The effective date of this sentence, referred to in subsec. (d)(7)(A), is the effective date of section 5 of Pub. L. 96–473, which added such sentence effective with respect to benefits payable for months beginning on or after
Section 212 of Public Law 93–66, referred to in subsecs. (e)(5)(B), (8), (f)(5)(B), (8), and (n)(4), is set out as a note under section 1382 of this title.
Section 102(g) of the Social Security Amendments of 1972, referred to in subsecs. (e)(6) and (f)(6), is section 102(g) of Pub. L. 92–603,
Paragraph (3) of subsec. (f), referred to in subsec. (f)(1), was redesignated par. (2) of subsec. (f) by Pub. L. 108–203, § 418(b)(4)(A)(i). See 2004 Amendment note below.
Section 2201 of the Omnibus Budget Reconciliation Act of 1981, referred to in subsec. (i), is Pub. L. 97–35, title XXII, § 2201,
The Foreign Service Act of 1980, referred to in subsec. (k)(5)(A)(ii)(II), is Pub. L. 96–465,
Clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, and subsection (g) of this section as in effect prior to the Social Security Act Amendments of 1950, referred to in subsec. (p), means such subsections as in effect prior to
Subsection (c)(4) of this section, referred to in subsec. (s)(2), was redesignated subsec. (c)(3) by Pub. L. 108–203, § 418(b)(2)(A). See 2004 Amendment note below.
Subsection (c)(6)(B) of section 416 of this title, referred to in subsec. (s)(3), was redesignated subsec. (c)(1)(F)(ii) of section 416 of this title by Pub. L. 108–203, § 414(a)(1), (2), (4).
Subsection (g)(6)(B) of section 416 of this title, referred to in subsec. (s)(3), was redesignated subsec. (g)(1)(F)(ii) of section 416 of this title by Pub. L. 108–203, § 414(b)(1), (2), (4).
The Railroad Retirement Act of 1937, referred to in subsec. (t)(4)(E), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally. See par. for Railroad Retirement Act of 1974 below.
The Railroad Retirement Act of 1974, referred to in subsec. (t)(4)(E), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101,
The month in which the Social Security Amendments of 1967 were enacted, referred to in the provisions following subsec. (t)(4)(E), is Jan. 1968, date of approval of Pub. L. 90–248.
The Internal Revenue Code of 1986, referred to in subsecs. (v) and (x)(3)(C), is classified generally to Title 26, Internal Revenue Code.
In subsec. (t)(4), (10), “sections 3329(a) and 3330(a) of title 31” substituted for “the first section of the Act of
2015—Subsec. (b)(1)(B). Pub. L. 114–74, § 831(a)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual,”.
Subsec. (c)(1)(B). Pub. L. 114–74, § 831(a)(2)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “has attained age 62 or (in the case of a husband) has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to child’s insurance benefits on the basis of the wages and self-employment income of such individual,”.
Subsec. (r)(1), (2). Pub. L. 114–74, § 831(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1) If the first month for which an individual is entitled to an old-age insurance benefit is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible for a wife’s or husband’s insurance benefit for such first month, such individual shall be deemed to have filed an application in such month for wife’s or husband’s insurance benefits.
“(2) If the first month for which an individual is entitled to a wife’s or husband’s insurance benefit reduced under subsection (q) of this section is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible (but for subsection (k)(4) of this section) for an old-age insurance benefit for such first month, such individual shall be deemed to have filed an application for old-age insurance benefits—
“(A) in such month, or
“(B) if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit.”
Subsec. (w)(2)(B)(ii). Pub. L. 114–74, § 831(b)(2), inserted “under subsection (z)” after “request”.
Subsec. (z). Pub. L. 114–74, § 831(b)(1), added subsec. (z).
2014—Subsec. (n)(2). Pub. L. 113–270, § 4, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “As soon as practicable after the removal of any individual under any of the paragraphs of section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Security of such removal.”
Subsec. (n)(3). Pub. L. 113–270, § 3(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For purposes of paragraphs (1) and (2) of this subsection, an individual against whom a final order of removal has been issued under paragraph (4)(D) of section 1227(a) of title 8 (relating to participating in Nazi persecutions or genocide) shall be considered to have been removed under such paragraph (4)(D) as of the date on which such order became final.”
Subsec. (n)(4). Pub. L. 113–270, § 3(b), added par. (4).
2013—Subsec. (x)(3)(B)(i)(I). Pub. L. 113–67, § 204(a)(1)(C), (D), inserted “dates of release or anticipated dates of release, dates of work release,” after “confinement commencement dates,” and “and clause (iv) of this subparagraph” after “paragraph (1)”.
Pub. L. 113–67, § 204(a)(1)(B), which directed amendment of subcl. (I) by substituting “or taxpayer identification numbers, prison assigned inmate numbers, last known addresses,” for the comma after “social security account numbers”, was executed by making the substitution for the comma after “Social Security account numbers” to reflect the probable intent of Congress.
Pub. L. 113–67, § 204(a)(1)(A), inserted “first, middle, and last” before “names”.
Subsec. (x)(3)(B)(iv). Pub. L. 113–67, § 204(b)(1)(A), inserted before period at end “, for statistical and research activities conducted by Federal and State agencies, and to the Secretary of the Treasury for the purposes of tax administration, debt collection, and identifying, preventing, and recovering improper payments under federally funded programs”.
Subsec. (x)(3)(B)(v). Pub. L. 113–67, § 204(b)(1)(B), added cl. (v).
2004—Subsec. (b)(2). Pub. L. 108–203, § 418(b)(1)(A), substituted “subsections (k)(5) and (q)” for “subsection (q) and paragraph (4) of this subsection”.
Subsec. (b)(4), (5). Pub. L. 108–203, § 418(b)(1)(B), redesignated par. (5) as (4) and struck out former par. (4), which related to reduction of a wife’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the wife for such month which is based upon her earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (c)(2). Pub. L. 108–203, § 418(b)(2), redesignated par. (3) as (2), substituted “subsections (k)(5) and (q)” for “subsection (q) and paragraph (2) of this subsection”, and struck out former par. (2), which related to reduction of a husband’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the husband for such month which is based upon his earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (c)(3) to (5). Pub. L. 108–203, § 418(b)(2)(A), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).
Subsec. (d)(6)(B). Pub. L. 108–203, § 420A(a), inserted “(i)” after “began” and added cl. (ii).
Subsec. (e)(2)(A). Pub. L. 108–203, § 418(b)(3)(A), substituted “subsection (k)(5), subsection (q),” for “subsection (q), paragraph (7) of this subsection,”.
Subsec. (e)(7) to (9). Pub. L. 108–203, § 418(b)(3)(B), redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7), which related to reduction of a widow’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widow for such month which is based upon her earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (f)(1)(B)(ii). Pub. L. 108–203, § 418(b)(4)(B)(i), substituted “paragraph (4)” for “paragraph (5)”.
Subsec. (f)(1)(F). Pub. L. 108–203, § 418(b)(4)(B)(ii), in cl. (i), substituted “paragraph (5)” for “paragraph (6)” and, in cl. (ii), substituted “paragraph (4)” for “paragraph (5)”.
Subsec. (f)(2). Pub. L. 108–203, § 418(b)(4)(A)(i), redesignated par. (3) as (2) and struck out former par. (2), which related to reduction of a widower’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widower for such month which is based upon his earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (f)(2)(A). Pub. L. 108–203, § 418(b)(4)(A)(ii), substituted “subsection (k)(5), subsection (q),” for “subsection (q), paragraph (2) of this subsection,”.
Subsec. (f)(3), (4). Pub. L. 108–203, § 418(b)(4)(A)(i), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).
Subsec. (f)(5). Pub. L. 108–203, § 418(b)(4)(A)(i), (B)(iii), redesignated par. (6) as (5) and substituted “paragraph (4)” for “paragraph (5)” in subpar. (A)(ii). Former par. (5) redesignated (4).
Subsec. (f)(6) to (9). Pub. L. 108–203, § 418(b)(4)(A)(i), redesignated pars. (7) to (9) as (6) to (8), respectively. Former par. (6) redesignated (5).
Subsec. (g)(2). Pub. L. 108–203, § 418(b)(5)(A), substituted “Such” for “Except as provided in paragraph (4) of this subsection, such”.
Subsec. (g)(4). Pub. L. 108–203, § 418(b)(5)(B), struck out par. (4), which related to reduction of a mother’s or father’s insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the individual for such month which is based upon the individual’s earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (k)(2)(B). Pub. L. 108–203, § 418(b)(4)(B)(iv), substituted “or (f)(3)” for “or (f)(4)” in two places.
Subsec. (k)(3)(A). Pub. L. 108–203, § 418(b)(4)(B)(v), substituted “or (f)(2)” for “or (f)(3)”.
Subsec. (k)(3)(B). Pub. L. 108–203, § 418(b)(4)(B)(vi), substituted “or (f)(3)” for “or (f)(4)”.
Subsec. (k)(5). Pub. L. 108–203, § 418(a), added par. (5).
Subsec. (n). Pub. L. 108–203, § 412(b)(1)(C), substituted “removal” for “deportation” in heading.
Subsec. (n)(1). Pub. L. 108–203, § 412(b)(1)(B), substituted “removed” for “deported” in introductory provisions.
Pub. L. 108–203, § 412(a)(1), substituted “section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8” for “section 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)” in introductory provisions.
Subsec. (n)(1)(A). Pub. L. 108–203, § 412(b)(2), inserted “or the Secretary of Homeland Security” after “the Attorney General”.
Pub. L. 108–203, § 412(b)(1)(B), substituted “removed” for “deported”.
Subsec. (n)(2). Pub. L. 108–203, § 412(b)(2), inserted “or the Secretary of Homeland Security” after “the Attorney General”.
Pub. L. 108–203, § 412(b)(1)(A), substituted “removal” for “deportation” in two places.
Pub. L. 108–203, § 412(a)(2), substituted “section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8” for “section 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)”.
Subsec. (n)(3). Pub. L. 108–203, § 412(a)(4), (b)(1)(A), (B), substituted “removed” for “deported” and “removal” for “deportation” and made technical amendment to reference in original act which appears in text as reference to section 1227(a) of title 8.
Pub. L. 108–203, § 412(a)(3), substituted “paragraph (4)(D) of section 1227(a) of title 8 (relating to participating in Nazi persecutions or genocide) shall be considered to have been deported under such paragraph (4)(D)” for “paragraph (19) of section 1227(a) of title 8 (relating to persecution of others on account of race, religion, national origin, or political opinion, under the direction of or in association with the Nazi government of Germany or its allies) shall be considered to have been deported under such paragraph (19)”.
Subsec. (x). Pub. L. 108–203, § 203(a)(1), substituted “prisoners, certain other inmates of publicly funded institutions, fugitives, probationers, and parolees” for “prisoners and certain other inmates of publicly funded institutions” in heading.
Subsec. (x)(1)(A)(iv), (v). Pub. L. 108–203, § 203(a)(2)–(4), added cls. (iv) and (v).
Subsec. (x)(1)(B)(iii), (iv). Pub. L. 108–203, § 203(a)(5), added cls. (iii) and (iv).
Subsec. (x)(3)(C). Pub. L. 108–203, § 203(a)(6), added subpar. (C).
2000—Subsec. (w)(2)(B)(ii). Pub. L. 106–182 substituted “or, if so entitled, did not receive benefits pursuant to a request by such individual that benefits not be paid” for “or suffered deductions under section 403(b) or 403(c) of this title in amounts equal to the amount of such benefit”.
1999—Subsec. (w)(2)(B)(iii). Pub. L. 106–169 added cl. (iii).
Subsec. (x)(1)(A). Pub. L. 106–170, § 402(b)(1)(A), substituted “ending with or during or beginning with or during a period of more than 30 days throughout all of which” for “during which” in introductory provisions.
Subsec. (x)(1)(A)(i). Pub. L. 106–170, § 402(d)(1)(A), struck out “or” at end.
Pub. L. 106–170, § 402(b)(1)(B), substituted “a criminal offense” for “an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)”.
Subsec. (x)(1)(A)(ii)(I). Pub. L. 106–170, § 402(b)(1)(C), substituted “a criminal offense” for “an offense punishable by imprisonment for more than 1 year”.
Subsec. (x)(1)(A)(ii)(IV). Pub. L. 106–170, § 402(d)(1)(B), substituted “, or” for period at end.
Subsec. (x)(1)(A)(iii). Pub. L. 106–170, § 402(d)(1)(C), added cl. (iii).
Subsec. (x)(1)(B)(ii). Pub. L. 106–170, § 402(d)(2), substituted “clauses (ii) and (iii)” for “clause (ii)”.
Subsec. (x)(3). Pub. L. 106–170, § 402(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).
1996—Subsec. (d)(1)(H). Pub. L. 104–121, § 104(b)(1), added subpar. (H).
Subsec. (d)(4). Pub. L. 104–121, § 104(a)(1), struck out “was living with or” before “was receiving at least one-half of his support”.
Subsec. (d)(10). Pub. L. 104–121, § 104(b)(2), added par. (10).
Subsec. (n). Pub. L. 104–208, § 308(g)(1), substituted “section 1227(a)” for “section 1251(a)” in pars. (1) to (3).
Subsec. (y). Pub. L. 104–208, § 503(a), added subsec. (y).
1994—Subsec. (b)(4)(A). Pub. L. 103–296, § 308(a)(1), (2), transferred closing provision for cl. (ii), which read “unless subparagraph (B) applies.”, to appear before “The amount” in closing provision for subpar. (A).
Subsec. (b)(4)(B). Pub. L. 103–296, § 308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (b)(4)(C), (5)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (c)(2)(A). Pub. L. 103–296, § 308(a)(1), (2), transferred closing provision for cl. (ii), which read “unless subparagraph (B) applies.”, to appear before “The amount” in closing provision for subpar. (A).
Subsec. (c)(2)(B). Pub. L. 103–296, § 308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (c)(2)(C), (5)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (d)(7)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner” for “him”.
Subsec. (d)(7)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (d)(8)(D)(ii). Pub. L. 103–296, § 321(a)(2), inserted period at end and realigned margin.
Subsec. (e)(1)(C)(ii)(III), (5)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (e)(7)(A). Pub. L. 103–296, § 308(a)(1), (2), transferred closing provision for cl. (ii), which read “unless subparagraph (B) applies.”, to appear before “The amount” in closing provision for subpar. (A).
Subsec. (e)(7)(B). Pub. L. 103–296, § 308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (e)(7)(C), (9). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (f)(1)(C)(ii)(III). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Subsec. (f)(2)(A). Pub. L. 103–296, § 308(a)(1), (2), transferred closing provision for cl. (ii), which read “unless subparagraph (B) applies.”, to appear before “The amount” in closing provision for subpar. (A).
Subsec. (f)(2)(B). Pub. L. 103–296, § 308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (f)(2)(C), (6)(B), (9). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (g)(4)(A). Pub. L. 103–296, § 308(a)(1), (2), transferred closing provision for cl. (ii), which read “unless subparagraph (B) applies.”, to appear before “The amount” in closing provision for subpar. (A).
Subsec. (g)(4)(B). Pub. L. 103–296, § 308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (g)(4)(C). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsecs. (i), (j)(1), (2), (5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (n)(1). Pub. L. 103–296, § 321(b)(1), made technical amendment to directory language of Pub. L. 101–649, § 603(b)(5)(A). See 1990 Amendment note below.
Subsecs. (n)(1)(A), (2), (p). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (q)(1)(A). Pub. L. 103–296, § 321(a)(3), struck out dash after “multiplied by” at end.
Subsec. (q)(5)(A)(i). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Subsec. (q)(9). Pub. L. 103–296, § 321(a)(4), in introductory provisions substituted “paragraph (1)” for “parargaph (1)”.
Subsec. (q)(9)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (t)(1)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”, “the Commissioner by” for “him by”, and “the Commissioner’s attention” for “his attention”.
Subsec. (t)(2). Pub. L. 103–296, § 107(a)(4), in introductory provisions substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (t)(4)(D). Pub. L. 103–296, § 321(a)(5), inserted “if the” before “Secretary of Veterans Affairs determines that such” and before “Secretary of Veterans Affairs certifies to the”.
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” before “his determinations with”.
Subsecs. (t)(8), (u)(2). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (v)(1). Pub. L. 103–296, § 321(c)(2)(A), substituted “Code of 1986” for “Code of 1954”.
Subsec. (v)(3)(A). Pub. L. 103–296, § 321(c)(2)(B), inserted “of the Internal Revenue Code of 1986” after “3127”.
Subsec. (x). Pub. L. 103–387, § 4(a)(1), inserted “and certain other inmates of publicly funded institutions” in heading.
Subsec. (x)(1). Pub. L. 103–387, § 4(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for such individual by a court of law and, as determined by the Commissioner of Social Security, is expected to result in such individual being able to engage in substantial gainful activity upon release and within a reasonable time.”
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (x)(3). Pub. L. 103–387, § 4(a)(3), substituted “any individual who is confined as described in paragraph (1) if the confinement is under the jurisdiction of such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section” for “any individual who is confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to his conviction of an offense which constituted a felony under applicable law, which the Commissioner of Social Security may require to carry out the provisions of this subsection”.
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
1991—Subsec. (o). Pub. L. 102–40 substituted “section 5105 of title 38” for “section 3005 of title 38”.
Subsec. (t)(4)(D). Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” before “determines was”, “Secretary of Veterans Affairs” for “if the Administrator” before “determines that”, and “Secretary of Veterans Affairs” for “if the Administrator” before “certifies”.
1990—Subsec. (e)(5). Pub. L. 101–508, § 5103(c)(2)(A), designated existing provision as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, in cl. (ii) substituted “(I)” and “(II)” for “(i)” and “(ii)”, respectively, and added subpar. (B).
Subsec. (e)(9). Pub. L. 101–508, § 5103(d)(1), added par. (9).
Subsec. (f)(6). Pub. L. 101–508, § 5103(c)(2)(B), designated existing provision as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, in cl. (ii) substituted “(I)” and “(II)” for “(i)” and “(ii)”, respectively, and added subpar. (B).
Subsec. (f)(9). Pub. L. 101–508, § 5103(d)(2), added par. (9).
Subsec. (j)(4)(A). Pub. L. 101–508, § 5116(a)(1), substituted “if the amount of the monthly benefit to which such individual would otherwise be entitled for any such month would be subject to reduction pursuant to subsection (q)” for “if the effect of entitlement to such benefit would be to reduce, pursuant to subsection (q), the amount of the monthly benefit to which such individual would otherwise be entitled for the month in which such application is filed”.
Subsec. (j)(4)(B)(i). Pub. L. 101–508, § 5116(a)(2), redesignated cl. (ii) as (i) and struck out former cl. (i) which read as follows: “If the individual applying for retroactive benefits is applying for such benefits under subsection (a) of this section, and there are one or more other persons who would (except for subparagraph (A)) be entitled for any month, on the basis of the wages and self-employment income of such individual and because of such individual’s entitlement to such retroactive benefits, to retroactive benefits under subsection (b), (c), or (d) of this section not subject to reduction under subsection (q) of this section, then subparagraph (A) shall not apply with respect to such month or any subsequent month.”
Subsec. (j)(4)(B)(ii) to (v). Pub. L. 101–508, § 5116(a)(2), redesignated cls. (iii) and (v) as (ii) and (iii), respectively, and struck out cl. (iv) which read as follows: “If the individual applying for retroactive benefits has excess earnings (as defined in section 403(f) of this title) in the year in which he or she files an application for such benefits which could, except for subparagraph (A), be charged to months in such year prior to the month of application, then subparagraph (A) shall not apply to so many of such months immediately preceding the month of application as are required to charge such excess earnings to the maximum extent possible.” Former cl. (ii) redesignated (i).
Subsec. (n)(1). Pub. L. 101–649, § 603(b)(5)(A), as amended by Pub. L. 103–296, § 321(b)(1), substituted “under section 1251(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)” for “under paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14), (15), (16), (17), (18), or (19) of section 1251(a) of title 8”.
Subsec. (n)(2). Pub. L. 101–649, § 603(b)(5)(B), substituted “(other than under paragraph (1)(C) or (1)(E) thereof)” for “enumerated in paragraph (1) in this subsection”.
1989—Subsec. (d)(8). Pub. L. 101–239, § 10301(b), struck out at end “In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of birth of such child.”
Subsec. (d)(8)(D). Pub. L. 101–239, § 10301(a), inserted “and” after comma at end of cl. (i), added cl. (ii), and struck out former cls. (ii) and (iii) which related to children living with such individual in the United States and receiving at least one-half of support from such individual and who had not attained the age of 18 before living with such individual.
Subsec. (j)(5). Pub. L. 101–239, § 10302(a)(1), added par. (5).
Subsec. (q)(3). Pub. L. 101–239, § 10203(a), redesignated subpar. (H) as (E) and struck out former subpars. (E), (F), and (G) which related to reductions in benefits for individuals entitled to both old-age and widow’s or widower’s insurance, reductions in benefits for individuals age 62 or over who are entitled to both disability insurance and widow’s or widower’s insurance, and reductions in benefits for individuals under age 62 who are entitled to both disability insurance and widow’s or widower’s insurance.
1988—Subsecs. (b)(4)(A)(ii)(II), (c)(2)(A)(ii)(II). Pub. L. 100–647, § 8014(a), substituted “the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980” for “chapter 84 of title 5”.
Subsec. (e)(1)(C). Pub. L. 100–647, § 8010(a)(1), (2), redesignated former cl. (ii) as (iii), added cls. (i) and (ii), and struck out former cl. (i) which read as follows: “has filed application for widow’s insurance benefits, or was entitled to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, and (I) has attained retirement age (as defined in section 416(l) of this title) or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title, or”.
Subsec. (e)(7)(A)(ii)(II). Pub. L. 100–647, § 8014(a), substituted “the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980” for “chapter 84 of title 5”.
Subsec. (e)(8). Pub. L. 100–647, § 8010(a)(3), added par. (8).
Subsec. (f)(1)(C). Pub. L. 100–647, § 8010(b)(1), (2), redesignated former cl. (ii) as (iii), added cls. (i) and (ii), and struck out former cl. (i) which read as follows: “has filed application for widower’s insurance benefits or was entitled to husband’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which she died, and (I) has attained retirement age (as defined in section 416(l) of this title) or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title, or”.
Subsec. (f)(2)(A)(ii)(II). Pub. L. 100–647, § 8014(a), substituted “the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980” for “chapter 84 of title 5”.
Subsec. (f)(8). Pub. L. 100–647, § 8010(b)(3), added par. (8).
Subsec. (g)(4)(A)(ii)(II). Pub. L. 100–647, § 8014(a), substituted “the Federal Employees’ Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980” for “chapter 84 of title 5”.
Subsec. (n)(1). Pub. L. 100–647, § 8004(a), inserted reference to par. (19) of section 1251(a) of title 8 in introductory provisions.
Subsec. (n)(3). Pub. L. 100–647, § 8004(b), added par. (3).
Subsec. (v). Pub. L. 100–647, § 8007(b), designated existing provisions as par. (1), inserted “and subject to paragraph (3),” after “Notwithstanding any other provisions of this subchapter,”, struck out “; except that, if thereafter such individual’s tax exemption under such section 1402(g) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this subchapter and part A of subchapter XVIII of this chapter to the extent based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year” after “the filing of such waiver”, and added pars. (2) and (3).
1987—Subsec. (b)(4). Pub. L. 100–203, § 9007(a), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a wife’s insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”
Subsec. (c)(2). Pub. L. 100–203, § 9007(b), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a husband’s insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such husband (or divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”
Subsec. (d)(1)(G)(i). Pub. L. 100–203, § 9010(b), substituted “36 months” for “15 months”.
Subsec. (e)(1). Pub. L. 100–203, § 9010(c), substituted “36 months” for “15 months” in subcl. (II) of last sentence.
Subsec. (e)(7). Pub. L. 100–203, § 9007(c), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a widow’s insurance benefit for each month as determined (after application of the provisions of subsections (q) and (k) of this section, paragraph (2)(D), and paragraph (3)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”
Subsec. (f)(1). Pub. L. 100–203, § 9010(d), substituted “36 months” for “15 months” in subcl. (II) of last sentence.
Subsec. (f)(2). Pub. L. 100–203, § 9007(d), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a widower’s insurance benefit for each month (as determined after application of the provisions of subsections (k) and (q) of this section, paragraph (3)(D), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widower for such month which is based upon his earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”
Subsec. (g)(4). Pub. L. 100–203, § 9007(e), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a mother’s or father’s insurance benefit for each month to which any individual is entitled under this subsection (as determined after application of subsection (k) of this section) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual’s earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day such individual was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”
1986—Subsec. (c)(5)(B). Pub. L. 99–514, § 1883(a)(1), substituted “or (J)” for “or (I)”.
Subsec. (d)(6)(E). Pub. L. 99–272, § 12107(a), substituted “the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title,” for “the third month following the month in which he ceases to be under such disability”.
Subsec. (d)(8)(D)(ii)(III). Pub. L. 99–272, § 12104(a), inserted “or great-grandchild” after “grandchild”.
Subsec. (q)(5)(A)(i). Pub. L. 99–514, § 1883(a)(2), substituted “prescribed by the Secretary” for “prescribed by him”.
Subsec. (q)(5)(C). Pub. L. 99–514, § 1883(a)(3), which directed substitution of “he or she shall be deemed” for “she shall be deemed” was not executed because of prior amendment substituting “he or she” for “she” by Pub. L. 98–21, § 309(c)(4). See 1983 Amendment note below.
1984—Subsec. (a). Pub. L. 98–369, § 2662(c)(1), made a clarifying amendment to Pub. L. 98–21, § 201(c)(1)(A). See 1983 Amendment note below.
Subsec. (c)(1). Pub. L. 98–369, § 2661(b)(1)(A), (B), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65” in cls. (i) and (ii)(I) of provisions following subpar. (D) and preceding subpar. (E).
Pub. L. 98–369, § 2661(b)(1)(C), substituted “in which” for “to which” in provisions following cl. (ii) of provisions following subpar. (D) and preceding subpar. (E).
Subsec. (c)(5)(A). Pub. L. 98–369, § 2661(b)(2), substituted “clauses (i) and (ii)” for “classes (i) and (ii)”.
Subsec. (d)(1). Pub. L. 98–369, § 2663(a)(2)(A)(i), substituted “subparagraphs” for “paragraphs” and “subparagraph” for “paragraph” in cl. (ii) of provisions following subpar. (C) and preceding subpar. (D).
Subsec. (d)(1)(G). Pub. L. 98–369, § 2663(a)(2)(A)(ii), in restructuring subpar. (G), struck out the comma after “age of 18”, substituted a dash for a comma after “the age of 22”, substituted “(i) the termination month, subject to section 423(e) of this title (and for purposes” for “, or, subject to section 423(e) of this title, the termination month (and for purposes”, and inserted closing parenthesis after “activity” and substituted “(ii)” and “(iii)” for “(III)” and “(IV)”, respectively.
Subsec. (d)(7)(A). Pub. L. 98–369, § 2663(a)(2)(A)(iii), substituted “the effective date of this sentence” for “the date of enactment of this paragraph”.
Subsec. (e)(1). Pub. L. 98–369, § 2663(a)(2)(B), in provisions following subpar. (F)(ii), struck out first of two commas following “age 60” and substituted “she engages” for “he engages”.
Subsec. (e)(2)(A). Pub. L. 98–369, § 2661(c)(1), substituted “paragraph (7) of this subsection” for “paragraph (8) of this subsection”.
Subsec. (e)(2)(C). Pub. L. 98–369, § 2661(c)(2), struck out the period after “If such deceased individual” and inserted a closing parenthesis after “paragraph (3) of such subsection (w)”.
Subsec. (e)(7)(A). Pub. L. 98–369, § 2661(c)(3), substituted “paragraph (2)(D)” for “paragraph (2)(B)”.
Subsec. (f)(1). Pub. L. 98–369, § 2663(a)(2)(C), struck out the first of two commas after “age 60” in provisions following subpar. (F).
Subsec. (f)(1)(C)(ii). Pub. L. 98–369, § 2661(d)(1), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65”.
Subsec. (f)(2)(A). Pub. L. 98–369, § 2661(d)(2), substituted “paragraph (3)(D)” for “paragraph (3)(B)”.
Subsec. (f)(3)(C). Pub. L. 98–369, § 2661(d)(3), struck out the period after “If such deceased individual”.
Subsec. (f)(3)(D)(i). Pub. L. 98–369, § 2663(a)(2)(D), struck out the semicolon after “applicable,”.
Subsec. (i). Pub. L. 98–369, § 2663(a)(2)(E), amended language being deleted by Pub. L. 97–35, § 2202(a)(1). See 1981 Amendment note below.
Subsec. (q)(3)(E). Pub. L. 98–369, § 2662(c)(1), made a clarifying amendment to Pub. L. 98–21, § 201(c)(1)(A). See 1983 Amendment note below.
Subsec. (q)(3)(G). Pub. L. 98–369, § 2663(a)(2)(F)(i), substituted “if the period” for “as if the period”.
Subsec. (q)(7)(E). Pub. L. 98–369, § 2663(a)(2)(F)(ii), substituted “she or he attained retirement age” for “he attained retirement age”.
Subsec. (q)(9)(B)(i). Pub. L. 98–369, § 2661(e), substituted “section 416(l) of this title” for “section 416(a) of this title”.
Subsec. (t)(4)(E). Pub. L. 98–369, § 2663(a)(2)(G), inserted “of 1937 or 1974” after “Railroad Retirement Act” the first place it appears and substituted references to section 5(k)(1) of the Railroad Retirement Act of 1937 and section 18(2) of the Railroad Retirement Act of 1974 for reference to section 5(k)(1) of the Railroad Retirement Act.
Subsec. (u)(1)(B). Pub. L. 98–369, § 2663(a)(2)(H), struck out “, 822, or 823” after “section 783”.
1983—Subsec. (a). Pub. L. 98–21, § 201(c)(1)(A), as amended by Pub. L. 98–369, § 2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 or the age of 65, wherever appearing.
Subsec. (b)(1). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.
Subsec. (b)(3). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that, in the case of such a marriage to an individual entitled to benefits under subsection (d) of this section, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsection (d) of this section unless he ceased to be so entitled by reason of his death.
Subsec. (b)(3)(A). Pub. L. 98–21, §§ 301(a)(7), 309(a), inserted references to subsecs. (c) and (g), respectively.
Subsec. (b)(4)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.
Subsec. (b)(5). Pub. L. 98–21, § 132(a), added par. (5).
Subsec. (c)(1). Pub. L. 98–21, § 301(a)(1), inserted “and every divorced husband (as defined in section 416(d) of this title)” before “of an individual”, and “or such divorced husband” after “if such husband” in provisions preceding subpar. (A).
Pub. L. 98–21, § 306(d), in provisions following subpar. (D) and preceding subpar. (E), inserted “(subject to subsection (s))” after “be entitled to”.
Pub. L. 98–21, § 201(c)(1)(A), which directed the substitution of “retirement age (as defined in section 416(l) of this title” for “age 65” in provisions following subpar. (D) and preceding subpar. (E) was executed to those provisions after the execution of the amendment by section 301(a)(2)(C) of Pub. L. 98–21 as the probable intent of Congress.
Pub. L. 98–21, § 301(a)(2)(C), amended provisions following subpar. (D) generally, inserting references to a divorced husband and to subpar. (D), designating existing provisions as subpars. (E) to (G) and (I) and (J), adding subpar. (H), and revising subpar. (G).
Subsec. (c)(1)(B). Pub. L. 98–21, § 306(e), inserted alternative provisions relating to the case of a husband.
Subsec. (c)(1)(C). Pub. L. 98–21, § 301(a)(2)(A), (B), added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (c)(1)(D). Pub. L. 98–21, § 301(a)(8), substituted “such individual” for “his wife” after “amount of”.
Pub. L. 98–21, § 301(a)(2)(B), redesignated former subpar. (C) as (D).
Subsec. (c)(1)(I) to (K). Pub. L. 98–21, § 306(f), added subpar. (I), and redesignated subpars. (I) and (J), as added by section 301(a)(2)(C) of Pub. L. 98–21, as (J) and (K).
Subsec. (c)(2)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98–21, § 301(a)(6), inserted “(or divorced husband)” after “payable to such husband”.
Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.
Subsec. (c)(3). Pub. L. 98–21, § 301(a)(3), inserted “(or, in the case of a divorced husband, his former wife)” before “for such month”.
Subsec. (c)(4), (5). Pub. L. 98–21, § 301(a)(4), (5), added pars. (4) and (5).
Subsec. (d)(5). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to benefits under section 423(a) of this title or this subsection, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or this subsection unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsection (a) of this section.
Subsec. (d)(5)(A). Pub. L. 98–21, § 301(a)(9), inserted reference to subsec. (c).
Subsec. (d)(8)(D)(ii)(II). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.
Subsec. (e)(1). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F).
Pub. L. 98–21, § 133(a)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (2))” after “primary insurance amount” in provisions following subpar. (F).
Subsec. (e)(1)(B)(ii). Pub. L. 98–21, § 131(a)(3)(B), substituted reference to par. (4) for reference to par. (5).
Subsec. (e)(1)(C). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.
Subsec. (e)(1)(D). Pub. L. 98–21, § 133(a)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (2))” after “primary insurance amount”.
Subsec. (e)(1)(F)(i). Pub. L. 98–21, § 131(a)(3)(C), substituted reference to par. (5) for reference to par. (6).
Subsec. (e)(1)(F)(ii). Pub. L. 98–21, § 131(a)(3)(C), substituted reference to par. (4) for reference to par. (5).
Subsec. (e)(2)(A). Pub. L. 98–21, § 133(a)(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Except as provided in subsection (q) of this section, paragraph (7) of this subsection, and subparagraph (B) of this paragraph, such widow’s insurance benefit for each month shall be equal to the primary insurance amount (as determined after application of the following sentence) of such deceased individual. If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon application have received) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section the number of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the conditions in paragraph (2) of subsection (w) of this section.”
Pub. L. 98–21, § 131(a)(3)(D), substituted reference to par. (7) for reference to par. (8).
Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)(B)” for “section 415(f)(5) or (6)”.
Subsec. (e)(2)(B). Pub. L. 98–21, § 133(a)(1)(A), added subpar. (B) and redesignated former subpar. (B) as (D).
Subsec. (e)(2)(B)(i). Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)(B)” for “section 415(f)(5) or (6)”.
Subsec. (e)(2)(C), (D). Pub. L. 98–21, § 133(a)(1), added subpar. (C) and redesignated former subpar. (B) as (D).
Subsec. (e)(2)(D)(ii). Pub. L. 98–21, § 133(a)(2)(B), inserted “(as determined without regard to subparagraph (C))” after “primary insurance amount”.
Subsec. (e)(3). Pub. L. 98–21, § 131(a)(1)–(3)(A), redesignated par. (4) as (3) and substituted provision that, for purposes of par. (1), if (A) a widow or surviving divorced wife marries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection, or (B) a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50, such marriage shall be deemed not to have occurred, for provision that if a widow, after attaining age 60, married, such marriage would for purposes of par. (1) be deemed not to have occurred. Former par. (3), which provided that if a widow before attaining age 60, or a surviving divorced wife, married (A) an individual entitled to benefits under subsec. (f) or (h), or (B) an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such widow’s or surviving divorced wife’s entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection, but subject to subsec. (s), not be terminated by reason of such marriage, except that, in the case of such a marriage to an individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death, was struck out.
Subsec. (e)(4). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (e)(5). Pub. L. 98–21, § 131(a)(3)(A), (E), redesignated par. (6) as (5) and substituted reference to par. (4) for reference to par. (5). Former par. (5) redesignated (4).
Subsec. (e)(6). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Subsec. (e)(7). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (e)(7)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98–21, § 131(a)(3)(F), substituted reference to par. (3) for reference to par. (4).
Subsec. (e)(8). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (8) as (7).
Subsec. (e)(8)(A). Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.
Subsec. (f)(1). Pub. L. 98–21, § 301(b)(1), inserted “and every surviving divorced husband (as defined in section 416(d) of this title)” before “of an individual”, and “or such surviving divorced husband” after “if such widower” in provisions preceding subpar. (A).
Pub. L. 98–21, § 301(b)(2), substituted “such deceased individual” for “his deceased wife” in provisions following subpar. (F).
Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F).
Pub. L. 98–21, § 133(b)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (3))” after “primary insurance amount” in provisions following subpar. (F).
Subsec. (f)(1)(A). Pub. L. 98–21, § 302, substituted “is not married” for “has not remarried”.
Subsec. (f)(1)(B)(ii). Pub. L. 98–21, § 131(b)(3)(B), substituted reference to par. (5) for reference to par. (6).
Subsec. (f)(1)(C)(i). Pub. L. 98–21, § 306(g), designated existing provisions as cl. (i).
Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (f)(1)(C)(ii). Pub. L. 98–21, § 201(c)(1)(A), which directed the substitution of “retirement age (as defined in section 416(l) of this title)” for “age 65” in cl. (ii) was executed to those provisions after the execution of section 306(g) of Pub. L. 98–21 as the probable intent of Congress.
Pub. L. 98–21, § 306(g), added cl. (ii).
Subsec. (f)(1)(D). Pub. L. 98–21, § 301(b)(2), substituted “such deceased individual” for “his deceased wife”.
Pub. L. 98–21, § 133(b)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (3))” after “primary insurance amount”.
Subsec. (f)(1)(F)(i). Pub. L. 98–21, § 131(b)(3)(C), substituted reference to par. (6) for reference to par. (7).
Subsec. (f)(1)(F)(ii)(I). Pub. L. 98–21, § 131(b)(3)(C), substituted reference to par. (5) for reference to par. (6).
Subsec. (f)(2)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98–21, § 131(b)(3)(D), substituted reference to par. (4) for reference to par. (5).
Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.
Subsec. (f)(3)(A). Pub. L. 98–21, § 133(b)(1)(B), amended subpar. (A) generally. Prior to the amendment subpar. (A) read as follows: “Except as provided in subsection (q) of this section, paragraph (2) of this subsection, and subparagraph (B) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount (as determined after application of the following sentence) of his deceased wife. If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of subsection (w) of this section.”
Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)(B)” for “section 415(f)(5) or (6)”.
Subsec. (f)(3)(B). Pub. L. 98–21, § 133(b)(1), added subpar. (B) and redesignated former subpar. (B) as (D).
Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)” for “section 415(f)(5) or (6)”.
Subsec. (f)(3)(B)(ii)(II). Pub. L. 98–21, § 301(b)(3), inserted “or surviving divorced husband” after “widower”.
Subsec. (f)(3)(C). Pub. L. 98–21, § 133(b)(1)(B), added subpar. (C).
Subsec. (f)(3)(D). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower” wherever appearing.
Pub. L. 98–21, § 301(b)(5), substituted “individual” for “wife” wherever appearing.
Pub. L. 98–21, § 133(b)(1)(A), redesignated former subpar. (B) as (D).
Subsec. (f)(3)(D)(ii). Pub. L. 98–21, § 133(b)(2)(B), inserted “(as determined without regard to subparagraph (C))” after “primary insurance amount”.
Subsec. (f)(4). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower” in two places.
Pub. L. 98–21, § 131(b)(1)–(3)(A), redesignated par. (5) as (4), and amended par. (4) as so redesignated generally, substituting provision that for purposes of par. (1), if a widower married after attaining age 60 (or after attaining age 50 if entitled before such marriage occurred to benefits based on disability under this subsection), or a disabled widower described in paragraph (1)(B)(ii) married after attaining age 50, such marriage would be deemed not to have occurred, for provision that if a widower married after attaining age 60, such marriage would be deemed not to have occurred for purposes of par. (1). Former par. (4), which had provided that if a widower, before attaining age 60, remarried an individual entitled to benefits under subsec. (b), (e), (g), or (h) or an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such widower’s entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection but subject to subsec. (s), not be terminated by reason of such marriage, was struck out.
Subsec. (f)(5). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower” in provisions preceding subpar. (A).
Pub. L. 98–21, § 131(b)(3)(A), redesignated par. (6) as (5). Former par. (5) redesignated (4).
Subsec. (f)(5)(B), (C). Pub. L. 98–21, § 306(h), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (f)(6). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower”.
Pub. L. 98–21, § 131(b)(3)(A), (E), redesignated par. (7) as (6) and substituted reference to par. (5) for reference to par. (6). Former par. (6) redesignated (5).
Subsec. (f)(7), (8). Pub. L. 98–21, § 131(b)(3)(A), redesignated par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (g). Pub. L. 98–21, § 306(a)(7), inserted “or father’s” after “mother’s” wherever appearing.
Subsec. (g)(1). Pub. L. 98–21, § 306(a)(8), struck out “after August 1950” after “beginning with the first month” in provisions following subpar. (F).
Pub. L. 98–21, § 306(a)(1), (2), (5), (6), substituted “surviving spouse” for “widow”, “surviving spouse’s” for “widow’s”, “he or she” for “she”, and “parent” for “mother”, wherever appearing.
Subsec. (g)(1)(D). Pub. L. 98–21, § 306(a)(3), substituted “a spouse’s insurance benefit” for “wife’s insurance benefits” and “such individual” for “he”.
Subsec. (g)(1)(E), (F)(i). Pub. L. 98–21, § 306(a)(4), substituted “his or her” for “her”.
Subsec. (g)(3). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to an individual entitled to benefits under section 423(a) of this title or subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or subsec. (d) unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsec. (a).
Pub. L. 98–21, § 306(a)(1), (6), substituted “surviving spouse” for “widow” and “parent” for “mother” wherever appearing.
Subsec. (g)(3)(A). Pub. L. 98–21, § 306(a)(9)(B), inserted reference to this subsection and subsecs. (b) and (e).
Pub. L. 98–21, § 301(b)(6), inserted reference to subsec. (c).
Subsec. (g)(4)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.
Subsec. (h)(4). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death.
Subsec. (h)(4)(A). Pub. L. 98–21, § 301(b)(7), inserted reference to subsec. (c).
Subsec. (j)(4)(B)(iii) to (v). Pub. L. 98–21, § 334(a), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively.
Subsec. (k)(2)(B), (3)(B). Pub. L. 98–21, § 131(b)(3)(F), (G), substituted references to subsecs. (e)(3) and (f)(4) for references to subsecs. (e)(4) and (f)(5), respectively, wherever appearing.
Subsec. (m). Pub. L. 98–21, §§ 111(a)(7), 134(b), in par. (1) substituted “November” for “May” and in par. (2)(B) substituted “subsection (q)(6)(B)” for “subsection (q)(6)(A)(ii)”, as subsec. (m) [notwithstanding its repeal by Pub. L. 97–35] continues to apply in certain cases by reason of section 2(j)(2)–(4) of Pub. L. 97–123, set out as an Effective Date of 1981 Amendment note under section 415 of this title. As thus amended subsec. (m) would read as follows:
“(1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of a primary insurance amount computed under section 415(a) or (d) of this title, as in effect after December 1978, on the basis of the wages and self-employment income of a deceased individual for any month and no other person is (without the application of subsection (j)(1) of this section) entitled to a monthly benefit under this section for that month on the basis of such wages and self-employment income, the individual’s benefit amount for that month, prior to reduction under subsection (k)(3) of this section, shall not be less than that provided by subparagraph (C)(1)(I) of section 415(a)(1) of this title and increased under section 415(i) of this title for months after November of the year in which the insured individual died as though such benefit were a primary insurance amount.
“(2) In the case of any such individual who is entitled to a monthly benefit under subsection (e) or (f) of this section, such individual’s benefit amount, after reduction under subsection (q)(1) of this section, shall be not less than—
“(A) $84.50, if his first month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or
“(B) $84.50 reduced under subsection (q)(1) of this section as if retirement age as specified in subsection (q)(6)(B) of this section were age 62 instead of the age specified in subsection (q)(9) of this section, if his first month of entitlement to such benefit is before the month in which he attained age 62.
“(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) of this section for a month prior to any month after 1972 for which a general benefit increase under this subchapter (as defined in section 415(i)(3) of this title) or a benefit increase under section 415(i) of this title becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q)(1) of this section pursuant to paragraph (2)(B) and subsection (q)(4) of this section.”
Subsec. (q)(1). Pub. L. 98–21, § 201(b)(2), substituted “Subject to paragraph (9), if” for “If” at beginning of par. (1).
Pub. L. 98–21, § 134(a)(1), struck out provisions following subpar. (B)(ii) which directed that in the case of a widow or widower whose first month of entitlement to a widow’s or widower’s insurance benefit was a month before the month in which such widow or widower attained age 60, such benefit, reduced pursuant to preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), had to be further reduced by 43⁄240 of 1 percent of the amount of such benefit, multiplied by the number of months in the additional reduction period for such benefit (determined under paragraph (6)(B)), if such benefit was for a month before the month in which such individual attained age 62, or if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit was for the month in which such individual attained age 62 or any month thereafter.
Subsec. (q)(1)(B)(i). Pub. L. 98–21, § 134(a)(2)(C), substituted “paragraph (6)” for “paragraph (6)(A)”.
Subsec. (q)(2). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (q)(3)(A)(i). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (q)(3)(E). Pub. L. 98–21, § 309(b), inserted “or surviving divorced husband” after “widower”.
Pub. L. 98–21, § 201(c)(1)(A), as amended by Pub. L. 98–369, § 2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to the age of 65.
Subsec. (q)(3)(E)(ii). Pub. L. 98–21, § 134(a)(2)(C), substituted “paragraph (6)” for “paragraph (6)(A)”.
Subsec. (q)(3)(F). Pub. L. 98–21, § 309(b), inserted “or surviving divorced husband” after “widower”.
Subsec. (q)(3)(F)(ii)(I). Pub. L. 98–21, § 134(a)(2)(C), substituted “paragraph (6)” for “paragraph (6)(A)”.
Subsec. (q)(3)(G). Pub. L. 98–21, § 309(b), inserted “or surviving divorced husband” after “widower”.
Pub. L. 98–21, § 134(a)(2)(B), substituted “paragraph (6)” for “paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B))”.
Subsec. (q)(5). Pub. L. 98–21, § 309(c)(4), substituted “he or she” for “she” wherever appearing.
Pub. L. 98–21, § 309(c)(1), inserted “or husband’s” after “wife’s” wherever appearing.
Subsec. (q)(5)(A)(i). Pub. L. 98–21, § 309(c)(2), substituted “him or her” for “her”.
Subsec. (q)(5)(A)(ii). Pub. L. 98–21, § 309(c)(3), substituted “the” for “her” after “income”.
Subsec. (q)(5)(B)(ii). Pub. L. 98–21, § 309(c)(6), substituted “the individual” for “the woman”.
Subsec. (q)(5)(C). Pub. L. 98–21, § 309(c)(6), substituted “an individual” for “a woman”.
Pub. L. 98–21, § 309(c)(5), substituted “his or her” for “her”.
Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 wherever appearing.
Subsec. (q)(5)(D). Pub. L. 98–21, § 309(c)(7), inserted “or widower’s” after “widow’s”, substituted “spouse” for “husband” wherever appearing, substituted “spouse’s” for “husband’s” wherever appearing, and inserted “or father’s” after “mother’s”.
Pub. L. 98–21, § 309(c)(5), substituted “his or her” for “her” in three places.
Subsec. (q)(6). Pub. L. 98–21, § 134(a)(2)(A), amended par. (6) generally, striking out subpar. designation “(A)” after “this subsection” and redesignated cl. (i) as subpar. (A), in subpar. (A) as so redesignated, redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively, redesignated former cl. (ii) as subpar. (B), and struck out former subpar. (B), which had provided that the “additional reduction period” for an individual’s widow’s or widower’s insurance benefit was the period beginning with the first day of the first month for which such individual was entitled to such benefit, but only if such individual had not attained age 60 in such first month, and ending with the last day of the month before the month in which such individual attained age 60.
Subsec. (q)(6)(A)(i). Pub. L. 98–21, § 309(d)(1), struck out “or husband’s” after “old-age”.
Subsec. (q)(6)(A)(ii). Pub. L. 98–21, § 309(d)(1), inserted “or husband’s” after “wife’s”.
Subsec. (q)(7). Pub. L. 98–21, § 134(a)(3), amended provisions preceding subpar. (A) generally, substituting reference to par. (6) for reference to par. (6)(A), and striking out provision that the additional adjusted reduction period for an individual’s, widow’s, or widower’s insurance benefit was the additional reduction period prescribed by par. (6)(B) for such benefit, with the same exclusions as from the adjusted reduction period.
Subsec. (q)(7)(B). Pub. L. 98–21, § 309(d)(2)(A), inserted “or husband’s” after “wife’s”, substituted “such individual” for “she”, and inserted “his or” before “her”.
Subsec. (q)(7)(D). Pub. L. 98–21, § 309(d)(2)(B), inserted “or widower’s” after “widow’s”.
Subsec. (q)(9). Pub. L. 98–21, § 201(b)(1), amended par. (9) generally, substituting provisions defining the amount of reduction for early retirement specified in par. (1) for provision that, for purposes of this subsection, the term “retirement age” meant age 65.
Subsec. (q)(10). Pub. L. 98–21, § 134(a)(4)(A), in that part of second sentence preceding cl. (A) struck out “or an additional adjusted reduction period” after “the use of an adjusted reduction period”.
Subsec. (q)(10)(B)(i). Pub. L. 98–21, § 134(a)(4)(B), struck out “, plus the number of months in the adjusted additional reduction period multiplied by 43⁄240 of 1 percent” before “to (ii)”.
Subsec. (q)(10)(B)(ii). Pub. L. 98–21, § 134(a)(4)(C), struck out “plus the number of months in the additional reduction period multiplied by 43⁄240 of 1 percent,” after “1 percent”.
Subsec. (q)(10)(C). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (q)(10)(C)(i). Pub. L. 98–21, § 134(a)(4)(B), struck out “, plus the number of months in the adjusted additional reduction period multiplied by 43⁄240 of 1 percent” before “to (ii)”.
Subsec. (q)(10)(C)(ii). Pub. L. 98–21, § 134(a)(4)(D), struck out “plus the number of months in the adjusted additional reduction period multiplied by 43⁄240 of 1 percent.” after “1 percent,”.
Subsec. (r)(1), (2). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (s)(1). Pub. L. 98–21, § 309(e)(1), inserted reference to subsec. (c)(1).
Subsec. (s)(2). Pub. L. 98–21, § 309(e)(2), inserted reference to subsec. (c)(4).
Pub. L. 98–21, § 131(c)(1), substituted “So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4)” for “Subsection (f)(4), and so much of subsections (b)(3), (d)(5), (e)(3), (g)(3), and (h)(4)”.
Subsec. (s)(3). Pub. L. 98–21, § 309(e)(3), substituted “The last sentence” for “So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence”.
Pub. L. 98–21, § 131(c)(2), struck out “(e)(3),” after “(d)(5),”.
Subsec. (t)(2), (4). Pub. L. 98–21, § 340(b), substituted “Subject to paragraph (11), paragraph (1)” for “Paragraph (1)”.
Subsec. (t)(11). Pub. L. 98–21, § 340(a)(2), added par. (11).
Subsec. (w)(1)(A). Pub. L. 98–21, § 114(a), substituted a definition of the multiplicand as the applicable percentage (as determined under paragraph (6)) of such amount for a definition of the multiplicand as 1⁄12 of 1 percent of such amount, or, in the case of an individual who first becomes eligible for an old-age insurance benefit after December 1978, one-quarter of 1 percent of such amount.
Subsec. (w)(2)(A). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Pub. L. 98–21, § 114(c)(1), substituted “age 70” for “age 72”.
Subsec. (w)(3). Pub. L. 98–21, § 114(c)(1), substituted “age 70” for “age 72”.
Subsec. (w)(6). Pub. L. 98–21, § 114(b), added par. (6).
Subsec. (x). Pub. L. 98–21, § 339(a), added subsec. (x).
1981—Subsec. (a). Pub. L. 97–35, § 2203(a), substituted in provision following par. (3) provision specifying the beginning month of entitlement in the case of an individual who has attained age 65 and in the case of an individual who has attained the age of 62, but not the age of 65, for provision specifying the beginning month of entitlement as the first month after August 1950 in which the individual becomes entitled.
Subsec. (b)(1). Pub. L. 97–35, § 2203(b)(1), substituted in provision following subpar. (D) provision specifying the beginning month of entitlement in the case of a wife or divorced wife who has attained the age of 65 and in the case of a wife or divorced wife who has not attained the age of 65 or of an individual entitled to disability insurance benefits for provision specifying the beginning month of entitlement as the first month the wife or divorced wife becomes so entitled to such benefits.
Subsec. (c)(1). Pub. L. 97–35, § 2203(c)(1), substituted in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a husband who has attained the age of 65 and in the case of a husband who has not attained the age of 65 or of an individual entitled to disability benefits for provision specifying the beginning month of entitlement as the first month after August 1950 in which he becomes entitled to benefits.
Subsec. (d)(1). Pub. L. 97–35, §§ 2203(d)(1), 2210(a)(1), (5)(A), substituted in subpars. (B)(i), (E)(ii), (F)(i), and (G)(III) “full-time elementary or secondary school student” for “full-time student”, in subpars. (B)(i), (F)(ii), and (G)(IV) “19” for “22”, and in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a child of an individual who has died and of a child of an individual entitled to an old-age insurance benefit or a disability insurance benefit for provision specifying the beginning month of entitlement as the first month after August 1950 in which such child becomes entitled to benefits.
Subsec. (d)(6)(A). Pub. L. 97–35, § 2210(a)(5)(B), substituted “full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not attained the age of 22” for “full-time student or is under a disability (as defined in section 423(d) of this title), and (ii) had not attained the age of 22”.
Subsec. (d)(6)(D), (E). Pub. L. 97–35, § 2210(a)(1), (5)(A), substituted in cl. (i) “full-time elementary or secondary school student” for “full-time student” and in cl. (ii) “19” for “22”.
Subsec. (d)(7)(A). Pub. L. 97–35, §§ 2203(d)(2), 2210(a)(1), (2), substituted “full-time elementary or secondary school student” for “full-time student” wherever appearing, “elementary or secondary school” for “educational institution” wherever appearing, and “schools involved” for “institutions involved” and inserted provision that an individual who is determined to be a full-time elementary or secondary school student be deemed to be such a student throughout the month with respect to which such determination is made.
Subsec. (d)(7)(B). Pub. L. 97–35, § 2210(a)(1), (2)(A), substituted “full-time elementary or secondary school student” for “full-time student” and “elementary or secondary school” for “educational institution” wherever appearing.
Subsec. (d)(7)(C). Pub. L. 97–35, § 2210(a)(3), substituted provision defining “elementary or secondary school” and provision that for the purpose of determining whether a child is a “full-time elementary or secondary school student” or “intends to continue to be in full-time attendance at an elementary or secondary school” there be disregarded any education provided, or to be provided, beyond grade 12 for provision defining the term “educational institution”.
Subsec. (d)(7)(D). Pub. L. 97–35, § 2210(a)(1), (2)(A), (4), (5)(A), substituted “19” for “22”, “full-time elementary or secondary school student” for “full-time student”, “diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i))” for “degree from a four-year college or university”, and “elementary or secondary school” for “educational institution”.
Subsec. (i). Pub. L. 97–35, § 2201(f), inserted in provision preceding par. (1) “(as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to repeal of the minimum benefit provisions)”.
Pub. L. 97–35, § 2202(a)(1), as amended by Pub. L. 98–369, § 2663(a)(2)(E), substituted in par. (1) provision that a qualifying widow or widower be paid for provision that unpaid burial expenses to a funeral home be paid and in par. (2) provision for payment in the event that no one qualifies or if the person entitled dies before receiving payment for provision for payment if all burial expenses incurred by or through a funeral home were paid, and struck out pars. (3) and (4), which provided for payment if the body of the insured is not available for burial but expenses were incurred for a memorial marker, service, etc., and for distribution of any amounts remaining available after payments under this subsection were made, respectively, and struck out “(except a payment authorized pursuant to clause (1)(A) of the preceding sentence)” after “No payment”.
Subsec. (m). Pub. L. 97–35, § 2201(b)(10), struck out subsec. (m) which related to the minimum survivor’s benefit.
Subsec. (q)(4). Pub. L. 97–123, § 2(e)(1), substituted “increased” and “increase” for “changed” and “change”, respectively, wherever appearing.
Pub. L. 97–35, § 2201(d)(1), substituted “changed” and “change” for “increased” and “increase”, respectively, wherever appearing.
Subsec. (q)(8). Pub. L. 97–35, § 2206(b)(1), substituted “before application of” for “after application of” and “increased to the next higher” for “reduced to the next lower”.
Subsec. (q)(10). Pub. L. 97–123, § 2(e)(2), substituted “increased”, “increase”, and “increases” for “changed”, “change”, and “changes”, respectively, wherever appearing.
Pub. L. 97–35, § 2201(d)(2), substituted “changed”, “change”, and “changes” for “increased”, “increase” and “increases”, respectively, wherever appearing.
Subsec. (s)(1). Pub. L. 97–35, § 2205(a)(1), substituted “the age of 16” for “the age of 18”.
Subsec. (w)(1), (5). Pub. L. 97–35, § 2201(b)(11), substituted “section 415(a)(1)(C)(i) of this title” for “section 415(a)(1)(C)(i)(II) of this title”.
1980—Subsec. (d)(1)(G). Pub. L. 96–265, § 303(b)(1)(B), inserted provisions relating to an individual’s termination month, including cls. (I) and (II), and redesignated existing cls. (i) and (ii) as cls. (III) and (IV), respectively.
Subsec. (d)(7)(A). Pub. L. 96–473, § 5(b), inserted provisions relating to individuals confined in a jail, prison, or other penal institutional or correctional facility.
Subsec. (e)(1). Pub. L. 96–265, § 303(b)(1)(C), in provisions following subpar. (F)(ii), inserted provisions relating to the termination month.
Subsec. (e)(2)(B)(i). Pub. L. 96–473, § 6(a), struck out second comma after “where applicable”, which had been inserted by Pub. L. 95–216, § 204(b). See 1977 Amendment note below.
Subsec. (f)(1). Pub. L. 96–265, § 303(b)(1)(D), in provisions following subpar. (F)(ii), inserted provisions relating to the termination month.
Subsec. (j)(1). Pub. L. 96–499 designated existing provisions in part as subpar. (A) and expanded such provisions and added subpar. (B).
Subsec. (j)(2). Pub. L. 96–265, § 306(a), inserted provisions relating to limitations on the prospective effects of applications.
1978—Subsec. (v). Pub. L. 95–600 substituted “1402(g)” for “1402(h)”.
1977—Subsec. (b)(1)(G). Pub. L. 95–216, § 337(b), substituted “10” for “20”.
Subsec. (b)(2). Pub. L. 95–216, § 334(a)(1), inserted reference to par. (4) of this subsection.
Subsec. (b)(4). Pub. L. 95–216, § 334(a)(2), added par. (4).
Subsec. (c)(1). Pub. L. 95–216, § 334(b)(1), in subpar. (B) inserted “and” after “62,”, struck out subpar. (C) which related to support payment requirements for the husband, and redesignated former subpar. (D) as (C).
Subsec. (c)(2). Pub. L. 95–216, § 334(b)(2), substituted provisions relating to reduction of the amount of the husband’s insurance benefit for each month as determined after application of the provisions of subsecs. (q) and (k) of this section for provisions relating to applicability of provisions of former subsec. (c)(1)(C) of this section, as subject to subsec. (s) of this section.
Subsec. (c)(3). Pub. L. 95–216, § 334(b)(3), inserted reference to par. (2) of this subsection.
Subsec. (e)(2)(A). Pub. L. 95–216, §§ 204(a), 334(c)(1), 336(a)(1), inserted “(as determined after application of the following sentence)” after “primary insurance amount”, provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and reference to par. (8) of this subsection, and struck out reference to par. (4) of this subsection.
Subsec. (e)(2)(B)(i). Pub. L. 95–216, § 204(b), substituted “living and section 415(f)(5) or (6) of this title were applied, where applicable,, and” for “living, and”. See 1980 Amendment note above.
Subsec. (e)(3). Pub. L. 95–216, § 336(a)(2), substituted “If a widow, before attaining age 60, or a surviving divorced wife,” for “In the case of a widow or surviving divorced wife who”.
Subsec. (e)(4). Pub. L. 95–216, § 336(a)(3), struck out reference to an individual (other than one described in subsec. (e)(3)(A) or (B) of this section) as the husband, and provisions relating to benefits during the marriage.
Subsec. (e)(8). Pub. L. 95–216, § 334(c)(2), added par. (8).
Subsec. (f)(1). Pub. L. 95–216, § 334(d)(1), struck out subpar. (D) which related to receipt of support by the widower in accordance with regulations promulgated by the Secretary, and redesignated former subpars. (E) to (G) as (D) to (F), respectively.
Subsec. (f)(2). Pub. L. 95–216, § 334(d)(2), substituted provisions relating to reduction of the amount of the widower’s insurance benefit for each month as determined after application of the provisions of subsecs. (k) and (q) of this section and pars. (3)(B) and (5) of this subsec., for provisions relating to applicability of former subsec. (f)(1)(D) of this section, as subject to subsec. (s) of this section.
Subsec. (f)(3)(A). Pub. L. 95–216, §§ 204(c), 334(d)(3), 336(b)(1), inserted “(as determined after application of the following sentence)” after “primary insurance amount”, inserted provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and substituted reference to par. (2) of this subsection for reference to par. (5) of this subsection.
Subsec. (f)(3)(B). Pub. L. 95–216, § 204(d), inserted reference to section 415(f)(5) or (6) of this title in cl. (i).
Subsec. (f)(4). Pub. L. 95–216, § 336(b)(2), substituted “If a widower, before attaining age 60,” for “In the case of a widower who”.
Subsec. (f)(5). Pub. L. 95–216, § 336(b)(3), struck out reference to an individual (other than one described in subsec. (f)(4)(A) or (B) of this section) as the wife, and provisions relating to benefits during the marriage.
Subsec. (f)(7). Pub. L. 95–216, § 334(d)(4)(A), substituted “(F)” for “(G)”.
Subsec. (g)(2). Pub. L. 95–216, § 334(e)(1), substituted “Except as provided in paragraph (4) of this subsection, such” for “Such”.
Subsec. (g)(4). Pub. L. 95–216, § 334(e)(2), added par. (4).
Subsec. (j)(1). Pub. L. 95–216, § 332(a)(1), substituted “Subject to the limitations contained in paragraph (4), an” for “An”.
Subsec. (j)(4). Pub. L. 95–216, § 332(a)(2), added par. (4).
Subsec. (m)(1). Pub. L. 95–216, § 205(a), substituted provisions relating to entitlement to monthly benefits under this section on the basis of primary insurance amounts computed under section 415(a) or (d) of this title as in effect after Dec., 1978, for provisions relating to entitlement to monthly benefits under this section on the basis of wages and self-employment income of deceased individuals for any month.
Subsec. (p)(1). Pub. L. 95–216, § 334(d)(5), struck out references to subsecs. (c)(1)(C) and (f)(1)(D)(i) or (ii) of this section.
Subsec. (q)(3)(H). Pub. L. 95–216, § 331(c)(2), inserted “for that month or” after “first entitled”.
Subsec. (q)(4). Pub. L. 95–216, § 331(a), substituted provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month beginning with the month of the increase in the primary insurance amount, after application of any adjustment under par. (7) of this subsec., for provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month.
Subsec. (q)(7)(C). Pub. L. 95–216, § 331(c)(1), substituted “of the occurrence of an event that terminated her or his entitlement to such benefits” for “the spouse on whose wages and self-employment income such benefits were based ceased to be under a disability”.
Subsec. (q)(10), (11). Pub. L. 95–216, § 331(b), added pars. (10) and (11).
Subsec. (s)(3). Pub. L. 95–216, § 334(d)(6), substituted “So” for “Subsections (c)(2)(B) and (f)(2)(B) of this section, so”.
Subsec. (u)(1)(C). Pub. L. 95–216, § 353(f)(1), substituted “year” for “quarter” wherever appearing.
Subsec. (w)(1). Pub. L. 95–216, §§ 203(1), 205(b)(1), substituted “The amount of an old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title as in effect in December 1978 or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter) which is payable without regard to this subsection to an individual” for “If the first month for which an old-age insurance benefit becomes payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q) of this section), the amount of the old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title) which is payable without regard to this subsection to such individual”.
Subsec. (w)(1)(A). Pub. L. 95–216, § 203(2), inserted provision relating to individuals eligible after Dec., 1978.
Subsec. (w)(5). Pub. L. 95–216, § 205(b)(2), (3), inserted “as in effect in December 1978, or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter,” after “(3) of section 415(a) of this title” and “(whether before, in, or after December 1978)” after “under section 415(a) of this title”.
1974—Subsec. (l). Pub. L. 93–445 substituted “annuity under section 2 of the Railroad Retirement Act of 1974, or to a lump-sum payment under section 6(b) of such Act, with respect to the death of an employee (as defined in such Act)” for “annuity under section 5 of the Railroad Retirement Act of 1937 or to a lump-sum payment under subsection (f)(1) of such section with respect to the death of an employee (as defined in such Act)”.
1973—Subsec. (d)(8)(D)(ii). Pub. L. 93–66 added item (III).
Subsec. (e)(7). Pub. L. 93–233, § 1(f), added par. (7).
Subsec. (f)(8). Pub. L. 93–233, § 1(g), added par. (8).
Subsec. (w)(5). Pub. L. 93–233, § 18(b), added par. (5).
1972—Subsec. (a). Pub. L. 92–603, § 103(b), inserted reference to subsection (w) of this section.
Subsec. (b)(1). Pub. L. 92–603, § 114(a), struck out subpar. (D) which covered support aspects involved with a divorced wife and redesignated subpars. (E) through (L) and subpars. (D) through (K), respectively.
Subsec. (d)(1). Pub. L. 92–603, §§ 108(a)–(c), 112(a), substituted “age of 22” for “age of eighteen” in subpar. (B)(ii), struck out provisions covering adoption in subpar. (D), inserted “but only if he was not under a disability (as so defined) in such earlier month” in subpar. (F), substituted “age of 18, or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22” for “age of 18” and inserted “but only if he was not under a disability (as so defined) in such earlier month” after “attains the age of 22” in subpar. (G), and inserted provision prohibiting payments under par. (1) to a child who would not meet the definition of disability in section 423(d) of this title except for par. (1)(B) thereof for any month in which he engages in substantial gainful activity.
Subsec. (d)(6). Pub. L. 92–603, § 108(d), designated existing provisions as subpars. (A), (C), and (D), added subpars. (B) and (E), inserted “or is under a disability (as defined in section 423(d) of this title)” in subpar. (A)(i) as so redesignated, and inserted “but only if he is not under a disability (as so defined) in such earlier month” in subpar. (D)(ii) as so redesignated.
Subsec. (d)(7). Pub. L. 92–603, § 109(a), added subpar. (D).
Subsec. (d)(8). Pub. L. 92–603, § 111(a), combined into par. (8) the provisions formerly set out in both pars. (8) and (9) covering adoptions by disability and old-age insurance beneficiaries and struck out provisions covering supervision of an adoption by a public or private child placement agency and provisions covering a special category of adoptions during the 24–month period beginning with the month after the month in which the individual most recently became entitled to disability insurance benefits or became entitled to old-age insurance benefits.
Subsec. (d)(9). Pub. L. 92–603, § 113(b), added par. (9). Former par. (9) incorporated, as amended, into par. (8).
Subsec. (e)(1). Pub. L. 92–603, §§ 102(a)(1), 114(b)(1), struck out subpar. (D) which covered support aspects involved with a surviving divorced wife and redesignated subpars. (E) through (G) as subpars. (D) through (F), respectively, substituted “the primary insurance amount” for “82½ percent of the primary insurance amount” in subpar. (D) and in the provisions following subpar. (F), substituted “entitled to wife’s insurance benefits,” for “entitled, after attainment of age 62, to wife’s insurance benefits,” in subpar. (C)(i), inserted “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title,” at end of subpar. (C)(i), and substituted “age 65” for “age 62” in subpar. (C)(ii) and in provisions following subpar. (F).
Subsec. (e)(2). Pub. L. 92–603, § 102(a)(2), designated existing provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to subpar. (B) of this par., and substituted “the primary insurance amount” for “82½ percent of the primary amount”.
Subsec. (e)(6). Pub. L. 92–603, §§ 114(b)(2), 116(b), substituted “five”, “seventeenth”, and “fifth” for “six”, “eighteenth”, and “sixth”, respectively, and “paragraph (1)(F)” for “paragraph (1)(G)”.
Subsec. (f)(1). Pub. L. 92–603, §§ 102(b)(1), 107(a)(1), (2), substituted “age 60” for “age 62” in subpar. (B), substituted “the primary insurance amount” for “82½ percent of the primary insurance amount” in subpar. (E) and provisions following subpar. (G), inserted “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title,” at end of subpar. (C), and substituted “age 65” for “age 62” and inserted “, if he became entitled to such benefits before he attained age 60,” before “the third month” in provisions following subpar. (G).
Subsec. (f)(3). Pub. L. 92–603, § 102(b)(2), designated existing provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to subpar. (B) of this par., and substituted “the primary insurance amount” for “82½ percent of the primary amount”.
Subsec. (f)(5). Pub. L. 92–603, § 107(a)(3), substituted “the age of 60” for “the age of 62”.
Subsec. (f)(6). Pub. L. 92–603, § 107(a)(1), substituted “age 60” for “age 62”.
Subsec. (f)(7). Pub. L. 92–603, § 116(c), substituted “five”, “seventeenth”, and “fifth” for “six”, “eighteenth”, and “sixth”, respectively.
Subsec. (g)(1)(F). Pub. L. 92–603, § 114(c), struck out cl. (i) covering the support aspects of a surviving divorced mother and redesignated cl. (ii) and (iii) as cl. (i) and (ii), respectively.
Subsec. (k)(2)(A). Pub. L. 92–603, § 110(a), inserted provisions establishing exceptions to rule that a child’s benefits in the case where the child is entitled on more than one wage record shall be based on wages and self-employment of the insured individual with greatest primary insurance amount.
Subsec. (k)(3)(A). Pub. L. 92–603, § 102(d), inserted reference to subsection (e)(2) or (f)(3) of this section.
Subsec. (m). Pub. L. 92–603, § 102(f), amended subsec. (m) generally to increase the minimums on survivor’s benefits.
Subsec. (q)(1). Pub. L. 92–603, § 102(e)(1), generally provided for an increase in widow’s and widower’s insurance benefits through the insertion of provisions covering such benefits in subpar. (A), and in provisions preceding subpar. (C), and through the substitution of a 43⁄240 fraction in subpar. (C) for a 43⁄198 fraction.
Subsec. (q)(3). Pub. L. 92–603, § 102(e)(2), (5), redesignated existing provisions of subpars. (E)(ii) and (F)(ii) as subcls. (I) and (II) and in subcls. (I) of each such subpar. as so redesignated substituted “would be reduced under paragraph (1) if the period specified in paragraph (6)(A) ended with the month before the month in which she or he attained age 62” for “was reduced for the month in which such individual attained retirement age”, substituted in subpar. (G) “as if the period specified in paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B)) ended with the month before” for “had such individual attained age 62 in”, and added subpar. (H).
Subsec. (q)(7). Pub. L. 92–603, § 102(e)(3), divided existing source references for “adjusted reduction period” and “additional adjusted reduction period” into separate references to subpars. (A) and (B) of par. (6) in the provisions preceding subpar. (A) and, in subpar. (E), substituted “attained age 62, and also for any later month before the month in which he attained retirement age,” for “attained retirement age”.
Subsec. (q)(9). Pub. L. 92–603, § 102(e)(4), struck out provisions which had set age 62 as the meaning of “retirement age” with respect to a widow’s and widower’s insurance benefits.
Subsec. (s). Pub. L. 92–603, § 108(e), struck out “which began before he attained such age” after “disability (as defined in section 423(d) of this title)” in par. (1) and struck out “which began before such child attained the age of 18” after “disability (as defined in section 423(d) of this title)” in pars. (2) and (3).
Subsec. (w). Pub. L. 92–603, § 103(a), added subsec. (w).
1971—Subsec. (i)(3). Pub. L. 92–223, § 1(a), added cl. (3).
Subsec. (i)(4). Pub. L. 92–223, § 1(a), (b), redesignated former cl. (3) as (4) and included reference to cl. (3) in the second sentence.
1969—Subsec. (b)(2). Pub. L. 91–172, § 1004(a), removed $105 ceiling on insurance benefits of wives.
Subsec. (c)(3). Pub. L. 91–172, § 1004(b), removed $105 ceiling on insurance benefits of husbands.
Subsec. (e)(4). Pub. L. 91–172, § 1004(c), removed $105 ceiling on insurance benefits of widows.
Subsec. (f)(5). Pub. L. 91–172, § 1004(c), removed $105 ceiling on insurance benefits of widowers.
1968—Subsec. (b)(2). Pub. L. 90–248, § 103(a), provided that a wife’s insurance benefit may not exceed $105.
Subsec. (c)(1). Pub. L. 90–248, § 157(a)(1), substituted in text preceding subpar. (A) “an individual” for “a currently insured individual (as defined in section 414(b) of this title)”.
Subsec. (c)(2). Pub. L. 90–248, § 157(a)(2), substituted in text preceding subpar. (A) “The provisions of subparagraph (C) of paragraph (1) of this subsection” for “The requirement in paragraph (1) of this subsection that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph”.
Subsec. (c)(3). Pub. L. 90–248, § 103(b), provided that a husband’s insurance benefit may not exceed $105.
Subsec. (d)(1)(B). Pub. L. 90–248, § 158(c)(1), substituted “section 423(d)” for “section 423(c)”.
Subsec. (d)(3). Pub. L. 90–248, § 151(a), inserted in first sentence “or his mother or adopting mother” after “adopting father”, and struck out in second sentence, “if such individual is the child’s father,” after “title shall”.
Subsec. (d)(4). Pub. L. 90–248, § 151(b), inserted, “or stepmother” after “stepfather” in two places.
Subsec. (d)(5) to (8). Pub. L. 90–248, § 151(c), struck out former par. (5) which provided that (1) a child is deemed dependent on his mother or adopting mother if she is currently insured, and (2) a child is deemed dependent on a mother who is not currently insured only if she is contributing one-half of the child’s support or, if the child is not living with his father nor being supported by him, only if she is then living with or supporting the child, and redesignated former pars. (6) to (9) as (5) to (8), respectively.
Subsec. (d)(8). Pub. L. 90–248, §§ 112(a), 151(c), added subpar. (E) and redesignated former par. (9) as (8), respectively. Former par. (8) redesignated (7).
Subsec. (d)(9). Pub. L. 90–248, § 151(c), (d)(1), redesignated former par. (10) as (9) and substituted “paragraph (8)” for “paragraph (9)”. Former par. (9) redesignated (8).
Subsec. (d)(10). Pub. L. 90–248, § 151(c), redesignated former par. (10) as (9).
Subsec. (e)(1). Pub. L. 90–248, § 104(a)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted therein: “or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month)”.
Subsec. (e)(1)(B). Pub. L. 90–248, § 104(a)(1), provided that a widow or surviving divorced wife may become entitled to widow’s insurance benefits if she is disabled and her disability began within the period specified in subsec. (e)(5) even though she has not attained age 60.
Subsec. (e)(1)(F). Pub. L. 90–248, § 104(a)(2), designated part of material formerly following subpar. (E) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i).
Subsec. (e)(1)(G). Pub. L. 90–248, § 104(a)(2), added subpar. (G).
Subsec. (e)(4). Pub. L. 90–248, § 103(c), provided that a remarried widow’s insurance benefit may not exceed $105.
Subsec. (e)(5), (6). Pub. L. 90–248, § 104(a)(3), added pars. (5) and (6).
Subsec. (f)(1). Pub. L. 90–248, § 157(b)(1), struck out in text preceding subpar. (A) “and currently” before “insured individual” and in cl. (ii) of subpar. (D) “, and she was a currently insured individual,” after “from such individual”.
Subsec. (f)(1)(B). Pub. L. 90–248, § 104(b)(1), provided that a dependent widower may become entitled to widower’s insurance benefits if he is disabled and his disability began within the specified period even though such individual has not attained age 62.
Subsec. (f)(1). Pub. L. 90–248, § 104(b)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted: “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)”.
Subsec. (f)(1)(F). Pub. L. 90–248, § 104(b)(2), designated part of text formerly following subpar. (F) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i).
Subsec. (f)(1)(G). Pub. L. 90–248, § 104(b)(2), added subpar. (G).
Subsec. (f)(2). Pub. L. 90–248, § 157(b)(2), substituted in text preceding subpar. (A) “The provisions of subparagraph (D) of paragraph (1) of this subsection” for “The requirement in paragraph (1) of this subsection that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,”.
Subsec. (f)(3). Pub. L. 90–248, § 104(b)(3), inserted reference to subsec. (q).
Subsec. (f)(5). Pub. L. 90–248, § 103(d), provided that a remarried widower’s insurance benefit may not exceed $105.
Subsec. (f)(6), (7). Pub. L. 90–248, § 104(b)(4), added pars. (6) and (7).
Subsec. (q). Pub. L. 90–248, § 104(c)(1), substituted “Reduction of benefit amounts for certain beneficiaries” for “Reduction of old-age, disability, wife’s, husband’s, or widow’s insurance benefit amounts” in heading.
Subsec. (q)(1). Pub. L. 90–248, § 104(c)(2)–(4), substituted “widow’s, or widower’s” for “or widow’s” in text preceding subpar. (A), “, widow’s, or widower’s” for “or widow’s” in subpar. (A), and added subpar. (C) and (D) provisions for further reduction of a widow’s or widower’s insurance benefit.
Subsec. (q)(3)(A). Pub. L. 90–248, § 104(c)(5), substituted “widow’s, or widower’s” for “or widow’s” wherever appearing, “50” for “60”, and inserted “or widower’s” after “(in the case of a widow’s)”.
Subsec. (q)(3)(C). Pub. L. 90–248, § 104(c)(6), substituted “widow’s, or widower’s” for “or widow’s” wherever appearing.
Subsec. (q)(3)(D). Pub. L. 90–248, § 104(c)(7), substituted “widow’s, or widower’s” for “or widow’s”.
Subsec. (q)(3)(E). Pub. L. 90–248, § 104(c)(8), inserted “in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower” after “(e)(1) of this section”, and “or he” after “she”, and substituted “widow’s or widower’s” for “widow’s” wherever appearing.
Subsec. (q)(3)(F). Pub. L. 90–248, § 104(c)(9), inserted “in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower” after “(e)(1) of this section”, and “or he” after “she”, and substituted “widow’s or widower’s” for “widow’s”.
Subsec. (q)(3)(G). Pub. L. 90–248, § 104(c)(10), inserted “in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower” before “(e)(1) of this section”, and “she or” before “he”, and substituted “widow’s or widower’s” for “widow’s” wherever appearing.
Subsec. (q)(6). Pub. L. 90–248, § 104(c)(11), extended definition of “reduction period” to apply to widower’s insurance benefit, inserted second alternative in subpar. (A)(i)(III) that the reduction period for a widow’s or widower’s insurance benefit begins with the “first day of the month in which such individual attains age 60, whichever is the later”, substituted paragraph “(5)” for “(4)” in item (II) of subpar. (A)(i), and added subpar. (B).
Subsec. (q)(7). Pub. L. 90–248, § 104(c)(12), in text preceding subpar. (A), inserted “or ‘additional adjusted reduction period’ ” after “the ‘adjusted reduction period’ ”, “or additional reduction period (as the case may be)” after “the reduction period”, and substituted “widow’s, or widower’s” for “or widow’s”, and in subpar. (E) substituted “widow’s or widower’s”, “she or he”, and “her or his” for “widow’s”, “she”, and “her”, respectively.
Subsec. (q)(9). Pub. L. 90–248, § 104(c)(13), inserted reference to widowers.
Subsec. (s). Pub. L. 90–248, § 158(c)(2), substituted “section 423(d)” for “section 423(c)” in pars. (1) to (3).
Subsec. (s)(2), (3). Pub. L. 90–248, § 151(d)(2), substituted “(d)(5)” for “(d)(6)” in pars. (2), (3).
Subsec. (t)(1). Pub. L. 90–248, § 162(a)(1), provided that “For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.”
Subsec. (t)(4). Pub. L. 90–248, § 162(b)(1), provided for exception to application of subpars. (A) and (B) of par. (4).
Subsec. (t)(6). Pub. L. 90–248, § 162(c)(2), included reference to par. (10).
Subsec. (t)(10). Pub. L. 90–248, § 162(c)(1), added par. (10).
1965—Subsec. (b)(1). Pub. L. 89–97, § 308(a), made provisions applicable to divorced wife by inclusion of references to divorced wife in provisions preceding subpar. (A), substituted “such individual” for “her husband” in subpars. (B), (E), (G), (J) to (L); inserted in subpar. (B) “(in the case of a wife)” after “age 62 or”; added subpars. (C) and (D); redesignated former subpar. (C) as (E); in provisions after subpar. (E), inserted “(subject to subsection (s) of this section)” and struck out “after August 1950” after “beginning with the first month”; designated existing provisions as subpars. (F), (G), (J) to (L); and substituted provisions designated as subpars. (H) and (I) for former provisions reading “they are divorced from vinculo matrimonii”.
Subsec. (b)(2). Pub. L. 89–97, § 308(a), inserted “(or, in the case of a divorced wife, her former husband)”.
Subsec. (b)(3). Pub. L. 89–97, § 308(a), added par. (3).
Subsec. (c)(1). Pub. L. 89–97, § 308(d)(1), substituted “divorced” for “divorced a vinculo matrimonii” in provisions following subpar. (D).
Subsec. (c)(2). Pub. L. 89–97, §§ 306(c)(2), 334(e), inserted in text preceding subpar. (A) “(subject to subsection (s) of this section)” after “shall”, and added subpar. (C).
Subsec. (d)(1). Pub. L. 89–97, §§ 306(a), (b)(1), (2), 323(a)(1), 343(a), inserted in subpar. (B)(i) and (ii) “or was a full-time student and had not attained the age of 22” and “which began before he attained the age of 22”, respectively, and substituted “is” for “was” in cl. (ii) substituted “preceding whichever of the following first occurs” for “preceding the first month in which any of the following occurs” following provisions of subpar. (C), incorporated existing provisions in subpar. (D) and (E), substituting in such subpar. (E) “but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month” for former provision and is not under a disability (as defined in section 423(c) of this title), which began before he attained such age”, added subpars. (F) and (G), and repealed the second sentence which provided for the termination of entitlement of any child to benefits under this subsection with the month preceding the third month following the month in which he ceases to be under a disability after the month in which he attains age eighteen; struck out the last sentence which related to adoptions by disabled workers; and substituted “uncle, brother, or sister” for “or uncle” in subpar. (D), respectively.
Subsec. (d)(3). Pub. L. 89–97, § 339(b), inserted “or section 416(h)(3)” after “section 416(h)(2)(B)”.
Subsec. (d)(6). Pub. L. 89–97, § 306(c)(3), inserted in text following subpar. (B) “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”.
Subsec. (d)(6)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section.
Subsec. (d)(7), (8). Pub. L. 89–97, § 306(b)(3), added pars. (7) and (8).
Subsec. (d)(9), (10). Pub. L. 89–97, § 323(a)(2), added pars. (9) and (10).
Subsec. (e)(1). Pub. L. 89–97, §§ 307(a)(1), 308(b)(1), substituted “age 60” for “age 62” in subpar. (B); and inserted references to surviving divorced wife in the provisions preceding subpar. (A), substituted in subpar. (A) “is not married” for “has not remarried”, added subpar. (D), redesignated former subpar. (D) as (E) substituted in subpar. (E) and following provision “such deceased individual” “her deceased husband”, and struck out from provisions following subpar. (E) “after August 1950” after “beginning with the first month”, respectively.
Subsec. (e)(2). Pub. L. 89–97, §§ 307(a)(2), 308(b)(1), 333(a)(2), inserted introductory phrase “Except as provided in subsection (q) of this section”; substituted “such deceased individual” for “her deceased husband”; and inserted “and paragraph (4) of this subsection” before the comma, respectively.
Subsec. (e)(3). Pub. L. 89–97, §§ 306(c)(4), 308(b) (2), (3), inserted “but subject to subsection (s) of this section” after “notwithstanding the provisions of paragraph (1)” following subpar. (B); repealed former par. (3) which provided for reinstatement of benefits to a widow if she married a person who died within one year and was not a fully insured individual; and redesignated former par. (4) as (3), and substituted “widow or surviving divorced wife” and “widow’s or surviving divorced wife’s” for “widow” and “widow’s”, respectively.
Subsec. (e)(4). Pub. L. 89–97, § 333(a)(1), added par. (4). Former par. (4) redesignated (3).
Subsec. (f)(2). Pub. L. 89–97, §§ 306(c)(5), 334(f), inserted in text preceding subpar. (A) “(subject to subsection (s) of this section)” after “shall”, and added subpar. (C).
Subsec. (f)(3). Pub. L. 89–97, § 333(b)(2), substituted “Except as provided in paragraph (5), such” for “Such”.
Subsec. (f)(4). Pub. L. 89–97, § 306(c)(6), inserted in text following subpar. (B) “but subject to subsection (s) of this section” after “notwithstanding the provisions of paragraph (1) of this subsection”.
Subsec. (f)(4)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section.
Subsec. (f)(5). Pub. L. 89–97, § 333(b)(1), added par. (5).
Subsec. (g)(1). Pub. L. 89–97, §§ 306(c)(7), 308(d) (3)–(5), inserted “(subject to subsection (s))” after “shall” in provisions following subpar. (F); substituted in subpar. (A) “is not married” for “has not remarried”; in subpar. (F), substituted “surviving divorced mother” for “former wife divorced”, incorporated existing provisions in cls. (i) (other than (I) to (III)), (ii), and (iii), and substituted provisions of cl. (i)(I) to (III) for receipt of one-half of support under administrative regulations and substantial contributions pursuant to written agreement or court order for former provision for receipt of one-half of support pursuant to agreements or court order; and substituted “surviving divorced mother” for “former wife divorced” twice in provisions before subpar. (A) and thrice in provisions following subpar. (F), respectively.
Subsec. (g)(3). Pub. L. 89–97, §§ 306(c)(8), 308(d)(5), (13), inserted “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)” following subpar. (B), substituted “surviving divorced mother” for “former wife divorced” in two places, and redesignated former par. (4) as (3), respectively. Pub. L. 89–97, § 308(d)(12), repealed former par. (3) which had provided that:
“In the case of any widow or former wife divorced of an individual—
“(A) who marries another individual, and
“(B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not, and upon filing application therefor in the month in which he died would not be, entitled to benefits for such month on the basis of his wages and self-employment income,
the marriage to the individual referred to in clause (A) shall, for purpose of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph or (ii) September 1958.”
Subsec. (g)(4). Pub. L. 89–97, § 308(d)(13), redesignated former par. (4) as (3).
Subsec. (h)(4). Pub. L. 89–97, § 306(c)(9), inserted in text following subpar. (B) “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1) of this subsection”.
Subsec. (h)(4)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section.
Subsec. (j)(1). Pub. L. 89–97, § 303(d), inserted “under this subchapter” after “any benefit”.
Subsec. (j)(2). Pub. L. 89–97, § 328(a), provided that an application for monthly benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application and that the application shall be deemed to have been filed in the first month if the applicant is found to satisfy the requirements for entitlement.
Subsec. (k)(2)(B). Pub. L. 89–97, § 333(c)(1), inserted “(other than an individual to whom subsection (e)(4) or (f)(5) applies)” after “Any individual” and inserted provision limiting to the largest of such benefits any individual who is entitled for any month to more than one widow’s or widower’s benefits to which subsections (e)(4) or (f)(5) of this section applies.
Subsec. (k)(3). Pub. L. 89–97, § 333(c)(2), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (k)(4). Pub. L. 89–97, § 304(a), added par. (4).
Subsec. (p). Pub. L. 89–97, § 324(a), removed the 2-year limit on the allowed extension during which, for good cause shown, applications or proof may be filed and still be deemed filed within the prescribed period for filing applications or proof.
Subsec. (q). Pub. L. 89–97, § 304(b), substituted “Reduction of old-age, disability, wife’s, husband’s, or widow’s insurance benefit amounts” for “Adjustment of old-age, wife’s or husband’s insurance benefit amounts in accordance with age of beneficiary” in heading.
Subsec. (q)(1). Pub. L. 89–97, § 307(b)(1), made provisions preceding subpar. (A) and the 5⁄9 of 1 percent reduction in subpar. (A) applicable to widow’s insurance benefit, substituted “retirement age” for “age 65” in provisions preceding subpar. (A) and subpar. (B)(i) and (ii), substituted “(6)” and “(7)” for “(5)” and “(6)” in subpar. (B)(i) and (ii) and “any month” for “any other month” in subpar. (B)(ii).
Subsec. (q)(2). Pub. L. 89–97, § 304(c), added par. (2) and redesignated former par. (2) as (3).
Subsec. (q)(3)(A). Pub. L. 89–97, §§ 304(c), 307(b)(2), redesignated former par. (2) as (3), and made provisions of subpar. (A) applicable to widow’s insurance benefit and inserted “(in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)” after “age 62”, respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(B). Pub. L. 89–97, § 304(c), (d), redesignated former par. (2) as (3), and substituted “benefit and is not entitled to a disability insurance benefit” for “benefit” the first time it appeared and inserted in cls. (i) and (ii) “for such month” after “paragraph (1)”, respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(C). Pub. L. 89–97, § 304(c), (e), redesignated former par. (2) as (3), and made provisions of subpar. (C) applicable to widow’s insurance benefit, inserted cl. (i), incorporated existing provisions in cl. (ii), and inserted in such cl. (ii) “for such month” and “(before reduction under this subsection)” after “disability insurance benefit”, respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(D), (E). Pub. L. 89–97, §§ 304(c), 307(b), (3), (4), redesignated former par. (2) as (3), made provisions of subpar. (D) applicable to widow’s insurance benefit, and added subpar. (E), respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(F), (G). Pub. L. 89–97, § 304(c), (f), redesignated former par. (2) as (3) and added subpars. (F) and (G), respectively. Former par. (3) redesignated (4).
Subsec. (q)(4). Pub. L. 89–97, § 304(c), (g), redesignated former par. (3) as (4) and renumbered in text following subpar. (B) cross references to par. (2) as (3) in three places, and substituted in subpar. (A) “under paragraph (1) or (3) of this subsection” for “under this subsection”, respectively. Former par. (4) redesignated (5).
Subsec. (q)(5)(D). Pub. L. 89–97, §§ 304(c), 307(b)(5), redesignated former par. (4) as (5) and added subpar. (D), respectively. Former par. (5) redesignated (6).
Subsec. (q)(6). Pub. L. 89–97, §§ 304(c), 307(b)(6), redesignated former par. (5) as (6) and renumbered in subpar. (A)(ii) cross reference to par. (4) as (5), and made provisions preceding subpar. (A) and provisions of subpar. (A)(i) applicable to widow’s insurance benefit and substituted in subpar. (B) “retirement age” for “age 65”, respectively. Former par. (6) redesignated (7).
Subsec. (q)(7). Pub. L. 89–97, §§ 304(c), (h), 307(b)(7), redesignated former par. (6) as (7) and renumbered in text preceding subpar. (A) cross reference to par. (5) as (6), added subpar. (F), and made provisions preceding subpar. (A) applicable to widow’s insurance benefit and added subpars. (D), (E), respectively. Former par. (7), redesignated (8).
Subsec. (q)(8). Pub. L. 89–97, § 304(c), (i), redesignated former par. (7) and (8) and renumbered cross reference to par. (2) as (3), and substituted “(1), (2),” for “(1)”, respectively.
Subsec. (q)(9). Pub. L. 89–97, § 307(b)(8), added par. (9).
Subsec. (r)(2). Pub. L. 89–97, § 304(j), inserted “(but for subsection (k)(4) of this section)” after “eligible”.
Subsec. (s). Pub. L. 89–97, § 306(c)(1), added subsec. (s).
Subsec. (t)(9). Pub. L. 89–97, § 104(a)(1), added par. (9).
Subsec. (u)(1). Pub. L. 89–97, § 104(a)(2), inserted “in determining whether such individual is entitled to insurance benefits under part A of subchapter XVII for any such month,”.
Subsec. (v). Pub. L. 89–97, § 319(d), added subsec. (v).
1961—Subsec. (a)(2). Pub. L. 87–64, § 102(a), substituted “has attained age 62” for “has attained retirement age (as defined in section 416(a) of this title)”.
Subsec. (b)(1). Pub. L. 87–64, § 102(a), (e), (1), (2), substituted “age 62” for “retirement age” in two places, “less than one-half of the primary insurance amount of her husband” for “less than one-half of an old-age or disability insurance benefit of her husband”, and “equal to or exceeds one-half of the primary insurance amount of her husband” for “equal to or exceeds one-half of an old-age or disability insurance benefit of her husband”.
Subsec. (b)(2). Pub. L. 87–64, § 102(e)(3), substituted “primary insurance amount” for “old-age or disability insurance benefit.”
Subsec. (c)(1). Pub. L. 87–64, § 102(a), (e), (4), (5), substituted “has attained age 62” for “has attained retirement age” in cl. (B), “based on a primary insurance amount which is less than one-half” for “each of which is less than one-half” in cl. (D), and “based on a primary insurance amount which is equal to or exceeds one-half” for “equal to or exceeding one-half” in closing provisions.
Subsec. (c)(2)(A). Pub. L. 87–64, § 102(a), substituted “attainment of age 62” for “attainment of retirement age”.
Subsec. (c)(3). Pub. L. 87–64, § 102(e)(6), substituted “Except as provided in subsection (q) of this section, such” for “Such”.
Subsec. (e)(1). Pub. L. 87–64, §§ 102(a), 104(d)(1), substituted “has attained age 62” for “has attained retirement age” in subpar. (B), “attainment of age 62” for “attainment of retirement age” and “attained age 62” for “attained retirement age” in subpar. (C), and “82½ percent” for “three-fourths” in subpar. (D) and in closing provisions.
Subsec. (e)(2). Pub. L. 87–64, § 104(a), substituted “82½ percent” for “three-fourths”.
Subsec. (f)(1). Pub. L. 87–64, §§ 102(a), 104(d)(1), substituted “has attained age 62” for “has attained retirement age” in subpar. (B), and “82½ percent” for “three-fourths” in subpar. (E) and in closing provisions.
Subsec. (f)(2)(A). Pub. L. 87–64, § 102(a), substituted “attainment of age 62” for “attainment of retirement age”.
Subsec. (f)(3). Pub. L. 87–64, § 104(b), substituted “82½ percent” for “three-fourths”.
Subsec. (h)(1). Pub. L. 87–64, §§ 102(a), 104(d)(2), substituted “has attained age 62” for “has attained retirement age” in subpar. (A), and “82½ percent of the primary insurance amount of such deceased individual if the amount of the parent’s insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case)” for “three-fourths of the primary insurance amount of such deceased individual” in subpar. (D) and in closing provisions.
Subsec. (h)(2). Pub. L. 87–64, § 104(c), designated existing provisions as subpar. (A), increased the benefit from three-fourths to 82½ percent of the primary insurance amount, and added subpars. (B) and (C).
Subsec. (j). Pub. L. 87–64, § 102(b)(3), extended provisions which formerly authorized waiver of old-age benefits or wife’s benefits by a woman to permit waiver of any benefit by any individual.
Subsec. (q). Pub. L. 87–64, § 102(b)(1), among other changes, authorized adjustment of the old-age insurance benefits for men and of the husband’s insurance benefits for months prior to the month in which the individual attains age 65, simplified the formula for reducing benefits, and, in cases where an individual is entitled to a reduced benefit and such benefit is increased by reason of an increase in the primary insurance amount, required separate computation of the increase for and after the first month for which such increase is effective.
Subsec. (r). Pub. L. 87–64, § 102(b)(1), extended application of the subsection to men, and provided in cases where an individual is entitled to a disability insurance benefit for the same month for which an application for a reduced wife’s or husband’s insurance benefit is effective, that the individual will be deemed to have filed an application for old-age insurance benefit in the first subsequent month for which the individual is not entitled to a disability insurance benefit.
Subsec. (s). Pub. L. 87–64, § 102(b)(2)(A), repealed subsec. (s) which related to female disability insurance beneficiaries.
1960—Subsec. (d)(1). Pub. L. 86–778, §§ 201(a), (b), 205(a), 403(d), among other changes, struck out “after 1939” after “fully or currently insured individual” in opening clause, substituted “a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits” for “a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died)” in subpar. (C), and inserted provisions making subpar. (C)(1) inapplicable, in the case of an individual entitled to disability insurance benefits, to a child of such individual unless he is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual) or was legally adopted by such individual before the end of the 24–month period beginning with the month after the month in which such individual most recently became entitled to disability insurance benefits, and substituted provisions authorizing the payment of benefits until the month preceding the third month following the month in which a child ceases to be under a disability (as so defined) after the month in which he attains age 18 for provisions which authorized payment of benefits until the child ceases to be under a disability (as so defined) on or after the day on which he attains age 18.
Subsec. (d)(2). Pub. L. 86–778, § 301(a), struck out provisions which required each child’s insurance benefit, if there is more than one child entitled to benefits on the basis of an individual’s wages and self-employment income, to be equal to the sum of (A) one-half of the primary insurance amount of the individual, and (B) one-fourth of the primary insurance amount divided by the number of such children.
Subsec. (d)(3). Pub. L. 86–778, §§ 202(a), 208(d), inserted provisions requiring that for purposes of such paragraph, a child deemed to be a child of a fully or currently insured individual pursuant to section 416(h)(2)(B) of this title, shall, if such individual is the child’s father, be deemed to be the legitimate child of such individual, and struck out subpar. (C) which related to a child living with and receiving more than one-half of his support from his stepfather.
Subsec. (e)(1). Pub. L. 86–778, § 205(a), struck out “after 1939” after “died a fully insured individual” in opening clause.
Subsec. (f)(1). Pub. L. 86–778, § 205(b), struck out “after August 1950” after “died a fully and currently insured individual” in opening clause.
Subsecs. (g)(1), (h)(1). Pub. L. 86–778, § 205(a), struck out “after 1939” after “died a fully or currently insured individual” in opening clause.
Subsec. (i). Pub. L. 86–778, §§ 103(a), (j)(2)(C), 203(a), amended second and third sentences to require payment to the funeral home to the extent of the unpaid expenses if all or part of the burial expenses remain unpaid, and to prescribe the manner of payment of any balance that may remain after the funeral home and the persons equitably entitled thereto have received payment, and substituted “the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa” for “Puerto Rico, or the Virgin Islands”, “section 410(l)(1) of this title” for “section 410(m)(1) of this title”, and “is returned to any State” for “is returned to any of such States, or the District of Columbia”.
Pub. L. 86–624 substituted “fifty States” for “forty-nine States”.
Subsec. (n). Pub. L. 86–778, § 211(i), substituted “Section 403(b), (c), and (d) of this title” for “Section 403 (b) and (c) of this title” in last sentence of cl. (1).
Subsec. (q)(5). Pub. L. 86–778, § 211(j), substituted “under section 403(b) of this title or paragraph (1) of section 403(c) of this title” for “under paragraph (1) or (2) of section 403(b) of this title” in cl. (A), and “section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title” for “paragraph (1) or (2) of section 403(b) of this title, under section 403(c) of this title, or under section 422(b) of this title” in cl. (B).
Subsec. (q)(6). Pub. L. 86–778, § 211(k), substituted “section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title” for “section 403(b) (1) or (2), under section 403(c), or under section 422(b) of this title” in cl. (A), and “under section 403(b) of this title or paragraph (1) of section 403(c) of this title” for “under paragraph (1) or (2) of section 403(b) of this title” in cl. (D).
Subsec. (t)(4)(D). Pub. L. 86–778, § 103(j)(2)(D), substituted “section 410(l)(2)” for “section 410(m)(2)”, “section 410(l)(3)” for “section 410(m)(3)”, and “section 410(m)” for “section 410(n)”, wherever appearing.
Subsec. (t)(7). Pub. L. 86–778, § 211(l), substituted “Subsections (b), (c), and (d) of section 403 of this title” for “Subsections (b) and (c) of section 403 of this title”.
1959—Subsec. (i). Pub. L. 86–70 substituted “forty-nine States” for “forty-eight States”.
1958—Subsec. (b). Pub. L. 85–840, § 205(b), substituted “old-age or disability insurance” for “old-age insurance” in seven places, and inserted provisions terminating the wife’s insurance benefit the month preceding the first month in which her husband is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.
Subsec. (c)(1). Pub. L. 85–840, § 205(c), substituted “old-age or disability insurance” for “old-age insurance” wherever appearing, inserted provisions in subpar. (C) entitling the husband to an insurance benefit if he was receiving at least one-half of his support from the individual if she had a period of disability which did not end prior to the month in which she became entitled to old-age or disability insurance benefits, at the beginning of such period or at the time she became entitled to such benefits provided he filed proof of such support within two years after the month in which she filed application with respect to such period of disability or after the month in which she became entitled to such benefits, and inserted provisions terminating the husband’s insurance benefit the month preceding the first month in which his wife is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.
Subsec. (c)(2), (3). Pub. L. 85–840, § 301(a)(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (d)(1). Pub. L. 85–840, § 205(d), inserted provisions entitling the child of an individual entitled to disability insurance benefits to insurance benefits if the child was dependent upon such individual if such individual had a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died, and providing that the benefits to a child of a disability insurance beneficiary shall cease with the month before the first month for which the individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month.
Subsec. (d)(3) to (5). Pub. L. 85–840, § 306(a), struck out “who has not attained the age of eighteen” after “A child” wherever appearing.
Subsec. (d)(6). Pub. L. 85–840, § 307(a), added par. (6), and Pub. L. 85–840, § 306(a), repealed former par. (6), which related to dependency of a child who has attained the age of eighteen and who is under a disability which began before he attained the age of eighteen.
Subsec. (e)(3)(B). Pub. L. 85–840, § 301(b)(1), substituted “which occurs within one year after such marriage and he did not die a fully insured individual” for “but she is not his widow (as defined in section 416(c) of this title)”.
Subsec. (e)(4). Pub. L. 85–840, § 307(b), added par. (4).
Subsec. (f)(1)(D). Pub. L. 85–840, § 205(e), inserted provisions entitling a widower to an insurance benefit if he was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which she died, at the time such period began, or at the time of her death, or at the time she became entitled to old-age or disability insurance benefits, and he filed proof of such support within two years after the month in which she filed application with respect to the period of disability or two years after the date of her entitlement to old-age or disability insurance benefits or her death.
Subsec. (f)(2), (3). Pub. L. 85–840, § 301(c)(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (f)(4). Pub. L. 85–840, § 307(c), added par. (4).
Subsec. (g)(1)(F). Pub. L. 85–840, § 205(f), inserted provisions entitling a former wife divorced to an insurance benefit, if she was receiving at least one-half of her support from an individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death.
Subsec. (g)(3). Pub. L. 85–840, § 303(a), added par. (3). Another par. (3), which was added by Pub. L. 85–798, was repealed by Pub. L. 85–840, § 303(b), effective with respect to benefits payable for any month following August 1958.
Subsec. (g)(4). Pub. L. 85–840, § 307(d), added par. (4).
Subsec. (h)(1). Pub. L. 85–840, § 304(a)(1), struck out from opening clause provisions which prevented payment of a parent’s benefit if the deceased individual left a widow who met the conditions in subsec. (e)(1)(D) of this section, a widower who met the conditions in subsec. (f)(1)(D) of this section, an unmarried child under the age of eighteen deemed dependent on such individual under subsec. (d)(3), (4), or (5) of this section, or an unmarried child who had attained the age of eighteen and was under a disability which began before he attained such age and who is deemed dependent on such individual under subsec. (d)(6) of this section.
Subsec. (h)(1)(B). Pub. L. 85–840, § 205(g), inserted provisions entitling a parent to an insurance benefit if the parent was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and the parent filed proof of such support within two years after the month in which the individual filed application with respect to such period of disability or two years after the date of such death.
Subsec. (h)(4). Pub. L. 85–840, § 307(e), added par. (4).
Subsec. (i). Pub. L. 85–840, § 305(a), required a widow or widower to be living in the same household with the deceased at the time of death in order to receive a lump-sum death payment.
Subsec. (k). Pub. L. 85–840, § 205(h), substituted “old-age or disability insurance” for “old-age insurance” wherever appearing.
Subsec. (m). Pub. L. 85–840, § 101(e), substituted “less than the first figure in column IV of the table in section 415(a) of this title” for “less than $30”, and “increased to the first figure in column IV of the table in section 415(a) of this title” for “increased to $30”.
Subsec. (o). Pub. L. 85–857 substituted “described in section 3005 of Title 38” for “prescribed under section 601 of the Servicemen’s and Veterans’ Survivor Benefits Act”.
Subsec. (q)(5). Pub. L. 85–840, § 205(i)(1), (2), inserted reference to section 422(b) of this title in subpar. (B), added subpar. (D), and substituted “clauses (A), (B), (C), and (D)” for “clauses (A), (B), and (C)” in closing provisions.
Subsec. (q)(6). Pub. L. 85–840, § 205(i)(3), (4), inserted reference to section 422(b) of this title in subpar. (A), added subpar. (C), redesignated former subpar. (C) as (D), and substituted “clauses (A), (B), (C), and (D))” for “clauses (A), (B), and (C)” in closing provisions.
Subsec. (t)(4)(E). Pub. L. 85–927 added par. (E).
1957—Subsec. (b)(1). Pub. L. 85–238, § 3(a), redesignated subpar. (D) as (C), and repealed former subpar. (C) which required the wife to be living with her husband at the time the application for benefits was filed.
Subsec. (c)(1). Pub. L. 85–238, § 3(b), redesignated subpars. (D) and (E) as (C) and (D), respectively, and repealed former subpar. (C) which required the husband to be living with his wife at the time the application for benefits was filed.
Subsec. (e)(1). Pub. L. 85–238, § 3(c), redesignated subpar. (E) as (D), and repealed former subpar. (D) which required the widow to be living with her husband at the time of his death.
Subsec. (f)(1). Pub. L. 85–238, § 3(d), redesignated subpars. (E) and (F) as (D) and (E), respectively, and repealed former subpar. (D) which required the widower to be living with his wife at the time of her death.
Subsec. (g)(1)(F). Pub. L. 85–238, § 3(e), struck out provisions which required the widow to be living with her husband at the time of his death.
Subsec. (h)(1). Pub. L. 85–238, § 3(f), struck out references to subpar. (E) of subsec. (e)(1) of this section and to subpar. (F) of subsec. (f)(1) of this section.
Subsec. (p)(1). Pub. L. 85–238, § 3(g), substituted “subparagraph (C) of subsection (c)(1)” for “subparagraph (D) of subsection (c)(1)” and “subparagraph (D) of subsection (f)(1)” for “subparagraph (E) of subsection (f)(1)”.
Subsec. (t)(4)(D). Pub. L. 85–238, § 1, added subpar. (D).
1956—Subsec. (a). Act Aug. 1, 1956, ch. 836, § 102(d)(1), inserted “Except as provided in subsection (q)”.
Subsec. (a)(3). Act Aug. 1, 1956, ch. 836, § 103(c)(1), included an individual entitled to disability insurance benefits for the month preceding the month in which he attained the age of 65.
Subsec. (b)(1). Act Aug. 1, 1956, ch. 836, § 102(d)(2), (3), substituted “old-age insurance benefits based on a primary insurance amount which” for “old-age insurance benefits each of which” in cl. (D), and “old-age insurance benefit based on a primary insurance amount which is equal to or exceeds” for “old-age insurance benefit equal to or exceeding” in provisions following cl. (D).
Subsec. (b)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(4), inserted “Except as provided in subsection (q) of this section”.
Subsec. (c)(1). Act. Aug. 1, 1956, ch. 836, § 102(d)(5), (6), substituted “the primary insurance amount of his wife” for “an old-age insurance benefit of his wife” in cl. (E), and in provisions following cl. (E).
Subsec. (c)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(7), substituted “primary insurance amount” for “old-age insurance benefit”.
Subsec. (d)(1). Act Aug. 1, 1956, ch. 836, § 101(a), authorized child’s insurance benefit for children, who at the time of filing application, are under a disability which began before they attained the age of 18, and permitted payment of such benefit until such disability ceases.
Subsec. (d)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(7), substituted “primary insurance amount” for “old-age insurance benefit”.
Subsec. (d)(3) to (5). Act Aug. 1, 1956, ch. 836, § 101(b)(1), substituted “A child who has not attained the age of eighteen” for “A child” wherever appearing in such paragraphs.
Subsec. (d)(6). Act Aug. 1, 1956, ch. 836, § 101(b)(2), added par. (6).
Subsec. (e)(3). Act Aug. 1, 1956, ch. 836, § 113, added par. (3).
Subsec. (h)(1). Act Aug. 1, 1956, ch. 836, § 101(c), precluded payment of parent’s benefit if an individual dies leaving an unmarried child over 18 who is under a disability which began before the age of 18 and who is deemed dependent on such individual.
Subsec. (i). Act Aug. 1, 1956, ch. 837, § 403(a), substituted “
Subsec. (j)(3). Act Aug. 1, 1956, ch. 836, § 102(d)(8), added par. (3).
Subsec. (k)(2)(B). Act Aug. 1, 1956, ch. 836, § 103(c)(2), inserted reference to section 423 of this title.
Subsec. (k)(3). Act Aug. 1, 1956, ch. 836, § 102(d)(9), inserted provisions requiring reduction under subsection (q) of this section, and provided that the reduction should be not below zero.
Subsec. (m). Act Aug. 1, 1956, ch. 836, § 102(d)(10), inserted references to subsection (q) of this section.
Subsec. (n)(1)(A). Act Aug. 1, 1956, ch. 836, § 103(c)(3), inserted reference to section 423 of this title.
Subsec. (o). Act Aug. 1, 1956, ch. 837, § 407, added subsec. (o).
Subsec. (p). Act Aug. 1, 1956, ch. 836, § 114(a), added subsec. (p).
Subsecs. (q) to (s). Act Aug. 1, 1956, ch. 836, § 102(c), added subsecs. (q) to (s).
Subsecs. (t), (u). Act Aug. 1, 1956, ch. 836, §§ 118(a), 121(a), added subsecs. (t) and (u), respectively.
1955—Subsec. (i). Act
1954—Subsec. (e)(1)(C). Act
Subsec. (g)(1)(D). Act
Subsec. (i). Act
Subsec. (j)(1). Act
Subsecs. (m), (n). Act
1953—Subsec. (i). Act
1950—Subsec. (a). Act
Subsec. (b). Act
Subsec. (c). Act
Subsec. (d). Act
Subsec. (e). Act
Subsec. (f). Act
Subsec. (g). Act
Subsec. (h). Act
Subsec. (i). Act
Subsec. (j). Act
Subsecs. (k), (l). Act
1946—Subsec. (c). Act
Subsec. (f)(1). Act
Subsec. (g). Act
Subsec. (h). Act
1939—Act
Reference to Administrator of Veterans’ Affairs deemed to refer to Secretary of Veterans Affairs pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.
Pub. L. 114–74, title VIII, § 831(a)(3),
Pub. L. 114–74, title VIII, § 831(b)(3),
Pub. L. 113–270, § 5,
Pub. L. 108–203, title II, § 203(d),
Pub. L. 108–203, title IV, § 412(c), “(1) The amendment made by—“(A) subsection (a)(1) [amending this section] shall apply to individuals with respect to whom the Commissioner of Social Security receives a removal notice after the date of the enactment of this Act [“(B) subsection (a)(2) [amending this section] shall apply with respect to notifications of removals received by the Commissioner of Social Security after the date of enactment of this Act; and“(C) subsection (a)(3) [amending this section] shall be effective as if enacted on “(2) The amendments made by subsections (a)(4) and (b)(1) [amending this section] shall be effective as if enacted on “(3) The amendment made by subsection (b)(2) [amending this section] shall be effective as if enacted on
Pub. L. 108–203, title IV, § 418(c), “(1) The amendments made by this section [amending this section and section 426 of this title] shall apply with respect to applications for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] filed on or after the first day of the first month that begins after the date of enactment of this Act [“(2) In the case of any individual whose last day of service described in subparagraph (A) of section 202(k)(5) of the Social Security Act (as added by subsection (a) of this section) occurs within 5 years after the date of enactment of this Act—“(A) the 60-month period described in such subparagraph (A) shall be reduced (but not to less than 1 month) by the number of months of such service (in the aggregate and without regard to whether such months of service were continuous) which—“(i) were performed by the individual under the same retirement system on or before the date of enactment of this Act, and“(ii) constituted ‘employment’ as defined in section 210 of the Social Security Act [42 U.S.C. 410]; and“(B) months of service necessary to fulfill the 60-month period as reduced by subparagraph (A) of this paragraph must be performed after the date of enactment of this Act.”
Pub. L. 108–203, title IV, § 420A(b),
Pub. L. 106–182, § 5,
Pub. L. 106–170, title IV, § 402(a)(4),
Pub. L. 106–170, title IV, § 402(b)(2),
Pub. L. 106–170, title IV, § 402(d)(3),
Pub. L. 106–169, title II, § 207(e),
Amendment by section 308(g)(1) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Pub. L. 104–208, div. C, title V, § 503(b),
Pub. L. 104–121, title I, § 104(a)(2),
Pub. L. 104–121, title I, § 104(b)(3), “(A) The amendments made by paragraph (1) [amending this section] shall apply with respect to final divorces occurring after the third month following the month in which this Act is enacted [March 1996].“(B) The amendment made by paragraph (2) [amending this section] shall take effect on the date of the enactment of this Act [
Pub. L. 103–387, § 4(b),
Amendment by section 107(a)(4) of Pub. L. 103–296 effective
Pub. L. 103–296, title III, § 308(c),
Pub. L. 103–296, title III, § 321(b)(1),
Amendment by Pub. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before
Pub. L. 101–508, title V, § 5103(e), “(1) The amendments made by this section [amending this section and sections 416, 423, 426, and 1383c of this title] (other than paragraphs (1) and (2)(C) of subsection (c) [amending sections 426 and 1383c of this title]) shall apply with respect to monthly insurance benefits for months after December 1990 for which applications are filed on or after “(2) In the case of any individual who—“(A) is entitled to disability insurance benefits under section 223 of the Social Security Act [42 U.S.C. 423] for December 1990 or is eligible for supplemental security income benefits under title XVI of such Act [42 U.S.C. 1381 et seq.], or State supplementary payments of the type referred to in section 1616(a) of such Act [42 U.S.C. 1382e(a)] (or payments of the type described in section 212(a) of Public Law 93–66 [set out as a note under section 1382 of this title]) which are paid by the Secretary under an agreement referred to in such section 1616(a) (or in section 212(b) of Public Law 93–66 [set out as a note under section 1382 of this title]), for January 1991,“(B) applied for widow’s or widower’s insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act during 1990 [42 U.S.C. 402(e), (f)], and“(C) is not entitled to such benefits under such subsection (e) or (f) for any month on the basis of such application by reason of the definition of disability under section 223(d)(2)(B) of the Social Security Act (as in effect immediately before the date of the enactment of this Act [for purposes of determining such individual’s entitlement to such benefits under subsection (e) or (f) of section 202 of the Social Security Act for months after December 1990, the requirement of paragraph (1)(C)(i) of such subsection shall be deemed to have been met.”
Pub. L. 101–508, title V, § 5116(b),
Pub. L. 101–239, title X, § 10203(b), “(1) in the case of any individual’s old-age insurance benefit referred to in section 202(q)(3)(E) of the Social Security Act [42 U.S.C. 402(q)(3)(E)] (as in effect before the amendments made by this section), only if such individual attains age 62 on or after “(2) in the case of any individual’s disability insurance benefit referred to in section 202(q)(3)(F) or (G) of such Act (as so in effect), only if such individual both attains age 62 and becomes disabled on or after such date.”
Pub. L. 101–239, title X, § 10301(c),
Pub. L. 101–239, title X, § 10302(a)(2),
Pub. L. 100–647, title VIII, § 8004(c),
Amendment by section 8007(b) of Pub. L. 100–647 applicable to benefits paid for (and items and services furnished in) months after December 1988, see section 8007(d) of Pub. L. 100–647, set out as a note under section 1402 of Title 26, Internal Revenue Code.
Pub. L. 100–647, title VIII, § 8010(c),
Pub. L. 100–647, title VIII, § 8014(c),
Pub. L. 100–203, title IX, § 9007(f),
Pub. L. 100–203, title IX, § 9010(f), “(1) individuals who are entitled to benefits which are payable under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 of the Social Security Act [42 U.S.C. 402] or subsection (a)(1) of section 223 of such Act [42 U.S.C. 423] for any month after December 1987, and“(2) individuals who are entitled to benefits which are payable under any provision referred to in paragraph (1) for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by this section has not elapsed as of
Pub. L. 99–514, title XVIII, § 1883(f),
Pub. L. 99–272, title XII, § 12104(b),
Pub. L. 99–272, title XII, § 12107(c),
Amendment by sections 2661(b)–(f) and 2662(c)(1) of Pub. L. 98–369 effective as though included in the enactment of the Social Security Amendments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title.
Amendment by section 2663(a)(2) of Pub. L. 98–369 effective
Pub. L. 98–21, title I, § 111(a)(8),
Pub. L. 98–21, title I, § 114(c)(2),
Pub. L. 98–21, title I, § 131(d), “(1) The amendments made by this section [amending this section and section 426 of this title] shall be effective with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1983.“(2) In the case of an individual who was not entitled to a monthly benefit of the type involved under title II of such Act for December 1983, no benefit shall be paid under such title by reason of such amendments unless proper application for such benefit is made.”
Pub. L. 98–21, title I, § 132(c)(1),
Pub. L. 98–21, title I, § 133(c),
Pub. L. 98–21, title I, § 134(c),
Pub. L. 98–21, title III, § 301(a)(5),
Pub. L. 98–21, title III, § 307(b),
Pub. L. 98–21, title III, § 310, “(a) Except as otherwise specifically provided in this title, the amendments made by this part [part A (§§ 301–310) of title III of Pub. L. 98–21, amending this section and sections 403, 405, 416, 417, 422, 423, 425, 426, 427, and 428 of this title] apply only with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [April 1983].“(b) Nothing in any amendment made by this part shall be construed as affecting the validity of any benefit which was paid, prior to the effective date of such amendment, as a result of a judicial determination.”
Pub. L. 98–21, title III, § 334(b),
Pub. L. 98–21, title III, § 337(b),
[Pub. L. 98–617, § 2(a)(2),
Pub. L. 98–21, title III, § 339(c),
Pub. L. 98–21, title III, § 340(c),
Pub. L. 97–455, § 7(d),
Amendment by section 2201(b)(10), (11), (d)(1), (2) of Pub. L. 97–35 and amendment by section 2(e) of Pub. L. 97–123 applicable with respect to benefits for months after December 1981, and amendment by section 2201(f) of Pub. L. 97–35 applicable with respect to deaths occurring after December 1981, with certain exceptions, see section 2(j)(2)–(4) of Pub. L. 97–123, set out as a note under section 415 of this title.
Pub. L. 97–35, title XXII, § 2202(b),
Pub. L. 97–35, title XXII, § 2203(f)(1), (2), “(1) The amendments made by subsections (a), (b), and (c) [amending this section and section 416 of this title] of this section shall apply only to monthly insurance benefits payable to individuals who attain age 62 after August 1981.“(2) The amendments made by subsection (d) of this section [amending this section and section 416 of this title] shall apply to monthly insurance benefits for months after August 1981, and only in the case of individuals who were not entitled to such insurance benefits for August 1981 or any preceding month.”
Pub. L. 97–35, title XXII, § 2205(b),
Pub. L. 97–35, title XXII, § 2206(c),
Pub. L. 97–35, title XXII, § 2210(b),
Pub. L. 96–499, title X, § 1011(b),
Pub. L. 96–473, § 5(d),
Pub. L. 96–265, title III, § 303(d),
Pub. L. 96–265, title III, § 306(d),
Amendment by Pub. L. 95–600 effective
Pub. L. 95–216, title II, § 206,
Pub. L. 95–216, title III, § 331(d),
Pub. L. 95–216, title III, § 332(b),
Pub. L. 95–216, title III, § 334(f),
Pub. L. 95–216, title III, § 336(c)(1),
Pub. L. 95–216, title III, § 337(c),
Pub. L. 95–216, title III, § 353(f)(1),
Pub. L. 93–445, title VI, § 603,
Pub. L. 93–66, title II, § 240(b),
Pub. L. 92–603, title I, § 102(i),
Pub. L. 92–603, title I, § 103(d),
Pub. L. 92–603, title I, § 107(c),
Pub. L. 92–603, title I, § 108(f),
Pub. L. 92–603, title I, § 109(b),
Pub. L. 92–603, title I, § 110(b),
Pub. L. 92–603, title I, § 111(b),
Pub. L. 92–603, title I, § 112(b),
Pub. L. 92–603, title I, § 113(c),
Pub. L. 92–603, title I, § 114(d),
Amendment by section 116(b), (c) of Pub. L. 92–603 effective with respect to applications for widow’s and widower’s insurance benefits based on disability under this section filed in or after October 1972 or before October 1972 under specified conditions, see section 116(e) of Pub. L. 92–603, set out as a note under section 423 of this title.
Pub. L. 92–223, § 2,
Pub. L. 91–172, title X, § 1004(d),
Pub. L. 90–248, title I, § 103(e),
Pub. L. 90–248, title I, § 104(e),
Pub. L. 90–248, title I, § 112(b),
Pub. L. 90–248, title I, § 151(e),
Pub. L. 90–248, title I, § 157(d),
Amendment by section 158(c)(1), (2) of Pub. L. 90–248, applicable with respect to applications for disability insurance benefits under section 423 of this title and to disability determinations under section 416(i) of this title, see section 158(e) of Pub. L. 90–248, set out as a note under section 423 of this title.
Pub. L. 90–248, title I, § 162(a)(2),
Pub. L. 90–248, title I, § 162(b)(2),
Amendment by section 303(d) of Pub. L. 89–97 effective with respect to applications for disability insurance benefits under section 423 of this title, and for disability determinations under section 416(i) of this title, filed in or after July 1965 or before July 1965, if the applicant has not died before such month and notice of final administrative decision has not been given to the applicant before such month, see section 303(f)(1), of Pub. L. 89–97, set out as a note under section 423 of this title.
Pub. L. 89–97, title III, § 304(o),
Pub. L. 89–97, title III, § 306(d), “(1) in the case of an individual who was not entitled to a child’s insurance benefit under subsection (d) of such section [42 U.S.C. 402(d)] for the month in which this Act is enacted [July 1965], such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted, and“(2) no monthly insurance benefit shall be payable for any month before the second month following the month in which this Act is enacted [July 1965] by reason of section 202(d)(1)(B)(ii) of the Social Security Act [42 U.S.C. 402(d)(1)(B)(ii)] as amended by this section.”
Pub. L. 89–97, title III, § 307(c),
Pub. L. 89–97, title III, § 308(e),
Amendment by section 319(d) of Pub. L. 89–97 applicable with respect to taxable years beginning after
Pub. L. 89–97, title III, § 323(b),
Pub. L. 89–97, title III, § 324(b),
Amendment by section 328(a) of Pub. L. 89–97 applicable with respect to applications filed on or after
Pub. L. 89–97, title III, § 333(d),
Pub. L. 89–97, title III, § 334(g),
Amendment by section 339(b) of Pub. L. 89–97 applicable with respect to monthly insurance benefits under subchapter II of this chapter beginning with September 1965 but only on the basis of an application filed in or after July 1965, see section 339(c) of Pub. L. 89–97, set out as a note under section 416 of this title.
Pub. L. 89–97, title III, § 343(b),
Pub. L. 87–64, title I, § 102(f), “(1) The amendments made by subsection (a) [amending this section] shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above] based on applications filed in or after March 1961.“(2)(A) Except as provided in subparagraphs (B), (C), and (D), section 202(q) of such Act [42 U.S.C. 402(q)], as amended by subsection (b)(1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above].“(B) Section 202(q)(3) of such Act, as amended by subsection (b)(1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above], but only if the increase described in such section 202(q)(3)—“(i) is not effective for any month beginning before the effective date of this title, or“(ii) is based on an application for a recomputation filed on or after the effective date of this title.“(C) In the case of any individual who attained age 65 before the effective date of this title, the adjustment in such individual’s reduction period provided for in section 202(q)(6) of such Act [42 U.S.C. 402(q)(6)], as amended by subsection (b)(1), shall not apply to such individual unless the total of the months specified in subparagraphs (A), (B), and (C) of such section 202(q)(6) is not less than 3.“(D) In the case of any individual entitled to a monthly benefit for the last month beginning before the effective date of this title, if the amount of such benefit for any month thereafter is, solely by reason of the change in section 202(q) of such Act [42 U.S.C. 402(q)] made by subsection (b)(1), lower than the amount of such benefit for such last month, then it shall be increased to the amount of such benefit for such last month.“(3) Section 202(r) of such Act [42 U.S.C. 402(r)], as amended by subsection (b)(1), shall apply only with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above], except that subparagraph (B) of section 202(r)(2) (as so amended) shall apply only if the first subsequent month described in such subparagraph (B) is a month beginning on or after the effective date of this title.“(4) The amendments made by subsection (b)(2) [amending this section and sections 416 and 423 of this title] shall take effect on the effective date of this title [see Effective Date of 1961 Amendment note set out above].“(5) The amendments made by subsection (b)(3) [amending this section] shall apply with respect to applications for monthly benefits filed on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above].“(6) The amendments made by subsections (c) and (d)(1) and (2) [amending sections 409, 413, 415, 416, and 423 of this title] shall apply with respect to—“(A) monthly benefits for months beginning on or after the Effective Date of this title [see Effective Date of 1961 Amendment note set out above] based on applications filed in or after March 1961, and“(B) lump-sum death payments under title II of the Social Security Act [42 U.S.C. 401 et seq.] in the case of deaths on or after the effective date of this title.“(7) The amendment made by subsection (d)(3) [amending section 415 of this title] shall take effect on the effective date of this title [see Effective Date of 1961 Amendment note set out above].“(8) The amendments made by subsection (e) [amending this section] shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see Effective Date of 1961 Amendment note set out above].“(9) For purposes of this subsection, the term ‘monthly benefits’ means monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.].”
Pub. L. 87–64, title I, § 104(e),
Pub. L. 87–64, title I, § 109,
Pub. L. 86–778, title I, § 103(v), “(1) The amendments made by subsection (a) [amending this section and provisions set out as notes under this section] shall apply only with respect to reinterments after the date of the enactment of this Act [“(2) The amendments made by subsections (c) and (n) [amending section 410 of this title and section 3121 of Title 26] shall have application only as expressly provided therein, and determinations as to whether an officer or employee of the Government of Guam or the Government of American Samoa or any political subdivision thereof, or of any instrumentality of any one or more of the foregoing which is wholly owned thereby, is an employee of the United States or any agency or instrumentality thereof within the meaning of any provision of law not affected by such amendments, shall be made without any inferences drawn from such amendments.“(3) The repeal (by subsection (j)(1)) of section 219 of the Social Security Act [42 U.S.C. 419], and the elimination (by subsections (e), (f), (h), (j)(2), and (j)(3)) of other provisions of such Act [from sections 410 and 411 of this title] making reference to such section 219, shall not be construed as changing or otherwise affecting the effective date specified in such section for the extension to the Commonwealth of Puerto Rico of the insurance system under title II of such Act [42 U.S.C. 401 et seq.], the manner or consequences of such extension, or the status of any individual with respect to whom the provisions so eliminated are applicable.”
Pub. L. 86–778, title II, § 201(c),
Pub. L. 86–778, title II, § 202(b),
Pub. L. 86–778, title II, § 203(b), “(1) in the case of the death of an individual occurring on or after the date of the enactment of this Act [“(2) in the case of the death of an individual occurring prior to such date, but only if no application for a lump-sum death payment under section 202(i) of the Social Security Act [42 U.S.C. 402(i)] is filed on the basis of such individual’s wages and self-employment income prior to the third calendar month beginning after such date.”
Pub. L. 86–778, title II, § 205(d),
Amendment by section 208(d) of Pub. L. 86–778 applicable (1) with respect to monthly benefits under this subchapter for months beginning with September 1960 on the basis of an application filed in or after such month, and (2) in the case of a lump-sum death payment under this subchapter based on an application filed in or after September 1960, but only if no person, other than the person filing such application, has filed an application for a lump-sum death payment under this subchapter prior to
Amendment by section 211(i)–(l) of Pub. L. 86–778 effective in the manner provided in section 211(p) and (q) of Pub. L. 86–778, see section 211(p)–(s) of Pub. L. 86–778 set out as a note under section 403 of this title.
Pub. L. 86–778, title III, § 301(b),
Amendment by section 403(d) of Pub. L. 86–778 applicable only with respect to benefits under subsec. (d) of this section for months after September 1960, in the case of individuals who, without regard to such amendment, would have been entitled to such benefits for September 1960, or for any succeeding month, see section 403(e) of Pub. L. 86–778, set out as a note under section 422 of this title.
Pub. L. 86–624, § 47(e),
Pub. L. 86–70, § 47(e),
Pub. L. 85–927, pt. III, § 302,
Amendment by Pub. L. 85–857 effective
Amendment by section 101(e) of Pub. L. 85–840 applicable in the case of monthly benefits under subchapter II of this chapter for months after December 1958, and in the case of lump-sum death payments under subchapter II of this chapter, with respect to deaths occurring after such month, see section 101(g) of Pub. L. 85–840, set out as a note under section 415 of this title.
Amendment by section 205(b)–(i) of Pub. L. 85–840 applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after
Pub. L. 85–840, title III, § 301(f),
Pub. L. 85–840, title III, § 304(a)(2),
Pub. L. 85–840, title III, § 305(c),
Pub. L. 85–840, title III, § 306(b),
Pub. L. 85–840, title III, § 307(h)(1),
Pub. L. 85–238, § 2,
Pub. L. 85–238, § 3(i), “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and section 416 of this title] shall apply in the case of monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months after the month in which this Act is enacted [August 1957].“(2) The amendment made by subsection (f) [amending this section] shall not apply in the case of benefits under section 202(h) of the Social Security Act [42 U.S.C. 402(h)], based on the wages and self-employment income of a deceased individual who died in or prior to the month in which this Act is enacted [August 1957] for any parent who files the proof of support, required by such section 202(h), in or prior to the month in which this Act is enacted; and the amendment to section 216(h)(1) of such Act [42 U.S.C. 416(h)(1)] made by subsection (h) of this section shall not operate to deprive any such parent of benefits to which he would otherwise be entitled under section 202(h) of such Act.”
Act Aug. 1, 1956, ch. 837, title III, § 403(b), 70 Stat. 871, provided that:
Act Aug. 1, 1956, ch. 836, title I, § 101(h), 70 Stat. 808, provided that:“(1) The amendments made by this section [amending this section and section 403 of this title], other than subsection (c) [amending this section], shall apply with respect to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months after December 1956, but only, except as provided in paragraph (2), on the basis of an application filed after September 1956. For purposes of title II of the Social Security Act, as amended by this Act [42 U.S.C. 401 et seq.], an application for wife’s, child’s, or mother’s insurance benefits under such title II filed, by reason of this paragraph, by an individual who was entitled to benefits prior to, but not for, December 1956 and whose entitlement terminated as a result of a child’s attainment of age eighteen shall be treated as the application referred to in subsection (b), (d), and (g), respectively, of section 202 of such Act.“(2) In the case of an individual who was entitled, without the application of subsection (j)(1) of such section 202 [42 U.S.C. 402(j)(1)], to a child’s insurance benefit under subsection (d) of such section [42 U.S.C. 402(d)] for December 1956, such amendments shall apply with respect to benefits under such section 202 [42 U.S.C. 402] for months after December 1956.“(3) The amendment made by subsection (c) [amending this section] shall apply in the case of benefits under section 202(h) of the Social Security Act [42 U.S.C. 402(h)] based on the wages and self-employment income of an individual who dies after August 1956.”
Act Aug. 1, 1956, ch. 836, title I, § 114(b), 70 Stat. 832, provided that:
Act Aug. 1, 1956, ch. 836, title I, § 118(b), 70 Stat. 836, provided that:
Act Sept. 1, 1954, ch. 1206, title I, § 105(b),
Act Aug. 28, 1950, ch. 809, title I, § 101(b)(1), (3), 64 Stat. 488, provided that:“(1) Except as provided in paragraph (3), the amendment made by subsection (a) of this section [amending this section] shall take effect “(3) Section 202(j)(2) of the Social Security Act [42 U.S.C. 402(j)(2)], as amended by this Act, shall take effect on the date of enactment of this Act [
Act Aug. 10, 1946, ch. 951, title IV, § 403(b), 60 Stat. 987, provided that:
Act Aug. 10, 1946, ch. 951, title IV, § 404(b), 60 Stat. 987, provided that:
Act Aug. 10, 1946, ch. 951, title IV, § 405(b), 60 Stat. 988, provided that:
Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective
Pub. L. 103–387, § 7,
Pub. L. 113–270, § 2, “(1) Congress enacted social security legislation to provide earned benefits for workers and their families, should they retire, become disabled, or die.“(2) Congress never intended for participants in Nazi persecution to be allowed to enter the United States or to reap the benefits of United States residency or citizenship, including participation in the Nation’s Social Security program.”
Pub. L. 104–121, title I, § 106,
Pub. L. 100–647, title VIII, § 8014(b), “(1) such person made, before “(2) such service terminated before the date on which such election became effective.”
Pub. L. 97–377, title I, § 156, “(a)(1) The head of the agency shall pay each month an amount determined under paragraph (2) to a person—“(A) who is the surviving spouse of a member or former member of the Armed Forces described in subsection (c);“(B) who has in such person’s care a child of such member or former member who has attained sixteen years of age but not eighteen years of age and is entitled to a child’s insurance benefit under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) for such month or who meets the requirements for entitlement to the equivalent of such benefit provided under section 1312(a) of title 38, United States Code; and“(C) who is not entitled for such month to a mother’s insurance benefit under section 202(g) of the Social Security Act (42 U.S.C. 402(g)), or to the equivalent of such benefit based on meeting the requirements of section 1312(a) of title 38, United States Code, by reason of having such child (or any other child of such member or former member) in her care.“(2) A payment under paragraph (1) for any month shall be in the amount of the mother’s insurance benefit, if any, that such person would receive for such month under section 202(g) of the Social Security Act [42 U.S.C. 402(g)] if such child were under sixteen years of age, disregarding any adjustments made under section 215(i) of the Social Security Act [42 U.S.C. 415(i)] after August 1981. However, if such person is entitled for such month to a mother’s insurance benefit under section 202(g) of such Act by reason of having the child of a person other than such member or former member of the Armed Forces in such person’s care, the amount of the payment under the preceding sentence for such month shall be reduced (but not below zero) by the amount of the benefit payable by reason of having such child in such person’s care.“(b)(1) The head of the agency shall pay each month an amount determined under paragraph (2) to a person—“(A) who is the child of a member or former member of the Armed Forces described in subsection (c);“(B) who has attained eighteen years of age but not twenty-two years of age and is not under a disability as defined in section 223(d) of the Social Security Act (42 U.S.C. 423(d));“(C) who is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms were defined in section 202(d)(7)(A) and (C) of the Social Security Act [42 U.S.C. 402(d)(7)(A), (C)] as in effect before the amendments made by section 2210(a) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35; 95 Stat. 841)); and“(D) who is not entitled for such month to a child’s insurance benefit under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) or is entitled for such month to such benefit only by reason of section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842) [section 2210(c) of Pub. L. 97–35, set out below].“(2) A payment under paragraph (1) for any month shall be in the amount that the person concerned would have been entitled to receive for such month as a child’s insurance benefit under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] (as in effect before the amendments made by section 2210(a) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 841) [section 2210(a) of Pub. L. 97–35]), disregarding any adjustments made under section 215(i) of the Social Security Act [42 U.S.C. 415(i)] after August 1981, but reduced for any month by any amount payable to such person for such month under section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842).“(c) A member or former member of the Armed Forces referred to in subsection (a) or (b) as described in this subsection is a member or former member of the Armed Forces who died on active duty before “(d)(1) The Secretary of Health and Human Services shall provide to the head of the agency such information as the head of the agency may require to carry out this section.“(2) The head of the agency shall carry out this section under regulations which the head of the agency shall prescribe. Such regulations shall be prescribed not later than ninety days after the date of the enactment of this section [“(e)(1) Unless otherwise provided by law—“(A) each time after “(B) each time after “(2) The amount of the benefit payable to any person under subsection (a) or (b) and the amount of any increase in any such benefit made pursuant to clause (1) or (2) of this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1.“(f) Payments under subsections (a) and (b) shall be made only for months after the month in which this section is enacted.“(g)(1) During each fiscal year the Secretary of Defense shall transfer from time to time to the head of the agency such amounts as the head of the agency determines to be necessary to pay the benefits provided for under subsections (a) and (b) during such fiscal year and to pay the administrative expenses incurred in paying such benefits during such fiscal year. During fiscal year 1983, transfers under this subsection shall be made from the ‘Retired Pay, Defense’ account of the Department of Defense. During subsequent fiscal years, such transfers shall be made from such account or from funds otherwise available to the Secretary for the purpose of the payment of such benefits and expenses. The Secretary of Defense may transfer funds under this subsection in advance of the payment of benefits and expenses by the head of the agency.“(2) The head of the agency shall establish on the books of the agency over which he exercises jurisdiction a new account to be used for the payment of benefits under subsections (a) and (b) and shall credit to such account all funds transferred to him for such purpose by the Secretary of Defense.“(h) The head of the agency and the Secretary of Health and Human Services may enter into an agreement to provide for the payment by the Secretary or the head of the agency of benefits provided for under subsection (a) and benefits provided for under section 202(g) of the Social Security Act (42 U.S.C. 402(g)) in a single monthly payment and for the payment by the Secretary or the head of the agency of benefits provided for under subsection (b) and benefits provided for under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) in a single monthly payment, if the head of the agency and the Secretary agree that such action would be practicable and cost effective to the Government.“(i) For the purposes of this section:“(1) The term ‘head of the agency’ means the head of such department or agency of the Government as the President shall designate to administer the provisions of this section.“(2) The terms ‘active military, naval, or air service’ and ‘service-connected’ have the meanings given those terms in paragraphs (24) and (16), respectively, of section 101 of title 38, United States Code, except that for the purposes of this section such terms do not apply to any service in the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration.”
Pub. L. 97–35, title XXII, § 2210(c), “(1) Notwithstanding the provisions of section 202(d) of the Social Security Act [42 U.S.C. 402(d)] (as in effect prior to or after the amendments made by subsection (a)), any individual who—“(A) has attained the age of 18;“(B) is not under a disability (as defined in section 223(d) of such Act) [42 U.S.C. 423(d)];“(C) is entitled to a child’s insurance benefit under such section 202(d) [42 U.S.C. 402(d)] for August 1981; and“(D) is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms are defined in section 202(d)(7)(A) and (C) of such Act as in effect prior to the amendments made by subsection (a)) for any month prior to May 1982;shall be entitled to a child’s benefit under section 202(d) of such Act in accordance with the provisions of such section as in effect prior to the amendments made by subsection (a) for any month after July 1981 and prior to August 1985 if such individual would be entitled to such child’s benefit for such month under such section 202(d) if subsections (a) and (b) of this section [amending subsec. (d) of this section and enacting a provision set out as a note under this section] had not been enacted, but such benefits shall be subject to the limitations set forth in this subsection.“(2) No benefit described in paragraph (1) shall be paid to an individual to whom paragraph (1) applies for the months of May, June, July, and August, beginning with benefits otherwise payable for May 1982.“(3) The amount of the monthly benefit payable under paragraph (1) to an individual to whom paragraph (1) applies for any month after July 1982 (prior to deductions on account of work required by section 203 of such Act) [42 U.S.C. 403] shall not exceed the amount of the benefit to which such individual was entitled for August 1981 (prior to deductions on account of work required by section 203 of such Act), less an amount—“(A) during the months after July 1982 and before August 1983, equal to 25 percent of such benefit for August 1981;“(B) during the months after July 1983 and before August 1984, equal to 50 percent of such benefit for August 1981; and“(C) during the months after July 1984 and before August 1985, equal to 75 percent of such benefit for August 1981.“(4) Any individual to whom the provisions of paragraph (1) apply and whose entitlement to benefits under paragraph (1) ends after July 1982 shall not subsequently become entitled, or reentitled, to benefits under paragraph (1) or under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] as in effect after the amendments made by subsection (a) unless he meets the requirements of section 202(d)(1)(B)(ii) of that Act as so in effect.”
Pub. L. 95–216, title III, § 334(g), “(1) The amendments made by the preceding provisions of this section [see section 334(f) of Pub. L. 95–216, set out as an Effective Date of 1977 Amendment note above] shall not apply with respect to any monthly insurance benefit payable, under subsection (b), (c), (e), (f), or (g) (as the case may be) of section 202 of the Social Security Act [42 U.S.C. 402], to an individual—“(A)(i) to whom there is payable for any month within the 60-month period beginning with the month in which this Act [December 1977] is enacted (or who is eligible in any such month for) a monthly periodic benefit (within the meaning of such provisions) based upon such individual’s earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2) of the Social Security Act) [42 U.S.C. 418(b)(2)], or (ii) who would have been eligible for such a monthly periodic benefit (within the meaning of paragraph (2)) before the close of such 60-month period, except for a requirement which postponed eligibility (as so defined) for such monthly periodic benefit until the month following the month in which all other requirements were met; and“(B) who at time of application for or initial entitlement to such monthly insurance benefit under such subsection (b), (c), (e), (f), or (g) meets the requirements of that subsection as it was in effect and being administered in January 1977.“(2) For purposes of paragraph (1)(A), an individual is eligible for a monthly periodic benefit for any month if such benefit would be payable to such individual for that month if such individual were not employed during that month and had made proper application for such benefit.“(3) If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, the remainder of this section shall not be affected thereby, but the application of this subsection to any other persons or circumstances shall also be considered invalid.”
[Pub. L. 98–617, § 2(b)(3),
Pub. L. 95–216, title III, § 334(h), as added by Pub. L. 97–455, § 7(a)(1), “(1)(A) to whom there is payable for any month prior to July 1983 (or who is eligible in any such month for) a monthly periodic benefit (within the meaning of such provisions) based upon such individual’s earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2) of the Social Security Act [42 U.S.C. 418(b)(2)]), or (B) who would have been eligible for such a monthly periodic benefit (within the meaning of subsection (g)(2) [set out as a note above]) before the close of June 1983, except for a requirement which postponed eligibility (as so defined) for such monthly periodic benefit until the month following the month in which all other requirements were met; and“(2) who at the time of application for or initial entitlement to such monthly insurance benefit under such subsection (b), (c), (e), (f), or (g)—“(A) meets the dependency test of one-half support set forth in paragraph (1)(C) of such subsection (c) as it read prior to the enactment of the amendments made by this section [see section 334(f) of Pub. L. 95–216, set out as an Effective Date of 1977 Amendment note above], or an equivalent dependency test (if the individual is a woman), in the case of an individual applying for or becoming entitled to benefits under such subsection (b) or (c), or“(B) meets the dependency test of one-half support set forth in paragraph (1)(D) of such subsection (f) as it read prior to the enactment of the amendments made by this section, or an equivalent dependency test (if the individual is a woman), in the case of an individual applying for or becoming entitled to benefits under such subsection (e), (f), or (g).”
Pub. L. 95–216, title III, § 336(c)(2),
Pub. L. 95–216, title III, § 336(d), “Where—“(1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for December 1978 on the basis of the wages and self-employment income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202 [42 U.S.C. 402(e), (f)], and“(2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1979, and“(3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1979 is reduced by reason of section 203(a) of such Act as amended by this Act [42 U.S.C. 403(a)] (or would, but for the first sentence of section 203(a)(4), be so reduced),then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1978 shall in no case be less after the application of this section [see section 336(c)(1) of Pub. L. 95–216, set out as an Effective Date of 1977 Amendment note under this section] and such section 203(a) [42 U.S.C. 403(a)] than the amount it would have been without the application of this section.”
Pub. L. 95–30, title IV, § 406,
Pub. L. 94–12, title VII, § 702,
Section 1(i) of Pub. L. 93–233 provided that:
Pub. L. 93–66, title II, § 201, “(a)(1) The Secretary of Health, Education, and Welfare [now Health and Human Services] (hereinafter in this section referred to as the ‘Secretary’) shall, in accordance with the provisions of this section, increase the monthly benefits and lump-sum death payments payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] by 7 per centum.“(2) The provisions of this section (and the increase in benefits made hereunder) shall be effective, in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] only for months after February 1974 and prior to June 1974, and, in the case of lump-sum death payments under such title, only with respect to deaths which occur after February 1974 and prior to June 1974.“(b) The increase in social security benefits authorized under this section shall be provided, and any determinations by the Secretary in connection with the provision of such increase in benefits shall be made, in the manner prescribed in section 215(i) of the Social Security Act [42 U.S.C. 415(i)] for the implementation of cost-of-living increases authorized under title II of such Act [42 U.S.C. 401 et seq.] except that—“(1) the amount of such increase shall be 7 per centum,“(2) in the case of any individual entitled to monthly insurance benefits payable pursuant to section 202(e) of such Act [42 U.S.C. 402(e)] for February 1974 (without the application of section 202(j)(1) or 223(b) of such Act [42 U.S.C. 402(j)(1), 423(b)]), including such benefits based on a primary insurance amount determined under section 215(a)(3) of such Act [42 U.S.C. 415(a)(3)] as amended by this section, such increase shall be determined without regard to paragraph (2)(B) of such section 202(e), and“(3) in the case of any individual entitled to monthly insurance benefits payable pursuant to section 202(f) of such Act for February 1974 (without the application of section 202(j)(1) or 223(b) of such Act), including such benefits based on a primary insurance amount determined under section 215(a)(3) of such Act as amended by this section, such increase shall be determined without regard to paragraph (3)(B) of such section 202(f).“(c) The increase in social security benefits provided by this section shall—“(1) not be considered to be an increase in benefits made under or pursuant to section 215(i) of the Social Security Act [42 U.S.C. 415(i)], and“(2) not (except for purposes of section 203(a)(2) of such Act [42 U.S.C. 403(a)(2)], as in effect after February 1974) be considered to be a ‘general benefit increase under this title’ [42 U.S.C. 401 et seq.] (as such term is defined in section 215(i)(3) of such Act) [42 U.S.C. 415(i)(3)];and nothing in this section shall be construed as authorizing any increase in the ‘contribution and benefit base’ (as that term is employed in section 230 of such Act) [42 U.S.C. 430], or any increase in the ‘exempt amount’ (as such term is used in section 203(f)(8) of such Act [42 U.S.C. 403(f)(8)]).“(d) Nothing in this section shall be construed to authorize (directly or indirectly) any increase in monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for any month after May 1974, or any increase in lump-sum death payments payable under such title in the case of deaths occurring after May 1974. The recognition of the existence of the increase in benefits authorized by the preceding subsections of this section (during the period it was in effect) in the application, after May 1974, of the provisions of sections 202(q) and 203(a) of such Act [42 U.S.C. 402(q), 403(a)] shall not, for purposes of the preceding sentence, be considered to be an increase in a monthly benefit for a month after May 1974.”
Pub. L. 92–603, title I, § 102(g), “(1) In the case of an individual who is entitled to widow’s or widower’s insurance benefits for the month of December 1972 the Secretary shall, if it would increase such benefits, redetermine the amount of such benefits for months after December 1972 under title II of the Social Security Act [42 U.S.C. 401 et seq.] as if the amendments made by this section [amending this section and section 403 of this title] had been in effect for the first month of such individual’s entitlement to such benefits.“(2) For purposes of paragraph (1)—“(A) any deceased individual on whose wages and self-employment income the benefits of an individual referred to in paragraph (1) are based, shall be deemed not to have been entitled to benefits if the record, of insured individuals who were entitled to benefits, that is readily available to the Secretary contains no entry for such deceased individual; and“(B) any deductions under subsections (b) and (c) of section 203 of such Act [42 U.S.C. 403(b), (c)], applicable to the benefits of an individual referred to in paragraph (1) for any month prior to September 1965, shall be disregarded in applying the provisions of section 202(q)(7) of such Act [42 U.S.C. 402(q)(7)] (as amended by this Act) [Pub. L. 92–603].”
Pub. L. 92–603, title I, § 108(g), “Where—“(1) one or more persons are entitled (without the application of sections 202(j)(1) and 223(b) of the Social Security Act) [42 U.S.C. 402(j)(1), 423(b)] to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and“(2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202 or 223 [42 U.S.C. 402, 423] for January 1973 solely by reason of the amendments made by this section on the basis of such wages and self-employment income, and“(3) the total of benefits to which all persons are entitled under such sections 202 and 223 on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act [42 U.S.C. 403(a)] as amended by this Act, or would, but for the penultimate sentence of such section 203(a), be so reduced),then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for months after December 1972 shall be adjusted, after the application of such section 203(a) [42 U.S.C. 403(a)], to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2).”
Pub. L. 92–603, title I, § 112(c), “Any child—“(1) whose entitlement to child’s insurance benefits under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] was terminated by reason of his adoption, prior to the date of the enactment of this Act [“(2) who, except for such adoption, would be entitled to child’s insurance benefits under such section for a month after the month in which this Act is enacted [October 1972],may, upon filing application for child’s insurance benefits under the Social Security Act after the date of enactment of this Act, become reentitled to such benefits; except that no child shall, by reason of the enactment of this section, become reentitled to such benefits for any month prior to the month after the month in which this Act is enacted.”
1972—Pub. L. 92–603, title I, § 102(h), “Where—“(1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for December 1972 on the basis of the wages and self-employment income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and“(2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1973, and“(3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act [42 U.S.C. 403(a)], as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced),then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1972 shall in no case be less after the application of this section and such section 203(a) than the amount it would have been without the application of this section.”
Pub. L. 92–603, title I, § 114(e), “Where—“(1) one or more persons are entitled (without the application of sections 202(j)(1) and 223(b) of the Social Security Act) [42 U.S.C. 402(j)(1), 423(b)] to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and“(2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202(g) as a surviving divorced mother (as defined in section 216(d)(3) [42 U.S.C. 416(d)(3)]) for a month after December 1972 on the basis of such wages and self-employment income, and“(3) the total of benefits to which all persons are entitled under such section[s] 202 and 223 [42 U.S.C. 402, 423] on the basis of such wages and self-employment income for any month after December 1972 is reduced by reason of section 203(a) of such Act [42 U.S.C. 403(a)] as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced)then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled beginning with the first month after December 1972 for which any person referred to in paragraph (2) becomes entitled shall be adjusted, after the application of such section 203(a), to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2).”
1961—Pub. L. 87–64, title I, § 104(f), “Where—“(1) two or more persons were entitled (without the application of subsection (j)(1) of section 202 of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under such section 202 for the last month beginning before the effective date of this title [see Effective Date of 1961 Amendment note set out above] on the basis of the wages and self-employment income of a deceased individual, and one or more of such persons is entitled to a monthly insurance benefit under subsection (e), (f), or (h) of such section 202 for such last month; and“(2) no person, other than the persons referred to in paragraph (1) of this subsection, is entitled to benefits under such section 202 on the basis of such individual’s wages and self-employment income for a subsequent month or for any month after such last month and before such subsequent month; and“(3) the total of the benefits to which all persons are entitled under such section 202 on the basis of such individual’s wages and self-employment income for such subsequent month is reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)],then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be determined without regard to this Act if, after the application of this Act, such benefit for such month is less than the amount of such benefit for such last month. The preceding provisions of this subsection shall not apply to any monthly benefit of any person for any month beginning after the effective date of this title [see Effective Date note of 1961 Amendment note set out above] unless paragraph (3) also applies to such benefit for the month beginning on such effective date (or would so apply but for the next to the last sentence of section 203(a) of the Social Security Act).”
1960—Pub. L. 86–778, title II, § 208(e), “Where—“(1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under section 202 of such Act for the month before the month in which this Act is enacted [September 1960] on the basis of the wages and self-employment income of an individual; and“(2) any person is entitled to benefits under subsection (b), (c), (d), (e), (f), or (g) of section 202 of the Social Security Act for any subsequent month on the basis of such individual’s wages and self-employment income and such person would not be entitled to such benefits but for the enactment of this section; and“(3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such individual’s wages and self-employment income for such subsequent month is reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)],then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall not, after the application of such section 203(a), be less than the amount it would have been (determined without regard to section 301 [42 U.S.C. 501]) if no person referred to in paragraph (2) of this subsection was entitled to a benefit referred to in such paragraph for such subsequent month on the basis of such wages and self-employment income of such individual.”
Pub. L. 86–778, title III, § 301(c), “Where—“(1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under section 202 of such Act for the second month following the month in which this Act is enacted [September 1960] on the basis of the wages and self-employment income of a deceased individual (but not including any person who became so entitled by reason of section 208 of this Act [42 U.S.C. 408]); and“(2) no person, other than (i) those persons referred to in paragraph (1) of this subsection (ii) those persons who are entitled to benefits under section 202(d), (e), (f), or (g) of the Social Security Act but would not be so entitled except for the enactment of section 208 of this Act [42 U.S.C. 408], is entitled to benefits under such section 202 [this section] on the basis of such individual’s wages and self-employment income for any subsequent month or for any month after the second month following the month in which this Act is enacted [September 1960] and prior to such subsequent month; and“(3) the total of the benefits to which all persons referred to in paragraph (1) of this subsection are entitled under section 202 of the Social Security Act on the basis of such individual’s wages and self-employment income for such subsequent month exceeds the maximum of benefits payable, as provided in section 203(a) of such Act [42 U.S.C. 403(a)], on the basis of such wages and self-employment income,then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be determined—“(4) in case such person is entitled to benefits under section 202(e), (f), (g), or (h), as though this section and section 208 [42 U.S.C. 408] had not been enacted, or“(5) in case such person is entitled to benefits under section 202(d), as though (i) no person is entitled to benefits under section 202(e), (f), (g), or (h) for such subsequent month, and (ii) the maximum of benefits payable, as described in paragraph (3), is such maximum less the amount of each person’s benefit for such month determined pursuant to paragraph (4).”
1958—Pub. L. 85–840, title III, § 304(b), “Where—“(1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to monthly benefits under section 202 of such Act for the month in which this Act is enacted [August 1958] on the basis of the wages and self-employment income of an individual; and“(2) a person is entitled to a parent’s insurance benefit under section 202(h) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income and such person would not be entitled to such benefit but for the enactment of this section; and“(3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)].then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be increased, after the application of such section 203(a), to the amount it would have been if no person referred to in paragraph (2) of this subsection was entitled to a parent’s insurance benefit for such subsequent month on the basis of such wages and self-employment income.”
1957—Pub. L. 85–238, § 5, “Where—“(a) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to parent’s insurance benefits under section 202(h) of such Act for the month in which this Act [August 1957] is enacted on the basis of the wages and self-employment income of an individual;“(b) a person becomes entitled to a widow’s, widower’s or mother’s insurance benefit under section 202(e), (f), or (g) of the Social Security Act for any subsequent month on the basis of such wages and self-employment income;“(c) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act, on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act [42 U.S.C. 403(a)];then the amount of the benefit to which each such person referred to in paragraph (a) or (b) is entitled for such subsequent month shall be increased, after the application of such section 203(a), to the amount it would have been—“(d) if, in the case of a parent’s insurance benefit, the person referred to in paragraph (b) was not entitled to the benefit referred to in such paragraph, or“(e) if, in the case of a benefit referred to in paragraph (b), no person was entitled to a parent’s insurance benefit for such subsequent month on the basis of such wages and self-employment income.”
1968—Pub. L. 90–248, title I, § 157(c),
1961—Pub. L. 87–64, title I, § 103(c),
1958—Pub. L. 85–840, title II, § 207(b),
Pub. L. 85–840, title III, § 304(c),
1954—Act Sept. 1, 1954, ch. 1206, title I, § 113, 68 Stat. 1086, provided that:“(a) For the purpose of determining the entitlement of any individual to husband’s insurance benefits under subsection (c) of section 202 of the Social Security Act [42 U.S.C. 402(c)] on the basis of his wife’s wages and self-employment income, the requirements of paragraph (1)(D) of such subsection shall be deemed to be met if—“(1) such individual was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary of Health, Education, and Welfare [now Health and Human Services], from his wife on the first day of the first month (A) for which she was entitled to a monthly benefit under subsection (a) of such section 202, and (B) in which an event described in paragraph (1) or (2) of section 203(b) of such Act [42 U.S.C. 403(b)] (as in effect before or after the enactment of this Act [“(2) such individual has filed proof of such support within two years after such first month, and“(3) such wife was, without the application of subsection (j)(1) of such section 202, entitled to a primary insurance benefit under such Act for August 1950.“(b) For the purpose of determining the entitlement of any individual to widower’s insurance benefits under subsection (f) of section 202 of the Social Security Act on the basis of his deceased wife’s wages and self-employment income, the requirements of paragraph (1)(E)(ii) of such subsection shall be deemed to be met if—“(1) such individual was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary of Health, Education, and Welfare [now Health and Human Services], from his wife, and she was a currently insured individual, on the first day of the first month (A) for which she was entitled to a monthly benefit under subsection (a) of such section 202, and (B) in which an event described in paragraph (1) or (2) of section 203(b) of such Act (as in effect before or after the enactment of this Act [“(2) such individual has filed proof of such support within two years after such first month, and“(3) such wife was, without the application of subsection (j)(1) of such section 202, entitled to a primary insurance benefit under such Act for August 1950.“(c) For purposes of subsection (b)(1) of this section, and for purposes of section 202(c)(1) of the Social Security Act in cases to which subsection (a) of this section is applicable, the wife of an individual shall be deemed a currently insured individual if she had not less than six quarters of coverage (as determined under section 213 of the Social Security Act) [42 U.S.C. 413] during the thirteen-quarter period ending with the calendar quarter in which occurs the first month (1) for which such wife was entitled to a monthly benefit under section 202(a) of such Act, and (2) in which an event described in paragraph (1) or (2) of section 203(b) of such Act (as in effect before or after the enactment of this Act [“(d) This section shall apply only with respect to husband’s insurance benefits under section 202(c) of the Social Security Act [42 U.S.C. 402(c)], and widower’s insurance benefits under section 202(f) of such Act [42 U.S.C. 402(f)], for months after August 1954, and only with respect to benefits based on applications filed after such month.”
1950—Act Aug. 28, 1950, ch. 809, title I, § 101(c), 64 Stat. 488, provided that:“(1) Any individual entitled to primary insurance benefits or widow’s current insurance benefits under section 202 of the Social Security Act [42 U.S.C. 402] as in effect prior to its amendment by this Act who would, but for the enactment of this Act, be entitled to such benefits for September 1950 shall be deemed to be entitled to old-age insurance benefits or mother’s insurance benefits (as the case may be) under section 202 of the Social Security Act, as amended by this Act, as though such individual became entitled to such benefits in such month.“(2) Any individual entitled to any other monthly insurance benefits under section 202 of the Social Security Act as in effect prior to its amendment by this Act who would, but for the enactment of this Act, be entitled to such benefits for September 1950 shall be deemed to be entitled to such benefits under section 202 of the Social Security Act, as amended by this Act, as though such individual became entitled to such benefits in such month.“(3) Any individual who files application after August 1950 for monthly benefits under any subsection of section 202 of the Social Security Act who would, but for the enactment of this Act, be entitled to benefits under such subsection (as in effect prior to such enactment) for any month prior to September 1950 shall be deemed entitled to such benefits for such month prior to September 1950 to the same extent and in the same amounts as though this Act had not been enacted.”
Pub. L. 86–778, title II, § 210, “(a) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act [42 U.S.C. 402(c)] except for the enactment of this Act, the requirement in section 202(c)(1)(C) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted [September 1960].“(b) In the case of any widower who would not be entitled to widower’s insurance benefits under section 202(f) of the Social Security Act except for the enactment of this Act, the requirement in section 202(f)(1)(D) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted.“(c) In the case of any parent who would not be entitled to parent’s insurance benefits under section 202(h) of the Social Security Act except for the enactment of this Act, the requirement in section 202(h)(1)(B) of the Social Security Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month in which this Act is enacted.”
Authorization to disregard, in determining need for aid or assistance under an approved State plan, amounts paid under this subchapter for months occurring after December 1964 and before October 1965 to the extent to which payment is attributable to the payment of child’s insurance benefits under the old-age, survivors, and disability insurance system after attainment of age 18, in the case of individuals attending school, resulting from enactment of section 306 of Pub. L. 89–97, see section 406 of Pub. L. 89–97, set out as a note under section 415 of this title.
Act Aug. 28, 1950, ch. 809, title I, § 101(d), 64 Stat. 488, as amended July 18, 1952, ch. 945, § 5(e)(1), 66 Stat. 775;
Lump-sum payments of 3½ percent of total wages paid with respect to employment after
Act July 18, 1952, ch. 945, § 5(e)(2), 66 Stat. 775, as amended by Pub. L. 86–778, title I, § 103(a)(2),
Act Aug. 1, 1956, ch. 836, title I, § 121(b), 70 Stat. 838, provided that:
Forms for use by survivors of members and former members of the uniformed services in filing applications for benefits under this subchapter to be prescribed jointly by the Secretary of Veterans Affairs and the Secretary of Health and Human Services, see section 5105 of Title 38, Veterans’ Benefits.
Pub. L. 90–248, title I, § 162(c)(3), “(A) to any person other than such individual, or, if such individual dies before such benefits can be paid, to any person other than an individual who was entitled for the month in which the deceased individual died (with the application of section 202(j)(1) of the Social Security Act [42 U.S.C. 402(j)(1)]) to a monthly benefit under title II of such Act [42 U.S.C. 401 et seq.] on the basis of the same wages and self-employment income as such deceased individual, or“(B) in excess of the equivalent of the last twelve months’ benefits that would have been payable to such individual.”
Pub. L. 90–248, title IV, § 405,
Ex. Ord. No. 12436,
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 156 of Public Law 97–377 (96 Stat. 1920; 42 U.S.C. 402 note), in order to provide certain benefits to the surviving spouses and children of certain persons who died in or as a result of military service, it is hereby ordered as follows: