Cost s h a r i n g and similar charges w i t h respect to inpatient hospital services furnished under title X IX. Sec. 236. State plan requirements regarding licensing of a d m i n i s t r a to r s of skilled n u r s i n g homes furnishing services under State plans approved under title X IX. Sec. 237. Utilization of c a r e and services furnished under title X IX. Sec. 238. Differences in standard s w i t h respect to income eligibility under title XIX. PAKT 3 — C H I L D - W E L F A R E

SERVICES AMENDMENTS

Sec. 240. Inclusion of child-welfare services in title IV. Sec. 241. Conforming amendments. PART 4—MISCELLANEOUS AND T E C H N I C A L AMENDMENTS

Sec. 245. Sec. 246. Sec. 247. Sec. 248. Sec. 249. Sec. 2.50.

Partial payments to States. Contracts for cooperative research or demonstration projects. P e r m a n e n t authority to support demonstration projects. Special provisions relating to P u e r to Rico, the Virgin Islands, and Guam. Approval of certain projects. Assistance in the form of institutional services in intermediate care facilities. TITLE III—IMPROVEMENT OF CHILD HEALTH

Sec. 301. Consolidation of s e p a r a t e program s under title V of the Social Security Act. Sec. 302. Conforming amendments. Sec. 303. 1968 authorization for m a t e r n i t y and infant care projects. Sec. 304. Use of subprofessional staff and volunteers. Sec. 305. Extension of due date for child mental health report. Sec. 306. Short title.

823

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[81 STAT.

T A B L E O F CONTENTS—Continued TITLE IV—GENERAL PROVISIONS 8ec. 401. Social work manpower and training. Sec. 402. Incentives for economy while maintaining or improving quality in the provision of health services. Sec. 403. Changes to reflect codification of title 5, United States Code. Sec. 404. Meaning of Secretary. Sec. 405. Study of retirement test and of drug standards and coverage. TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Extension of period for filing application for exemption by members of religious groups opposed to insurance. Sec. 502. Refund of certain overpayments by employees of hospital insurance tax. Sec. 503. Extension of time to provide assistance for United States citizens returned from foreign countries. Sec. 504. Exclusion from definition of wages of certain retirement, etc., payments under employer-established plans. TITLE I—OLD-AGE, SURVIVORS, DISABILITY, AND H E A L T H INSURANCE PART 1—BENEFITS UNDER THE OLD-AGE, SURVIVORS, AND DiSAiiiLiTv INSURANCE PROGRAM INCREASE I N OLD-AGE, SURVIVORS, A N D DISABILITY INSURANCE BENEFITS 79 Stat. 361. 42 USC 415.

SEC. 101. (a) Section 215(a) of the Social Security Act is amended by striking out the table and inserting in lieu thereof the following: "TABLE FOR DETERMINING PRIMARY INSURANCE AMOUNT AND MAXIMUM FAMILY B E N E F I T S II

"I

(Primary (Primary insurance benefit insurance under 1939 Act, as modiamount under 1965 lied) Act) If an individual's primary insurance benefit (as determined under subsec. Id)) is—

At least—

But not more than— $15.60

$16.61 16.21 16.85 17.61 18.41 19.25 20.01 20.65 21.29 21.89 22.29 22.69 23.09 23,45 23.77 24.21 24.61 25,01 25.49 25.93 26.41 26.95 27.47 28.01

16.20 16.84 17.60 18.40 19.24 20.00 20.64 21.28 21.88 22.28 22.68 23.08 23.44 23.76 24.20 24.60 25.00 25.48 25.92 26.40 26.94 27.46 28.00 28.68

Or his primary insurance amount (as determined under subsec. (c)) i s $48.00 or less 49.00 50.00 51.00 52.00 53.00 54.00 55.00 56.00 57.00 58.00 59.00 60.00 61.00 62.10 63.20 64.20 65.30 66.40 67.50 68.50 69.60 70.70 71.70 72.80

rv

III

(Average monthly wage)

V

(Primary in- (Maximum family surance benefits) amount)

Or his average monthly And the maximum yfa/ge (as determined The amount amount of beneunder subsec. (b)) is— referred to in fits payable (as the preceding provided in sec. paragraphs 203(a)) on the of this sub- basis of his wages But not section shall and self-employment income At least— more than— be— shall be— $74 $75 77 79 81 82 84 86 88 90 91 93 95 97 98 100 102 103 106 107 108 110 114 119 123

$55.00

$82.50

76 78 80 81 83 85 87 89 90 92 94 96 97 99 101 102 104 106 107 109 113 118 122 127

55.40 56.50 57.70 58.80 59.90 61.10 62.20 63.30 64.50 65.60 66.70 67.80 69.00 70.20 71.50 72.60 73.80 75.10 76.30 77.50 78.70 79.90 81.10 82.30

83.10 84.80 86.60 88.20 89.90 91.70 93.30 95.00 96.80 98.40 100.10 101.70 103.50 105.30 107.30 108.90 110.70 112.70 114.50 116.30 118.10 119.90 121.70 123.50

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" T A B L E F O K DETERMINING P K I M A R Y INSURANCE AJMOUNT A N D MAXIMUM FAMILY BENEFITS—Continued II (Primary insurance benefit under 1939 Act, as modifled)

If an individual's primary insurance benefit (as determined under subsec. (d)) I s -

A t least—

B u t not more than -

$28. 69 29.26 29.69 30.37 30.93 31.37 32.01 32.61 33.21 33.89 34.51 35.01 .35.81 36.41 37.09 37.61 38.21 39.13 39.69 40.34 41.13 41.77 42.45 43.21 43.77 44.45 44.89

$29.25 29.68 30.36 30.92 31.36 32.00 32.60 33.20 33.88 34.50 35.00 35.80 36.40 37.08 37.60 38.20 39.12 39.68 40.33 41.12 41.76 42.44 43.20 43.76 44.44 44.88 45.60

III

IV

(Primary insurance amount under 1965 Act)

(Average raontlily wage)

(Primary insurance amount)

Or his primary insurance amount (as determined under subsec. (c)) i s $73.90 74.90 76.00 77.10 78.20 79.20 80.30 8L40 82.40 83.50 84.60 85.60 86.70 87.80 88.90 89.90 9L00 92.10 93.10 94.20 95.30 96.30 97.40 98..50 99.60 100.60 101. 70 102.80 103.80 104.90 106.00 107.00 108.10 109.20 110.30 111. 30 112.40 113.60 114.50 115.60 116. 70 117. 70 118.80 119.90 121.00 122.00 123.10 124.20 125. 20 126.30 127.40 128.40 129.60 130.60 131. 70 132. 70 133.80 134.90 135.90 137.00 138.00 139.00 140.00 141.00 142.00 143.00 144.00 146.00 146.00 147.00 148.00 149.00 150.00 151.00

Or his average montiily wage (as determined under subsec. (b)) is—

A t least-

$128 133 137 142 147 151 156 161 166 170 175 179 184 189 194 198 203 208 212 217 222 226 231 236 240 245 250 2.54 259 264 268 273 278 282 287 292 296 301 306 310 316 320 324 329 334 338 343 348 362 367 362 366 371 376 380 385 390 394 399 404 408 413 418 422 427 432 437 441 446 451 455 460 466 469

B u t not more than -

$132

136 141 146 150 155 160 164 169 174 178 183 188 193 197 202 207 211 216 221 226 230 236 239 244 249 263 268 263 267 272 277 281 286 291 295 300 306 309 314 319 323 328 333 337 342 347 361 356 361 365 370 375 379 384 389 393 398 403 407 412 417 421 426 431 436 440 445 460 464 469 464 468 473

(Maximum family benefits)

And the maximum The amount amount of benereferred to in fits payable (as the preceding provided in sec. paragraphs 203(a)) on the of this sub- basis of his wages section shall and self-employbement income shall be— $83.60 84.70 85.90 87.20 88.40 89.50 90.80 92.00 93.20 94.40 95.60 96.80 98.00 99.30 100.50 101.60 102.90 104.10 106.20 106.50 107. 70 108.90 110.10 111.40 112.60 113. 70 115.00 116.20 117.30 118.60 119.80 121.00 122.20 123.40 124. 70 125.80 127.10 128.30 129.40 130.70 131.90 133.00 134.30 136.60 136.80 137.90 139.10 140.40 141.50 142.80 144.00 145.10 146.40 147.60 148.90 160.00 151.20 162.60 153.60 164.90 156.00 167.10 168.20 159.40 160.60 161.60 162.80 163.90 166.00 166.20 167.30 168.40 169.60 170. 70

$126. 40 127.10 128.90 130.80 132.60 134.30 136.20 138.00 139.80 141. 60 143.40 146.40 150.40 164.40 157.60 16L60 165.60 168.80 172.80 176.80 180.00 184.00 188.00 191.20 195.20 199.20 202.40 206.40 210.40 213.60 217.60 221.60 224.80 228.80 232.80 236.00 240.00 244.00 247. 20 26L20 255.20 268.40 262.40 266.40 269.60 273.60 277.60 280.80 284.80 288.80 292.00 296.00 300.00 303.20 307.20 311.20 314.40 318.40 322.40 326.60 329.60 333.60 336.80 340.80 344.80 348.80 360.40 362.40 364.40 356.00 368.00 360.00 361.60 363.60

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[81 STAT.

"TABLE FOR DETERMINING PRIMARY INSURANCE AMOUNT AND MAXIMUM FAMILY BENEFITS—Continued "I

II

(Primary (Primary insurance benefit insurance under 1939 Act, as modiamount under 1965 fled) Act) If an individual's primary insurance benefit (as determined under subsec. (d)) i s -

At least—

But not more than—

Or his primary insurance amount (as determined under subsec, (c)) i s $152.00 153.00 154.00 155.00 156.00 157.00 158.00 159.00 160.00 161.00 162.00 163.00 164.00 165.00 166.00 167.00 168.00

79 Stat. 363.

42 USC 403.

42 USC 402, 423.

42 USC 422; Post, pp. 830832.

IV

III

(Average monthly wage)

V

(Primary in- (Maximum family surance benefits) amount)

Or his avers^e monthly And the maximum wage (as determined The amount amount of beneunder subsec. (b)) is— referred to in fits payable (as the preceding provided in sec. paragraphs 203(a)) on the of this sub- basis of his wages But not section shall and self-employment income At least— more than— be— shall be— $474 479 483 488 493 497 502 507 511 516 521 525 530 535 539 544 549 554 557 561 564 568 571 575 578 582 685 589 592 596 599 603 606 610 613 617 621 624 628 631 635 638 642 645 649

$478 482 487 492 496 501 506 510 515 520 524 529 534 538 543 548 553 556 560 563 567 570 574 577 581 584 588 591 595 598 602 605 609 612 616 620 623 627 630 634 637 641 644 648 650

$171.80 172.90 174.10 175.20 176.30 177.50 178.60 179.70 180.80 182.00 183.10 184.20 185.40 186. 50 187.60 188.80 189.90 191.00 192.00 193.00 194.00 195.00 196.00 197.00 198.00 199.00 200.00 201.00 202.00 203.00 204.00 205.00 •206.00 207.00 208.00 209.00 210.00 211.00 212.00 213.00 214.00 215.00 216.00 217.00 218.00

$365.60 367.20 369.20 371.20 372.80 374.80 376.80 378.40 380.40 382.40 384.00 386.00 388.00 389.60 391.60 393.60 395.60 396.80 398.40 399.60 401.20 402.40 404.00 405.20 406.80 408.00 409.60 410.80 412.40 413.60 415.20 416.40 418.00 419.20 420.80 422.40 423.60 425.20 426.40 428.00 429.20 430.80 432.00 433.60 434.40".

(b) Section 203(a) of such Act is amended by striking out paragraph (2) and inserting in lieu thereof the following: "(2) when two or more persons were entitled (without the application of section 2 0 2 (j)(l) and section 223(b)) to monthly benefits under section 202 or 223 for the month of February 1968 on the basis of the wages and self-employment income of such insured individual, such total of benefits for such month or any subsequent month shall not be reduced to less than the larger of— " (A) the amount determined under this subsection without regard to this paragraph, or " (B) an amount equal to the sum of the amounts derived by multiplying the benefit amount determined under this title (including this subsection, but without the application of section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), as in effect prior to February 1968, for each such person for February 1968, by 113 percent and

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827

raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10; but in any such case (i) paragraph (1) of this subsection shall "^^ use 403. not be applied to such total of benefits after the application of subparagraph (B), and (ii) if section 2 0 2 (k)(2)(A) was applicable in the case of any such benefits for the month of February 1968, and ceases to apply after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for February 1968, or". (c)(1) Section 215(b)(4) of such Act is amended to read as 42 usl?;'4is^' follows: "(4) The provisions of this subsection shall be applicable only in the case of an individual — " (A) who becomes entitled, after January 1968, to benefits under section 202(a) or section 223; or ^23^ ^^^ '*°-^' " (B) who dies after January 1968 without being entitled to benefits under section 202(a) or section 223; or " (C) whose primary insurance amount is required to be recomputed under subsection (f)(2)." ^°«'' P- S^^(2) Section 215(b)(5) of such Act is repealed. Repeal. (d) Section 215(c) of such Act is amended to read as follows: 42 us^c 4^^5^• 79 Stat. 363.

"Primary Insurance Amount Under 1965 Act "(c)(1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual's primary insurance ^"'e- P- ^24. amount shall be computed on the basis of the law in effect prior to the enactment of the Social Security Amendments of 1967. "(2) The provisions of this subsection shall be applicable only in the case of an individual who became entitled to benefits under section 202(a) or section 223 before the month of February 1968, or who died before such month." (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42^^ PO^/°''333 months after January 1968 and with respect to lump-sum death pay• »«• Pments under such title in the case of deaths occurring after January 1968. (f) I f an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for the month of January 1968 and became entitled to old-age insurance benefits under section 202(a) of such Act for the month of February 1968, or who died in such month, then, for purposes of section 215(a)(4) of the Social Security Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the ^"'®' P- ^^'^• amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act) instead of the amount in column IV equal to the primary supra. insurance amount on which his disability insurance benefit is based. I N C R E A S E IN

B E N E F I T S FOR CERTAIN I N D IV I D U A L S AGE 7 2 A N D OVER

SEC. 102. (a)(1) Section 227(a) of the Social Security Act is amended by striking out "$35" and inserting in lieu thereof "$40", and by striking out "'$17.50" and inserting in lieu thereof "$20". (2) Section 227(b) of such Act is amended by striking out in the second sentence "$35" and inserting in lieu thereof "$40". (b)(1) Section 228(b)(1) of such Act is amended by striking out "$35" and inserting in lieu thereof "$40".

79 Stat. 379. 42 USC 427.

80 Stat. 67. 42 USC 428.

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STAT.

80 Stat. 68. 42 USC 428.

(2) Section 228(b)(2) of such Act is amended by striking out "$35" and inserting in lieu thereof ''$40", and by striking out "$17.50" and inserting in lieu thereof "$20". (3) Section 228(c)(2) of such Act is amended by striking out "$17.50" and inserting in lieu thereof "$20", (4) Section 228(c)(3)(A) of such Act is amended by striking out "$35" and inserting in lieu thereof "$40". (5) Section 228(c)(3)(B) of such Act is amended by striking out "$17.50" and inserting in lieu thereof "$20". (c) The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security 4^8; S,'*p.^833. -^^t for months after January 1968. 2*^ MAXIMUM A M O U N T OF A W I F E ' S OR H U S B A N D ' S 79 Stat. 375. 42 USC 402.

Post, pp. 830-

832

7 2 Stat.^*io^26^'

79 Stat. 403.

79 Stat. 404.

Post, Post,

p. 868 p. 829

^"P''^-

BENEFIT

SEC. 103. (a) Section 202(b)(2) of the Social Security Act is amended to read as follows: u^2) Except as provided in subsection (q), such wife's insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month, or (B) $105." (^) Section 202(c)(3) of such Act is amended to read as follows: "(3) Except as provided in subsection (q), such husband's insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of his wife for such month, or (B) $105." (c) Section 202(e)(4) of such Act is amended by striking out "50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based" and inserting in lieu thereof "whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105". (d) Section 202(f)(5) of such Act is amended by striking out "50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based" and inserting in lieu thereof "whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based,or (B) $105". (e) The amendments made by subsections (a), (b), (c), and (d) shall apply with respect to monthly benefits under title II of the Social Security Act for months after January 1968. BENEFITS

79 Stat. 373 376.

INSURANCE

TO

DISAP.LED

WIDOWS

AND

WIDOWERS

SEC. 104. (a)(1) Subparagraph (B) of section 202(e)(1) of the Social Security Act is amended to read as follows: " (B)(i) has attahied age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in paragraph (5),". (2) So much of section 202(e)(1) of such Act as follows subparagraph (E) is amended to read as follows: "shall be entitled to a widow's insurance benefit for each month, beginning with— " (F) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or

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 81 STAT. ]

PUBLIC LAW 90-248-JAN. 2, 1968

" (G) if she satisfies subparagraph (B) by reason of clause (ii) thereof— " (i) the first month after her waiting period (as defined in paragraph (6)) in which she becomes so entitled to such insurance benefits, or "(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (5) and ( II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding 821/^ percent of the primary insurance amount of such deceased individual, or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 02 on or before the last day of such third month)." (3) Section 202(e) of such Act is further amended by adding after paragraph (4) the following new paragraphs: "(5) The period referred to in paragraph (1)(B) (ii), in the case of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: " (A) the month in which occurred the deatli of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or " (B) the last month for which she was entitled to mother's insurance benefits on the basis of the wages and self-employment income of such individual, or " (C) the month in which a previous entitlement to widow's insurance benefits on the basis of such wages and self-employment income terminated because lier disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. "(6) The waiting period referred to in paragraph (1)(G), in the case of any widow or surviving divorced Avife, is the earliest period of six consecutive calendar months— " (A) throughout which she has been under a disability, and " (B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which her application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (5) begins." (b)(1) Subparagraph (B) of section 202(f)(1) of such Act is amended to read as follows: " (B)(i) has attained age 62, or (ii) has attained age 50 but has not attained age 62 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in paragraph (6),". (2) So much of section 202(f)(1) of such Act as follows subparagraph (E) is amended to read as follows: "shall be entitled to a widower's insurance benefit for each month, beginning with— " (F) if he satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which he becomes so entitled to such insurance benefits, or " (G) if he satisfies subparagraph (B) by reason of clause (ii) thereof—

829

Infra.

79 Stat. 40 3. 42 USC 402. Ante,

p. 828.

Supra-

64 Stat. 485; 75 Stat. 131.

Post, Post,

p. 868. p. 830.

64 Stat. 485; 71 Stat. 519.

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PUBLIC LAW 90-248-JAN. 2. 1%8

Infra.

Infra.

75 Stat. 138; 79 Stat. 404. 42 USC 402. 79 Stat. 404. Ante, p. 829.

Ante,

p. 829.

Supra.

79 Stat. 368.

79 Stat. 374.

Post,

p. 831.

[81 STAT.

"(i) the first month after his waiting period (as defined in paragraph (7)) in which he becomes so entitled to such insurance benefits, or "(ii) the first month during all of which lie is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (6) and ( II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an oldage insurance benefit equal to or exceeding 82y2 percent of the primary insurance amount of his deceased wife, or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month)." (3) Section 202(f)(3) of such Act is amended by inserting "subsection (q) and" after "provided in". (4) Section 202(f) of such Act is further amended by adding after paragraph (5) the following new paragraphs: "(6) The period referred to in paragraph (1)(B) (ii), in the case of any widower, is the period beginning with whichever of the following is the latest: " (A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based, or " (B) the month in which a previous entitlement to widower's insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased, and ending with the month before the month in which he attains age 62, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. "(7) The waiting period referred to in paragraph (1)(G), in the case of any widower, is the earliest period of six consecutive calendar months— " (A) throughout which he has been under a disability, and " (B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which his application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (6) begins." (c)(1) The heading of section 202(q) of such Act is amended to read as follows: "Reduction of Benefit Amounts for Certain Beneficiaries" (2) So much of section 2 0 2 (q)(l) of such Act as precedes subparagraph (A) is amended by striking out "or widow's" and inserting in lieu thereof "widow's, or widower's". (3) Subparagraph (A) of section 202(q)(1) of such Act is amended by striking out "or widow's" and inserting in lieu thereof ", widow's, or widower's". (4) Section 202(q)(1) of such Act is amended by adding at the end thereof the following: "A widow's or widower's insurance benefit reduced pursuant to the preceding sentence shall be further reduced by— " (C) ^%98 of 1 percent of the amount of such benefit, multiplied by " (D)(i) the number of months in the additional reduction period for such benefit (determined under paragraph (6)), if such

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 81

STAT.]

PUBLIC LAW 9(>.248-JAN. 2, 196»

831

benefit is for a month before the month in which such individual attains retirement age, or "(ii) the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), ^°«'' P- ^'^2. if such benefit is for the month in which such individual attains retirement age or for any month thereafter." (5) Section 202(q)(3)(A) of such Act is amended— 75 Stat. 132; (A) by striking out "or widow's" each place it appears and in- 42 USC 402. serting in lieu thereof "widow's, or widower's"; (B) by striking out "a widow's" and inserting in lieu thereof "a widow's or widower's"; and (C) by striking out "60" and inserting in lieu thereof "50". (6) Section 202(q)(3)(C) of such Act is amended by striking out ^9 Stat. 369. "or widow's" each time it appears and inserting in lieu thereof "widow's, or widower's". 132; (7) Section 202^q)(3)(D) of such Act is amended by striking out 7975 Stat. 368, 37^ Stat. "or widow's" and inserting in lieu thereof "widow's, or widower's". 79 Stat. 374. (8) Section 202((^) (3)(E) of such Act is amended— (A) by striking out " ( o r would, but for subsection (e) ^ !), b e) " and inserting in lieu thereof "(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, b e) "; (B) by striking out "widow's" each place it appears and inserting in lieu thereof "widow's or widower's"; and (C) by striking out "she" and inserting in lieu thereof "she or he". (9) Section 202(q)(3)(F) of such Act is amended— (A) by striking o u t " (or would, but for subsection (e)(1), b e) " and inserting in lieu thereof " (or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, b e) "; (B) by striking out "widow's" each place it appears and inserting in lieu thereof "widow's or widower's"; and (C) by striking out "she" and inserting in lieu thereof "she or he". (10) Section 202(q)(3)(G) of such Act is amended— (A) by striking out " ( o r would, but for subsection (e)(1), b e) " and inserting in lieu thereof " (or would, but for subsection (e) (|1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be) '; (B) by striking out "widow's" and inserting in lieu thereof "widow's or widower's"; and (C) by striking out "he" and inserting in lieu thereof "she or he". (11) Section 202(q)(6) of such Act is amended to read as follows: 75 Stat. las " (6) For the purposes of this subsection— ^^ tat. 368. " (A) the 'reduction period' for an individual's old-age, wife's, "Reduction husband's, widow's, or widower's insurance benefit is the period— ^^*^^° " (i) beginning— " (I) in the case of an old-age or husband's insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or " ( II) in the case of a wife's insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or " ( III) in the case of a widow's or widower's insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the 85-622 0-68—55

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[81 STAT.

first day of the month m which such individual attains age 60, whichever is the later, and "(ii) ending with the last day of the month before the month in which such individual attains retirement age; and " A d d i t i o n a l re" (B) the 'additional reduction period' for an individual's duction period. " widow's or widower's insurance benefit is the period— "(i) beginning with the first day of the first month for which such individual is entitled to such benefit, but only if such individual has not attained age 60 in such first month, and "(ii) ending with the last day of the month before the month in which such individual attains age 60." 75 Stat. 133; (12) Section 202(q)(7) of such Act is amended— 79 Stat.e368, 375. ^^^ ^^ inserting "or 'additional adjusted reduction period'" 42 u s 402. after "the 'adjusted reduction period ' "; (B) by striking out "or widow's" and inserting in lieu thereof "widow's, or widower's"; (C) by inserting "or additional reduction period (as the case may b e) " after "the reduction period"; and (D) by striking out "widow's" in subparagraph (E) and ii^serting in lieu thereof "widow's or widower's", by striking out "she" each place it appears in such subparagraph and inserting in lieu thereof "she or he", and by striking out "her" in such subparagraph and inserting in lieu thereof "her or his". 79 Stat. 375. (13) Section 202(q)(9) of such Act is amended by striking out "widow's" and inserting m lieu thereof "widow's or widower's". I2 USC 403.' (d)(1)(A) The third sentence of section 203(c) of such Act is amended by striking out "or any subsequent month" and inserting in lieu thereof "or any subsequent month; nor shall any deduction be made under this subsection from any widow's insurance benefit for any month in which the widow or surviving divorced wife is entitled and has not attained age 62 (but only if she became so entitled prior to attaining age 60), or from any widower's insurance benefit for any month in which the widower is entitled and has not attained age 62". 74 Stat. 955. (B) The third sentence of section 203(f)(1) of such Act is amended by striking out "or (D) " and inserting in lieu thereof the following: " (D) for which such individual is entitled to widow's insurance benefits and has not attained age 62 (but only if she became so entitled prior to attaining age 60) or widower's insurance benefits and has not attained age 62, or (E) ". (C) Section 203(f)(2) of such Act is amended by striking out "and (D) " and inserting in lieu thereof " (D), and (E) ' \ (D) Section 203(f)(4) of such Act is amended by striking out " (D) " and inserting in lieu thereof " (E) ". JL^l^'-i^^^' (2) Section 216(i)(1) of such Act is amended by inserting " 2 0 2 (e), 4?usc 416. 2 0 2 (f), " after " 2 0 2 (d), ". 4 2us^c42^2^" (^) (-^) Section 2 2 2 (a) of such Act is amended by inserting "widow's insurance benefits, o r widower's insurance benefits," after "benefits,". 70 Stat. 817; (B) Section 222(b)(1) of such Act is amended by striking out 72 Stat. 1032. "child's insurance benefits or if" and inserting in lieu thereof "child's insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or". 79 Stat. 408. (4)(A) Section 222(d)(1) of such Act is amended by inserting "or" at the end of subparagraph (B), and by inserting after such subparagraph the following new subparagraphs: " (C) entitled to widow's insurance oenefits under section 42 USC 402. 202(e) prior to attaining age 60, or

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 81 STAT. ]

PUBLIC LAW 90-248-JAN. 2, 1968

" (D) entitled to widower's insurance benefits under section 202(f) prior to attaining age 62,". (B) Section 222(d)(1) of such Act is further amended by striking out "who have attained age 18 and are under a disability," in the first sentence and inserting in lieu thereof the following: "who have attained age 18 and are under a disability, the benefits under section 202(e) for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 202(f) for widowers who have not attained age 62,". (5)(A) The first sentence of section 225 of such Act is amended by inserting after "under section 202(d)," the following: "or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 202(e), or that a widower who has not attained age 62 and is entitled to benefits under section 202(f),". (B) The first sentence of section 225 of such Act is further amended by striking out "223 or 2 0 2 (d) " and inserting in lieu thereof "202(d), 202(e), 202(f), or 223". (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted.

833 42 USC 402. 79 Stat. 408. "^^ "^*^ '*^^-

70 Stat. 1317. 42 USC 425.

I N S U R E D STATUS FOR YOUNGER DISABLED WORKERS

SEC. 105. (a) Subparagraph (B) (ii) of section 216(i)(3) of the Social Security Act is amended by striking out "and he is under a disability by reason of blindness (as defined in paragraph (1)) ". (b) Subparagraph (B) (ii) of section 223(c)(1) of such Act is amended by striking out "before he attains" and inserting in lieu thereof "before the quarter in which he attains", and by striking out "and he is under a disability by reason of blindness (as defined in section 216(i)(l)) ". (c) The amendment made by subsection (a) shall apply only with respect to applications for disability determinations filed under section 216(i) of the Social Security Act in or after the month in which this Act is enacted. The amendments made by subsection (b) shall apply with respect to monthly benefits under title II of such Act for months after January 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted.

^^ us^c 4*i6 llf}^^ ^J;^42 USC 423.

B E N E F I T S I N CASE OF M E M B E R S OF THE UNIFORM E D SERVICES

SEC. 106. Title II of the Social Security Act is amended by adding go^t^J^gy^^'"' at the end thereof the following new section: 42 USC 401-428. " B E N E F I T S I N C A S E OF M E M B E R S O F THE UNIFORM E D SERVICES

"SEC. 229. (a) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1967, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid, in each calendar quarter occurring after 1967 in which he was paid wages for service as a member of a uniformed service (as defined in section 210(m)) which was included in the term 'employment' as defined in section 210(a) as a result of the provisions of sec-

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PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

tion 210(1), wages (in addition to the wages actually paid to him for such service) of— "(1) $100 if the wages actually paid to him in such quarter for such services were $100 or less, " (2) $200 if the wages actually paid to him in such quarter for such services were more than $100 but not more than $200, or " (3) $300 in any other case. " (b) There are autnorized to be appropriated to the Federal OldAge and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust F u n d se^^, ^uQslf-isVsi f'l^nually, as benefits under this title and part A of title X VIII are paid after December 1967, such sums as the Secretary determines to be necessary to meet (1) the additional costs, resulting from subsection (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts. Such additional costs shall be determined after any increases in such benefits arising from the application of section 217 have been made.'* LIBERALIZATION

42 USC 403

OF E A R N I N G S

TEST

SEC. 107. (a)(1) Paragraphs (1), (3), and (4)(B) of section 203(f) ^^ ^^^® Social Security Act are each amended by striking out "$125" and inserting in lieu thereof "$140". (2) Paragraph (1)(A) of section 203(h) of such Act is amended by striking out "$125" and inserting in lieu thereof "$140". (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 1967. I N C R E A S E OF E A R N I N G S COUNTED FOR B E N E F I T A N D TAX PURPOSES

79 Stat. 393. 42 USC 409.

68 staV. ToVs; 79 Stat. 383.

79 Stat. 393. 42 USC 411. 72 Stat. 10 19.

79 Stat. 393.

42 us^c 4^^5^"

SEC. 108. (a)(1)(A) Section 209(a)(4) of the Social Security Act is amended by inserting "and prior to 1968" after "1965". (B) Section 209(a) of such Act is further amended by adding at ^j^g gj^^j tlicreof the following new paragraph: "(5) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $7,800 with respect to employment has been paid to an individual during any calendar year after 1967, is paid to such individual during such calendar year;". (2)(A) Section 211(b)(1)(D) of such Act is amended by inserting "and prior to 1968" after "1965", and by striking o u t "; or" and inserting in lieu thereof "; and". (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: " (E) For any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or". (3)(A) Section 213(a)(2) (ii) of such Act is amended by striking out "after 1965" and inserting in lieu thereof "after 1965 and before 1968, or $7,800 in the case of a calendar year after 1967". (B) Section 213(a)(2) (iii) of such Act is amended by striking out "after 1965" and inserting in lieu thereof "after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967". (^) Section 215(e)(1) of such Act is amended by striking out "and the excess over $6,600 in the case of any calendar year after 1965" and inserting in lieu thereof "the excess over $6,600 in the case of n,nj calendar year after 1965 and before 1968, and the excess over $7,800 m the case of any calendar year after 1967".

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PUBLIC LAW 90-248-JAN. 2, 1968

835

(b)(1)(A) Section 1402(b)(1)(D) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended ^^ ^^^*- Qs. by inserting "and before 1968" after "1965", and by striking o u t "; or" and inserting in lieu thereof "; and". (B) Section 1402(b)(1) of such Code is further amended by adding jg^tlu'^gT^'' at the end thereof the following new subparagraph: " (E) for any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or". (2) Section 3121(a)(1) of such Code (relating to definition of wages) is amended by striking out "$6,600" each place it appears and ^^ ^*^^- ^^3. inserting in lieu thereof "$7,800". (3) The second sentence of section 3122 of such Code (relating to Federal service) is amended by striking out "$6,600" and inserting in lieu thereof "$7,800". (4) Section 3125 of such Code (relating to returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia) is amended by striking out "$6,600" each place it appears and inserting in lieu thereof "$7,800". (5) Section 6413(c)(1) of such Code (relating to special refunds of employment taxes) is amended— ^J^ Stat. 393, 394. (A) by inserting "and prior to the calendar year 1968" after "the calendar year 1965"; (B) by inserting after "exceed $6,600," the following: "or (D) during any calendar year after the calendar year 1967, the wages received by him during such year exceed $7,800,"; and (C) by inserting before the period at the end thereof the following: "and before 1968, or which exceeds the tax with respect to the first $7,800 of such wages received in such calendar year after 1967". (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of^ Federal employees) is amended by striking out "or $6,600 for any calendar year after 1965" and inserting in lieu thereof "$6,600 for the calendar year 1966 or 1967, or $7,800 for any calendar year after 1967". (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b) (except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1967. The amendments made by subsections (a)(2), (a)(3) (B), and (b)(1) shall apply only with respect to taxable years ending after 1967. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1967. C H A N G E S I N TAX SCHEDULES

SEC. 109. (a)(1) Section 1401(a) of the Internal Revenue Code of 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: "(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1969, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; "(2) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1971, the tax shall be equal to 6.3 percent of the amount of the self-employment income for such taxable year; "(3) in the case of any taxable year beginning after December 31, 1970, and before January 1, 1973, the tax shall be equal to

79 Stat. 394.

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 836

79 Stat. 39 5.

79 Stat. 396.

79 Stat. 394.

79 Stat. 395.

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

6.9 percent of the amount of the self-employment income for such taxable year; and "(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year." (2) Section 3101(a) of such Code (relating to rate of tax on employccs for purposes of old-age, survivors, and disability insurance) IS amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: "(1) with respect to wages received during the calendar year 1968, the rate shall be 3.8 percent; "(2) with respect to wages received during the calendar years 1969 and 1970, the rate shall be 4.2 percent; "(3) with respect to wages received during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and "(4) with respect to wages received after December 31, 1972, the rate shall be 5.0 percent." (3) Section 3111(a) of such Code (relating to rate of tax on employcrs for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: "(1) with respect to wages paid during the calendar year 1968, the rate shall be 3.8 percent; "(2) with respect to wages paid during the calendar years 1969 and 1970, the rate shall be 4.2 percent; "(3) with respect to wages paid during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and "(4) with respect to wages paid after December 31, 1972, the rate shall be 5.0 percent." (b)(1) Section 1401(b) of such Code (relating to rate of tax on self-cmploymeut income for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: " (1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1973, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; "(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax shall be equal to 0.65 percent of the amount of the self-employment income for such taxable year; "(3) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; " (4) in the case of any taxable year beginning after December 31, 19Y9, and before January 1, 1987, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year; and "(5) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.90 percent of the amount of the self-employment income for such taxable year." (2) Section 3101(b) of such Code (relating to rate of tax on employecs for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: "(1) with respect to wages received during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent;

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The Encyclopedia Americana (1920)/Frasch, Herman

FRASCH, fräsh, Herman, American chemist and inventor: b. Gaildorf, Wurttemberg, Germany, 1852; d. 1914. He began the practice of pharmacy in 1868, and after his arrival in the United States entered the laboratory of Professor Maisch at the Philadelphia College of Pharmacy. In 1874 he established his own laboratory. Many of his earlier inventions were connected with the production of oil, salt, wax and white lead. In 1885 he entered the petroleum refining business on his own account in London, Ontario; here he devoted himself so successfully to the refining and purification of Canadian oils that his product, the highest grade of pure oil, became a serious competitor to Pennsylvania oil. The patents and works were purchased in 1888 by the Standard Oil Company and the processes were put into practice at the various plants of this company throughout the United States. Further patents for the treatment of petroleum and petroleum products were issued to Mr. Frasch.

In 1890 he took a patent on an apparatus that is regarded as an epoch-making improvement in the sulphur industry. He erected a plant at the deposits of native sulphur in Louisiana and by sending down superheated water through a boring of 1,000 feet he melted the sulphur, which then ascended to the surface through an inner tube in the boring. The melted sulphur is then pumped into bins several feet high, in which it solidifies, and the blocks are later broken up and loaded directly on cars. The result of this invention has been a reduction of the importation of sulphur into the United States to less than one-tenth of its former proportions, and a corresponding increase in home production. Frasch was awarded the Perkin medal in 1912.


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"(2) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; "(3) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; "(4) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and "(5) with respect to wages received after December 31, 1986, the rate shall be 0.90 percent." (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: " (1) with respect to wages paid during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; "(2) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; "(3) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; "(4) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and "(5) with respect to wages paid after December 31, 1986, the rate shall be 0.90 percent." (c) The amendments made by subsections (a)(1) and (b)(1) shall apply only with respect to taxable years beginning after December 31, 1967. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1967. ALLOCATION TO DISABILITY INSURANCE T R U S T

^^ Stat. 396.

FUND

SEC. 110. (a) Section 201(b)(1) of the Social Security Act is,/°,^*^*-,V^ 79 Stat. 370. amended— 42 USC 401. (1) by inserting " (A) " after " (1) "; (2) by striking out "1954, and" and inserting in lieu thereof "1954, (B) "; (3) by inserting "and before January 1, 1968," after "December 31, 1965,"; and (4) by inserting after "so reported," the following: "and (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and so reported,". (b) Section 201(b)(2) of such Act is amended— (1) by inserting " (A) "after " (2) "; (2) by striking out "1966, and" and inserting in lieu thereof "1966, (B) "; and (3) by inserting after "December 31, 1965," the following: "and before January 1, 1968, and (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1967,". E X T E N S I O N OF T I M E FOR F I L I N G APPLICATION FOR 'DISABILITY FREEZE W H E R E F A I L U R E TO M A K E T I M E L Y APPLICATION I S DUE TO I N C O M P E T E N C Y

SEC. 111. (a) Se^-tion 216(i)(2) of the Social Security Act is 79 Stat. 367, amended (1) by striking out "No" in subparagraph (E) and inserting '*°42 USC 4 16. in lieu thereof "Except as is otherwise provided in subparagraph (F), no", (2) by redesignating subparagraph (F) as subparagraph (G), and (3) by adding after subparagraph (E) the following new subparagraph:

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79 Stat. 367. 42 USC 416.

Ante,

p. 821.

42 USC 401428; Ante, p. 8 3 3.

[81 STAT.

" (F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— "(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and "(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, " (I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, " ( II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and " ( III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. I n making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made." (b) No monthly insurance benefits under title II of the Social Security Act shall be payable or increased for any month before the month in which this Act is enacted by reason of amendments made by subsection (a). B E N E F I T S FOR CERTAIN ADOPTED C H I L D R E N

42 USC 4) 2 1^ *

SEC. 112. (a) Section 202(d)(8) of the Social Security Act (as redesignated by section 151(c) of this Act) is amended— (1) by striking out the period at the end of subparagraph (D), and inserting in lieu of such period "; or", and (2) by adding after and below subparagraph (D) the following new subparagraph: " (E) was legally adopted by such individual— " (i) in an adoption which took place under the supervision of a public or private child-placement agency, " (li) in an adoption decreed by a court of competent jurisdiction within the United States,

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"(iii) on a date immediately preceding which such individual had continuously resided for not less than one year within the United States; " (iv) at a time prior to the attainment of age 18 by such child." ^ y (b) The amendments made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of ^^f, Tnfe'^^^sss applications filed after the date of enactment of this Act. - « e, p. PART 2—COVERAGE UNDER THE OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE PROGRAM COVERAGE o r

MINISTERS

SEC. 115. (a) The last sentence of section 211(c) of the Social Security Act is amended to read as follows: "The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under section 1402(e) of the Internal Revenue Code of 1954 is effective with respect to him." (b)(1) The last sentence of section 1402(c) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is amended to read as follows: "The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under subsection (e) is effective with respect to him." (2) Section 1402(e) of such Code (relating to ministers, members of religious orders, and Christian Science practitioners) is amended to read as follows:

^9 Stat. jso.

^"''•^• ^9 Stat. 381.

^^ s*^*- ^"^s.

"(e) MINISTERS, MEMBERS OF RPXIGIOUS ORDERS, AND CHRISTIAN SCIENCE PRACTITIONERS.—

"(1) EXEMPTION.—Any individual who is (A) a duly ordained, commissioned, or licensed minister of a church or a member of a religious order (other than a member of a religious order who has taken a ¥ow of poverty as a member of such order) or (B) a Christian Science practitioner, upon filing an application (in such form and manner, and with such official, as may be prescribed by regulations made under this chapter) together with a statement that either he is conscientiously opposed to. or because of religious principles he is opposed to, the acceptance (with respect to services performed by him as such minister, member, or practitioner) of any public insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act), shall receive an exemption from the tax imposed by this chapter with respect to services performed by him as such minister, member, or practitioner. Notwithstanding the preceding sentence, an exemption may not be granted to an individual under this subsection if he had filed an effective waiver certificate under this section as it was in effect before its amendment in 1967. "(2) T I M E FOR FILING APPLICATION.—Any individual who desires to file an application pursuant to paragraph (1) must file such application on or before whichever of the following dates is later: (A) the due date of the return (including any extension thereof) for the second taxable year for which he has net earn-

26 USC i4oi1403.

42 USC 1305.

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[81 STAT.

ings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or (B) the due date of the return (including any extension thereof) for his second taxable year ending after 1967. "(3) EFFECTIVE DATE OF EXEMPTION.—An exemption received by an individual pursuant to this subsection shall be effective for the first taxable year for which he has net earnings from selfemployment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5), and for all succeeding taxable years. An exemption received pursuant to this subsection shall be irrevocable." (c) The amendments made by subsections (a) and (b) shall apply only with respect to taxable years ending after 196Y. COVERAGE OF STATE AND LOCAL EMPLOYEES

llviciii^'

08 Stat. 1057.

64 Stat. 515.

68 Stat. 1058.

^^^' 11^- (^) Section 2 1 8 (d)(6)(D) of the Social Security Act is amended by inserting " (i) " after " (D) ", and by adding at the end thereof the following: "(ii) Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this title." (b)(1)(A) Section 218(c)(3) of such Act is amended by striking out subparagraph (A), and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out "paragraph (3)(C) " wherever it appears and inserting in lieu thereof "paragraph (3)(B) ". (C) Paragraph (4)(C) of section 218(d) of such Act is amended by striking out "subsection (c)(3) (C>" and inserting in lieu thereof "subsection (c)(3)(B) ". (2) Section 218(c)(6) of such Act is amended— (A) by striking out "and" at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in Heu thereof ", and"; and (C) by adding at the end thereof the following new subparagraph: " (E) service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency." (3) The amendments made by this subsection shall be effective with respect to services performed on or after January 1, 1968. ^Q^ Section 218(c) of such Act is amended by adding at the end thereof the following new paragraph: "(8) Notwithstanding any otner provision of this section, the agreement with any State entered into under this section may at the option of the State be modified on or after January 1, 1968, to exclude service performed by election officials or election workers if the remuneration paid in a calendar quarter for such service is less than $50.

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841

Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary." (d) The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out "1967" and inserting in lieu thereof 7/st^r385°^^' "1970".

42 USC 418.

INCLUSION OF ILLINOIS AMONG STATES PERMITTED TO DIVIDE THEIR RETIREMENT SYSTEMS

SEC. 117. Section 2 1 8 (d)(6)(C) of the Social Security Act is amended by inserting "Illinois," after "Georgia,". TAXATION OF CERTAIN EARNINGS OF RETIRED PARTNER

SEC. 118. (a) Section 1402(a) of the Internal Revenue Code of 1954 (relating: to definition of net earnings from self-employment) is ^

1 y

"

^

"^

''

amended— (1) by striking out "and" at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (9) the following new paragraph: "(10) there shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner's death, if— " (A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, m which such amounts were received, and " (B) no obligation exists (as of the close of the partnership's taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and " (C) such partner's share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership's taxable year referred to in subparagraph (A). " (b) Section 211(a) of the Social Security Act is amended— (1) by striking out "and" at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (8) the following new paragraph: "(9) There shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary of the Treasury or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner's death, if— " (A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its

68 A Stat. 353; 68 Stat. 1087.

^^ Stat. 502; 42 USC 4u'.

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[81 STAT.

successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, in which such amounts were received, and " (B) no obligation exists (as of the close of the partnership's taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and " (C) such partner's share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership's taxable year referred to in subparagraph (c) The amendments made by this section shall apply only with respect to taxable years ending on or after December 31, 1967. I N C L U S I O N OF PUERTO RICO A M O N G STATES PERMITTED TO I N C L U D E F I R E M E N A N D P O L I C E M E N; VALIDATION OF CERTAIN P A S T COVERAGE I N THE STATE OF NEBRASKA 70 Stat. 8 26. 42 USC 418.

396^ ^*^*' ^^^'

42 USC 409.

SEC. 119. (a) Section 218(p) of the Social Security Act is amended by inserting "Puerto Rico," after "Oregon,", (b) I n any case in which— (1) an individual has performed services prior to the enactment of this Act in the employ of a political subdivision of the State of Nebraska in a fireman's position, and (2) amounts, equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services constituted employment for purposes of section 21 of such Code at the time they Avere performed, were timely paid in good faith to the Secretary of the Treasury, and" (3) no refunds of such amounts paid in lieu of taxes have been obtained, the amount of the remuneration for such services with respect to which such amounts have been paid shall be deemed to constitute remuneration for employment as defined in section 209 of the Social Security Act. COVERAGE o r

FIREMEN'S

P O S I T I O N S P U R S U A N T TO A STATE

AGREEMENT

SEC. 120. (a) Section 218(p) of the Social Security Act is amended by(1) inserting " (1) " after " (p) "; and (2) adding the following paragraph: "(2) A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this title to service in firemen's positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary of Health, Education, and Welfare that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen's positions shall be deemed a separate retirement system and no other positions shall be included in such system." (b) Nothing in the amendments made by subsection (a) shall authorize the extension of the insurance system establshed by title 42 USC 401j i of the Social Security Act under the provisions of section 218(d) 428; An^e, p. 833. ^^^ ^^^ ^^ ^^^^j^ ^^^^ ^^ service in any fireman's position.

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(c) The amendment made by this section shall apply in the case of any State with respect to modifications of such State agreement under section 218 of the Social Security Act made after the date of enactment of this Act. VALIDATION OF COVERAGE ERRONEOUSLY

REPORTED

SEC. 121. Section 218(f) of the Social Security Act is amended by 72^^sfat^*io^4o^' adding at the end thereof the following new paragraph: 42 USC 4 is. "(3) Notwithstanding the provisions of paragraph (2) of this subsecthon, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services ^^^ ^^^*- ^^^• constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2)." COVERAGE OF F E E S OF STATE A N D LOCAL G O V E R N M E N T SELF-EMPLOYMENT INCOME

EMPLOYEES

AS

S E C 122. (a)(1) Section 211(c)(1) of the Social Security Act is amended to read as follows: " (1) The performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary pursuant to section 218;". (2) Section 211(c)(2) of such Act is amended (A) by striking out "and" at the end of subparagraph (C); (B) by striking out the semicolon at the end of subparagraph (D) and inserting in lieu thereof ", and'-; and (C) by adding after such subparagraph the following new subparagraph: " (E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary pursuant to section 218;". (b)(1) Section 1402(c)(1) of the Internal Revenue Code of 1954 is amended to read as follows: "(1) the performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;". (2) Section 1402(c)(2) of such Code is amended (A) by striking out "and" at the end of subparagraph (C); (B) by striking out the semicolon at the end of subparagraph (D) and inserting in lieu thereof ", and"; and (C) by adding after such subparagraph the following new subparagraph:

^/^ ulc TA'

^"^ ^^^^' ^'^^-

^SA Stat. 355.

74 Stat. 545.

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 844

y/stat^aV^' 42 USC 418.

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

" (E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;". (c)(1) The amendments made by subsections (a) and (b) of this section shall apply with respect to fees received after 1967. (2) Notwithstanding the provisions of subsections (a) and (b) of this section, any individual who in 1968 is in a position to which the amendments made by such subsections apply may make an irrevocable election not to have such amendments apply to the fees he receives in 1968 and every year thereafter, if on or before the due date of his income tax return for 1968 (including any extensions thereof) he files with the Secretary of the Treasury or his delegate, in such manner as the Secretary of the Treasury or his delegate shall by regulations prescribe, a certificate of election of exemption from such amendments. (^) Section 218 of the Social Security Act is further amended by adding the following new subsection: "Positions Compensated Solely on a Fee Basis " (u)(l) Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply Erior to 1968 only if the State specifically requests that its agreement e made applicable to such service in such class or classes of positions. " (2) Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. "(3) Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modific^ition is agreed to by the Secretary and the State. "(4) If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Secretary arid the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions." F A M I L Y EMPLOYMENT I N A PRIVATE H O M E

li vie !to'

^^^- 1^^- (^) Section 210(a)(3)(B) of the Social Security Act is amended by inserting after the semicolon the following: "except that the provisions of this subparagraph shall not be applicable to such domestic service if— "(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse's being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and " (ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and "(iii) the son, daughter, stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical

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condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;" (b) Section 3121(b)(3)(B) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting after the semicolon the following: "except that the provisions of this subparagraph shall not be applicable to such domestic service if— " (i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse's being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and " (ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and "(iii) the son, daughter, stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;" (c) The amendments made by this section shall apply with respect to services performed after December 31, 1967.

845

'''* ^*^*- ^'^^•

TERMINATION OF COVERAGE OF E M P L O Y E E S OF THE M A S S A C H U S E T T S TURNPIKE AUTHORITY

SEC. 124. (a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act the Secretary may, under such conditions as he deems appropriate, permit the State of Massachusetts to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of the employees of the Massachusetts Turnpike Authority effective at the end of any calendar quarter within the two years next following the date on which such agreement is so modified. (b) If the coverage of employees of the Massachusetts Turnpike Authority is terminated pursuant to subsection (a), coverage cannot later be extended to the employees of such Authority.

^^ ijsc Ait

PART 3—HEALTH INSURANCE BENEFITS METHOD OF PAYMENT TO PHYSICIANS UNDER SUPPLEMENTARY MEDICAI* INSURANCE PROGRAM

S E C 125. (a) Section 1842(b)(3)(B) of the Social Security Act is amended— (1) by striking o u t " (i) " j ^^^ (2) by striking out "and ( i i) " and all that follows and inserting in lieu thereof the following: "and such payment will be made— " (i) on the basis of an itemized bill; or " ( i i) on the basis of an assignment under the terms of which the reasonable charge is the full charge for the service; but (in the case of bills submitted, or requests for payment made, after March 1968) only if the bill is submitted, or a written request for payment is made in such other form as may be permitted under regulations, no later than the close of the calendar year following the year in which such service is furnished (deeming any service furnished in the last 3 months of any calendar year to have been furnished in the succeeding calendar year);".

79 Stat. 310. 42 USC 1395U.

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[81 STAT.

(b) The amendments made by subsection (a) shall apply with respect to claims on which a final determination has not been made on or before the date of enactment of this Act. ELIMINATION OF REQUIREMENT OF PHYSICIAN CERTIFICATION I N CASE OF CERTAIN HOSPITAL SERVICES

Post. p. 848.

42 USC U95n. fost, p. 847.

SEC. 126. (a) Section 1814(a) of the Social Security Act (as amended by section 129(c)(5) of this Act) is amended— (1) by striking out subparagraph (A) of paragraph (2); (2) by redesignating subparagraphs (B), (C), (D), and (E) of paragraph (2) as subparagraphs (A), (B), (C), and (D), respectively; (3) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6),and (7),respectively; (4) by inserting immediately after paragraph (2) the following new paragraph: "(3) with respect to inpatient hospital services (other than inpatient psychiatric hospital services and inpatient tuberculosis hospital services) which are furnished over a period of time, a physician certifies that such services are required to be given on an inpatient basis for such individual's medical treatment, or that inpatient diagnostic study is medically required and such services are necessary for such purpose, except that (A) such certification shall be furnished only in such cases, with such frequency, and accompanied by such supporting material, appropriate to the cases involved, as may be provided by regulations, and (B) the first such certification required in accordance with clause (A) shall be furnished no later than the 20th day of such period;"; and (5) by striking out " (D), or (E) " in the last sentence and inserting in lieu thereof "or (D) ". (^) Section 1835(a)(2)(B) of such Act is amended by inserting after "medical and other health services," the following: "except services described in subparagraphs (B) and (C) of section 1861(s)(2),". (c) The amendments made by this section shall apply with respect to services furnished after the date of the enactment of this Act. INCLUSION OF P O D I A T R I S T S ' SERVICES UNDER SUPPLEMENTARY MEDICAL INSURANCE PROGRAM

79 Stat. 321. 42 USC 1395x.

42 USC 1395y.

S E C 127. (a) Section 1861(r) of the Social Security Act is amended—• (1) by striking out "or (2) " and inserting in lieu thereof " (2) "; and (2) by inserting before the period at the end thereof the following: ", or (3) except for the purposes of section 1814(a), section 1835, and subsections (j), (k), (m), and (o) of this section, a doctor of podiatry or surgical chiropody, but (unless clause (1) of this subsection also applies to him) only with respect to functions which he is legally authorized to perform as such by the State in which he performs them". (b) Section 1862(a) of such Act is amended— (1) by striking out "or" at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof "; or"; and (3) by adding after paragraph (12) the following new paragraph: "(13) where such expenses are for—

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" (A) the treatment of flat foot conditions and the prescription of supportive devices therefor, " (B) the treatment of subluxations of the foot, or " (C) routine foot care (including the cutting or removal of corns, warts, or calluses, the trimming of nails, and other routine hygienic care)." (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. EXCLUSION OF CERTAIN

SERVICES

SEC. 128. Section 1862(a)(7) of the Social Security Act is amended by inserting after "changing eyeglasses," the following: "procedures performed (during the course of any eye examination) to determine the refractive state of the eyes,".

79 Stat. 3:25. 42 USC 1395y.

TRANSFER OF ALL O U T P A T I E N T H O S P I T A L SERVICES TO S U P P L E M E N T A R Y MEDICAL INSURANCE PROGRAM

SEC. 129. (a) Section 1861(s)(2) of the Social Security Act is amended— (1) by inserting " (A) "after " (2) "; (2) by striking out "physicians' bills" and all that follows and inserting in lieu thereof the following: "physicians' bills; " (B) hospital services (including drugs and biologicals which cannot, as determined in accordance with regulations, be selfadministered) incident to physicians' services rendered to outpatients; and " (C) diagnostic services which are— " (i) furnished to an individual as an outpatient by a hospital or by others under arrangements with them made by a hospital, and "(ii) ordinarily furnished by such hospital (or by others under such arrangements) to its outpatients for the purpose of diagnostic study;". (b) Section 1861(s) of such Act is further amended by adding at the end thereof (after and below paragraph (11)) the following new sentence: "There shall be excluded from the diagnostic services specified in paragraph (2)(C) any item or service (except services referred to in paragraph (1)) which— "(12) would not be included under subsection (b) if it were furnished to an inpatient of a hospital; or "(13) is furnished under arrangements referred to in such paragraph (2)(C) unless furnished in the hospital or in other facilities operated by or under the supervision of the hospital or its organized medical staff." (c)(1) Section 226(b)(1) of such Act is amended by striking out "post-hospital home health services, and outpatient hospital diagnostic services" and inserting in lieu thereof "and post-hospital home health services". (2) Section 1812(a) of such Act is amended— (A) by adding "and" at the end of paragraph (2); (B) by striking out "; and" at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4). (3) Section 1813(a) of such Act is amended by striking out paragraph (2), and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 85-622 0-68—56

42 USC UQSX.

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Page:United States Statutes at Large Volume 81.djvu/882

 848 79 Stat. 293. 42 USC 1395e.

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

(4)(A) Section 1813(b)(1) of such Act is amended by striking out "or diagnostic study". (B) The first sentence of section 1813(b)(2) of such Act is amended by striking out "or diagnostic study". 42 USC 1395f (5)(A) Section 1814(a)(2) of such Act is amended— Ante, p. 846. (i) by adding "or" at the end of subparagraph (D); (ii) by striking out "or" at the end of subparagraph (E); and (iii) by striking out subparagraph (F). (B) The last sentence of section 1814(a) of such Act is amended by striking out " (E), or (F) " and inserting in lieu thereof "or (E) ". (6)(A) Section 1814(d) of such Act is amended by striking out "or outpatient hospital diagnostic services". 42 USC 1395k. (B) Section 1832(a)(2)(B) of such Act is amended by striking out "hospital" and inserting in lieu thereof "hospital and the services Infra. for which payment may be made pursuant to section 1835(b)(2)". 42 USC i395i. ^7^ Section 1833(b) of such Act is amended— (A) by striking out " ( o r regarded under clause (2) as incurred in such preceding year with respect to services furnished in such last three months)"; and Post, p. 850. (B) by striking out ", and (2) " and all that follows and inserting in lieu thereof a period. 79 Stat. 303. (8) Section 1833(d) of such Act is amended by striking out "other 42 USC 1395L than subsection (a)(2)(A) thereof". 42 USC i395n. (9) ( ^) Section 1835(a) of such Act is amended by striking out "Payment" and inserting m lieu thereof "Except as provided in subsection (b), payment". (B) Section 1835 of such Act is further amended by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: " (b)(1) Payment may also be made to any hospital for services ^2 USC 1395X. (described in section 1861(s) furnished as an outpatient service by a Ante, p. 847. hospital or by others under arrangements made by it to an individual entitled to benefits under this part even though such hospital does not have an agreement in effect under this title if (A) such services were emergency services, (B) the Secretary would be required to make such payment if the hospital had such an agreement in effect and otherwise met the conditions of payment hereunder, and (C) P o s t p. 857. such hospital has made an election pursuant to section 1814(d)(1)(C) with respect to the calendar year in which such emergency services are provided. Such payments shall be made only in the amounts provided under section 1833(a)(2) and then only if such hospital agrees to comply, with respect to the emergency services provided, 42 USC 1395CC. with the provisions of section 1866(a). "(2) Payment may also be made on the basis of an itemized bill to an individual for services described in paragraph (1) of this subsection if (A) payment cannot be made under such paragraph (1) solely because the hospital does not elect, in accordance with section 1 8 1 4 (d)(1)(C), to claim such payments and (B) such individual files application (submitted within such time and in such form and manner, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. The amounts payable under this paragraph shall, subject to the provisions of section 1833, be equal to 80 percent of the hospital's reasonable charges for such services." 42 USC 1395X. (C) Section 1861(e) of such Act is amended— (i) by striking out "except for purposes of section 1814(d)," and inserting in lieu thereof "except for purposes of sections 1814(d) and 1835(b),"; and

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