
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-182 Section 4(b)]
[Document affected by Public Law 106-182 Section 5]
[CITE: 42USC402]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 402. Old-age and survivors insurance benefit payments


(a) Old-age insurance benefits

    Every individual who--
        (1) is a fully insured individual (as defined in section 414(a) 
    of this title),
        (2) has attained age 62, and
        (3) has filed application for old-age insurance benefits or was 
    entitled to disability insurance benefits for the month preceding 
    the month in which he attained retirement age (as defined in section 
    416(l) of this title),

shall be entitled to an old-age insurance benefit for each month, 
beginning with--
        (A) in the case of an individual who has attained retirement age 
    (as defined in section 416(l) of this title), the first month in 
    which such individual meets the criteria specified in paragraphs 
    (1), (2), and (3), or
        (B) in the case of an individual who has attained age 62, but 
    has not attained retirement age (as defined in section 416(l) of 
    this title), the first month throughout which such individual meets 
    the criteria specified in paragraphs (1) and (2) (if in that month 
    he meets the criterion specified in paragraph (3)),

and ending with the month preceding the month in which he dies. Except 
as provided in subsection (q) and subsection (w) of this section, such 
individual's old-age insurance benefit for any month shall be equal to 
his primary insurance amount (as defined in section 415(a) of this 
title) for such month.

(b) Wife's insurance benefits

    (1) The wife (as defined in section 416(b) of this title) and every 
divorced wife (as defined in section 416(d) of this title) of an 
individual entitled to old-age or disability insurance benefits, if such 
wife or such divorced wife--
        (A) has filed application for wife's insurance benefits,
        (B) has attained age 62 or (in the case of a wife) has in her 
    care (individually or jointly with such individual) at the time of 
    filing such application a child entitled to a child's insurance 
    benefit on the basis of the wages and self-employment income of such 
    individual,
        (C) in the case of a divorced wife, is not married, and
        (D) is not entitled to old-age or disability insurance benefits, 
    or is entitled to old-age or disability insurance benefits based on 
    a primary insurance amount which is less than one-half of the 
    primary insurance amount of such individual,

shall (subject to subsection (s) of this section) be entitled to a 
wife's insurance benefit for each month, beginning with--
        (i) in the case of a wife or divorced wife (as so defined) of an 
    individual entitled to old-age benefits, if such wife or divorced 
    wife has attained retirement age (as defined in section 416(l) of 
    this title), the first month in which she meets the criteria 
    specified in subparagraphs (A), (B), (C), and (D), or
        (ii) in the case of a wife or divorced wife (as so defined) of--
            (I) an individual entitled to old-age insurance benefits, if 
        such wife or divorced wife has not attained retirement age (as 
        defined in section 416(l) of this title), or
            (II) an individual entitled to disability insurance 
        benefits,

    the first month throughout which she is such a wife or divorced wife 
    and meets the criteria specified in subparagraphs (B), (C), and (D) 
    (if in such month she meets the criterion specified in subparagraph 
    (A)),

whichever is earlier, and ending with the month preceding the month in 
which any of the following occurs--
        (E) she dies,
        (F) such individual dies,
        (G) in the case of a wife, they are divorced and either (i) she 
    has not attained age 62, or (ii) she has attained age 62 but has not 
    been married to such individual for a period of 10 years immediately 
    before the date the divorce became effective,
        (H) in the case of a divorced wife, she marries a person other 
    than such individual,
        (I) in the case of a wife who has not attained age 62, no child 
    of such individual is entitled to a child's insurance benefit,
        (J) she becomes entitled to an old-age or disability insurance 
    benefit based on a primary insurance amount which is equal to or 
    exceeds one-half of the primary insurance amount of such individual, 
    or
        (K) such individual is not entitled to disability insurance 
    benefits and is not entitled to old-age insurance benefits.

    (2) Except as provided in subsection (q) of this section and 
paragraph (4) of this subsection, such wife's insurance benefit for each 
month shall be equal to one-half of the primary insurance amount of her 
husband (or, in the case of a divorced wife, her former husband) for 
such month.
    (3) In the case of any divorced wife who marries--
        (A) an individual entitled to benefits under subsection (c), 
    (f), (g), or (h) of this section, or
        (B) an individual who has attained the age of 18 and is entitled 
    to benefits under subsection (d) of this section,

such divorced wife's entitlement to benefits under this subsection 
shall, notwithstanding the provisions of paragraph (1) (but subject to 
subsection (s) of this section), not be terminated by reason of such 
marriage.
    (4)(A) 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 the 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--
        (i) such service did not constitute ``employment'' as defined in 
    section 410 of this title, or
        (ii) such service was being performed while in the service of 
    the Federal Government, and constituted ``employment'' as so defined 
    solely by reason of--
            (I) clause (ii) or (iii) of subparagraph (G) of section 
        410(a)(5) of this title, where the lump-sum payment described in 
        such clause (ii) or the cessation of coverage described in such 
        clause (iii) (whichever is applicable) was received or occurred 
        on or after January 1, 1988, or
            (II) an election to become subject to 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 [22 
        U.S.C. 4071 et seq.] made pursuant to law after December 31, 
        1987,

unless subparagraph (B) applies. 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.
    (B)(i) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based wholly on service as a member of a uniformed 
service (as defined in section 410(m) of this title).
    (ii) Subparagraph (A)(ii) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which constituted 
``employment'' as defined in section 410 of this title if such service 
was performed for at least 60 months in the aggregate during the period 
beginning January 1, 1988, and ending with the close of the first 
calendar month as of the end of which the wife (or divorced wife) is 
eligible for benefits under this subsection and has made a valid 
application for such benefits.
    (C) For purposes of this paragraph, any periodic benefit which 
otherwise meets the requirements of subparagraph (A), but which is paid 
on other than a monthly basis, shall be allocated on a basis equivalent 
to a monthly benefit (as determined by the Commissioner of Social 
Security) and such equivalent monthly benefit shall constitute a monthly 
periodic benefit for purposes of subparagraph (A). For purposes of this 
subparagraph, the term ``periodic benefit'' includes a benefit payable 
in a lump sum if it is a commutation of, or a substitute for, periodic 
payments.
    (5)(A) Notwithstanding the preceding provisions of this subsection, 
except as provided in subparagraph (B), the divorced wife of an 
individual who is not entitled to old-age or disability insurance 
benefits, but who has attained age 62 and is a fully insured individual 
(as defined in section 414 of this title), if such divorced wife--
        (i) meets the requirements of subparagraphs (A) through (D) of 
    paragraph (1), and
        (ii) has been divorced from such insured individual for not less 
    than 2 years,

shall be entitled to a wife's insurance benefit under this subsection 
for each month, in such amount, and beginning and ending with such 
months, as determined (under regulations of the Commissioner of Social 
Security) in the manner otherwise provided for wife's insurance benefits 
under this subsection, as if such insured individual had become entitled 
to old-age insurance benefits on the date on which the divorced wife 
first meets the criteria for entitlement set forth in clauses (i) and 
(ii).
    (B) A wife's insurance benefit provided under this paragraph which 
has not otherwise terminated in accordance with subparagraph (E), (F), 
(H), or (J) of paragraph (1) shall terminate with the month preceding 
the first month in which the insured individual is no longer a fully 
insured individual.

(c) Husband's insurance benefits

    (1) The husband (as defined in section 416(f) of this title) and 
every divorced husband (as defined in section 416(d) of this title) of 
an individual entitled to old-age or disability insurance benefits, if 
such husband or such divorced husband--
        (A) has filed application for husband's insurance benefits,
        (B) 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,
        (C) in the case of a divorced husband, is not married, and
        (D) is not entitled to old-age or disability insurance benefits, 
    or is entitled to old-age or disability insurance benefits based on 
    a primary insurance amount which is less than one-half of the 
    primary insurance amount of such individual,

shall (subject to subsection(s) of this section) be entitled to a 
husband's insurance benefit for each month, beginning with--
        (i) in the case of a husband or divorced husband (as so defined) 
    of an individual who is entitled to an old-age insurance benefit, if 
    such husband or divorced husband has attained retirement age (as 
    defined in section 416(l) of this title), the first month in which 
    he meets the criteria specified in subparagraphs (A), (B), (C), and 
    (D), or
        (ii) in the case of a husband or divorced husband (as so 
    defined) of--
            (I) an individual entitled to old-age insurance benefits, if 
        such husband or divorced husband has not attained retirement age 
        (as defined in section 416(l) of this title), or
            (II) an individual entitled to disability insurance 
        benefits,

    the first month throughout which he is such a husband or divorced 
    husband and meets the criteria specified in subparagraphs (B), (C), 
    and (D) (if in such month he meets the criterion specified in 
    subparagraph (A)),

whichever is earlier, and ending with the month preceding the month in 
which any of the following occurs:
        (E) he dies,
        (F) such individual dies,
        (G) in the case of a husband, they are divorced and either (i) 
    he has not attained age 62, or (ii) he has attained age 62 but has 
    not been married to such individual for a period of 10 years 
    immediately before the divorce became effective,
        (H) in the case of a divorced husband, he marries a person other 
    than such individual,
        (I) in the case of a husband who has not attained age 62, no 
    child of such individual is entitled to a child's insurance benefit,
        (J) he becomes entitled to an old-age or disability insurance 
    benefit based on a primary insurance amount which is equal to or 
    exceeds one-half of the primary insurance amount of such individual, 
    or
        (K) such individual is not entitled to disability insurance 
    benefits and is not entitled to old-age insurance benefits.

    (2)(A) 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 the 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--
        (i) such service did not constitute ``employment'' as defined in 
    section 410 of this title, or
        (ii) such service was being performed while in the service of 
    the Federal Government, and constituted ``employment'' as so defined 
    solely by reason of--
            (I) clause (ii) or (iii) of subparagraph (G) of section 
        410(a)(5) of this title, where the lump-sum payment described in 
        such clause (ii) or the cessation of coverage described in such 
        clause (iii) (whichever is applicable) was received or occurred 
        on or after January 1, 1988, or
            (II) an election to become subject to 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 [22 
        U.S.C. 4071 et seq.] made pursuant to law after December 31, 
        1987,

unless subparagraph (B) applies. 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.
    (B)(i) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based wholly on service as a member of a uniformed 
service (as defined in section 410(m) of this title).
    (ii) Subparagraph (A)(ii) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which constituted 
``employment'' as defined in section 410 of this title if such service 
was performed for at least 60 months in the aggregate during the period 
beginning January 1, 1988, and ending with the close of the first 
calendar month as of the end of which the husband (or divorced husband) 
is eligible for benefits under this subsection and has made a valid 
application for such benefits.
    (C) For purposes of this paragraph, any periodic benefit which 
otherwise meets the requirements of subparagraph (A), but which is paid 
on other than a monthly basis, shall be allocated on a basis equivalent 
to a monthly benefit (as determined by the Commissioner of Social 
Security) and such equivalent monthly benefit shall constitute a monthly 
periodic benefit for purposes of subparagraph (A). For purposes of this 
subparagraph, the term ``periodic benefit'' includes a benefit payable 
in a lump sum if it is a commutation of, or a substitute for, periodic 
payments.
    (3) Except as provided in subsection (q) of this section and 
paragraph (2) of this subsection, such husband's insurance benefit for 
each month shall be equal to one-half of the primary insurance amount of 
his wife (or, in the case of a divorced husband, his former wife) for 
such month.
    (4) In the case of any divorced husband who marries--
        (A) an individual entitled to benefits under subsection (b), 
    (e), (g), or (h) of this section, or
        (B) an individual who has attained the age of 18 and is entitled 
    to benefits under subsection (d) of this section, by reason of 
    paragraph (1)(B)(ii) thereof,

such divorced husband's entitlement to benefits under this subsection, 
notwithstanding the provisions of paragraph (1) (but subject to 
subsection (s) of this section), shall not be terminated by reason of 
such marriage.
    (5)(A) Notwithstanding the preceding provisions of this subsection, 
except as provided in subparagraph (B), the divorced husband of an 
individual who is not entitled to old-age or disability insurance 
benefits, but who has attained age 62 and is a fully insured individual 
(as defined in section 414 of this title), if such divorced husband--
        (i) meets the requirements of subparagraphs (A) through (D) of 
    paragraph (1), and
        (ii) has been divorced from such insured individual for not less 
    than 2 years,

shall be entitled to a husband's insurance benefit under this subsection 
for each month, in such amount, and beginning and ending with such 
months, as determined (under regulations of the Commissioner of Social 
Security) in the manner otherwise provided for husband's insurance 
benefits under this subsection, as if such insured individual had become 
entitled to old-age insurance benefits on the date on which the divorced 
husband first meets the criteria for entitlement set forth in clauses 
(i) and (ii).
    (B) A husband's insurance benefit provided under this paragraph 
which has not otherwise terminated in accordance with subparagraph (E), 
(F), (H), or (J) of paragraph (1) shall terminate with the month 
preceding the first month in which the insured individual is no longer a 
fully insured individual.

(d) Child's insurance benefits

    (1) Every child (as defined in section 416(e) of this title) of an 
individual entitled to old-age or disability insurance benefits, or of 
an individual who dies a fully or currently insured individual, if such 
child--
        (A) has filed application for child's insurance benefits,
        (B) at the time such application was filed was unmarried and (i) 
    either had not attained the age of 18 or was a full-time elementary 
    or secondary school student and had not attained the age of 19, or 
    (ii) is under a disability (as defined in section 423(d) of this 
    title) which began before he attained the age of 22, and
        (C) was dependent upon such individual--
            (i) if such individual is living, at the time such 
        application was filed,
            (ii) if such individual has died, at the time of such death, 
        or
            (iii) if such individual had a period of disability which 
        continued until he became entitled to old-age or disability 
        insurance benefits, or (if he has died) until the month of his 
        death, at the beginning of such period of disability or at the 
        time he became entitled to such benefits,

shall be entitled to a child's insurance benefit for each month, 
beginning with--
        (i) in the case of a child (as so defined) of such an individual 
    who has died, the first month in which such child meets the criteria 
    specified in subparagraphs (A), (B), and (C), or
        (ii) in the case of a child (as so defined) of an individual 
    entitled to an old-age insurance benefit or to a disability 
    insurance benefit, the first month throughout which such child is a 
    child (as so defined) and meets the criteria specified in 
    subparagraphs (B) and (C) (if in such month he meets the criterion 
    specified in subparagraph (A)),

whichever is earlier, and ending with the month preceding whichever of 
the following first occurs--
        (D) the month in which such child dies, or marries,
        (E) the month in which such child attains the age of 18, but 
    only if he (i) is not under a disability (as so defined) at the time 
    he attains such age, and (ii) is not a full-time elementary or 
    secondary school student during any part of such month,
        (F) if such child was not under a disability (as so defined) at 
    the time he attained the age of 18, the earlier of--
            (i) the first month during no part of which he is a full-
        time elementary or secondary school student, or
            (ii) the month in which he attains the age of 19,

    but only if he was not under a disability (as so defined) in such 
    earlier month;
        (G) if such child was under a disability (as so defined) at the 
    time he attained the age of 18 or if he was not under a disability 
    (as so defined) at such time but was under a disability (as so 
    defined) at or prior to the time he attained (or would attain) the 
    age of 22--
            (i) the termination month, subject to section 423(e) of this 
        title (and for purposes of this subparagraph, the termination 
        month for any individual shall be the third month following the 
        month in which his disability ceases; except that, in the case 
        of an individual who has a period of trial work which ends as 
        determined by application of section 422(c)(4)(A) of this title, 
        the termination month shall be the earlier of (I) the third 
        month following the earliest month after the end of such period 
        of trial work with respect to which such individual is 
        determined to no longer be suffering from a disabling physical 
        or mental impairment, or (II) the third month following the 
        earliest month in which such individual engages or is determined 
        able to engage in substantial gainful activity, but in no event 
        earlier than the first month occurring after the 36 months 
        following such period of trial work in which he engages or is 
        determined able to engage in substantial gainful activity),

    or (if later) the earlier of--
            (ii) the first month during no part of which he is a full-
        time elementary or secondary school student, or
            (iii) the month in which he attains the age of 19,

    but only if he was not under a disability (as so defined) in such 
    earlier month; or
        (H) if the benefits under this subsection are based on the wages 
    and self-employment income of a stepparent who is subsequently 
    divorced from such child's natural parent, the month after the month 
    in which such divorce becomes final.

Entitlement of any child to benefits under this subsection on the basis 
of the wages and self-employment income of an individual entitled to 
disability insurance benefits shall also end with the month before the 
first month for which such 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. No payment under 
this paragraph may be made to a child who would not meet the definition 
of disability in section 423(d) of this title except for paragraph 
(1)(B) thereof for any month in which he engages in substantial gainful 
activity.
    (2) Such child's insurance benefit for each month shall, if the 
individual on the basis of whose wages and self-employment income the 
child is entitled to such benefit has not died prior to the end of such 
month, be equal to one-half of the primary insurance amount of such 
individual for such month. Such child's insurance benefit for each month 
shall, if such individual has died in or prior to such month, be equal 
to three-fourths of the primary insurance amount of such individual.
    (3) A child shall be deemed dependent upon his father or adopting 
father or his mother or adopting mother at the time specified in 
paragraph (1)(C) of this subsection unless, at such time, such 
individual was not living with or contributing to the support of such 
child and--
        (A) such child is neither the legitimate nor adopted child of 
    such individual, or
        (B) such child has been adopted by some other individual.

For purposes of this paragraph, a child deemed to be a child of a fully 
or currently insured individual pursuant to section 416(h)(2)(B) or 
section 416(h)(3) of this title shall be deemed to be the legitimate 
child of such individual.
    (4) A child shall be deemed dependent upon his stepfather or 
stepmother at the time specified in paragraph (1)(C) of this subsection 
if, at such time, the child was receiving at least one-half of his 
support from such stepfather or stepmother.
    (5) In the case of a child who has attained the age of eighteen and 
who marries--
        (A) an individual entitled to benefits under subsection (a), 
    (b), (c), (e), (f), (g), or (h) of this section or under section 
    423(a) of this title, or
        (B) another individual who has attained the age of eighteen and 
    is entitled to benefits under this subsection,

such child's entitlement to benefits under this subsection shall, 
notwithstanding the provisions of paragraph (1) of this subsection but 
subject to subsection (s) of this section, not be terminated by reason 
of such marriage.
    (6) A child whose entitlement to child's insurance benefits on the 
basis of the wages and self-employment income of an insured individual 
terminated with the month preceding the month in which such child 
attained the age of 18, or with a subsequent month, may again become 
entitled to such benefits (provided no event specified in paragraph 
(1)(D) has occurred) beginning with the first month thereafter in which 
he--
        (A)(i) is a 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, or
        (B) is under a disability (as so defined) which began before the 
    close of the 84th month following the month in which his most recent 
    entitlement to child's insurance benefits terminated because he 
    ceased to be under such disability,

but only if he has filed application for such reentitlement. Such 
reentitlement shall end with the month preceding whichever of the 
following first occurs:
        (C) the first month in which an event specified in paragraph 
    (1)(D) occurs;
        (D) the earlier of (i) the first month during no part of which 
    he is a full-time elementary or secondary school student or (ii) the 
    month in which he attains the age of 19, but only if he is not under 
    a disability (as so defined) in such earlier month; or
        (E) if he was under a disability (as so defined), the 
    termination month (as defined in paragraph (1)(G)(i)), subject to 
    section 423(e) of this title, or (if later) the earlier of--
            (i) the first month during no part of which he is a full-
        time elementary or secondary school student, or
            (ii) the month in which he attains the age of 19.

    (7) For the purposes of this subsection--
        (A) A ``full-time elementary or secondary school student'' is an 
    individual who is in full-time attendance as a student at an 
    elementary or secondary school, as determined by the Commissioner of 
    Social Security (in accordance with regulations prescribed by the 
    Commissioner) in the light of the standards and practices of the 
    schools involved, except that no individual shall be considered a 
    ``full-time elementary or secondary school student'' if he is paid 
    by his employer while attending an elementary or secondary school at 
    the request, or pursuant to a requirement, of his employer. An 
    individual shall not be considered a ``full-time elementary or 
    secondary school student'' for the purpose of this section while 
    that individual is confined in a jail, prison, or other penal 
    institution or correctional facility, pursuant to his conviction of 
    an offense (committed after the effective date of this sentence \1\ 
    ) which constituted a felony under applicable law. An individual who 
    is determined to be a full-time elementary or secondary school 
    student shall be deemed to be such a student throughout the month 
    with respect to which such determination is made.
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    \1\ See References in Text note below.
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        (B) Except to the extent provided in such regulations, an 
    individual shall be deemed to be a full-time elementary or secondary 
    school student during any period of nonattendance at an elementary 
    or secondary school at which he has been in full-time attendance if 
    (i) such period is 4 calendar months or less, and (ii) he shows to 
    the satisfaction of the Commissioner of Social Security that he 
    intends to continue to be in full-time attendance at an elementary 
    or secondary school immediately following such period. An individual 
    who does not meet the requirement of clause (ii) with respect to 
    such period of nonattendance shall be deemed to have met such 
    requirement (as of the beginning of such period) if he is in full-
    time attendance at an elementary or secondary school immediately 
    following such period.
        (C)(i) An ``elementary or secondary school'' is a school which 
    provides elementary or secondary education, respectively, as 
    determined under the law of the State or other jurisdiction in which 
    it is located.
        (ii) 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'', within the meaning of this subsection, there shall be 
    disregarded any education provided, or to be provided, beyond grade 
    12.
        (D) A child who attains age 19 at a time when he is a full-time 
    elementary or secondary school student (as defined in subparagraph 
    (A) of this paragraph and without application of subparagraph (B) of 
    such paragraph) but has not (at such time) completed the 
    requirements for, or received, a diploma or equivalent certificate 
    from a secondary school (as defined in subparagraph (C)(i)) shall be 
    deemed (for purposes of determining whether his entitlement to 
    benefits under this subsection has terminated under paragraph (1)(F) 
    and for purposes of determining his initial entitlement to such 
    benefits under clause (i) of paragraph (1)(B)) not to have attained 
    such age until the first day of the first month following the end of 
    the quarter or semester in which he is enrolled at such time (or, if 
    the elementary or secondary school (as defined in this paragraph) in 
    which he is enrolled is not operated on a quarter or semester 
    system, until the first day of the first month following the 
    completion of the course in which he is so enrolled or until the 
    first day of the third month beginning after such time, whichever 
    first occurs).

    (8) In the case of--
        (A) an individual entitled to old-age insurance benefits (other 
    than an individual referred to in subparagraph (B)), or
        (B) an individual entitled to disability insurance benefits, or 
    an individual entitled to old-age insurance benefits who was 
    entitled to disability insurance benefits for the month preceding 
    the first month for which he was entitled to old-age insurance 
    benefits,

a child of such individual adopted after such individual became entitled 
to such old-age or disability insurance benefits shall be deemed not to 
meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless 
such child--
        (C) is the natural child or stepchild of such individual 
    (including such a child who was legally adopted by such individual), 
    or
        (D)(i) was legally adopted by such individual in an adoption 
    decreed by a court of competent jurisdiction within the United 
    States, and
        (ii) in the case of a child who attained the age of 18 prior to 
    the commencement of proceedings for adoption, the child was living 
    with or receiving at least one-half of the child's support from such 
    individual for the year immediately preceding the month in which the 
    adoption is decreed.

    (9)(A) A child who is a child of an individual under clause (3) of 
the first sentence of section 416(e) of this title and is not a child of 
such individual under clause (1) or (2) of such first sentence shall be 
deemed not to be dependent on such individual at the time specified in 
subparagraph (1)(C) of this subsection unless (i) such child was living 
with such individual in the United States and receiving at least one-
half of his support from such individual (I) for the year immediately 
before the month in which such individual became entitled to old-age 
insurance benefits or disability insurance benefits or died, or (II) if 
such individual had a period of disability which continued until he had 
become entitled to old-age insurance benefits, or disability insurance 
benefits, or died, for the year immediately before the month in which 
such period of disability began, and (ii) the period during which such 
child was living with such individual began before the child attained 
age 18.
    (B) In the case of a child who was born in the one-year period 
during which such child must have been living with and receiving at 
least one-half of his support from such individual, such child shall be 
deemed to meet such requirements for such period if, as of the close of 
such period, such child has lived with such individual in the United 
States and received at least one-half of his support from such 
individual for substantially all of the period which begins on the date 
of such child's birth.
    (10) For purposes of paragraph (1)(H)--
        (A) each stepparent shall notify the Commissioner of Social 
    Security of any divorce upon such divorce becoming final; and
        (B) the Commissioner shall annually notify any stepparent of the 
    rule for termination described in paragraph (1)(H) and of the 
    requirement described in subparagraph (A).

(e) Widow's insurance benefits

    (1) The widow (as defined in section 416(c) of this title) and every 
surviving divorced wife (as defined in section 416(d) of this title) of 
an individual who died a fully insured individual, if such widow or such 
surviving divorced wife--
        (A) is not married,
        (B)(i) has attained age 60, or (ii) has attained age 50 but has 
    not attained age 60 and is under a disability (as defined in section 
    423(d) of this title) which began before the end of the period 
    specified in paragraph (4),
        (C)(i) has filed application for widow's insurance benefits,
        (ii) 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 such individual died, and--
            (I) has attained retirement age (as defined in section 
        416(l) of this title),
            (II) is not entitled to benefits under subsection (a) of 
        this section or section 423 of this title, or
            (III) has in effect a certificate (described in paragraph 
        (8)) filed by her with the Commissioner of Social Security, in 
        accordance with regulations prescribed by the Commissioner of 
        Social Security, in which she elects to receive widow's 
        insurance benefits (subject to reduction as provided in 
        subsection (q) of this section), or

        (iii) was entitled, on the basis of such wages and self-
    employment income, to mother's insurance benefits for the month 
    preceding the month in which she attained retirement age (as defined 
    in section 416(l) of this title), and
        (D) is not entitled to old-age insurance benefits or is entitled 
    to old-age insurance benefits each of which is less than the primary 
    insurance amount (as determined after application of subparagraphs 
    (B) and (C) of paragraph (2)) of such deceased individual,

shall be entitled to a widow's insurance benefit for each month, 
beginning with--
        (E) if she satisfies subparagraph (B) by reason of clause (i) 
    thereof, the first month in which she becomes so entitled to such 
    insurance benefits, or
        (F) if she satisfies subparagraph (B) by reason of clause (ii) 
    thereof--
            (i) the first month after her waiting period (as defined in 
        paragraph (5)) in which she becomes so entitled to such 
        insurance benefits, or
            (ii) the first month during all of which she is under a 
        disability and in which she becomes so entitled to such 
        insurance benefits, but only if she was previously entitled to 
        insurance benefits under this subsection on the basis of being 
        under a disability and such first month occurs (I) in the period 
        specified in paragraph (4) and (II) after the month in which a 
        previous entitlement to such benefits on such basis terminated,

and ending with the month preceding the first month in which any of the 
following occurs: she remarries, dies, becomes entitled to an old-age 
insurance benefit equal to or exceeding the primary insurance amount (as 
determined after application of subparagraphs (B) and (C) of paragraph 
(2)) of such deceased individual, or, if she became entitled to such 
benefits before she attained age 60, subject to section 423(e) of this 
title, the termination month (unless she attains retirement age (as 
defined in section 416(l) of this title) on or before the last day of 
such termination month). For purposes of the preceding sentence, the 
termination month for any individual shall be the third month following 
the month in which her disability ceases; except that, in the case of an 
individual who has a period of trial work which ends as determined by 
application of section 422(c)(4)(A) of this title, the termination month 
shall be the earlier of (I) the third month following the earliest month 
after the end of such period of trial work with respect to which such 
individual is determined to no longer be suffering from a disabling 
physical or mental impairment, or (II) the third month following the 
earliest month in which such individual engages or is determined able to 
engage in substantial gainful activity, but in no event earlier than the 
first month occurring after the 36 months following such period of trial 
work in which she engages or is determined able to engage in substantial 
gainful activity.
    (2)(A) Except as provided in subsection (q) of this section, 
paragraph (7) of this subsection, and subparagraph (D) of this 
paragraph, such widow's insurance benefit for each month shall be equal 
to the primary insurance amount (as determined for purposes of this 
subsection after application of subparagraphs (B) and (C)) of such 
deceased individual.
    (B)(i) For purposes of this subsection, in any case in which such 
deceased individual dies before attaining age 62 and section 415(a)(1) 
of this title (as in effect after December 1978) is applicable in 
determining such individual's primary insurance amount--
        (I) such primary insurance amount shall be determined under the 
    formula set forth in section 415(a)(1)(B)(i) and (ii) of this title 
    which is applicable to individuals who initially become eligible for 
    old-age insurance benefits in the second year after the year 
    specified in clause (ii),
        (II) the year specified in clause (ii) shall be substituted for 
    the second calendar year specified in section 415(b)(3)(A)(ii)(I) of 
    this title, and
        (III) such primary insurance amount shall be increased under 
    section 415(i) of this title as if it were the primary insurance 
    amount referred to in section 415(i)(2)(A)(ii)(II) of this title, 
    except that it shall be increased only for years beginning after the 
    first year after the year specified in clause (ii).

    (ii) The year specified in this clause is the earlier of--
        (I) the year in which the deceased individual attained age 60, 
    or would have attained age 60 had he lived to that age, or
        (II) the second year preceding the year in which the widow or 
    surviving divorced wife first meets the requirements of paragraph 
    (1)(B) or the second year preceding the year in which the deceased 
    individual died, whichever is later.

    (iii) This subparagraph shall apply with respect to any benefit 
under this subsection only to the extent its application does not result 
in a primary insurance amount for purposes of this subsection which is 
less than the primary insurance amount otherwise determined for such 
deceased individual under section 415 of this title.
    (C) 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 such 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 such 
subsection (w) of this section.
    (D) If the deceased individual (on the basis of whose wages and 
self-employment income a widow or surviving divorced wife is entitled to 
widow's insurance benefits under this subsection) was, at any time, 
entitled to an old-age insurance benefit which was reduced by reason of 
the application of subsection (q) of this section, the widow's insurance 
benefit of such widow or surviving divorced wife for any month shall, if 
the amount of the widow's insurance benefit of such widow or surviving 
divorced wife (as determined under subparagraph (A) and after 
application of subsection (q) of this section) is greater than--
        (i) the amount of the old-age insurance benefit to which such 
    deceased individual would have been entitled (after application of 
    subsection (q) of this section) for such month if such individual 
    were still living and section 415(f)(5), 415(f)(6), or 415(f)(9)(B) 
    of this title were applied, where applicable, and
        (ii) 82\1/2\ percent of the primary insurance amount (as 
    determined without regard to subparagraph (C)) of such deceased 
    individual,

be reduced to the amount referred to in clause (i), or (if greater) the 
amount referred to in clause (ii).
    (3) For purposes of paragraph (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.
    (4) The period referred to in paragraph (1)(B)(ii), in the case of 
any widow or surviving divorced wife, is the period beginning with 
whichever of the following is the latest:
        (A) the month in which occurred the death of the fully insured 
    individual referred to in paragraph (1) on whose wages and self-
    employment income her benefits are or would be based, or
        (B) the last month for which she was entitled to mother's 
    insurance benefits on the basis of the wages and self-employment 
    income of such individual, or
        (C) the month in which a previous entitlement to widow's 
    insurance benefits on the basis of such wages and self-employment 
    income terminated because her disability had ceased,

and ending with the month before the month in which she attains age 60, 
or, if earlier, with the close of the eighty-fourth month following the 
month with which such period began.
    (5)(A) The waiting period referred to in paragraph (1)(F), in the 
case of any widow or surviving divorced wife, is the earliest period of 
five consecutive calendar months--
        (i) throughout which she has been under a disability, and
        (ii) which begins not earlier than with whichever of the 
    following is the later: (I) the first day of the seventeenth month 
    before the month in which her application is filed, or (II) the 
    first day of the fifth month before the month in which the period 
    specified in paragraph (4) begins.

    (B) For purposes of paragraph (1)(F)(i), each month in the period 
commencing with the first month for which such widow or surviving 
divorced wife is first eligible for supplemental security income 
benefits under subchapter XVI of this chapter, or State supplementary 
payments of the type referred to in section 1382e(a) of this title (or 
payments of the type described in section 212(a) of Public Law 93-66) 
which are paid by the Commissioner of Social Security under an agreement 
referred to in section 1382e(a) of this title (or in section 212(b) of 
Public Law 93-66), shall be included as one of the months of such 
waiting period for which the requirements of subparagraph (A) have been 
met.
    (6) In the case of an individual entitled to monthly insurance 
benefits payable under this section for any month prior to January 1973 
whose benefits were not redetermined under section 102(g) of the Social 
Security Amendments of 1972, such benefits shall not be redetermined 
pursuant to such section, but shall be increased pursuant to any general 
benefit increase (as defined in section 415(i)(3) of this title) or any 
increase in benefits made under or pursuant to section 415(i) of this 
title, including for this purpose the increase provided effective for 
March 1974, as though such redetermination had been made.
    (7)(A) 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 the 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 
political subdivision thereof, as defined in section 418(b)(2) of this 
title) if, on the last day she was employed by such entity--
        (i) such service did not constitute ``employment'' as defined in 
    section 410 of this title, or
        (ii) such service was being performed while in the service of 
    the Federal Government, and constituted ``employment'' as so defined 
    solely by reason of--
            (I) clause (ii) or (iii) of subparagraph (G) of section 
        410(a)(5) of this title, where the lump-sum payment described in 
        such clause (ii) or the cessation of coverage described in such 
        clause (iii) (whichever is applicable) was received or occurred 
        on or after January 1, 1988, or
            (II) an election to become subject to 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 [22 
        U.S.C. 4071 et seq.] made pursuant to law after December 31, 
        1987,

unless subparagraph (B) applies. 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.
    (B)(i) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based wholly on service as a member of a uniformed 
service (as defined in section 410(m) of this title).
    (ii) Subparagraph (A)(ii) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which constituted 
``employment'' as defined in section 410 of this title if such service 
was performed for at least 60 months in the aggregate during the period 
beginning January 1, 1988, and ending with the close of the first 
calendar month as of the end of which the widow (or surviving divorced 
wife) is eligible for benefits under this subsection and has made a 
valid application for such benefits.
    (C) For purposes of this paragraph, any periodic benefit which 
otherwise meets the requirements of subparagraph (A), but which is paid 
on other than a monthly basis, shall be allocated on a basis equivalent 
to a monthly benefit (as determined by the Commissioner of Social 
Security) and such equivalent monthly benefit shall constitute a monthly 
periodic benefit for purposes of subparagraph (A). For purposes of this 
subparagraph, the term ``periodic benefit'' includes a benefit payable 
in a lump sum if it is a commutation of, or a substitute for, periodic 
payments.
    (8) Any certificate filed pursuant to paragraph (1)(C)(ii)(III) 
shall be effective for purposes of this subsection--
        (A) for the month in which it is filed and for any month 
    thereafter, and
        (B) for months, in the period designated by the individual 
    filing such certificate, of one or more consecutive months (not 
    exceeding 12) immediately preceding the month in which such 
    certificate is filed;

except that such certificate shall not be effective for any month before 
the month in which she attains age 62.
    (9) An individual shall be deemed to be under a disability for 
purposes of paragraph (1)(B)(ii) if such individual is eligible for 
supplemental security income benefits under subchapter XVI of this 
chapter, or State supplementary payments of the type referred to in 
section 1382e(a) of this title (or payments of the type described in 
section 212(a) of Public Law 93-66) which are paid by the Commissioner 
of Social Security under an agreement referred to in section 1382e(a) of 
this title (or in section 212(b) of Public Law 93-66), for the month for 
which all requirements of paragraph (1) for entitlement to benefits 
under this subsection (other than being under a disability) are met.

(f) Widower's insurance benefits

    (1) The widower (as defined in section 416(g) of this title) and 
every surviving divorced husband (as defined in section 416(d) of this 
title) of an individual who died a fully insured individual, if such 
widower or such surviving divorced husband--
        (A) is not married,
        (B)(i) has attained age 60, or (ii) has attained age 50 but has 
    not attained age 60 and is under a disability (as defined in section 
    423(d) of the title) which began before the end of the period 
    specified in paragraph (5),
        (C)(i) has filed application for widower's insurance benefits,
        (ii) 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 such individual died, and--
            (I) has attained retirement age (as defined in section 
        416(l) of this title),
            (II) is not entitled to benefits under subsection (a) of 
        this section or section 423 of this title, or
            (III) has in effect a certificate (described in paragraph 
        (8)) filed by him with the Commissioner of Social Security, in 
        accordance with regulations prescribed by the Commissioner of 
        Social Security, in which he elects to receive widower's 
        insurance benefits (subject to reduction as provided in 
        subsection (q) of this section), or

        (iii) was entitled, on the basis of such wages and self-
    employment income, to father's insurance benefits for the month 
    preceding the month in which he attained retirement age (as defined 
    in section 416(l) of this title), and
        (D) is not entitled to old-age insurance benefits, or is 
    entitled to old-age insurance benefits each of which is less than 
    the primary insurance amount (as determined after application of 
    subparagraphs (B) and (C) of paragraph (3)) of such deceased 
    individual,

shall be entitled to a widower's insurance benefit for each month, 
beginning with--
        (E) if he satisfies subparagraph (B) by reason of clause (i) 
    thereof, the first month in which he becomes so entitled to such 
    insurance benefits, or
        (F) if he satisfies subparagraph (B) by reason of clause (ii) 
    thereof--
            (i) the first month after his waiting period (as defined in 
        paragraph (6)) in which he becomes so entitled to such insurance 
        benefits, or
            (ii) the first month during all of which he is under a 
        disability and in which he becomes so entitled to such insurance 
        benefits, but only if he was previously entitled to insurance 
        benefits under this subsection on the basis of being under a 
        disability and such first month occurs (I) in the period 
        specified in paragraph (5) and (II) after the month in which a 
        previous entitlement to such benefits on such basis terminated,

and ending with the month preceding the first month in which any of the 
following occurs: he remarries, dies, or becomes entitled to an old-age 
insurance benefit equal to or exceeding the primary insurance amount (as 
determined after application of subparagraphs (B) and (C) of paragraph 
(3)) of such deceased individual, or, if he became entitled to such 
benefits before he attained age 60, subject to section 423(e) of this 
title, the termination month (unless he attains retirement age (as 
defined in section 416(l) of this title) on or before the last day of 
such termination month). For purposes of the preceding sentence, the 
termination month for any individual shall be the third month following 
the month in which his disability ceases; except that, in the case of an 
individual who has a period of trial work which ends as determined by 
application of section 422(c)(4)(A) of this title, the termination month 
shall be the earlier of (I) the third month following the earliest month 
after the end of such period of trial work with respect to which such 
individual is determined to no longer be suffering from a disabling 
physical or mental impairment, or (II) the third month following the 
earliest month in which such individual engages or is determined able to 
engage in substantial gainful activity, but in no event earlier than the 
first month occurring after the 36 months following such period of trial 
work in which he engages or is determined able to engage in substantial 
gainful activity.
    (2)(A) The amount of a widower's insurance benefit for each month 
(as determined after application of the provisions of subsections (q) 
and (k) 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 the widower (or 
surviving 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--
        (i) such service did not constitute ``employment'' as defined in 
    section 410 of this title, or
        (ii) such service was being performed while in the service of 
    the Federal Government, and constituted ``employment'' as so defined 
    solely by reason of--
            (I) clause (ii) or (iii) of subparagraph (G) of section 
        410(a)(5) of this title, where the lump-sum payment described in 
        such clause (ii) or the cessation of coverage described in such 
        clause (iii) (whichever is applicable) was received or occurred 
        on or after January 1, 1988, or
            (II) an election to become subject to 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 [22 
        U.S.C. 4071 et seq.] made pursuant to law after December 31, 
        1987,

unless subparagraph (B) applies. 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.
    (B)(i) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based wholly on service as a member of a uniformed 
service (as defined in section 410(m) of this title).
    (ii) Subparagraph (A)(ii) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which constituted 
``employment'' as defined in section 410 of this title if such service 
was performed for at least 60 months in the aggregate during the period 
beginning January 1, 1988, and ending with the close of the first 
calendar month as of the end of which the widower (or surviving divorced 
husband) is eligible for benefits under this subsection and has made a 
valid application for such benefits.
    (C) For purposes of this paragraph, any periodic benefit which 
otherwise meets the requirements of subparagraph (A), but which is paid 
on other than a monthly basis, shall be allocated on a basis equivalent 
to a monthly benefit (as determined by the Commissioner of Social 
Security) and such equivalent monthly benefit shall constitute a monthly 
periodic benefit for purposes of subparagraph (A). For purposes of this 
subparagraph, the term ``periodic benefit'' includes a benefit payable 
in a lump sum if it is a commutation of, or a substitute for, periodic 
payments.
    (3)(A) Except as provided in subsection (q) of this section, 
paragraph (2) of this subsection, and subparagraph (D) of this 
paragraph, such widower's insurance benefit for each month shall be 
equal to the primary insurance amount (as determined for purposes of 
this subsection after application of subparagraphs (B) and (C)) of such 
deceased individual.
    (B)(i) For purposes of this subsection, in any case in which such 
deceased individual dies before attaining age 62 and section 415(a)(1) 
of this title (as in effect after December 1978) is applicable in 
determining such individual's primary insurance amount--
        (I) such primary insurance amount shall be determined under the 
    formula set forth in section 415(a)(1)(B)(i) and (ii) of this title 
    which is applicable to individuals who initially become eligible for 
    old-age insurance benefits in the second year after the year 
    specified in clause (ii),
        (II) the year specified in clause (ii) shall be substituted for 
    the second calendar year specified in section 415(b)(3)(A)(ii)(I) of 
    this title, and
        (III) such primary insurance amount shall be increased under 
    section 415(i) of this title as if it were the primary insurance 
    amount referred to in section 415(i)(2)(A)(ii)(II) of this title, 
    except that it shall be increased only for years beginning after the 
    first year after the year specified in clause (ii).

    (ii) The year specified in this clause is the earlier of--
        (I) the year in which the deceased individual attained age 60, 
    or would have attained age 60 had she lived to that age, or
        (II) the second year preceding the year in which the widower or 
    surviving divorced husband first meets the requirements of paragraph 
    (1)(B) or the second year preceding the year in which the deceased 
    individual died, whichever is later.

    (iii) This subparagraph shall apply with respect to any benefit 
under this subsection only to the extent its application does not result 
in a primary insurance amount for purposes of this subsection which is 
less than the primary insurance amount otherwise determined for such 
deceased individual under section 415 of this title.
    (C) 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 such 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 such 
subsection (w) of this section.
    (D) If the deceased individual (on the basis of whose wages and 
self-employment income a widower or surviving divorced husband is 
entitled to widower's insurance benefits under this subsection) was, at 
any time, entitled to an old-age insurance benefit which was reduced by 
reason of the application of subsection (q) of this section, the 
widower's insurance benefit of such widower or surviving divorced 
husband for any month shall, if the amount of the widower's insurance 
benefit of such widower or surviving divorced husband (as determined 
under subparagraph (A) and after application of subsection (q) of this 
section) is greater than--
        (i) the amount of the old-age insurance benefit to which such 
    deceased individual would have been entitled (after application of 
    subsection (q) of this section) for such month if such individual 
    were still living and section 415(f)(5), 415(f)(6), or 415(f)(9)(B) 
    of this title were applied, where applicable, and
        (ii) 82\1/2\ percent of the primary insurance amount (as 
    determined without regard to subparagraph (C)) of such deceased 
    individual;

be reduced to the amount referred to in clause (i), or (if greater) the 
amount referred to in clause (ii).
    (4) For purposes of paragraph (1), if--
        (A) a widower or surviving divorced husband marries after 
    attaining age 60 (or after attaining age 50 if he was entitled 
    before such marriage occurred to benefits based on disability under 
    this subsection), or
        (B) a disabled widower or surviving divorced husband described 
    in paragraph (1)(B)(ii) marries after attaining age 50,

such marriage shall be deemed not to have occurred.
    (5) The period referred to in paragraph (1)(B)(ii), in the case of 
any widower or surviving divorced husband, is the period beginning with 
whichever of the following is the latest:
        (A) the month in which occurred the death of the fully insured 
    individual referred to in paragraph (1) on whose wages and self-
    employment income his benefits are or would be based,
        (B) the last month for which he was entitled to father's 
    insurance benefits on the basis of the wages and self-employment 
    income of such individual, or
        (C) the month in which a previous entitlement to widower's 
    insurance benefits on the basis of such wages and self-employment 
    income terminated because his disability had ceased,

and ending with the month before the month in which he attains age 60, 
or, if earlier, with the close of the eighty-fourth month following the 
month with which such period began.
    (6)(A) The waiting period referred to in paragraph (1)(F), in the 
case of any widower or surviving divorced husband, is the earliest 
period of five consecutive calendar months--
        (i) throughout which he has been under a disability, and
        (ii) which begins not earlier than with whichever of the 
    following is the later: (I) the first day of the seventeenth month 
    before the month in which his application is filed, or (II) the 
    first day of the fifth month before the month in which the period 
    specified in paragraph (5) begins.

    (B) For purposes of paragraph (1)(F)(i), each month in the period 
commencing with the first month for which such widower or surviving 
divorced husband is first eligible for supplemental security income 
benefits under subchapter XVI of this chapter, or State supplementary 
payments of the type referred to in section 1382e(a) of this title (or 
payments of the type described in section 212(a) of Public Law 93-66) 
which are paid by the Commissioner of Social Security under an agreement 
referred to in section 1382e(a) of this title (or in section 212(b) of 
Public Law 93-66), shall be included as one of the months of such 
waiting period for which the requirements of subparagraph (A) have been 
met.
    (7) In the case of an individual entitled to monthly insurance 
benefits payable under this section for any month prior to January 1973 
whose benefits were not redetermined under section 102(g) of the Social 
Security Amendments of 1972, such benefits shall not be redetermined 
pursuant to such section, but shall be increased pursuant to any general 
benefit increase (as defined in section 415(i)(3) of this title) or any 
increase in benefits made under or pursuant to section 415(i) of this 
title, including for this purpose the increase provided effective for 
March 1974, as though such redetermination had been made.
    (8) Any certificate filed pursuant to paragraph (1)(C)(ii)(III) 
shall be effective for purposes of this subsection--
        (A) for the month in which it is filed and for any month 
    thereafter, and
        (B) for months, in the period designated by the individual 
    filing such certificate, of one or more consecutive months (not 
    exceeding 12) immediately preceding the month in which such 
    certificate is filed;

except that such certificate shall not be effective for any month before 
the month in which he attains age 62.
    (9) An individual shall be deemed to be under a disability for 
purposes of paragraph (1)(B)(ii) if such individual is eligible for 
supplemental security income benefits under subchapter XVI of this 
chapter, or State supplementary payments of the type referred to in 
section 1382e(a) of this title (or payments of the type described in 
section 212(a) of Public Law 93-66) which are paid by the Commissioner 
of Social Security under an agreement referred to in such section 
1382e(a) of this title (or in section 212(b) of Public Law 93-66), for 
the month for which all requirements of paragraph (1) for entitlement to 
benefits under this subsection (other than being under a disability) are 
met.

(g) Mother's and father's insurance benefits

    (1) The surviving spouse and every surviving divorced parent (as 
defined in section 416(d) of this title) of an individual who died a 
fully or currently insured individual, if such surviving spouse or 
surviving divorced parent--
        (A) is not married,
        (B) is not entitled to a surviving spouse's insurance benefit,
        (C) is not entitled to old-age insurance benefits, or is 
    entitled to old-age insurance benefits each of which is less than 
    three-fourths of the primary insurance amount of such individual,
        (D) has filed application for mother's or father's insurance 
    benefits, or was entitled to a spouse's insurance benefit on the 
    basis of the wages and self-employment income of such individual for 
    the month preceding the month in which such individual died,
        (E) at the time of filing such application has in his or her 
    care a child of such individual entitled to a child's insurance 
    benefit, and
        (F) in the case of a surviving divorced parent--
            (i) the child referred to in subparagraph (E) is his or her 
        son, daughter, or legally adopted child, and
            (ii) the benefits referred to in such subparagraph are 
        payable on the basis of such individual's wages and self-
        employment income,

shall (subject to subsection (s) of this section) be entitled to a 
mother's or father's insurance benefit for each month, beginning with 
the first month in which he or she becomes so entitled to such insurance 
benefits and ending with the month preceding the first month in which 
any of the following occurs: no child of such deceased individual is 
entitled to a child's insurance benefit, such surviving spouse or 
surviving divorced parent becomes entitled to an old-age insurance 
benefit equal to or exceeding three-fourths of the primary insurance 
amount of such deceased individual, he or she becomes entitled to a 
surviving spouse's insurance benefit, he or she remarries, or he or she 
dies. Entitlement to such benefits shall also end, in the case of a 
surviving divorced parent, with the month immediately preceding the 
first month in which no son, daughter, or legally adopted child of such 
surviving divorced parent is entitled to a child's insurance benefit on 
the basis of the wages and self-employment income of such deceased 
individual.
    (2) Except as provided in paragraph (4) of this subsection, such 
mother's or father's insurance benefit for each month shall be equal to 
three-fourths of the primary insurance amount of such deceased 
individual.
    (3) In the case of a surviving spouse or surviving divorced parent 
who marries--
        (A) an individual entitled to benefits under this subsection or 
    subsection (a), (b), (c), (e), (f), or (h) of this section, or under 
    section 423(a) of this title, or
        (B) an individual who has attained the age of eighteen and is 
    entitled to benefits under subsection (d) of this section,

the entitlement of such surviving spouse or surviving divorced parent to 
benefits under this subsection shall, notwithstanding the provisions of 
paragraph (1) of this subsection but subject to subsection (s) of this 
section, not be terminated by reason of such marriage.
    (4)(A) The amount of a mother's or father's insurance benefit for 
each month (as determined after application of the provisions 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 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, as defined in section 
418(b)(2) of this title) if, on the last day the individual was employed 
by such entity--
        (i) such service did not constitute ``employment'' as defined in 
    section 410 of this title, or
        (ii) such service was being performed while in the service of 
    the Federal Government, and constituted ``employment'' as so defined 
    solely by reason of--
            (I) clause (ii) or (iii) of subparagraph (G) of section 
        410(a)(5) of this title, where the lump-sum payment described in 
        such clause (ii) or the cessation of coverage described in such 
        clause (iii) (whichever is applicable) was received or occurred 
        on or after January 1, 1988, or
            (II) an election to become subject to 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 [22 
        U.S.C. 4071 et seq.] made pursuant to law after December 31, 
        1987,

unless subparagraph (B) applies. 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.
    (B)(i) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based wholly on service as a member of a uniformed 
service (as defined in section 410(m) of this title).
    (ii) Subparagraph (A)(ii) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which constituted 
``employment'' as defined in section 410 of this title if such service 
was performed for at least 60 months in the aggregate during the period 
beginning January 1, 1988, and ending with the close of the first 
calendar month as of the end of which the individual is eligible for 
benefits under this subsection and has made a valid application for such 
benefits.
    (C) For purposes of this paragraph, any periodic benefit which 
otherwise meets the requirements of subparagraph (A), but which is paid 
on other than a monthly basis, shall be allocated on a basis equivalent 
to a monthly benefit (as determined by the Commissioner of Social 
Security) and such equivalent monthly benefit shall constitute a monthly 
periodic benefit for purposes of subparagraph (A). For purposes of this 
subparagraph, the term ``periodic benefit'' includes a benefit payable 
in a lump sum if it is a commutation of, or a substitute for, periodic 
payments.

(h) Parent's insurance benefits

    (1) Every parent (as defined in this subsection) of an individual 
who died a fully insured individual, if such parent--
        (A) has attained age 62,
        (B)(i) was receiving at least one-half of his support from such 
    individual at the time of such individual's death or, if such 
    individual had a period of disability which did not end prior to the 
    month in which he died, at the time such period began or at the time 
    of such death, and (ii) filed proof of such support within two years 
    after the date of such death, or, if such individual had such a 
    period of disability, within two years after the month in which such 
    individual filed application with respect to such period of 
    disability or two years after the date of such death, as the case 
    may be,
        (C) has not married since such individual's death,
        (D) is not entitled to old-age insurance benefits, or is 
    entitled to old-age insurance benefits each of which is less than 
    82\1/2\ 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), and
        (E) has filed application for parent's insurance benefits,

shall be entitled to a parent's insurance benefit for each month 
beginning with the first month after August 1950 in which such parent 
becomes so entitled to such parent's insurance benefits and ending with 
the month preceding the first month in which any of the following 
occurs: such parent dies, marries, or becomes entitled to an old-age 
insurance benefit equal to or exceeding 82\1/2\ 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).
    (2)(A) Except as provided in subparagraphs (B) and (C), such 
parent's insurance benefit for each month shall be equal to 82\1/2\ 
percent of the primary insurance amount of such deceased individual.
    (B) For any month for which more than one parent is entitled to 
parent's insurance benefits on the basis of such deceased individual's 
wages and self-employment income, such benefit for each such parent for 
such month shall (except as provided in subparagraph (C)) be equal to 75 
percent of the primary insurance amount of such deceased individual.
    (C) In any case in which--
        (i) any parent is entitled to a parent's insurance benefit for a 
    month on the basis of a deceased individual's wages and self-
    employment income, and
        (ii) another parent of such deceased individual is entitled to a 
    parent's insurance benefit for such month on the basis of such wages 
    and self-employment income, and on the basis of an application filed 
    after such month and after the month in which the application for 
    the parent's benefits referred to in clause (i) was filed,

the amount of the parent's insurance benefit of the parent referred to 
in clause (i) for the month referred to in such clause shall be 
determined under subparagraph (A) instead of subparagraph (B) and the 
amount of the parent's insurance benefit of a parent referred to in 
clause (ii) for such month shall be equal to 150 percent of the primary 
insurance amount of the deceased individual minus the amount (before the 
application of section 403(a) of this title) of the benefit for such 
month of the parent referred to in clause (i).
    (3) As used in this subsection, the term ``parent'' means the mother 
or father of an individual, a stepparent of an individual by a marriage 
contracted before such individual attained the age of sixteen, or an 
adopting parent by whom an individual was adopted before he attained the 
age of sixteen.
    (4) In the case of a parent who marries--
        (A) an individual entitled to benefits under this subsection or 
    subsection (b), (c), (e), (f), or (g) of this section, or
        (B) an individual who has attained the age of eighteen and is 
    entitled to benefits under subsection (d) of this section,

such parent's entitlement to benefits under this subsection shall, 
notwithstanding the provisions of paragraph (1) of this subsection but 
subject to subsection (s) of this section, not be terminated by reason 
of such marriage.

(i) Lump-sum death payments

    Upon the death, after August 1950, of an individual who died a fully 
or currently insured individual, an amount equal to three times such 
individual's primary insurance amount (as determined without regard to 
the amendments made by section 2201 of the Omnibus Budget Reconciliation 
Act of 1981, relating to the repeal of the minimum benefit provisions), 
or an amount equal to $255, whichever is the smaller, shall be paid in a 
lump sum to the person, if any, determined by the Commissioner of Social 
Security to be the widow or widower of the deceased and to have been 
living in the same household with the deceased at the time of death. If 
there is no such person, or if such person dies before receiving 
payment, then such amount shall be paid--
        (1) to a widow (as defined in section 416(c) of this title) or 
    widower (as defined in section 416(g) of this title) who is entitled 
    (or would have been so entitled had a timely application been 
    filed), on the basis of the wages and self-employment income of such 
    insured individual, to benefits under subsection (e), (f), or (g) of 
    this section for the month in which occurred such individual's 
    death; or
        (2) if no person qualifies for payment under paragraph (1), or 
    if such person dies before receiving payment, in equal shares to 
    each person who is entitled (or would have been so entitled had a 
    timely application been filed), on the basis of the wages and self-
    employment income of such insured individual, to benefits under 
    subsection (d) of this section for the month in which occurred such 
    individual's death.

No payment shall be made to any person under this subsection unless 
application therefor shall have been filed, by or on behalf of such 
person (whether or not legally competent), prior to the expiration of 
two years after the date of death of such insured individual, or unless 
such person was entitled to wife's or husband's insurance benefits, on 
the basis of the wages and self-employment income of such insured 
individual, for the month preceding the month in which such individual 
died. In the case of any individual who died outside the forty-eight 
States and the District of Columbia after December 1953 and before 
January 1, 1957, whose death occurred while he was in the active 
military or naval service of the United States, and who is returned to 
any of such States, the District of Columbia, Alaska, Hawaii, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa 
for interment or reinterment, the provisions of the preceding sentence 
shall not prevent payment to any person under the second sentence of 
this subsection if application for a lump-sum death payment with respect 
to such deceased individual is filed by or on behalf of such person 
(whether or not legally competent) prior to the expiration of two years 
after the date of such interment or reinterment. In the case of any 
individual who died outside the fifty States and the District of 
Columbia after December 1956 while he was performing service, as a 
member of a uniformed service, to which the provisions of section 
410(l)(1) of this title are applicable, and who is returned to any 
State, or to any Territory or possession of the United States, for 
interment or reinterment, the provisions of the third sentence of this 
subsection shall not prevent payment to any person under the second 
sentence of this subsection if application for a lump-sum death payment 
with respect to such deceased individual is filed by or on behalf of 
such person (whether or not legally competent) prior to the expiration 
of two years after the date of such interment or reinterment.

(j) Application for monthly insurance benefits

    (1) Subject to the limitations contained in paragraph (4), an 
individual who would have been entitled to a benefit under subsection 
(a), (b), (c), (d), (e), (f), (g), or (h) of this section for any month 
after August 1950 had he filed application therefor prior to the end of 
such month shall be entitled to such benefit for such month if he files 
application therefor prior to--
        (A) the end of the twelfth month immediately succeeding such 
    month in any case where the individual (i) is filing application for 
    a benefit under subsection (e) or (f) of this section, and satisfies 
    paragraph (1)(B) of such subsection by reason of clause (ii) 
    thereof, or (ii) is filing application for a benefit under 
    subsection (b), (c), or (d) of this section on the basis of the 
    wages and self-employment income of a person entitled to disability 
    insurance benefits, or
        (B) the end of the sixth month immediately succeeding such month 
    in any case where subparagraph (A) does not apply.

Any benefit under this subchapter for a month prior to the month in 
which application is filed shall be reduced, to any extent that may be 
necessary, so that it will not render erroneous any benefit which, 
before the filing of such application, the Commissioner of Social 
Security has certified for payment for such prior month.
    (2) An application for any monthly benefits under this section filed 
before the first month in which the applicant satisfies the requirements 
for such benefits shall be deemed a valid application (and shall be 
deemed to have been filed in such first month) only if the applicant 
satisfies the requirements for such benefits before the Commissioner of 
Social Security makes a final decision on the application and no request 
under section 405(b) of this title for notice and opportunity for a 
hearing thereon is made or, if such a request is made, before a decision 
based upon the evidence adduced at the hearing is made (regardless of 
whether such decision becomes the final decision of the Commissioner of 
Social Security).
    (3) Notwithstanding the provisions of paragraph (1), an individual 
may, at his option, waive entitlement to any benefit referred to in 
paragraph (1) for any one or more consecutive months (beginning with the 
earliest month for which such individual would otherwise be entitled to 
such benefit) which occur before the month in which such individual 
files application for such benefit; and, in such case, such individual 
shall not be considered as entitled to such benefits for any such month 
or months before such individual filed such application. An individual 
shall be deemed to have waived such entitlement for any such month for 
which such benefit would, under the second sentence of paragraph (1), be 
reduced to zero.
    (4)(A) Except as provided in subparagraph (B), no individual shall 
be entitled to a monthly benefit under subsection (a), (b), (c), (e), or 
(f) of this section for any month prior to the month in which he or she 
files an application for benefits under that subsection 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) of this section.
    (B)(i) If the individual applying for retroactive benefits is a 
widow, surviving divorced wife, or widower and is under a disability (as 
defined in section 423(d) of this title), and such individual would, 
except for subparagraph (A), be entitled to retroactive benefits as a 
disabled widow or widower or disabled surviving divorced wife for any 
month before attaining the age of 60, then subparagraph (A) shall not 
apply with respect to such month or any subsequent month.
    (ii) Subparagraph (A) does not apply to a benefit under subsection 
(e) or (f) of this section for the month immediately preceding the month 
of application, if the insured individual died in that preceding month.
    (iii) As used in this subparagraph, the term ``retroactive 
benefits'' means benefits to which an individual becomes entitled for a 
month prior to the month in which application for such benefits is 
filed.
    (5) In any case in which it is determined to the satisfaction of the 
Commissioner of Social Security that an individual failed as of any date 
to apply for monthly insurance benefits under this subchapter by reason 
of misinformation provided to such individual by any officer or employee 
of the Social Security Administration relating to such individual's 
eligibility for benefits under this subchapter, such individual shall be 
deemed to have applied for such benefits on the later of--
        (A) the date on which such misinformation was provided to such 
    individual, or
        (B) the date on which such individual met all requirements for 
    entitlement to such benefits (other than application therefor).

(k) Simultaneous entitlement to benefits

    (1) A child, entitled to child's insurance benefits on the basis of 
the wages and self-employment income of an insured individual, who would 
be entitled, on filing application, to child's insurance benefits on the 
basis of the wages and self-employment income of some other insured 
individual, shall be deemed entitled, subject to the provisions of 
paragraph (2) of this subsection, to child's insurance benefits on the 
basis of the wages and self-employment income of such other individual 
if an application for child's insurance benefits on the basis of the 
wages and self-employment income of such other individual has been filed 
by any other child who would, on filing application, be entitled to 
child's insurance benefits on the basis of the wages and self-employment 
income of both such insured individuals.
    (2)(A) Any child who under the preceding provisions of this section 
is entitled for any month to child's insurance benefits on the wages and 
self-employment income of more than one insured individual shall, 
notwithstanding such provisions, be entitled to only one of such child's 
insurance benefits for such month. Such child's insurance benefits for 
such month shall be the benefit based on the wages and self-employment 
income of the insured individual who has the greatest primary insurance 
amount, except that such child's insurance benefits for such month shall 
be the largest benefit to which such child could be entitled under 
subsection (d) of this section (without the application of section 
403(a) of this title) or subsection (m) of this section if entitlement 
to such benefit would not, with respect to any person, result in a 
benefit lower (after the application of section 403(a) of this title) 
than the benefit which would be applicable if such child were entitled 
on the wages and self-employment income of the individual with the 
greatest primary insurance amount. Where more than one child is entitled 
to child's insurance benefits pursuant to the preceding provisions of 
this paragraph, each such child who is entitled on the wages and self-
employment income of the same insured individuals shall be entitled on 
the wages and self-employment income of the same such insured 
individual.
    (B) Any individual (other than an individual to whom subsection 
(e)(3) or (f)(4) of this section applies) who, under the preceding 
provisions of this section and under the provisions of section 423 of 
this title, is entitled for any month to more than one monthly insurance 
benefit (other than an old-age or disability insurance benefit) under 
this subchapter shall be entitled to only one such monthly benefit for 
such month, such benefit to be the largest of the monthly benefits to 
which he (but for this subparagraph) would otherwise be entitled for 
such month. Any individual who is entitled for any month to more than 
one widow's or widower's insurance benefit to which subsection (e)(3) or 
(f)(4) of this section applies shall be entitled to only one such 
benefit for such month, such benefit to be the largest of such benefits.
    (3)(A) If an individual is entitled to an old-age or disability 
insurance benefit for any month and to any other monthly insurance 
benefit for such month, such other insurance benefit for such month, 
after any reduction under subsection (q), subsection (e)(2) or (f)(3) of 
this section, and any reduction under section 403(a) of this title, 
shall be reduced, but not below zero, by an amount equal to such old-age 
or disability insurance benefit (after reduction under such subsection 
(q) of this section).
    (B) If an individual is entitled for any month to a widow's or 
widower's insurance benefit to which subsection (e)(3) or (f)(4) of this 
section applies and to any other monthly insurance benefit under this 
section (other than an old-age insurance benefit), such other insurance 
benefit for such month, after any reduction under subparagraph (A) of 
this paragraph, any reduction under subsection (q) of this section, and 
any reduction under section 403(a) of this title, shall be reduced, but 
not below zero, by an amount equal to such widow's or widower's 
insurance benefit after any reduction or reductions under such 
subparagraph (A) and such section 403(a).
    (4) Any individual who, under this section and section 423 of this 
title, is entitled for any month to both an old-age insurance benefit 
and a disability insurance benefit under this subchapter shall be 
entitled to only the larger of such benefits for such month, except 
that, if such individual so elects, he shall instead be entitled to only 
the smaller of such benefits for such month.

(l) Entitlement to survivor benefits under railroad retirement 
        provisions

    If any person would be entitled, upon filing application therefor to 
an annuity under section 2 of the Railroad Retirement Act of 1974 [45 
U.S.C. 231a], or to a lump-sum payment under section 6(b) of such Act 
[45 U.S.C. 231e(b)], with respect to the death of an employee (as 
defined in such Act) no lump-sum death payment, and no monthly benefit 
for the month in which such employee died or for any month thereafter, 
shall be paid under this section to any person on the basis of the wages 
and self-employment income of such employee.

(m) Repealed. Pub. L. 97-35, title XXII, Sec. 2201(b)(10), Aug. 13, 
        1981, 95 Stat. 831

(n) Termination of benefits upon deportation of primary beneficiary

    (1) If any individual is (after September 1, 1954) deported under 
section 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) 
thereof), then, notwithstanding any other provisions of this 
subchapter--
        (A) no monthly benefit under this section or section 423 of this 
    title shall be paid to such individual, on the basis of his wages 
    and self-employment income, for any month occurring (i) after the 
    month in which the Commissioner of Social Security is notified by 
    the Attorney General that such individual has been so deported, and 
    (ii) before the month in which such individual is thereafter 
    lawfully admitted to the United States for permanent residence,
        (B) if no benefit could be paid to such individual (or if no 
    benefit could be paid to him if he were alive) for any month by 
    reason of subparagraph (A), no monthly benefit under this section 
    shall be paid, on the basis of his wages and self-employment income, 
    for such month to any other person who is not a citizen of the 
    United States and is outside the United States for any part of such 
    month, and
        (C) no lump-sum death payment shall be made on the basis of such 
    individual's wages and self-employment income if he dies (i) in or 
    after the month in which such notice is received, and (ii) before 
    the month in which he is thereafter lawfully admitted to the United 
    States for permanent residence.

Section 403(b), (c), and (d) of this title shall not apply with respect 
to any such individual for any month for which no monthly benefit may be 
paid to him by reason of this paragraph.
    (2) As soon as practicable after the deportation of any individual 
under any of the paragraphs of section 1227(a) of title 8 (other than 
under paragraph (1)(C) or (1)(E) thereof), the Attorney General shall 
notify the Commissioner of Social Security of such deportation.
    (3) For purposes of paragraphs (1) and (2) of this subsection, an 
individual against whom a final order of deportation has been issued 
under paragraph (19) \2\ 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) \2\ as of the date on which such 
order became final.
---------------------------------------------------------------------------
    \2\ See References in Text note below.
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(o) Application for benefits by survivors of members and former members 
        of uniformed services

    In the case of any individual who would be entitled to benefits 
under subsection (d), (e), (g), or (h) of this section upon filing 
proper application therefor, the filing with the Administrator of 
Veterans' Affairs by or on behalf of such individual of an application 
for such benefits, on the form described in section 5105 of title 38, 
shall satisfy the requirement of such subsection (d), (e), (g), or (h) 
that an application for such benefits be filed.

(p) Extension of period for filing proof of support and applications for 
        lump-sum death payment

    In any case in which there is a failure--
        (1) to file proof of support under subparagraph (B) of 
    subsection (h)(1) of this section, or under clause (B) of subsection 
    (f)(1) of this section as in effect prior to the Social Security Act 
    Amendments of 1950, within the period prescribed by such 
    subparagraph or clause, or
        (2) to file, in the case of a death after 1946, application for 
    a lump-sum death payment under subsection (i) of this section, or 
    under subsection (g) of this section as in effect prior to the 
    Social Security Act Amendments of 1950, within the period prescribed 
    by such subsection,

any such proof or application, as the case may be, which is filed after 
the expiration of such period shall be deemed to have been filed within 
such period if it is shown to the satisfaction of the Commissioner of 
Social Security that there was good cause for failure to file such proof 
or application within such period. The determination of what constitutes 
good cause for purposes of this subsection shall be made in accordance 
with regulations of the Commissioner of Social Security.

(q) Reduction of benefit amounts for certain beneficiaries

    (1) Subject to paragraph (9), if the first month for which an 
individual is entitled to an old-age, wife's, husband's, widow's, or 
widower's insurance benefit is a month before the month in which such 
individual attains retirement age, the amount of such benefit for such 
month and for any subsequent month shall, subject to the succeeding 
paragraphs of this subsection, be reduced by--
        (A) \5/9\ of 1 percent of such amount if such benefit is an old-
    age insurance benefit, \25/36\ of 1 percent of such amount if such 
    benefit is a wife's or husband's insurance benefit, or \19/40\ of 1 
    percent of such amount if such benefit is a widow's or widower's 
    insurance benefit, multiplied by
        (B)(i) the number of months in the reduction period for such 
    benefit (determined under paragraph (6)), if such benefit is for a 
    month before the month in which such individual attains retirement 
    age, or
        (ii) if less, the number of such months in the adjusted 
    reduction period for such benefit (determined under paragraph (7)), 
    if such benefit is (I) for the month in which such individual 
    attains age 62, or (II) for the month in which such individual 
    attains retirement age.

    (2) If an individual is entitled to a disability insurance benefit 
for a month after a month for which such individual was entitled to an 
old-age insurance benefit, such disability insurance benefit for each 
month shall be reduced by the amount such old-age insurance benefit 
would be reduced under paragraphs (1) and (4) for such month had such 
individual attained retirement age (as defined in section 416(l) of this 
title) in the first month for which he most recently became entitled to 
a disability insurance benefit.
    (3)(A) If the first month for which an individual both is entitled 
to a wife's, husband's, widow's, or widower's insurance benefit and has 
attained age 62 (in the case of a wife's or husband's insurance benefit) 
or age 50 (in the case of a widow's or widower's insurance benefit) is a 
month for which such individual is also entitled to--
        (i) an old-age insurance benefit (to which such individual was 
    first entitled for a month before he attains retirement age (as 
    defined in section 416(l) of this title)), or
        (ii) a disability insurance benefit,

then in lieu of any reduction under paragraph (1) (but subject to the 
succeeding paragraphs of this subsection) such wife's, husband's, 
widow's, or widower's insurance benefit for each month shall be reduced 
as provided in subparagraph (B), (C), or (D).
    (B) For any month for which such individual is entitled to an old-
age insurance benefit and is not entitled to a disability insurance 
benefit, such individual's wife's or husband's insurance benefit shall 
be reduced by the sum of--
        (i) the amount by which such old-age insurance benefit is 
    reduced under paragraph (1) for such month, and
        (ii) the amount by which such wife's or husband's insurance 
    benefit would be reduced under paragraph (1) for such month if it 
    were equal to the excess of such wife's or husband's insurance 
    benefit (before reduction under this subsection) over such old-age 
    insurance benefit (before reduction under this subsection).

    (C) For any month for which such individual is entitled to a 
disability insurance benefit, such individual's wife's, husband's, 
widow's, or widower's insurance benefit shall be reduced by the sum of--
        (i) the amount by which such disability insurance benefit is 
    reduced under paragraph (2) for such month (if such paragraph 
    applied to such benefit), and
        (ii) the amount by which such wife's, husband's, widow's, or 
    widower's insurance benefit would be reduced under paragraph (1) for 
    such month if it were equal to the excess of such wife's, husband's, 
    widow's, or widower's insurance benefit (before reduction under this 
    subsection) over such disability insurance benefit (before reduction 
    under this subsection).

    (D) For any month for which such individual is entitled neither to 
an old-age insurance benefit nor to a disability insurance benefit, such 
individual's wife's, husband's, widow's, or widower's insurance benefit 
shall be reduced by the amount by which it would be reduced under 
paragraph (1).
    (E) Notwithstanding subparagraph (A) of this paragraph, if the first 
month for which an individual is entitled to a widow's or widower's 
insurance benefit is a month for which such individual is also entitled 
to an old-age insurance benefit to which such individual was first 
entitled for that month or for a month before she or he became entitled 
to a widow's or widower's benefit, the reduction in such widow's or 
widower's insurance benefit shall be determined under paragraph (1).
    (4) If--
        (A) an individual is or was entitled to a benefit subject to 
    reduction under paragraph (1) or (3) of this subsection, and
        (B) such benefit is increased by reason of an increase in the 
    primary insurance amount of the individual on whose wages and self-
    employment income such benefit is based,

then the amount of the reduction of such benefit (after the application 
of any adjustment under paragraph (7)) for each month beginning with the 
month of such increase in the primary insurance amount shall be computed 
under paragraph (1) or (3), whichever applies, as though the increased 
primary insurance amount had been in effect for and after the month for 
which the individual first became entitled to such monthly benefit 
reduced under such paragraph (1) or (3).
    (5)(A) No wife's or husband's insurance benefit shall be reduced 
under this subsection--
        (i) for any month before the first month for which there is in 
    effect a certificate filed by him or her with the Commissioner of 
    Social Security, in accordance with regulations prescribed by the 
    Commissioner of Social Security, in which he or she elects to 
    receive wife's or husband's insurance benefits reduced as provided 
    in this subsection, or
        (ii) for any month in which he or she has in his or her care 
    (individually or jointly with the person on whose wages and self-
    employment income the wife's or husband's insurance benefit is 
    based) a child of such person entitled to child's insurance 
    benefits.

    (B) Any certificate described in subparagraph (A)(i) shall be 
effective for purposes of this subsection (and for purposes of 
preventing deductions under section 403(c)(2) of this title)--
        (i) for the month in which it is filed and for any month 
    thereafter, and
        (ii) for months, in the period designated by the individual 
    filing such certificate, of one or more consecutive months (not 
    exceeding 12) immediately preceding the month in which such 
    certificate is filed;

except that such certificate shall not be effective for any month before 
the month in which he or she attains age 62, nor shall it be effective 
for any month to which subparagraph (A)(ii) applies.
    (C) If an individual does not have in his or her care a child 
described in subparagraph (A)(ii) in the first month for which he or she 
is entitled to a wife's or husband's insurance benefit, and if such 
first month is a month before the month in which he or she attains 
retirement age (as defined in section 416(l) of this title), he or she 
shall be deemed to have filed in such first month the certificate 
described in subparagraph (A)(i).
    (D) No widow's or widower's insurance benefit for a month in which 
he or she has in his or her care a child of his or her deceased spouse 
(or deceased former spouse) entitled to child's insurance benefits shall 
be reduced under this subsection below the amount to which he or she 
would have been entitled had he or she been entitled for such month to 
mother's or father's insurance benefits on the basis of his or her 
deceased spouse's (or deceased former spouse's) wages and self-
employment income.
    (6) For purposes of this subsection, the ``reduction period'' for an 
individual's old-age, wife's, husband's, widow's, or widower's insurance 
benefit is the period--
        (A) beginning--
            (i) in the case of an old-age insurance benefit, with the 
        first day of the first month for which such individual is 
        entitled to such benefit,
            (ii) in the case of a wife's or husband's insurance benefit, 
        with the first day of the first month for which a certificate 
        described in paragraph (5)(A)(i) is effective, or
            (iii) in the case of a widow's or widower's insurance 
        benefit, with the first day of the first month for which such 
        individual is entitled to such benefit or the first day of the 
        month in which such individual attains age 60, whichever is the 
        later, and

        (B) ending with the last day of the month before the month in 
    which such individual attains retirement age.

    (7) For purposes of this subsection, the ``adjusted reduction 
period'' for an individual's old-age, wife's, husband's, widow's, or 
widower's insurance benefit is the reduction period prescribed in 
paragraph (6) for such benefit, excluding--
        (A) any month in which such benefit was subject to deductions 
    under section 403(b), 403(c)(1), 403(d)(1), or 422(b) of this title,
        (B) in the case of wife's or husband's insurance benefits, any 
    month in which such individual had in his or her care (individually 
    or jointly with the person on whose wages and self-employment income 
    such benefit is based) a child of such person entitled to child's 
    insurance benefits,
        (C) in the case of wife's or husband's insurance benefits, any 
    month for which such individual was not entitled to such benefits 
    because of the occurrence of an event that terminated her or his 
    entitlement to such benefits,
        (D) in the case of widow's or widower's insurance benefits, any 
    month in which the reduction in the amount of such benefit was 
    determined under paragraph (5)(D),
        (E) in the case of widow's or widower's insurance benefits, any 
    month before the month in which she or he attained age 62, and also 
    for any later month before the month in which she or he attained 
    retirement age, for which she or he was not entitled to such benefit 
    because of the occurrence of an event that terminated her or his 
    entitlement to such benefits, and
        (F) in the case of old-age insurance benefits, any month for 
    which such individual was entitled to a disability insurance 
    benefit.

    (8) This subsection shall be applied after reduction under section 
403(a) of this title and before application of section 415(g) of this 
title. If the amount of any reduction computed under paragraph (1), (2), 
or (3) is not a multiple of $0.10, it shall be increased to the next 
higher multiple of $0.10.
    (9) The amount of the reduction for early retirement specified in 
paragraph (1)--
        (A) for old-age insurance benefits, wife's insurance benefits, 
    and husband's insurance benefits, shall be the amount specified in 
    such paragraph for the first 36 months of the reduction period (as 
    defined in paragraph (6)) or adjusted reduction period (as defined 
    in paragraph (7)), and five-twelfths of 1 percent for any additional 
    months included in such periods; and
        (B) for widow's insurance benefits and widower's insurance 
    benefits, shall be periodically revised by the Commissioner of 
    Social Security such that--
            (i) the amount of the reduction at early retirement age as 
        defined in section 416(l) of this title shall be 28.5 percent of 
        the full benefit; and
            (ii) the amount of the reduction for each month in the 
        reduction period (specified in paragraph (6)) or the adjusted 
        reduction period (specified in paragraph (7)) shall be 
        established by linear interpolation between 28.5 percent at the 
        month of attainment of early retirement age and 0 percent at the 
        month of attainment of retirement age.

    (10) For purposes of applying paragraph (4), with respect to monthly 
benefits payable for any month after December 1977 to an individual who 
was entitled to a monthly benefit as reduced under paragraph (1) or (3) 
prior to January 1978, the amount of reduction in such benefit for the 
first month for which such benefit is increased by reason of an increase 
in the primary insurance amount of the individual on whose wages and 
self-employment income such benefit is based and for all subsequent 
months (and similarly for all subsequent increases) shall be increased 
by a percentage equal to the percentage increase in such primary 
insurance amount (such increase being made in accordance with the 
provisions of paragraph (8)). In the case of an individual whose reduced 
benefit under this section is increased as a result of the use of an 
adjusted reduction period (in accordance with paragraphs (1) and (3) of 
this subsection), then for the first month for which such increase is 
effective, and for all subsequent months, the amount of such reduction 
(after the application of the previous sentence, if applicable) shall be 
determined--
        (A) in the case of old-age, wife's, and husband's insurance 
    benefits, by multiplying such amount by the ratio of (i) the number 
    of months in the adjusted reduction period to (ii) the number of 
    months in the reduction period,
        (B) in the case of widow's and widower's insurance benefits for 
    the month in which such individual attains age 62, by multiplying 
    such amount by the ratio of (i) the number of months in the 
    reduction period beginning with age 62 multiplied by \19/40\ of 1 
    percent, plus the number of months in the adjusted reduction period 
    prior to age 62 multiplied by \19/40\ of 1 percent to (ii) the 
    number of months in the reduction period multiplied by \19/40\ of 1 
    percent, and
        (C) in the case of widow's and widower's insurance benefits for 
    the month in which such individual attains retirement age (as 
    defined in section 416(l) of this title), by multiplying such amount 
    by the ratio of (i) the number of months in the adjusted reduction 
    period multiplied by \19/40\ of 1 percent to (ii) the number of 
    months in the reduction period beginning with age 62 multiplied by 
    \19/40\ of 1 percent, plus the number of months in the adjusted 
    reduction period prior to age 62 multiplied by \19/40\ of 1 percent,

such determination being made in accordance with the provisions of 
paragraph (8).
    (11) When an individual is entitled to more than one monthly benefit 
under this subchapter and one or more of such benefits are reduced under 
this subsection, paragraph (10) shall apply separately to each such 
benefit reduced under this subsection before the application of 
subsection (k) of this section (pertaining to the method by which 
monthly benefits are offset when an individual is entitled to more than 
one kind of benefit) and the application of this paragraph shall operate 
in conjunction with paragraph (3).

(r) Presumed filing of application by individuals eligible for old-age 
        insurance benefits and for wife's or husband's insurance 
        benefits

    (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.

    (3) For purposes of this subsection, an individual shall be deemed 
eligible for a benefit for a month if, upon filing application therefor 
in such month, he would be entitled to such benefit for such month.

(s) Child over specified age to be disregarded for certain benefit 
        purposes unless disabled

    (1) For the purposes of subsections (b)(1), (c)(1), (g)(1), (q)(5), 
and (q)(7) of this section and paragraphs (2), (3), and (4) of section 
403(c) of this title, a child who is entitled to child's insurance 
benefits under subsection (d) of this section for any month, and who has 
attained the age of 16 but is not in such month under a disability (as 
defined in section 423(d) of this title), shall be deemed not entitled 
to such benefits for such month, unless he was under such a disability 
in the third month before such month.
    (2) So much of subsections (b)(3), (c)(4), (d)(5), (g)(3), and 
(h)(4) of this section as precedes the semicolon, shall not apply in the 
case of any child unless such child, at the time of the marriage 
referred to therein, was under a disability (as defined in section 
423(d) of this title) or had been under such a disability in the third 
month before the month in which such marriage occurred.
    (3) The last sentence of subsection (c) of section 403 of this 
title, subsection (f)(1)(C) of section 403 of this title, and 
subsections (b)(3)(B), (c)(6)(B), (f)(3)(B), and (g)(6)(B) of section 
416 of this title shall not apply in the case of any child with respect 
to any month referred to therein unless in such month or the third month 
prior thereto such child was under a disability (as defined in section 
423(d) of this title).

(t) Suspension of benefits of aliens who are outside United States; 
        residency requirements for dependents and survivors

    (1) 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 who is not a citizen or national of the 
United States for any month which is--
        (A) after the sixth consecutive calendar month during all of 
    which the Commissioner of Social Security finds, on the basis of 
    information furnished to the Commissioner by the Attorney General or 
    information which otherwise comes to the Commissioner's attention, 
    that such individual is outside the United States, and
        (B) prior to the first month thereafter for all of which such 
    individual has been in the United States.

For purposes of the preceding sentence, after an individual has been 
outside the United States for any period of thirty consecutive days he 
shall be treated as remaining outside the United States until he has 
been in the United States for a period of thirty consecutive days.
    (2) Subject to paragraph (11), paragraph (1) of this subsection 
shall not apply to any individual who is a citizen of a foreign country 
which the Commissioner of Social Security finds has in effect a social 
insurance or pension system which is of general application in such 
country and under which--
        (A) periodic benefits, or the actuarial equivalent thereof, are 
    paid on account of old age, retirement, or death, and
        (B) individuals who are citizens of the United States but not 
    citizens of such foreign country and who qualify for such benefits 
    are permitted to receive such benefits or the actuarial equivalent 
    thereof while outside such foreign country without regard to the 
    duration of the absence.

    (3) Paragraph (1) of this subsection shall not apply in any case 
where its application would be contrary to any treaty obligation of the 
United States in effect on August 1, 1956.
    (4) Subject to paragraph (11), paragraph (1) of this subsection 
shall not apply to any benefit for any month if--
        (A) not less than forty of the quarters elapsing before such 
    month are quarters of coverage for the individual on whose wages and 
    self-employment income such benefit is based, or
        (B) the individual on whose wages and self-employment income 
    such benefit is based has, before such month, resided in the United 
    States for a period or periods aggregating ten years or more, or
        (C) the individual entitled to such benefit is outside the 
    United States while in the active military or naval service of the 
    United States, or
        (D) the individual on whose wages and self-employment income 
    such benefit is based died, before such month, either (i) while on 
    active duty or inactive duty training (as those terms are defined in 
    section 410(l) (2) and (3) of this title) as a member of a uniformed 
    service (as defined in section 410(m) of this title), or (ii) as the 
    result of a disease or injury which the Secretary of Veterans 
    Affairs determines was incurred or aggravated in line of duty while 
    on active duty (as defined in section 410(l)(2) of this title), or 
    an injury which he determines was incurred or aggravated in line of 
    duty while on inactive duty training (as defined in section 
    410(l)(3) of this title), as a member of a uniformed service (as 
    defined in section 410(m) of this title), if the Secretary of 
    Veterans Affairs determines that such individual was discharged or 
    released from the period of such active duty or inactive duty 
    training under conditions other than dishonorable, and if the 
    Secretary of Veterans Affairs certifies to the Commissioner of 
    Social Security his determinations with respect to such individual 
    under this clause, or
        (E) the individual on whose employment such benefit is based had 
    been in service covered by the Railroad Retirement Act of 1937 or 
    1974 [45 U.S.C. 228a et seq., 231 et seq.] which was treated as 
    employment covered by this chapter pursuant to the provisions of 
    section 5(k)(1) of the Railroad Retirement Act of 1937 [45 U.S.C. 
    228e(k)(1)] or section 18(2) of the Railroad Retirement Act of 1974 
    [45 U.S.C. 231q(2)];

except that subparagraphs (A) and (B) of this paragraph shall not apply 
in the case of any individual who is a citizen of a foreign country that 
has in effect a social insurance or pension system which is of general 
application in such country and which satisfies subparagraph (A) but not 
subparagraph (B) of paragraph (2), or who is a citizen of a foreign 
country that has no social insurance or pension system of general 
application if at any time within five years prior to the month in which 
the Social Security Amendments of 1967 are enacted (or the first month 
thereafter for which his benefits are subject to suspension under 
paragraph (1)) payments to individuals residing in such country were 
withheld by the Treasury Department under sections 3329(a) and 3330(a) 
of title 31.
    (5) No person who is, or upon application would be, entitled to a 
monthly benefit under this section for December 1956 shall be deprived, 
by reason of paragraph (1) of this subsection, of such benefit or any 
other benefit based on the wages and self-employment income of the 
individual on whose wages and self-employment income such monthly 
benefit for December 1956 is based.
    (6) If an individual is outside the United States when he dies and 
no benefit may, by reason of paragraph (1) or (10) of this subsection, 
be paid to him for the month preceding the month in which he dies, no 
lump-sum death payment may be made on the basis of such individual's 
wages and self-employment income.
    (7) Subsections (b), (c), and (d) of section 403 of this title shall 
not apply with respect to any individual for any month for which no 
monthly benefit may be paid to him by reason of paragraph (1) of this 
subsection.
    (8) The Attorney General shall certify to the Commissioner of Social 
Security such information regarding aliens who depart from the United 
States to any foreign country (other than a foreign country which is 
territorially contiguous to the continental United States) as may be 
necessary to enable the Commissioner of Social Security to carry out the 
purposes of this subsection and shall otherwise aid, assist, and 
cooperate with the Commissioner of Social Security in obtaining such 
other information as may be necessary to enable the Commissioner of 
Social Security to carry out the purposes of this subsection.
    (9) No payments shall be made under part A of subchapter XVIII of 
this chapter with respect to items or services furnished to an 
individual in any month for which the prohibition in paragraph (1) 
against payment of benefits to him is applicable (or would be if he were 
entitled to any such benefits).
    (10) Notwithstanding any other provision of this subchapter, no 
monthly benefits shall be paid under this section or under section 423 
of this title, for any month beginning after June 30, 1968, to an 
individual who is not a citizen or national of the United States and who 
resides during such month in a foreign country if payments for such 
month to individuals residing in such country are withheld by the 
Treasury Department under sections 3329(a) and 3330(a) of title 31.
    (11)(A) Paragraph (2) and subparagraphs (A), (B), (C), and (E) of 
paragraph (4) shall apply with respect to an individual's monthly 
benefits under subsection (b), (c), (d), (e), (f), (g), or (h) of this 
section only if such individual meets the residency requirements of this 
paragraph with respect to those benefits.
    (B) An individual entitled to benefits under subsection (b), (c), 
(e), (f), or (g) of this section meets the residency requirements of 
this paragraph with respect to those benefits only if such individual 
has resided in the United States, and while so residing bore a spousal 
relationship to the person on whose wages and self-employment income 
such entitlement is based, for a total period of not less than 5 years. 
For purposes of this subparagraph, a period of time for which an 
individual bears a spousal relationship to another person consists of a 
period throughout which the individual has been, with respect to such 
other person, a wife, a husband, a widow, a widower, a divorced wife, a 
divorced husband, a surviving divorced wife, a surviving divorced 
husband, a surviving divorced mother, a surviving divorced father, or 
(as applicable in the course of such period) any two or more of the 
foregoing.
    (C) An individual entitled to benefits under subsection (d) of this 
section meets the residency requirements of this paragraph with respect 
to those benefits only if--
        (i)(I) such individual has resided in the United States (as the 
    child of the person on whose wages and self-employment income such 
    entitlement is based) for a total period of not less than 5 years, 
    or
        (II) the person on whose wages and self-employment income such 
    entitlement is based, and the individual's other parent (within the 
    meaning of subsection (h)(3) of this section), if any, have each 
    resided in the United States for a total period of not less than 5 
    years (or died while residing in the United States), and
        (ii) in the case of an individual entitled to such benefits as 
    an adopted child, such individual was adopted within the United 
    States by the person on whose wages and self-employment income such 
    entitlement is based, and has lived in the United States with such 
    person and received at least one-half of his or her support from 
    such person for a period (beginning before such individual attained 
    age 18) consisting of--
            (I) the year immediately before the month in which such 
        person became eligible for old-age insurance benefits or 
        disability insurance benefits or died, whichever occurred first, 
        or
            (II) if such person had a period of disability which 
        continued until he or she became entitled to old-age insurance 
        benefits or disability insurance benefits or died, the year 
        immediately before the month in which such period of disability 
        began.

    (D) An individual entitled to benefits under subsection (h) of this 
section meets the residency requirements of this paragraph with respect 
to those benefits only if such individual has resided in the United 
States, and while so residing was a parent (within the meaning of 
subsection (h)(3) of this section) of the person on whose wages and 
self-employment income such entitlement is based, for a total period of 
not less than 5 years.
    (E) This paragraph shall not apply with respect to any individual 
who is a citizen or resident of a foreign country with which the United 
States has an agreement in force concluded pursuant to section 433 of 
this title, except to the extent provided by such agreement.

(u) Conviction of subversive activities, etc.

    (1) If any individual is convicted of any offense (committed after 
August 1, 1956) under--
        (A) chapter 37 (relating to espionage and censorship), chapter 
    105 (relating to sabotage), or chapter 115 (relating to treason, 
    sedition, and subversive activities) of title 18, or
        (B) section 783 of title 50,

then the court may, in addition to all other penalties provided by law, 
impose a penalty that in determining whether any monthly insurance 
benefit under this section or section 423 of this title is payable to 
such individual for the month in which he is convicted or for any month 
thereafter, in determining the amount of any such benefit payable to 
such individual for any such month, and in determining whether such 
individual is entitled to insurance benefits under part A of subchapter 
XVIII of this chapter for any such month, there shall not be taken into 
account--
        (C) any wages paid to such individual or to any other individual 
    in the calendar year in which such conviction occurs or in any prior 
    calendar year, and
        (D) any net earnings from self-employment derived by such 
    individual or by any other individual during a taxable year in which 
    such conviction occurs or during any prior taxable year.

    (2) As soon as practicable after an additional penalty has, pursuant 
to paragraph (1) of this subsection, been imposed with respect to any 
individual, the Attorney General shall notify the Commissioner of Social 
Security of such imposition.
    (3) If any individual with respect to whom an additional penalty has 
been imposed pursuant to paragraph (1) of this subsection is granted a 
pardon of the offense by the President of the United States, such 
additional penalty shall not apply for any month beginning after the 
date on which such pardon is granted.

(v) Waiver of benefits

    (1) Notwithstanding any other provisions of this subchapter, and 
subject to paragraph (3), in the case of any individual who files a 
waiver pursuant to section 1402(g) of the Internal Revenue Code of 1986 
and is granted a tax exemption thereunder, no benefits or other payments 
shall be payable under this subchapter to him, no payments shall be made 
on his behalf under part A of subchapter XVIII of this chapter, and no 
benefits or other payments under this subchapter shall be payable on the 
basis of his wages and self-employment income to any other person, after 
the filing of such waiver.
    (2) Notwithstanding any other provision of this subchapter, and 
subject to paragraph (3), in the case of any individual who files a 
waiver pursuant to section 3127 of the Internal Revenue Code of 1986 and 
is granted a tax exemption thereunder, no benefits or other payments 
shall be payable under this subchapter to him, no payments shall be made 
on his behalf under part A of subchapter XVIII of this chapter, and no 
benefits or other payments under this subchapter shall be payable on the 
basis of his wages and self-employment income to any other person, after 
the filing of such waiver.
    (3) If, after an exemption referred to in paragraph (1) or (2) is 
granted to an individual, such exemption ceases to be effective, the 
waiver referred to in such paragraph 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--
        (A) his wages for and after the calendar year following the 
    calendar year in which occurs the failure to meet the requirements 
    of section 1402(g) or 3127 of the Internal Revenue Code of 1986 on 
    which the cessation of such exemption is based, and
        (B) his self-employment income for and after the taxable year in 
    which occurs such failure.

(w) Increase in old-age insurance benefit amounts on account of delayed 
        retirement

    (1) 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) 
of this title as in effect thereafter) which is payable without regard 
to this subsection to an individual shall be increased by--
        (A) the applicable percentage (as determined under paragraph 
    (6)) of such amount, multiplied by
        (B) the number (if any) of the increment months for such 
    individual.

    (2) For purposes of this subsection, the number of increment months 
for any individual shall be a number equal to the total number of the 
months--
        (A) which have elapsed after the month before the month in which 
    such individual attained retirement age (as defined in section 
    416(l) of this title) or (if later) December 1970 and prior to the 
    month in which such individual attained age 70, and
        (B) with respect to which--
            (i) such individual was a fully insured individual (as 
        defined in section 414(a) of this title),
            (ii) such individual either was not entitled to an old-age 
        insurance benefit or suffered deductions under section 403(b) or 
        403(c) of this title in amounts equal to the amount of such 
        benefit, and
            (iii) such individual was not subject to a penalty imposed 
        under section 1320a-8a of this title.

    (3) For purposes of applying the provisions of paragraph (1), a 
determination shall be made under paragraph (2) for each year, beginning 
with 1972, of the total number of an individual's increment months 
through the year for which the determination is made and the total so 
determined shall be applicable to such individual's old-age insurance 
benefits beginning with benefits for January of the year following the 
year for which such determination is made; except that the total number 
applicable in the case of an individual who attains age 70 after 1972 
shall be determined through the month before the month in which he 
attains such age and shall be applicable to his old-age insurance 
benefit beginning with the month in which he attains such age.
    (4) This subsection shall be applied after reduction under section 
403(a) of this title.
    (5) If an individual's primary insurance amount is determined under 
paragraph (3) of section 415(a) of this title as in effect in December 
1978, or section 415(a)(1)(C)(i) of this title as in effect thereafter, 
and, as a result of this subsection, he would be entitled to a higher 
old-age insurance benefit if his primary insurance amount were 
determined under section 415(a) of this title (whether before, in, or 
after December 1978) without regard to such paragraph, such individual's 
old-age insurance benefit based upon his primary insurance amount 
determined under such paragraph shall be increased by an amount equal to 
the difference between such benefit and the benefit to which he would be 
entitled if his primary insurance amount were determined under such 
section without regard to such paragraph.
    (6) For purposes of paragraph (1)(A), the ``applicable percentage'' 
is--
        (A) \1/12\ of 1 percent in the case of an individual who first 
    becomes eligible for an old-age insurance benefit in any calendar 
    year before 1979;
        (B) \1/4\ of 1 percent in the case of an individual who first 
    becomes eligible for an old-age insurance benefit in any calendar 
    year after 1978 and before 1987;
        (C) in the case of an individual who first becomes eligible for 
    an old-age insurance benefit in a calendar year after 1986 and 
    before 2005, a percentage equal to the applicable percentage in 
    effect under this paragraph for persons who first became eligible 
    for an old-age insurance benefit in the preceding calendar year (as 
    increased pursuant to this subparagraph), plus \1/24\ of 1 percent 
    if the calendar year in which that particular individual first 
    becomes eligible for such benefit is not evenly divisible by 2; and
        (D) \2/3\ of 1 percent in the case of an individual who first 
    becomes eligible for an old-age insurance benefit in a calendar year 
    after 2004.

(x) Limitation on payments to prisoners and certain other inmates of 
        publicly funded institutions

    (1)(A) 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 ending with or during or 
beginning with or during a period of more than 30 days throughout all of 
which such individual--
        (i) is confined in a jail, prison, or other penal institution or 
    correctional facility pursuant to his conviction of a criminal 
    offense,
        (ii) is confined by court order in an institution at public 
    expense in connection with--
            (I) a verdict or finding that the individual is guilty but 
        insane, with respect to a criminal offense,
            (II) a verdict or finding that the individual is not guilty 
        of such an offense by reason of insanity,
            (III) a finding that such individual is incompetent to stand 
        trial under an allegation of such an offense, or
            (IV) a similar verdict or finding with respect to such an 
        offense based on similar factors (such as a mental disease, a 
        mental defect, or mental incompetence), or

        (iii) immediately upon completion of confinement as described in 
    clause (i) pursuant to conviction of a criminal offense an element 
    of which is sexual activity, is confined by court order in an 
    institution at public expense pursuant to a finding that the 
    individual is a sexually dangerous person or a sexual predator or a 
    similar finding.

    (B)(i) For purposes of clause (i) of subparagraph (A), an individual 
shall not be considered confined in an institution comprising a jail, 
prison, or other penal institution or correctional facility during any 
month throughout which such individual is residing outside such 
institution at no expense (other than the cost of monitoring) to such 
institution or the penal system or to any agency to which the penal 
system has transferred jurisdiction over the individual.
    (ii) For purposes of clauses (ii) and (iii) of subparagraph (A), an 
individual confined in an institution as described in such clause (ii) 
shall be treated as remaining so confined until--
        (I) he or she is released from the care and supervision of such 
    institution, and
        (II) such institution ceases to meet the individual's basic 
    living needs.

    (2) Benefits which would be payable to any individual (other than a 
confined individual to whom benefits are not payable by reason of 
paragraph (1)) under this subchapter on the basis of the wages and self-
employment income of such a confined individual but for the provisions 
of paragraph (1), shall be payable as though such confined individual 
were receiving such benefits under this section or section 423 of this 
title.
    (3)(A) Notwithstanding the provisions of section 552a of title 5 or 
any other provision of Federal or State law, any agency of the United 
States Government or of any State (or political subdivision thereof) 
shall make available to the Commissioner of Social Security, upon 
written request, the name and social security account number of 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.
    (B)(i) The Commissioner shall enter into an agreement under this 
subparagraph with any interested State or local institution comprising a 
jail, prison, penal institution, or correctional facility, or comprising 
any other institution a purpose of which is to confine individuals as 
described in paragraph (1)(A)(ii). Under such agreement--
        (I) the institution shall provide to the Commissioner, on a 
    monthly basis and in a manner specified by the Commissioner, the 
    names, Social Security account numbers, dates of birth, confinement 
    commencement dates, and, to the extent available to the institution, 
    such other identifying information concerning the individuals 
    confined in the institution as the Commissioner may require for the 
    purpose of carrying out paragraph (1) and other provisions of this 
    subchapter; and
        (II) the Commissioner shall pay to the institution, with respect 
    to information described in subclause (I) concerning each individual 
    who is confined therein as described in paragraph (1)(A), who 
    receives a benefit under this subchapter for the month preceding the 
    first month of such confinement, and whose benefit under this 
    subchapter is determined by the Commissioner to be not payable by 
    reason of confinement based on the information provided by the 
    institution, $400 (subject to reduction under clause (ii)) if the 
    institution furnishes the information to the Commissioner within 30 
    days after the date such individual's confinement in such 
    institution begins, or $200 (subject to reduction under clause (ii)) 
    if the institution furnishes the information after 30 days after 
    such date but within 90 days after such date.

    (ii) The dollar amounts specified in clause (i)(II) shall be reduced 
by 50 percent if the Commissioner is also required to make a payment to 
the institution with respect to the same individual under an agreement 
entered into under section 1382(e)(1)(I) of this title.
    (iii) There are authorized to be transferred from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund, as appropriate, such sums as may be necessary to 
enable the Commissioner to make payments to institutions required by 
clause (i)(II).
    (iv) The Commissioner shall maintain, and shall provide on a 
reimbursable basis, information obtained pursuant to agreements entered 
into under this paragraph to any agency administering a Federal or 
federally-assisted cash, food, or medical assistance program for 
eligibility and other administrative purposes under such program.

(y) Limitation on payments to aliens

    Notwithstanding any other provision of law, no monthly benefit under 
this subchapter shall be payable to any alien in the United States for 
any month during which such alien is not lawfully present in the United 
States as determined by the Attorney General.

(Aug. 14, 1935, ch. 531, title II, Sec. 202, 49 Stat. 623; Aug. 10, 
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1363; Aug. 10, 1946, 
ch. 951, title IV, Secs. 402, 403(a), 404(a), 405(a), 60 Stat. 986, 987; 
Aug. 28, 1950, ch. 809, title I, Sec. 101(a), 64 Stat. 482; Aug. 14, 
1953, ch. 483, Sec. 2, 67 Stat. 580; Sept. 1, 1954, ch. 1206, title I, 
Secs. 102(i), 105(a), 107, 110, 68 Stat. 1073, 1079, 1083, 1085; Aug. 9, 
1955, ch. 685, Sec. 2, 69 Stat. 621; Aug. 1, 1956, ch. 836, title I, 
Secs. 101(a)-(c), 102(c), (d)(1)-(10), 103(c)(1)-(3), 113, 114(a), 
118(a), 121(a), 70 Stat. 807, 810-814, 818, 831, 832, 835, 838; Aug. 1, 
1956, ch. 837, title IV, Secs. 403(a), 407, 70 Stat. 871, 876; Pub. L. 
85-238, Secs. 1, 3(a)-(g), Aug. 30, 1957, 71 Stat. 518; Pub. L. 85-798, 
Sec. 1, Aug. 28, 1958, 72 Stat. 964; Pub. L. 85-840, title I, 
Sec. 101(e), title II, Sec. 205(b)-(i), title III, Secs. 301(a)(1), 
(b)(1), (c)(1), 303, 304(a)(1), 305(a), 306(a), 307(a)-(e), Aug. 28, 
1958, 72 Stat. 1017, 1021-1024, 1026, 1027, 1029-1032; Pub. L. 85-857, 
Sec. 13(i)(1), Sept. 2, 1958, 72 Stat. 1265; Pub. L. 85-927, Sec. 301, 
Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86-70, Sec. 32(c)(1), June 25, 
1959, 73 Stat. 149; Pub. L. 86-624, Sec. 30(c)(1), July 12, 1960, 74 
Stat. 420; Pub. L. 86-778, title I, Sec. 103(a)(1), (j)(2)(C), (D), 
title II, Secs. 201(a), (b), 202(a), 203(a), 205(a), (b), 208(d), 
211(i)-(l), title III, Sec. 301(a), title IV, Sec. 403(d), Sept. 13, 
1960, 74 Stat. 936, 937, 946, 947, 949, 952, 957-959, 1969; Pub. L. 87-
64, title I, Secs. 102(a), (b)(1), (2)(A), (3), (e), 104(a)-(d), June 
30, 1961, 75 Stat. 131, 134-136, 138, 139; Pub. L. 89-97, title I, 
Sec. 104(a), title III, Secs. 303(d), 304(a)-(j), 306(a), (b), (c)(1)-
(9), 307(a), (b), 308(a), (b), (d)(1), (2)(A), (3)-(5), (12), (13), 
319(d), 323(a), 324(a), 328(a), 333(a)-(c), 334(e), (f), 339(b), 343(a), 
July 30, 1965, 79 Stat. 334, 367-379, 392, 397, 398, 400, 403-405, 410, 
412; Pub. L. 90-248, title I, Secs. 103(a)-(d), 104(a)-(c), 112(a), 
151(a)-(d)(1), (2), 157(a), (b), 158(c)(1), (2), 162(a)(1), (b)(1), 
(c)(1), (2), Jan. 2, 1968, 81 Stat. 828-830, 838, 860, 867, 868, 871; 
Pub. L. 91-172, title X, Sec. 1004(a)-(c), Dec. 30, 1969, 83 Stat. 741; 
Pub. L. 92-223, Sec. 1, Dec. 28, 1971, 85 Stat. 802; Pub. L. 92-603, 
title I, Secs. 102(a), (b), (d)-(f), 103(a), (b), 107(a), 108(a)-(e), 
109(a), 110(a), 111(a), 112(a), 113(b), 114(a)-(c), 116(b), (c), Oct. 
30, 1972, 86 Stat. 1335, 1336, 1338-1340, 1343-1348, 1350; Pub. L. 93-
66, title II, Sec. 240(a), July 9, 1973, 87 Stat. 161; Pub. L. 93-233, 
Secs. 1(f), (g), 18(b), Dec. 31, 1973, 87 Stat. 947, 948, 967; Pub. L. 
93-445, title III, Sec. 301, Oct. 16, 1974, 88 Stat. 1357; Pub. L. 95-
216, title II, Secs. 203, 204(a)-(d), 205(a), (b), title III, 
Secs. 331(a)-(c), 332(a)(1), (2), 334(a)-(d)(4)(A), (5), (6), (e), 
336(a), (b), 337(b), 353(f)(1), Dec. 20, 1977, 91 Stat. 1527-1529, 1541-
1548, 1554; Pub. L. 95-600, title VII, Sec. 703(j)(14)(A), Nov. 6, 1978, 
92 Stat. 2942; Pub. L. 96-265, title III, Secs. 303(b)(1)(B)-(D), 
306(a), June 9, 1980, 94 Stat. 451, 452, 457; Pub. L. 96-473, 
Secs. 5(b), 6(a), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 96-499, title X, 
Sec. 1011(a), Dec. 5, 1980, 94 Stat. 2655; Pub. L. 97-35, title XXII, 
Secs. 2201(b)(10), (11), (d), (f), 2202(a)(1), 2203(a), (b)(1), (c)(1), 
(d)(1), (2), 2205(a), 2206(b)(1), 2210(a), Aug. 13, 1981, 95 Stat. 831-
838, 841; Pub. L. 97-123, Sec. 2(e), Dec. 29, 1981, 95 Stat. 1660; Pub. 
L. 97-455, Sec. 7(c), Jan. 12, 1983, 96 Stat. 2501; Pub. L. 98-21, title 
I, Secs. 111(a)(7), 113(d), 114(a)-(c)(1), 131(a)(1)-(3)(G), (b)(1)-
(3)(F), (c), 132(a), 133(a), (b), 134(a), (b), title II, Sec. 201(b), 
(c)(1)(A), title III, Secs. 301(a), (b), 302, 306(a), (b), (d)-(h), 
307(a), 309(a)-(e), 334(a), 337(a), 339(a), 340(a), (b), Apr. 20, 1983, 
97 Stat. 72, 79, 92, 93, 95-98, 108, 111-116, 130, 131, 133-135; Pub. L. 
98-369, div. B, title VI, Secs. 2661(b)-(f), 2662(c)(1), 2663(a)(2), 
July 18, 1984, 98 Stat. 1156, 1159, 1160; Pub. L. 99-272, title XII, 
Secs. 12104(a), 12107(a), Apr. 7, 1986, 100 Stat. 285, 286; Pub. L. 99-
514, title XVIII, Sec. 1883(a)(1)-(3), Oct. 22, 1986, 100 Stat. 2916; 
Pub. L. 100-203, title IX, Secs. 9007(a)-(e), 9010(b)-(d), Dec. 22, 
1987, 101 Stat. 1330-289 to 1330-293; Pub. L. 100-647, title VIII, 
Secs. 8004(a), (b), 8007(b), 8010(a), (b), 8014(a), Nov. 10, 1988, 102 
Stat. 3780, 3782, 3788, 3790; Pub. L. 101-239, title X, Secs. 10203(a), 
10301(a), (b), 10302(a)(1), Dec. 19, 1989, 103 Stat. 2473, 2481; Pub. L. 
101-508, title V, Secs. 5103(c)(2)(A), (B), (d), 5116(a), Nov. 5, 1990, 
104 Stat. 1388-252, 1388-253, 1388-274; Pub. L. 101-649, title VI, 
Sec. 603(b)(5), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102-40, title IV, 
Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-54, 
Sec. 13(q)(3)(C), June 13, 1991, 105 Stat. 279; Pub. L. 103-296, title 
I, Sec. 107(a)(4), title III, Secs. 308(a), 321(a)(2)-(5), (b)(1), 
(c)(2), Aug. 15, 1994, 108 Stat. 1478, 1522, 1535-1538; Pub. L. 103-387, 
Sec. 4(a), Oct. 22, 1994, 108 Stat. 4076; Pub. L. 104-121, title I, 
Sec. 104(a)(1), (b)(1), (2), Mar. 29, 1996, 110 Stat. 851, 852; Pub. L. 
104-208, div. C, title III, Sec. 308(g)(1), title V, Sec. 503(a), Sept. 
30, 1996, 110 Stat. 3009-622, 3009-671; Pub. L. 106-169, title II, 
Sec. 207(b), Dec. 14, 1999, 113 Stat. 1838; Pub. L. 106-170, title IV, 
Sec. 402(a)(1), (b)(1), (d)(1), (2), 113 Stat. 1907-1909.)

                       References in Text

    The Foreign Service Act of 1980, referred to in subsecs. 
(b)(4)(A)(ii)(II), (c)(2)(A)(ii)(II), (e)(7)(A)(ii)(II), 
(f)(2)(A)(ii)(II), and (g)(4)(A)(ii)(II), is Pub. L. 96-465, Oct. 17, 
1980, 94 Stat. 2071, as amended. Subchapter II of chapter 8 of title I 
of the Act is classified generally to part II (Sec. 4071 et seq.) of 
subchapter VIII of chapter 52 of Title 22, Foreign Relations and 
Intercourse. For complete classification of this Act to the Code, see 
Short Title note set out under section 3901 of Title 22 and Tables.
    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 October 1, 1980. See Effective Date of 1980 
Amendments note below.
    Section 212 of Public Law 93-66, referred to in subsecs. (e)(5)(B), 
(9) and (f)(6)(B), (9), 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)(7), is section 102(g) of Pub. L. 92-603, 
Oct. 30, 1972, 86 Stat. 1329, which is set out as a Redetermination of 
Widow's and Widower's Benefits note under this section.
    Section 2201 of the Omnibus Budget Reconciliation Act of 1981, 
referred to in subsec. (i), is Pub. L. 97-35, title XXII, Sec. 2201, 
Aug. 13, 1981, 95 Stat. 830, which enacted section 1382k of this title, 
amended sections 402, 403, 415, 417, and 433 of this title, and enacted 
provisions set out as notes under sections 415 and 1382k of this title.
    Section 1227(a) of title 8, referred to in subsec. (n)(3), was 
amended generally by Pub. L. 101-649, title VI, Sec. 602(a), Nov. 29, 
1990, 104 Stat. 5077, and, as so amended, does not contain a par. (19).
    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 September 1, 1950, which was the effective date of section 
101(a) of act Aug. 28, 1950. See section 101(b), (1), (3) of act Aug. 
28, 1950, set out as an Effective Date of 1950 Amendment note below.
    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, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is 
classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of 
Title 45, Railroads. Pub. L. 93-445 completely amended and revised the 
Railroad Retirement Act of 1937 (approved June 24, 1937, ch. 382, 50 
Stat. 307), and as thus amended and revised, the 1937 Act was 
redesignated the Railroad Retirement Act of 1974. Previously, the 1937 
Act had completely amended and revised the Railroad Retirement Act of 
1935 (approved Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the 
1937 Act provided that the 1935 Act, as in force prior to amendment by 
the 1937 Act, may be cited as the Railroad Retirement Act of 1935; and 
that the 1935 Act, as amended by the 1937 Act may be cited as the 
Railroad Retirement Act of 1937. The Railroad Retirement Acts of 1935 
and 1937 were classified to subchapter II (Sec. 215 et seq.) and 
subchapter III (Sec. 228a et seq.), respectively, of chapter 9 of Title 
45. For further details and complete classification of these Acts to the 
Code, see Codification note set out preceding section 231 of Title 45, 
section 231t of Title 45, and Tables.
    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.
    Part A of subchapter XVIII of this chapter, referred to in subsecs. 
(t)(9), (u)(1), and (v)(2), (3), is classified to section 1395c et seq. 
of this title.
    The Internal Revenue Code of 1986, referred to in subsec. (v), is 
classified generally to Title 26, Internal Revenue Code.

                          Codification

    In subsec. (t)(4), (10), ``sections 3329(a) and 3330(a) of title 
31'' substituted for ``the first section of the Act of October 9, 1940 
(31 U.S.C. 123)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money 
and Finance.


                               Amendments

    1999--Subsec. (w)(2)(B)(iii). Pub. L. 106-169 added cl. (iii).
    Subsec. (x)(1)(A). Pub. L. 106-170, Sec. 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, Sec. 402(d)(1)(A), struck out 
``or'' at end.
    Pub. L. 106-170, Sec. 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, Sec. 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, Sec. 402(d)(1)(B), 
substituted ``, or'' for period at end.
    Subsec. (x)(1)(A)(iii). Pub. L. 106-170, Sec. 402(d)(1)(C), added 
cl. (iii).
    Subsec. (x)(1)(B)(ii). Pub. L. 106-170, Sec. 402(d)(2), substituted 
``clauses (ii) and (iii)'' for ``clause (ii)''.
    Subsec. (x)(3). Pub. L. 106-170, Sec. 402(a)(1), designated existing 
provisions as subpar. (A) and added subpar. (B).
    1996--Subsec. (d)(1)(H). Pub. L. 104-121, Sec. 104(b)(1), added 
subpar. (H).
    Subsec. (d)(4). Pub. L. 104-121, Sec. 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, Sec. 104(b)(2), added par. (10).
    Subsec. (n). Pub. L. 104-208, Sec. 308(g)(1), substituted ``section 
1227(a)'' for ``section 1251(a)'' in pars. (1) to (3).
    Subsec. (y). Pub. L. 104-208, Sec. 503(a), added subsec. (y).
    1994--Subsec. (b)(4)(A). Pub. L. 103-296, Sec. 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, Sec. 308(a)(3), designated 
existing provisions as cl. (ii) and added cl. (i).
    Subsec. (b)(4)(C), (5)(A). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (c)(2)(A). Pub. L. 103-296, Sec. 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, Sec. 308(a)(3), designated 
existing provisions as cl. (ii) and added cl. (i).
    Subsec. (c)(2)(C), (5)(A). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (d)(7)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' and ``the 
Commissioner'' for ``him''.
    Subsec. (d)(7)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (d)(8)(D)(ii). Pub. L. 103-296, Sec. 321(a)(2), inserted 
period at end and realigned margin.
    Subsec. (e)(1)(C)(ii)(III), (5)(B). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (e)(7)(A). Pub. L. 103-296, Sec. 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, Sec. 308(a)(3), designated 
existing provisions as cl. (ii) and added cl. (i).
    Subsec. (e)(7)(C), (9). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (f)(1)(C)(ii)(III). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' in two 
places.
    Subsec. (f)(2)(A). Pub. L. 103-296, Sec. 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, Sec. 308(a)(3), designated 
existing provisions as cl. (ii) and added cl. (i).
    Subsec. (f)(2)(C), (6)(B), (9). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (g)(4)(A). Pub. L. 103-296, Sec. 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, Sec. 308(a)(3), designated 
existing provisions as cl. (ii) and added cl. (i).
    Subsec. (g)(4)(C). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsecs. (i), (j)(1), (2), (5). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (n)(1). Pub. L. 103-296, Sec. 321(b)(1), made technical 
amendment to directory language of Pub. L. 101-649, Sec. 603(b)(5)(A). 
See 1990 Amendment note below.
    Subsecs. (n)(1)(A), (2), (p). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (q)(1)(A). Pub. L. 103-296, Sec. 321(a)(3), struck out dash 
after ``multiplied by'' at end.
    Subsec. (q)(5)(A)(i). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' in two places.
    Subsec. (q)(9). Pub. L. 103-296, Sec. 321(a)(4), in introductory 
provisions substituted ``paragraph (1)'' for ``parargaph (1)''.
    Subsec. (q)(9)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (t)(1)(A). Pub. L. 103-296, Sec. 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, Sec. 107(a)(4), in introductory 
provisions substituted ``Commissioner of Social Security'' for 
``Secretary''.
    Subsec. (t)(4)(D). Pub. L. 103-296, Sec. 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, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary'' before ``his determinations with''.
    Subsecs. (t)(8), (u)(2). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (v)(1). Pub. L. 103-296, Sec. 321(c)(2)(A), substituted 
``Code of 1986'' for ``Code of 1954''.
    Subsec. (v)(3)(A). Pub. L. 103-296, Sec. 321(c)(2)(B), inserted ``of 
the Internal Revenue Code of 1986'' after ``3127''.
    Subsec. (x). Pub. L. 103-387, Sec. 4(a)(1), inserted ``and certain 
other inmates of publicly funded institutions'' in heading.
    Subsec. (x)(1). Pub. L. 103-387, Sec. 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, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary''.
    Subsec. (x)(3). Pub. L. 103-387, Sec. 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, Sec. 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, Sec. 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, Sec. 5103(d)(1), added par. (9).
    Subsec. (f)(6). Pub. L. 101-508, Sec. 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, Sec. 5103(d)(2), added par. (9).
    Subsec. (j)(4)(A). Pub. L. 101-508, Sec. 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) of this section'' for ``if the effect of 
entitlement to such benefit would be to reduce, pursuant to subsection 
(q) of this section, 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, Sec. 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, Sec. 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, Sec. 603(b)(5)(A), as amended by 
Pub. L. 103-296, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 10302(a)(1), added par. (5).
    Subsec. (q)(3). Pub. L. 101-239, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 8010(a)(3), added par. (8).
    Subsec. (f)(1)(C). Pub. L. 100-647, Sec. 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, Sec. 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, Sec. 8010(b)(3), added par. (8).
    Subsec. (g)(4)(A)(ii)(II). Pub. L. 100-647, Sec. 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, Sec. 8004(a), inserted reference to 
par. (19) of section 1251(a) of title 8 in introductory provisions.
    Subsec. (n)(3). Pub. L. 100-647, Sec. 8004(b), added par. (3).
    Subsec. (v). Pub. L. 100-647, Sec. 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, Sec. 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, Sec. 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, Sec. 9010(b), substituted 
``36 months'' for ``15 months''.
    Subsec. (e)(1). Pub. L. 100-203, Sec. 9010(c), substituted ``36 
months'' for ``15 months'' in subcl. (II) of last sentence.
    Subsec. (e)(7). Pub. L. 100-203, Sec. 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, Sec. 9010(d), substituted ``36 
months'' for ``15 months'' in subcl. (II) of last sentence.
    Subsec. (f)(2). Pub. L. 100-203, Sec. 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, Sec. 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, Sec. 1883(a)(1), 
substituted ``or (J)'' for ``or (I)''.
    Subsec. (d)(6)(E). Pub. L. 99-272, Sec. 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, Sec. 12104(a), inserted 
``or great-grandchild'' after ``grandchild''.
    Subsec. (q)(5)(A)(i). Pub. L. 99-514, Sec. 1883(a)(2), substituted 
``prescribed by the Secretary'' for ``prescribed by him''.
    Subsec. (q)(5)(C). Pub. L. 99-514, Sec. 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, Sec. 309(c)(4). See 1983 
Amendment note below.
    1984--Subsec. (a). Pub. L. 98-369, Sec. 2662(c)(1), made a 
clarifying amendment to Pub. L. 98-21, Sec. 201(c)(1)(A). See 1983 
Amendment note below.
    Subsec. (c)(1). Pub. L. 98-369, Sec. 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, Sec. 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, Sec. 2661(b)(2), substituted 
``clauses (i) and (ii)'' for ``classes (i) and (ii)''.
    Subsec. (d)(1). Pub. L. 98-369, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2661(c)(1), substituted 
``paragraph (7) of this subsection'' for ``paragraph (8) of this 
subsection''.
    Subsec. (e)(2)(C). Pub. L. 98-369, Sec. 2661(c)(2), struck out the 
period after ``If such deceased individual'' and inserted a closing 
parenthesis after ``paragraph (3) of such subsection (w) of this 
section''.
    Subsec. (e)(7)(A). Pub. L. 98-369, Sec. 2661(c)(3), substituted 
``paragraph (2)(D)'' for ``paragraph (2)(B)''.
    Subsec. (f)(1). Pub. L. 98-369, Sec. 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, Sec. 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, Sec. 2661(d)(2), substituted 
``paragraph (3)(D)'' for ``paragraph (3)(B)''.
    Subsec. (f)(3)(C). Pub. L. 98-369, Sec. 2661(d)(3), struck out the 
period after ``If such deceased individual''.
    Subsec. (f)(3)(D)(i). Pub. L. 98-369, Sec. 2663(a)(2)(D), struck out 
the semicolon after ``applicable,''.
    Subsec. (i). Pub. L. 98-369, Sec. 2663(a)(2)(E), amended language 
being deleted by Pub. L. 97-35, Sec. 2202(a)(1). See 1981 Amendment note 
below.
    Subsec. (q)(3)(E). Pub. L. 98-369, Sec. 2662(c)(1), made a 
clarifying amendment to Pub. L. 98-21, Sec. 201(c)(1)(A). See 1983 
Amendment note below.
    Subsec. (q)(3)(G). Pub. L. 98-369, Sec. 2663(a)(2)(F)(i), 
substituted ``if the period'' for ``as if the period''.
    Subsec. (q)(7)(E). Pub. L. 98-369, Sec. 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, Sec. 2661(e), substituted 
``section 416(l) of this title'' for ``section 416(a) of this title''.
    Subsec. (t)(4)(E). Pub. L. 98-369, Sec. 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, Sec. 2663(a)(2)(H), struck out 
``, 822, or 823'' after ``section 783''.
    1983--Subsec. (a). Pub. L. 98-21, Sec. 201(c)(1)(A), as amended by 
Pub. L. 98-369, Sec. 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, Sec. 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, Sec. 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, Secs. 301(a)(7), 309(a), inserted 
references to subsecs. (c) and (g), respectively.
    Subsec. (b)(4)(A). Pub. L. 98-21, Sec. 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, Sec. 7(c), inserted ``for purposes of this 
subchapter'' after ``as defined in section 410 of this title''.
    Subsec. (b)(5). Pub. L. 98-21, Sec. 132(a), added par. (5).
    Subsec. (c)(1). Pub. L. 98-21, Sec. 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, Sec. 306(d), in provisions following subpar. (D) and 
preceding subpar. (E), inserted ``(subject to subsection (s) of this 
section)'' after ``be entitled to''.
    Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 306(e), inserted alternative 
provisions relating to the case of a husband.
    Subsec. (c)(1)(C). Pub. L. 98-21, Sec. 301(a)(2)(A), (B), added 
subpar. (C) and redesignated former subpar. (C) as (D).
    Subsec. (c)(1)(D). Pub. L. 98-21, Sec. 301(a)(8), substituted ``such 
individual'' for ``his wife'' after ``amount of''.
    Pub. L. 98-21, Sec. 301(a)(2)(B), redesignated former subpar. (C) as 
(D).
    Subsec. (c)(1)(I) to (K). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 301(a)(6), inserted ``(or divorced husband)'' 
after ``payable to such husband''.
    Pub. L. 97-455, Sec. 7(c), inserted ``for purposes of this 
subchapter'' after ``as defined in section 410 of this title''.
    Subsec. (c)(3). Pub. L. 98-21, Sec. 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, Sec. 301(a)(4), (5), added pars. 
(4) and (5).
    Subsec. (d)(5). Pub. L. 98-21, Sec. 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, Sec. 301(a)(9), inserted reference 
to subsec. (c).
    Subsec. (d)(8)(D)(ii)(II). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 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, Sec. 131(a)(3)(B), substituted 
reference to par. (4) for reference to par. (5).
    Subsec. (e)(1)(C). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 131(a)(3)(C), substituted 
reference to par. (5) for reference to par. (6).
    Subsec. (e)(1)(F)(ii). Pub. L. 98-21, Sec. 131(a)(3)(C), substituted 
reference to par. (4) for reference to par. (5).
    Subsec. (e)(2)(A). Pub. L. 98-21, Sec. 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, Sec. 131(a)(3)(D), substituted reference to par. (7) 
for reference to par. (8).
    Pub. L. 98-21, Sec. 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, Sec. 133(a)(1)(A), added subpar. 
(B) and redesignated former subpar. (B) as (D).
    Subsec. (e)(2)(B)(i). Pub. L. 98-21, Sec. 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, Sec. 133(a)(1), added subpar. 
(C) and redesignated former subpar. (B) as (D).
    Subsec. (e)(2)(D)(ii). Pub. L. 98-21, Sec. 133(a)(2)(B), inserted 
``(as determined without regard to subparagraph (C))'' after ``primary 
insurance amount''.
    Subsec. (e)(3). Pub. L. 98-21, Sec. 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, Sec. 131(a)(3)(A), redesignated par. 
(5) as (4). Former par. (4) redesignated (3).
    Subsec. (e)(5). Pub. L. 98-21, Sec. 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, Sec. 131(a)(3)(A), redesignated par. 
(7) as (6). Former par. (6) redesignated (5).
    Subsec. (e)(7). Pub. L. 98-21, Sec. 131(a)(3)(A), redesignated par. 
(8) as (7). Former par. (7) redesignated (6).
    Subsec. (e)(7)(A). Pub. L. 98-21, Sec. 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, Sec. 131(a)(3)(F), substituted reference to par. (3) 
for reference to par. (4).
    Subsec. (e)(8). Pub. L. 98-21, Sec. 131(a)(3)(A), redesignated par. 
(8) as (7).
    Subsec. (e)(8)(A). Pub. L. 97-455, Sec. 7(c), inserted ``for 
purposes of this subchapter'' after ``as defined in section 410 of this 
title''.
    Subsec. (f)(1). Pub. L. 98-21, Sec. 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, Sec. 301(b)(2), substituted ``such deceased 
individual'' for ``his deceased wife'' in provisions following subpar. 
(F).
    Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 302, substituted ``is not 
married'' for ``has not remarried''.
    Subsec. (f)(1)(B)(ii). Pub. L. 98-21, Sec. 131(b)(3)(B), substituted 
reference to par. (5) for reference to par. (6).
    Subsec. (f)(1)(C)(i). Pub. L. 98-21, Sec. 306(g), designated 
existing provisions as cl. (i).
    Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 306(g), added cl. (ii).
    Subsec. (f)(1)(D). Pub. L. 98-21, Sec. 301(b)(2), substituted ``such 
deceased individual'' for ``his deceased wife''.
    Pub. L. 98-21, Sec. 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, Sec. 131(b)(3)(C), substituted 
reference to par. (6) for reference to par. (7).
    Subsec. (f)(1)(F)(ii)(I). Pub. L. 98-21, Sec. 131(b)(3)(C), 
substituted reference to par. (5) for reference to par. (6).
    Subsec. (f)(2)(A). Pub. L. 98-21, Sec. 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, Sec. 131(b)(3)(D), substituted reference to par. (4) 
for reference to par. (5).
    Pub. L. 97-455, Sec. 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, Sec. 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, Sec. 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, Sec. 133(b)(1), added subpar. (B) 
and redesignated former subpar. (B) as (D).
    Pub. L. 98-21, Sec. 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, Sec. 301(b)(3), inserted 
``or surviving divorced husband'' after ``widower''.
    Subsec. (f)(3)(C). Pub. L. 98-21, Sec. 133(b)(1)(B), added subpar. 
(C).
    Subsec. (f)(3)(D). Pub. L. 98-21, Sec. 301(b)(4), inserted ``or 
surviving divorced husband'' after ``widower'' wherever appearing.
    Pub. L. 98-21, Sec. 301(b)(5), substituted ``individual'' for 
``wife'' wherever appearing.
    Pub. L. 98-21, Sec. 133(b)(1)(A), redesignated former subpar. (B) as 
(D).
    Subsec. (f)(3)(D)(ii). Pub. L. 98-21, Sec. 133(b)(2)(B), inserted 
``(as determined without regard to subparagraph (C))'' after ``primary 
insurance amount''.
    Subsec. (f)(4). Pub. L. 98-21, Sec. 301(b)(4), inserted ``or 
surviving divorced husband'' after ``widower'' in two places.
    Pub. L. 98-21, Sec. 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, Sec. 301(b)(4), inserted ``or 
surviving divorced husband'' after ``widower'' in provisions preceding 
subpar. (A).
    Pub. L. 98-21, Sec. 131(b)(3)(A), redesignated par. (6) as (5). 
Former par. (5) redesignated (4).
    Subsec. (f)(5)(B), (C). Pub. L. 98-21, Sec. 306(h), added subpar. 
(B) and redesignated former subpar. (B) as (C).
    Subsec. (f)(6). Pub. L. 98-21, Sec. 301(b)(4), inserted ``or 
surviving divorced husband'' after ``widower''.
    Pub. L. 98-21, Sec. 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, Sec. 131(b)(3)(A), redesignated 
par. (8) as (7). Former par. (7) redesignated (6).
    Subsec. (g). Pub. L. 98-21, Sec. 306(a)(7), inserted ``or father's'' 
after ``mother's'' wherever appearing.
    Subsec. (g)(1). Pub. L. 98-21, Sec. 306(a)(8), struck out ``after 
August 1950'' after ``beginning with the first month'' in provisions 
following subpar. (F).
    Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 306(a)(4), 
substituted ``his or her'' for ``her''.
    Subsec. (g)(3). Pub. L. 98-21, Sec. 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, Sec. 306(a)(1), (6), substituted ``surviving spouse'' 
for ``widow'' and ``parent'' for ``mother'' wherever appearing.
    Subsec. (g)(3)(A). Pub. L. 98-21, Sec. 306(a)(9)(B), inserted 
reference to this subsection and subsecs. (b) and (e).
    Pub. L. 98-21, Sec. 301(b)(6), inserted reference to subsec. (c).
    Subsec. (g)(4)(A). Pub. L. 98-21, Sec. 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, Sec. 7(c), inserted ``for purposes of this 
subchapter'' after ``as defined in section 410 of this title''.
    Subsec. (h)(4). Pub. L. 98-21, Sec. 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, Sec. 301(b)(7), inserted reference 
to subsec. (c).
    Subsec. (j)(4)(B)(iii) to (v). Pub. L. 98-21, Sec. 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, Sec. 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, Secs. 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, Sec. 201(b)(2), substituted ``Subject 
to paragraph (9), if'' for ``If'' at beginning of par. (1).
    Pub. L. 98-21, Sec. 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, Sec. 134(a)(2)(C), substituted 
``paragraph (6)'' for ``paragraph (6)(A)''.
    Subsec. (q)(2). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 309(b), inserted ``or 
surviving divorced husband'' after ``widower''.
    Pub. L. 98-21, Sec. 201(c)(1)(A), as amended by Pub. L. 98-369, 
Sec. 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, Sec. 134(a)(2)(C), substituted 
``paragraph (6)'' for ``paragraph (6)(A)''.
    Subsec. (q)(3)(F). Pub. L. 98-21, Sec. 309(b), inserted ``or 
surviving divorced husband'' after ``widower''.
    Subsec. (q)(3)(F)(ii)(I). Pub. L. 98-21, Sec. 134(a)(2)(C), 
substituted ``paragraph (6)'' for ``paragraph (6)(A)''.
    Subsec. (q)(3)(G). Pub. L. 98-21, Sec. 309(b), inserted ``or 
surviving divorced husband'' after ``widower''.
    Pub. L. 98-21, Sec. 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, Sec. 309(c)(4), substituted ``he or 
she'' for ``she'' wherever appearing.
    Pub. L. 98-21, Sec. 309(c)(1), inserted ``or husband's'' after 
``wife's'' wherever appearing.
    Subsec. (q)(5)(A)(i). Pub. L. 98-21, Sec. 309(c)(2), substituted 
``him or her'' for ``her''.
    Subsec. (q)(5)(A)(ii). Pub. L. 98-21, Sec. 309(c)(3), substituted 
``the'' for ``her'' after ``income''.
    Subsec. (q)(5)(B)(ii). Pub. L. 98-21, Sec. 309(c)(6), substituted 
``the individual'' for ``the woman''.
    Subsec. (q)(5)(C). Pub. L. 98-21, Sec. 309(c)(6), substituted ``an 
individual'' for ``a woman''.
    Pub. L. 98-21, Sec. 309(c)(5), substituted ``his or her'' for 
``her''.
    Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 309(c)(5), substituted ``his or her'' for 
``her'' in three places.
    Subsec. (q)(6). Pub. L. 98-21, Sec. 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, Sec. 309(d)(1), struck out ``or 
husband's'' after ``old-age''.
    Subsec. (q)(6)(A)(ii). Pub. L. 98-21, Sec. 309(d)(1), inserted ``or 
husband's'' after ``wife's''.
    Subsec. (q)(7). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 309(d)(2)(B), inserted ``or 
widower's'' after ``widow's''.
    Subsec. (q)(9). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 309(e)(1), inserted reference to 
subsec. (c)(1).
    Subsec. (s)(2). Pub. L. 98-21, Sec. 309(e)(2), inserted reference to 
subsec. (c)(4).
    Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 131(c)(2), struck out ``(e)(3),'' after 
``(d)(5),''.
    Subsec. (t)(2), (4). Pub. L. 98-21, Sec. 340(b), substituted 
``Subject to paragraph (11), paragraph (1)'' for ``Paragraph (1)''.
    Subsec. (t)(11). Pub. L. 98-21, Sec. 340(a)(2), added par. (11).
    Subsec. (w)(1)(A). Pub. L. 98-21, Sec. 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, Sec. 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, Sec. 114(c)(1), substituted ``age 70'' for ``age 
72''.
    Subsec. (w)(3). Pub. L. 98-21, Sec. 114(c)(1), substituted ``age 
70'' for ``age 72''.
    Subsec. (w)(6). Pub. L. 98-21, Sec. 114(b), added par. (6).
    Subsec. (x). Pub. L. 98-21, Sec. 339(a), added subsec. (x).
    1981--Subsec. (a). Pub. L. 97-35, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2202(a)(1), as amended by Pub. L. 98-369, 
Sec. 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, Sec. 2201(b)(10), struck out subsec. (m) 
which related to the minimum survivor's benefit.
    Subsec. (q)(4). Pub. L. 97-123, Sec. 2(e)(1), substituted 
``increased'' and ``increase'' for ``changed'' and ``change'', 
respectively, wherever appearing.
    Pub. L. 97-35, Sec. 2201(d)(1), substituted ``changed'' and 
``change'' for ``increased'' and ``increase'', respectively, wherever 
appearing.
    Subsec. (q)(8). Pub. L. 97-35, Sec. 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, Sec. 2(e)(2), substituted 
``increased'', ``increase'', and ``increases'' for ``changed'', 
``change'', and ``changes'', respectively, wherever appearing.
    Pub. L. 97-35, Sec. 2201(d)(2), substituted ``changed'', ``change'', 
and ``changes'' for ``increased'', ``increase'' and ``increases'', 
respectively, wherever appearing.
    Subsec. (s)(1). Pub. L. 97-35, Sec. 2205(a)(1), substituted ``the 
age of 16'' for ``the age of 18''.
    Subsec. (w)(1), (5). Pub. L. 97-35, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 6(a), struck out second 
comma after ``where applicable'', which had been inserted by Pub. L. 95-
216, Sec. 204(b). See 1977 Amendment note below.
    Subsec. (f)(1). Pub. L. 96-265, Sec. 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, Sec. 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, Sec. 337(b), substituted 
``10'' for ``20''.
    Subsec. (b)(2). Pub. L. 95-216, Sec. 334(a)(1), inserted reference 
to par. (4) of this subsection.
    Subsec. (b)(4). Pub. L. 95-216, Sec. 334(a)(2), added par. (4).
    Subsec. (c)(1). Pub. L. 95-216, Sec. 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, Sec. 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, Sec. 334(b)(3), inserted reference 
to par. (2) of this subsection.
    Subsec. (e)(2)(A). Pub. L. 95-216, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 334(c)(2), added par. (8).
    Subsec. (f)(1). Pub. L. 95-216, Sec. 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, Sec. 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, Secs. 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, Sec. 204(d), inserted reference 
to section 415(f)(5) or (6) of this title in cl. (i).
    Subsec. (f)(4). Pub. L. 95-216, Sec. 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, Sec. 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, Sec. 334(d)(4)(A), substituted 
``(F)'' for ``(G)''.
    Subsec. (g)(2). Pub. L. 95-216, Sec. 334(e)(1), substituted ``Except 
as provided in paragraph (4) of this subsection, such'' for ``Such''.
    Subsec. (g)(4). Pub. L. 95-216, Sec. 334(e)(2), added par. (4).
    Subsec. (j)(1). Pub. L. 95-216, Sec. 332(a)(1), substituted 
``Subject to the limitations contained in paragraph (4), an'' for 
``An''.
    Subsec. (j)(4). Pub. L. 95-216, Sec. 332(a)(2), added par. (4).
    Subsec. (m)(1). Pub. L. 95-216, Sec. 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, Sec. 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, Sec. 331(c)(2), inserted ``for 
that month or'' after ``first entitled''.
    Subsec. (q)(4). Pub. L. 95-216, Sec. 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, Sec. 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, Sec. 331(b), added pars. (10) 
and (11).
    Subsec. (s)(3). Pub. L. 95-216, Sec. 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, Sec. 353(f)(1), substituted 
``year'' for ``quarter'' wherever appearing.
    Subsec. (w)(1). Pub. L. 95-216, Secs. 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, Sec. 203(2), inserted provision 
relating to individuals eligible after Dec., 1978.
    Subsec. (w)(5). Pub. L. 95-216, Sec. 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, Sec. 1(f), added par. (7).
    Subsec. (f)(8). Pub. L. 93-233, Sec. 1(g), added par. (8).
    Subsec. (w)(5). Pub. L. 93-233, Sec. 18(b), added par. (5).
    1972--Subsec. (a). Pub. L. 92-603, Sec. 103(b), inserted reference 
to subsection (w) of this section.
    Subsec. (b)(1). Pub. L. 92-603, Sec. 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, Secs. 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, Sec. 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, Sec. 109(a), added subpar. (D).
    Subsec. (d)(8). Pub. L. 92-603, Sec. 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, Sec. 113(b), added par. (9). Former 
par. (9) incorporated, as amended, into par. (8).
    Subsec. (e)(1). Pub. L. 92-603, Secs. 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 ``82\1/2\ 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) of this section 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, Sec. 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 ``82\1/2\ percent of 
the primary amount''.
    Subsec. (e)(6). Pub. L. 92-603, Secs. 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, Secs. 102(b)(1), 107(a)(1), (2), 
substituted ``age 60'' for ``age 62'' in subpar. (B), substituted ``the 
primary insurance amount'' for ``82\1/2\ 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) of this section 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, Sec. 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 ``82\1/2\ percent of 
the primary amount''.
    Subsec. (f)(5). Pub. L. 92-603, Sec. 107(a)(3), substituted ``the 
age of 60'' for ``the age of 62''.
    Subsec. (f)(6). Pub. L. 92-603, Sec. 107(a)(1), substituted ``age 
60'' for ``age 62''.
    Subsec. (f)(7). Pub. L. 92-603, Sec. 116(c), substituted ``five'', 
``seventeenth'', and ``fifth'' for ``six'', ``eighteenth'', and 
``sixth'', respectively.
    Subsec. (g)(1)(F). Pub. L. 92-603, Sec. 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, Sec. 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, Sec. 102(d), inserted reference 
to subsection (e)(2) or (f)(3) of this section.
    Subsec. (m). Pub. L. 92-603, Sec. 102(f), amended subsec. (m) 
generally to increase the minimums on survivor's benefits.
    Subsec. (q)(1). Pub. L. 92-603, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 103(a), added subsec. (w).
    1971--Subsec. (i)(3). Pub. L. 92-223, Sec. 1(a), added cl. (3).
    Subsec. (i)(4). Pub. L. 92-223, Sec. 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, Sec. 1004(a), removed $105 
ceiling on insurance benefits of wives.
    Subsec. (c)(3). Pub. L. 91-172, Sec. 1004(b), removed $105 ceiling 
on insurance benefits of husbands.
    Subsec. (e)(4). Pub. L. 91-172, Sec. 1004(c), removed $105 ceiling 
on insurance benefits of widows.
    Subsec. (f)(5). Pub. L. 91-172, Sec. 1004(c), removed $105 ceiling 
on insurance benefits of widowers.
    1968--Subsec. (b)(2). Pub. L. 90-248, Sec. 103(a), provided that a 
wife's insurance benefit may not exceed $105.
    Subsec. (c)(1). Pub. L. 90-248, Sec. 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, Sec. 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, Sec. 103(b), provided that a 
husband's insurance benefit may not exceed $105.
    Subsec. (d)(1)(B). Pub. L. 90-248, Sec. 158(c)(1), substituted 
``section 423(d)'' for ``section 423(c)''.
    Subsec. (d)(3). Pub. L. 90-248, Sec. 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, Sec. 151(b), inserted, ``or 
stepmother'' after ``stepfather'' in two places.
    Subsec. (d)(5) to (8). Pub. L. 90-248, Sec. 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, Secs. 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, Sec. 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, Sec. 151(c), redesignated former 
par. (10) as (9).
    Subsec. (e)(1). Pub. L. 90-248, Sec. 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, Sec. 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, Sec. 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, Sec. 104(a)(2), added subpar. 
(G).
    Subsec. (e)(4). Pub. L. 90-248, Sec. 103(c), provided that a 
remarried widow's insurance benefit may not exceed $105.
    Subsec. (e)(5), (6). Pub. L. 90-248, Sec. 104(a)(3), added pars. (5) 
and (6).
    Subsec. (f)(1). Pub. L. 90-248, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 104(b)(2), added subpar. 
(G).
    Subsec. (f)(2). Pub. L. 90-248, Sec. 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, Sec. 104(b)(3), inserted reference 
to subsec. (q).
    Subsec. (f)(5). Pub. L. 90-248, Sec. 103(d), provided that a 
remarried widower's insurance benefit may not exceed $105.
    Subsec. (f)(6), (7). Pub. L. 90-248, Sec. 104(b)(4), added pars. (6) 
and (7).
    Subsec. (q). Pub. L. 90-248, Sec. 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, Sec. 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, Sec. 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, Sec. 104(c)(6), substituted 
``widow's, or widower's'' for ``or widow's'' wherever appearing.
    Subsec. (q)(3)(D). Pub. L. 90-248, Sec. 104(c)(7), substituted 
``widow's, or widower's'' for ``or widow's''.
    Subsec. (q)(3)(E). Pub. L. 90-248, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 104(c)(13), inserted reference 
to widowers.
    Subsec. (s). Pub. L. 90-248, Sec. 158(c)(2), substituted ``section 
423(d)'' for ``section 423(c)'' in pars. (1) to (3).
    Subsec. (s)(2), (3). Pub. L. 90-248, Sec. 151(d)(2), substituted 
``(d)(5)'' for ``(d)(6)'' in pars. (2), (3).
    Subsec. (t)(1). Pub. L. 90-248, Sec. 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, Sec. 162(b)(1), provided for 
exception to application of subpars. (A) and (B) of par. (4).
    Subsec. (t)(6). Pub. L. 90-248, Sec. 162(c)(2), included reference 
to par. (10).
    Subsec. (t)(10). Pub. L. 90-248, Sec. 162(c)(1), added par. (10).
    1965--Subsec. (b)(1). Pub. L. 89-97, Sec. 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, Sec. 308(a), inserted ``(or, in the 
case of a divorced wife, her former husband)''.
    Subsec. (b)(3). Pub. L. 89-97, Sec. 308(a), added par. (3).
    Subsec. (c)(1). Pub. L. 89-97, Sec. 308(d)(1), substituted 
``divorced'' for ``divorced a vinculo matrimonii'' in provisions 
following subpar. (D).
    Subsec. (c)(2). Pub. L. 89-97, Secs. 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, Secs. 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, Sec. 339(b), inserted ``or section 
416(h)(3)'' after ``section 416(h)(2)(B)''.
    Subsec. (d)(6). Pub. L. 89-97, Sec. 306(c)(3), 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. (d)(6)(A). Pub. L. 89-97, Sec. 308(d)(2)(A), inserted 
reference to subsec. (b) of this section.
    Subsec. (d)(7), (8). Pub. L. 89-97, Sec. 306(b)(3), added pars. (7) 
and (8).
    Subsec. (d)(9), (10). Pub. L. 89-97, Sec. 323(a)(2), added pars. (9) 
and (10).
    Subsec. (e)(1). Pub. L. 89-97, Secs. 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, Secs. 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, Secs. 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, Sec. 333(a)(1), added par. (4). 
Former par. (4) redesignated (3).
    Subsec. (f)(2). Pub. L. 89-97, Secs. 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, Sec. 333(b)(2), substituted ``Except 
as provided in paragraph (5), such'' for ``Such''.
    Subsec. (f)(4). Pub. L. 89-97, Sec. 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, Sec. 308(d)(2)(A), inserted 
reference to subsec. (b) of this section.
    Subsec. (f)(5). Pub. L. 89-97, Sec. 333(b)(1), added par. (5).
    Subsec. (g)(1). Pub. L. 89-97, Secs. 306(c)(7), 308(d) (3)-(5), 
inserted ``(subject to subsection (s) of this section)'' 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, Secs. 306(c)(8), 308(d)(5), (13), 
inserted ``but subject to subsection (s) of this section'' 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, Sec. 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, Sec. 308(d)(13), redesignated former 
par. (4) as (3).
    Subsec. (h)(4). Pub. L. 89-97, Sec. 306(c)(9), 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. (h)(4)(A). Pub. L. 89-97, Sec. 308(d)(2)(A), inserted 
reference to subsec. (b) of this section.
    Subsec. (j)(1). Pub. L. 89-97, Sec. 303(d), inserted ``under this 
subchapter'' after ``any benefit''.
    Subsec. (j)(2). Pub. L. 89-97, Sec. 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, Sec. 333(c)(1), inserted ``(other 
than an individual to whom subsection (e)(4) or (f)(5) of this section 
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, Sec. 333(c)(2), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (k)(4). Pub. L. 89-97, Sec. 304(a), added par. (4).
    Subsec. (p). Pub. L. 89-97, Sec. 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, Sec. 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, Sec. 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, Sec. 304(c), added par. (2) and 
redesignated former par. (2) as (3).
    Subsec. (q)(3)(A). Pub. L. 89-97, Secs. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 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, Secs. 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, Secs. 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, Secs. 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, Sec. 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, Sec. 307(b)(8), added par. (9).
    Subsec. (r)(2). Pub. L. 89-97, Sec. 304(j), inserted ``(but for 
subsection (k)(4) of this section)'' after ``eligible''.
    Subsec. (s). Pub. L. 89-97, Sec. 306(c)(1), added subsec. (s).
    Subsec. (t)(9). Pub. L. 89-97, Sec. 104(a)(1), added par. (9).
    Subsec. (u). Pub. L. 89-97, Sec. 104(a)(2), inserted ``in 
determining whether such individual is entitled to insurance benefits 
under part A of subchapter XVII of this chapter for any such month,''.
    Subsec. (v). Pub. L. 89-97, Sec. 319(d), added subsec. (v).
    1961--Subsec. (a)(2). Pub. L. 87-64, Sec. 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, Sec. 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, Sec. 102(e)(3), substituted ``primary 
insurance amount'' for ``old-age or disability insurance benefit.''
    Subsec. (c)(1). Pub. L. 87-64, Sec. 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, Sec. 102(a), substituted 
``attainment of age 62'' for ``attainment of retirement age''.
    Subsec. (c)(3). Pub. L. 87-64, Sec. 102(e)(6), substituted ``Except 
as provided in subsection (q) of this section, such'' for ``Such''.
    Subsec. (e)(1). Pub. L. 87-64, Secs. 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 
``82\1/2\ percent'' for ``three-fourths'' in subpar. (D) and in closing 
provisions.
    Subsec. (e)(2). Pub. L. 87-64, Sec. 104(a), substituted ``82\1/2\ 
percent'' for ``three-fourths''.
    Subsec. (f)(1). Pub. L. 87-64, Secs. 102(a), 104(d)(1), substituted 
``has attained age 62'' for ``has attained retirement age'' in subpar. 
(B), and ``82\1/2\ percent'' for ``three-fourths'' in subpar. (E) and in 
closing provisions.
    Subsec. (f)(2)(A). Pub. L. 87-64, Sec. 102(a), substituted 
``attainment of age 62'' for ``attainment of retirement age''.
    Subsec. (f)(3). Pub. L. 87-64, Sec. 104(b), substituted ``82\1/2\ 
percent'' for ``three-fourths''.
    Subsec. (h)(1). Pub. L. 87-64, Secs. 102(a), 104(d)(2), substituted 
``has attained age 62'' for ``has attained retirement age'' in subpar. 
(A), and ``82\1/2\ 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, Sec. 104(c), designated existing 
provisions as subpar. (A), increased the benefit from three-fourths to 
82\1/2\ percent of the primary insurance amount, and added subpars. (B) 
and (C).
    Subsec. (j). Pub. L. 87-64, Sec. 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, Sec. 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, Sec. 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, Sec. 102(b)(2)(A), repealed subsec. (s) 
which related to female disability insurance beneficiaries.
    1960--Subsec. (d)(1). Pub. L. 86-778, Secs. 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, Sec. 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, Secs. 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, Sec. 205(a), struck out ``after 
1939'' after ``died a fully insured individual'' in opening clause.
    Subsec. (f)(1). Pub. L. 86-778, Sec. 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, Sec. 205(a), struck out 
``after 1939'' after ``died a fully or currently insured individual'' in 
opening clause.
    Subsec. (i). Pub. L. 86-778, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 301(a)(1), added par. (2) 
and redesignated former par. (2) as (3).
    Subsec. (d)(1). Pub. L. 85-840, Sec. 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, Sec. 306(a), struck out ``who 
has not attained the age of eighteen'' after ``A child'' wherever 
appearing.
    Subsec. (d)(6). Pub. L. 85-840, Sec. 307(a), added par. (6), and 
Pub. L. 85-840, Sec. 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, Sec. 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, Sec. 307(b), added par. (4).
    Subsec. (f)(1)(D). Pub. L. 85-840, Sec. 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, Sec. 301(c)(1), added par. (2) 
and redesignated former par. (2) as (3).
    Subsec. (f)(4). Pub. L. 85-840, Sec. 307(c), added par. (4).
    Subsec. (g)(1)(F). Pub. L. 85-840, Sec. 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, Sec. 303(a), added par. (3). Another 
par. (3), which was added by Pub. L. 85-798, was repealed by Pub. L. 85-
840, Sec. 303(b), effective with respect to benefits payable for any 
month following August 1958.
    Subsec. (g)(4). Pub. L. 85-840, Sec. 307(d), added par. (4).
    Subsec. (h)(1). Pub. L. 85-840, Sec. 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, Sec. 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, Sec. 307(e), added par. (4).
    Subsec. (i). Pub. L. 85-840, Sec. 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, Sec. 205(h), substituted ``old-age or 
disability insurance'' for ``old-age insurance'' wherever appearing.
    Subsec. (m). Pub. L. 85-840, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1, added subpar. (D).
    1956--Subsec. (a). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(1), 
inserted ``Except as provided in subsection (q) of this section''.
    Subsec. (a)(3). Act Aug. 1, 1956, ch. 836, Sec. 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, Sec. 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, Sec. 102(d)(4), inserted 
``Except as provided in subsection (q) of this section''.
    Subsec. (c)(1). Act. Aug. 1, 1956, ch. 836, Sec. 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, Sec. 102(d)(7), 
substituted ``primary insurance amount'' for ``old-age insurance 
benefit''.
    Subsec. (d)(1). Act Aug. 1, 1956, ch. 836, Sec. 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, Sec. 102(d)(7), 
substituted ``primary insurance amount'' for ``old-age insurance 
benefit''.
    Subsec. (d)(3) to (5). Act Aug. 1, 1956, ch. 836, Sec. 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, Sec. 101(b)(2), added 
par. (6).
    Subsec. (e)(3). Act Aug. 1, 1956, ch. 836, Sec. 113, added par. (3).
    Subsec. (h)(1). Act Aug. 1, 1956, ch. 836, Sec. 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, Sec. 403(a), substituted 
``January 1, 1957'' for ``April 1956'', and inserted provisions 
authorizing payment of lump-sum death payment in the case of any 
individual who died outside the United States and the District of 
Columbia after December 1956 while performing service, as a member of a 
uniformed service, to which the provisions of section 410(m)(1) of this 
title are applicable.
    Subsec. (j)(3). Act Aug. 1, 1956, ch. 836, Sec. 102(d)(8), added 
par. (3).
    Subsec. (k)(2)(B). Act Aug. 1, 1956, ch. 836, Sec. 103(c)(2), 
inserted reference to section 423 of this title.
    Subsec. (k)(3). Act Aug. 1, 1956, ch. 836, Sec. 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, Sec. 102(d)(10), inserted 
references to subsection (q) of this section.
    Subsec. (n)(1)(A). Act Aug. 1, 1956, ch. 836, Sec. 103(c)(3), 
inserted reference to section 423 of this title.
    Subsec. (o). Act Aug. 1, 1956, ch. 837, Sec. 407, added subsec. (o).
    Subsec. (p). Act Aug. 1, 1956, ch. 836, Sec. 114(a), added subsec. 
(p).
    Subsecs. (q) to (s). Act Aug. 1, 1956, ch. 836, Sec. 102(c), added 
subsecs. (q) to (s).
    Subsecs. (t), (u). Act Aug. 1, 1956, ch. 836, Secs. 118(a), 121(a), 
added subsecs. (t) and (u), respectively.
    1955--Subsec. (i). Act Aug. 9, 1955, made subsection applicable to 
cases of deaths occurring before April 1956.
    1954--Subsec. (e)(1)(C). Act Sept. 1, 1954, Sec. 110(a), provided 
that applications for widow's insurance benefits would not be required 
if the widow was entitled to a mother's insurance benefit in the month 
prior to the month in which she attained retirement age.
    Subsec. (g)(1)(D). Act Sept. 1, 1954, Sec. 110(b), provided that 
applications for mother's insurance benefits would not be required if 
the widow was entitled to a wife's insurance benefit for the month 
preceding the month in which the insured individual died.
    Subsec. (i). Act Sept. 1, 1954, Secs. 102(i)(2), 110(c), inserted 
``, or an amount equal to $255, whichever is the smaller'' after 
``primary insurance amount.'', and provided that an application for a 
lump-sum death payment would not be required from an individual who was 
entitled to wife's or husband's insurance benefits for the month 
preceding the month in which the insured individual died.
    Subsec. (j)(1). Act Sept. 1, 1954, Sec. 105(a), substituted 
``twelfth'' for ``sixth''.
    Subsecs. (m), (n). Act Sept. 1, 1954, Secs. 102(i)(1), 107, added 
subsecs. (m) and (n), respectively.
    1953--Subsec. (i). Act Aug. 14, 1953, made subsec. (i) applicable to 
cases of deaths occurring before July 1955.
    1950--Subsec. (a). Act Aug. 28, 1950, changed the name of the 
benefit provided by this subsection from ``primary insurance benefit'' 
to ``old-age insurance benefit'', and continued the conditions under 
which an individual becomes entitled to the benefits.
    Subsec. (b). Act Aug. 28, 1950, continued the conditions required 
for the wife to be entitled to benefits.
    Subsec. (c). Act Aug. 28, 1950, provided benefits for the dependent 
husband of a female old-age insurance beneficiary who was currently 
insured at the time of her entitlement to the old-age insurance benefit.
    Subsec. (d). Act Aug. 28, 1950, increased the total amount of the 
family benefits in a survivor family in which there is at least one 
entitled child by one-fourth of the worker's old-age benefit and 
restates the circumstances under which a child is deemed dependent upon 
an individual.
    Subsec. (e). Act Aug. 28, 1950, permitted a wife entitled to wife's 
insurance benefits to become entitled to widow's insurance benefits upon 
the husband's death without filing a new application.
    Subsec. (f). Act Aug. 28, 1950, provided benefits for the dependent 
widower of a woman who is fully and currently insured at the time of her 
death.
    Subsec. (g). Act Aug. 28, 1950, changed title of widow's current 
insurance benefits to mother's insurance benefits and provided for 
payment of such benefits to the divorced wife of a deceased insured 
worker if she had been receiving at least half her support from the 
worker, and if she is caring for her son, daughter, or legally adopted 
child who is receiving benefits on the worker's wage record.
    Subsec. (h). Act Aug. 28, 1950, changed the requirement that a 
parent must have been chiefly dependent upon and supported by the wage 
earner to the requirement that the parent only need have been receiving 
one-half his support in order for the parent to be found a dependent.
    Subsec. (i). Act Aug. 28, 1950, limited the amount of the lump-sum 
death payment to three times the worker's primary insurance amount 
instead of six times the amount.
    Subsec. (j). Act Aug. 28, 1950, increased from 3 to 6 the number of 
months for which benefits may be paid retroactively to individuals who 
failed to file their applications as soon as they were otherwise 
eligible.
    Subsecs. (k), (l). Act Aug. 28, 1950, added subsecs. (k) and (l).
    1946--Subsec. (c). Act Aug. 10, 1946, Sec. 402, changed par. (1) to 
prevent termination of benefits on adoption by a stepparent, 
grandparent, aunt or uncle and changed par. (3)(C) to omit qualification 
as to the time of such individual's death and to require the child to be 
chiefly supported by the stepfather.
    Subsec. (f)(1). Act Aug. 10, 1946, Sec. 403(a), provided that 
benefit payments to parents are prevented only if the individual leaves 
a widow or child who could become entitled to benefits and required 
parents to be chiefly instead of wholly dependent.
    Subsec. (g). Act Aug. 10, 1946, Sec. 404(a), required that a widow 
or widower must have been living with deceased at time of death to be 
entitled to a lump sum payment and provided that if there was no such 
spouse, the payment will be made to the person or persons equitably 
entitled thereto in the proportion and to the extent that he or they 
have paid the burial expenses.
    Subsec. (h). Act Aug. 10, 1946, Sec. 405(a), extended provision for 
payment of benefits retroactively for three months to the primary 
beneficiary and provided that retroactive benefits shall be reduced so 
as not to render erroneous any benefit previously paid.
    1939--Act Aug. 10, 1939, amended section generally.

                         Change of Name

    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.


                    Effective Date of 1999 Amendments

    Pub. L. 106-170, title IV, Sec. 402(a)(4), Dec. 17, 1999, 113 Stat. 
1908, provided that: ``The amendments made by this subsection [amending 
this section, section 1382 of this title, and section 552a of Title 5, 
Government Organization and Employees] shall apply to individuals whose 
period of confinement in an institution commences on or after the first 
day of the fourth month beginning after the month in which this Act is 
enacted [Dec. 1999].''
    Pub. L. 106-170, title IV, Sec. 402(b)(2), Dec. 17, 1999, 113 Stat. 
1908, provided that: ``The amendments made by this subsection [amending 
this section] shall apply to individuals whose period of confinement in 
an institution commences on or after the first day of the fourth month 
beginning after the month in which this Act is enacted [Dec. 1999].''
    Pub. L. 106-170, title IV, Sec. 402(d)(3), Dec. 17, 1999, 113 Stat. 
1909, provided that: ``The amendments made by this subsection [amending 
this section] shall apply with respect to benefits for months ending 
after the date of the enactment of this Act [Dec. 17, 1999].''
    Pub. L. 106-169, title II, Sec. 207(e), Dec. 14, 1999, 113 Stat. 
1839, provided that: ``The amendments made by this section [enacting 
section 1320a-8a of this title, amending this section and section 1382 
of this title, and enacting provisions set out as a note under section 
1320a-8a of this title] shall apply to statements and representations 
made on or after the date of the enactment of this Act [Dec. 14, 
1999].''


                    Effective Date of 1996 Amendments

    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 Sept. 30, 1996, see section 309 of 
Pub. L. 104-208, set out as a note under section 1101 of Title 8, Aliens 
and Nationality.
    Section 503(b) of div. C of Pub. L. 104-208 provided that: ``The 
amendment made by subsection (a) [amending this section] shall apply 
with respect to benefits for which applications are filed on or after 
the first day of the first month that begins at least 60 days after the 
date of the enactment of this Act [Sept. 30, 1996].''
    Section 104(a)(2) of Pub. L. 104-121 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply with respect 
to benefits of individuals who become entitled to such benefits for 
months after the third month following the month in which this Act is 
enacted [March 1996].''
    Section 104(b)(3) of Pub. L. 104-121 provided that:
    ``(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 [Mar. 29, 
1996].''


                    Effective Date of 1994 Amendments

    Section 4(b) of Pub. L. 103-387 provided that: ``The amendments made 
by this section [amending this section] shall apply with respect to 
benefits for months commencing after 90 days after the date of the 
enactment of this Act [Oct. 22, 1994].''
    Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar. 31, 
1995, see section 110(a) of Pub. L. 103-296, set out as a note under 
section 401 of this title.
    Section 308(c) of Pub. L. 103-296 provided that: ``The amendments 
made by this section [amending this section and section 415 of this 
title] shall apply (notwithstanding section 215(f) of the Social 
Security Act [section 415(f) of this title]) with respect to benefits 
payable for months after December 1994.''
    Section 321(b)(1) of Pub. L. 103-296 provided that the amendment 
made by that section is effective as if included in section 603(b)(5)(A) 
of Pub. L. 101-649.


                    Effective Date of 1990 Amendments

    Amendment by Pub. L. 101-649 not applicable to deportation 
proceedings for which notice has been provided to the alien before Mar. 
1, 1991, see section 602(d) of Pub. L. 101-649, set out as a note under 
section 1227 of Title 8, Aliens and Nationality.
    Section 5103(e) of Pub. L. 101-508 provided that:
    ``(1) In general.--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 January 1, 1991, or are pending on such date. The amendments 
made by subsection (c)(1) [amending section 1383c of this title] shall 
apply with respect to medical assistance provided after December 1990. 
The amendments made by subsection (c)(2)(C) [amending section 426 of 
this title] shall apply with respect to items and services furnished 
after December 1990.
    ``(2) Application requirements for certain individuals on benefit 
rolls.--In the case of any individual who--
        ``(A) is entitled to disability insurance benefits under section 
    223 of the Social Security Act [section 423 of this title] for 
    December 1990 or is eligible for supplemental security income 
    benefits under title XVI of such Act [subchapter XVI of this 
    chapter], or State supplementary payments of the type referred to in 
    section 1616(a) of such Act [section 1382e(a) of this title] (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 [subsec. (e) or (f) of this section], 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 [Nov. 5, 1990]), and would have been so 
    entitled for such month on the basis of such application if the 
    amendments made by this section had been applied with respect to 
    such application,
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.''
    Section 5116(b) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
applications for benefits filed on or after January 1, 1991.''


                    Effective Date of 1989 Amendment

    Section 10203(b) of Pub. L. 101-239 provided that: ``The amendments 
made by this section [amending this section] shall apply--
        ``(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 
    [subsec. (q)(3)(E) of this section] (as in effect before the 
    amendments made by this section), only if such individual attains 
    age 62 on or after January 1, 1990, and
        ``(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.''
    Section 10301(c) of Pub. L. 101-239 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
benefits payable for months after December 1989, but only on the basis 
of applications filed on or after January 1, 1990.''
    Section 10302(a)(2) of Pub. L. 101-239 provided that: ``The 
amendment made by paragraph (1) [amending this section] shall apply with 
respect to misinformation furnished after December 1982 and to benefits 
for months after December 1982.''


                    Effective Date of 1988 Amendment

    Section 8004(c) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section] shall apply only in the 
case of deportations occurring, and final orders of deportation issued, 
on or after the date of enactment of this Act [Nov. 10, 1988], and only 
to benefits for months beginning (and deaths occurring) on or after such 
date.''
    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.
    Section 8010(c) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section] shall apply to benefits 
payable under section 202(e) or section 202(f) of the Social Security 
Act [subsec. (e) or (f) of this section] on the basis of the wages and 
self-employment income of an individual who dies after the month in 
which this Act is enacted [Nov. 10, 1988].''
    Section 8014(c) of Pub. L. 100-647 provided that: ``The preceding 
provisions of this section (including the amendments made by subsection 
(a)) [amending this section and enacting provisions set out below] shall 
apply as if they had been included or reflected in the provisions of 
section 9007 of the Omnibus Budget Reconciliation Act of 1987 (101 Stat. 
1330-289) [Pub. L. 100-203, amending this section and enacting 
provisions set out below] at the time of its enactment [Dec. 22, 
1987].''


                    Effective Date of 1987 Amendment

    Section 9007(f) of Pub. L. 100-203 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to benefits for months after December 1987; except that nothing 
in such amendments shall affect any exemption (from the application of 
the pension offset provisions contained in subsection (b)(4), (c)(2), 
(e)(7), (f)(2), or (g)(4) of section 202 of the Social Security Act 
[this section]) which any individual may have by reason of subsection 
(g) or (h) of section 334 of the Social Security Amendments of 1977 
[section 334(g), (h) of Pub. L. 95-216, set out as notes below].''
    Section 9010(f) of Pub. L. 100-203 provided that: ``The amendments 
made by this section [amending this section and sections 416, 423, and 
426 of this title] shall take effect January 1, 1988, and shall apply 
with respect to--
        ``(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 [this section] or subsection (a)(1) of section 223 of 
    such Act [section 423 of this title] 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 January 1, 1988.''


                    Effective Date of 1986 Amendments

    Section 1883(f) of Pub. L. 99-514 provided that: ``Except as 
otherwise provided in this section, the amendments made by this section 
[amending this section and sections 410, 411, 415, 418, 421, 423, 602, 
657, 658, 664, 674, 1301, 1320b-6, 1382a, 1383, and 1397b of this title 
and sections 1402 and 3121 of Title 26, Internal Revenue Code, repealing 
section 1397f of this title, enacting provisions set out as notes under 
sections 602 and 678 of this title, and amending provisions set out as a 
note under section 410 of this title] shall take effect on the date of 
the enactment of this Act [Oct. 22, 1986].''
    Section 12104(b) of Pub. L. 99-272 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to benefits for which application is filed after the date of the 
enactment of this Act [Apr. 7, 1986].''
    Section 12107(c) of Pub. L. 99-272 provided that: ``The amendments 
made by this section [amending this section and section 423 of this 
title] are effective December 1, 1980, and shall apply with respect to 
any individual who is under a disability (as defined in section 223(d) 
of the Social Security Act [section 423(d) of this title]) on or after 
that date.''


                    Effective Date of 1984 Amendment

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


                    Effective Date of 1983 Amendments

    Section 111(a)(8) of Pub. L. 98-21 provided that: ``The amendments 
made by this subsection [amending this section and sections 403, 415, 
and 430 of this title] shall apply with respect to cost-of-living 
increases determined under section 215(i) of the Social Security Act 
[section 415(i) of this title] for years after 1982.''
    Section 114(c)(2) of Pub. L. 98-21 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall apply with respect 
to increment months in calendar years after 1983.''
    Section 131(d) of Pub. L. 98-21 provided that:
    ``(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 [this 
subchapter] 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.''
    Section 132(c)(1) of Pub. L. 98-21 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to monthly insurance benefits for months after December 1984, but only 
on the basis of applications filed on or after January 1, 1985.''
    Section 133(c) of Pub. L. 98-21 provided that: ``The amendments made 
by this section [amending this section] shall apply with respect to 
monthly insurance benefits for months after December 1984 for 
individuals who first meet all criteria for entitlement to benefits 
under section 202(e) or (f) of the Social Security Act [subsec. (e) or 
(f) of this section] (other than making application for such benefits) 
after December 1984.''
    Section 134(c) of Pub. L. 98-21 provided that: ``The amendments made 
by this section [amending this section] shall apply with respect to 
benefits for months after December 1983.''
    Section 301(a)(5) of Pub. L. 98-21, as amended by Pub. L. 98-369, 
div. B, title VI, Sec. 2662(d), July 18, 1984, 98 Stat. 1159, provided 
that the amendment made by that section is effective with respect to 
monthly insurance benefits for months after December 1984 (but only on 
the basis of applications filed on or after January 1, 1985).
    Section 307(b) of Pub. L. 98-21 provided that: ``The amendments made 
by subsection (a) [amending this section] shall apply with respect to 
benefits under title II of the Social Security Act [this subchapter] for 
months after the month in which this Act is enacted [April 1983], but 
only in cases in which the `last month' referred to in the provision 
amended is a month after the month in which this Act is enacted.''
    Section 310 of title III of Pub. L. 98-21 provided that:
    ``(a) Except as otherwise specifically provided in this title, the 
amendments made by this part [part A (Secs. 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 
[this subchapter] 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.''
    Section 334(b) of Pub. L. 98-21 provided that: ``The amendments made 
by subsection (a) [amending this section] shall apply with respect to 
survivors whose applications for monthly benefits are filed after the 
second month following the month in which this Act is enacted [April 
1983].''
    Section 337(b) of Pub. L. 98-21, as amended by Pub. L. 98-617, 
Sec. 2(a)(1), Nov. 8, 1984, 98 Stat. 3294, provided that: ``The 
amendments made by subsection (a) of this section [amending this 
section] shall apply only with respect to monthly insurance benefits 
payable under title II of the Social Security Act [this subchapter] for 
months after June 1983.''
    [Section 2(a)(2) of Pub. L. 98-617 provided that: ``The amendments 
made by this subsection [amending section 337(b) of Pub. L. 98-21, set 
out above] shall apply to benefits payable under title II of the Social 
Security Act [this subchapter] for months beginning after the month of 
enactment of this Act [November 1984].'']
    Section 339(c) of Pub. L. 98-21 provided that: ``The amendments made 
by subsections (a) and (b) [amending this section and section 423 of 
this title] shall apply with respect to monthly benefits payable for 
months beginning on or after the date of enactment of this Act [Apr. 20, 
1983].''
    Section 340(c) of Pub. L. 98-21 provided that: ``The amendments made 
by this section [amending this section] shall apply with respect to any 
individual who initially becomes eligible for benefits under section 202 
or 223 [this section or section 423 of this title] after December 31, 
1984.''
    Section 7(d) of Pub. L. 97-455 provided that: ``The amendments made 
by subsections (a) [enacting and amending provisions set out as notes 
under this section] and (c) [amending this section] of this section 
shall be effective with respect to monthly insurance benefits for months 
after November 1982.''


                    Effective Date of 1981 Amendments

    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.
    Section 2202(b) of Pub. L. 97-35 provided that: ``The amendments 
made by subsection (a) [amending this section and section 416 of this 
title] shall apply only with respect to deaths occurring after August 
1981.''
    Section 2203(f)(1), (2) of Pub. L. 97-35 provided that:
    ``(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.''
    Section 2205(b) of Pub. L. 97-35 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to wife's and mother's insurance benefits for months after the month in 
which this Act is enacted [August 1981], except that, in the case of an 
individual who is entitled to such a benefit (on the basis of having a 
child in her care) for the month in which this Act is enacted [August 
1981], such amendments shall not take effect until the first day of the 
first month which begins 2 years or more after the date of the enactment 
of this Act [Aug. 13, 1981].''
    Section 2206(c) of Pub. L. 97-35 provided that: ``The amendments 
made by this section [amending this section and sections 403 and 415 of 
this title] shall apply only with respect to initial calculations and 
adjustments of primary insurance amounts and benefit amounts which are 
attributable to periods after August 1981.''
    Section 2210(b) of Pub. L. 97-35 provided that: ``Except as provided 
in subsection (c) [section 2210(c) of Pub. L. 97-35, set out below], the 
amendments made by subsection (a) [amending this section] shall apply to 
child's insurance benefits under section 202(d) of the Social Security 
Act [subsec. (d) of this section] for months after July 1982.''


                    Effective Date of 1980 Amendments

    Section 1011(b) of Pub. L. 96-499 provided that: ``The amendment 
made by subsection (a) [amending this section] shall be effective with 
respect to applications filed on or after the first day of the first 
month which begins 60 days or more after the date of the enactment of 
this Act [Dec. 5, 1980].''
    Section 5(d) of Pub. L. 96-473 provided that: ``The amendments made 
by this section [amending this section and sections 416 and 423 of this 
title] shall be effective with respect to benefits payable for months 
beginning on or after October 1, 1980.''
    Section 303(d) of Pub. L. 96-265 provided that: ``The amendments 
made by this section [amending this section and sections 416, 422, 423, 
1382, and 1382c of this title] shall become effective on the first day 
of the sixth month which begins after the date of the enactment of this 
Act [June 9, 1980], and shall apply with respect to any individual whose 
disability has not been determined to have ceased prior to such first 
day.''
    Section 306(d) of Pub. L. 96-265 provided that: ``The amendments 
made by this section [amending this section and sections 416 and 423 of 
this title] shall apply to applications filed after the month in which 
this Act is enacted [June 1980].''


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section 
703(r) of Pub. L. 95-600, set out as a note under section 46 of Title 
26, Internal Revenue Code.


                    Effective Date of 1977 Amendment

    Section 206 of title II of Pub. L. 95-216 provided that: ``The 
amendments made by the provisions of this title other than sections 
201(d), 204, and 205(a) [amending this section and sections 403, 415, 
417, 424a, and 1395r of this title] shall be effective with respect to 
monthly benefits under title II of the Social Security Act [this 
subchapter] payable for months after December 1978 and with respect to 
lump-sum death payments with respect to deaths occurring after such 
month. The amendments made by section 201(d) [amending section 415 of 
this title] shall be effective with respect to monthly benefits of an 
individual who becomes eligible for an old-age or disability insurance 
benefit, or dies, after December 1977. The amendments made by section 
204 [amending this section and section 403 of this title] shall be 
effective with respect to monthly benefits for months after May 1978. 
The amendment made by section 205(a) [amending this section] shall be 
effective with respect to monthly benefits payable for months after 
December 1978 based on the wages and self-employment income of 
individuals who die after December 1978.''
    Section 331(d) of Pub. L. 95-216 provided that: ``The amendments 
made by this section [amending this section] shall be effective with 
respect to monthly benefits payable for months after December 1977.''
    Section 332(b) of Pub. L. 95-216 provided that: ``The amendments 
made by subsection (a) [amending this section and section 426 of this 
title] shall be effective with respect to monthly insurance benefits 
under title II of the Social Security Act [this subchapter] to which an 
individual becomes entitled on the basis of an application filed on or 
after January 1, 1978.''
    Section 334(f) of Pub. L. 95-216 as amended by section 7(a)(2) of 
Pub. L. 97-455, provided that: ``Subject to subsections (g) and (h) 
[section 334(g) and (h) of Pub. L. 95-216, set out as notes below], the 
amendments made by this section [amending this section and section 426 
of this title and enacting provisions set out as notes under this 
section] shall apply with respect to monthly insurance benefits payable 
under title II of the Social Security Act [this subchapter] for months 
beginning with the month in which this Act is enacted [December 1977], 
on the basis of applications filed in or after the month in which this 
Act is enacted.''
    Section 336(c)(1) of Pub. L. 95-216 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to monthly benefits payable under title II of the Social 
Security Act [this subchapter] for months after December 1978, and, in 
the case of individuals who are not entitled to benefits of the type 
involved for December 1978, only on the basis of applications filed on 
or after January 1, 1979.''
    Section 337(c) of Pub. L. 95-216 provided that: ``The amendments 
made by this section [amending this section and section 416 of this 
title] shall apply with respect to monthly benefits payable under title 
II of the Social Security Act [this subchapter] for months after 
December 1978, and, in the case of individuals who are not entitled to 
benefits of the type involved for December 1978, only on the basis of 
applications filed on or after January 1, 1979.''
    Section 353(f)(1) of Pub. L. 95-216 provided that the amendment made 
by that section is effective with respect to convictions after Dec. 31, 
1977.


                    Effective Date of 1974 Amendment

    Section 603 of Pub. L. 93-445 provided that: ``The provision of 
title II of this Act [set out as a note under section 231 of Title 45, 
Railroads] and the amendments made by title III and title IV of this Act 
[amending this section and sections 405, 410, 416, 426, 1395s, 1395u, 
1395v, 1395gg, and 1395kk of this title and sections 352, 354, 360, 361, 
and 362 of Title 45] shall become effective on January 1, 1975.''


                    Effective Date of 1973 Amendment

    Section 240(b) of Pub. L. 93-66 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
monthly benefits payable under title II of the Social Security Act [this 
subchapter] for months after the month in which this Act is enacted 
[July 1973] on the basis of applications for such benefits filed in or 
after the month in which this Act is enacted.''


                    Effective Date of 1972 Amendment

    Section 102(i) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and section 403 of this 
title and enacting provisions set out as notes under this section] shall 
apply with respect to monthly benefits under title II of the Social 
Security Act [this subchapter] for months after December 1972.''
    Section 103(d) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and section 403 of this 
title] shall be applicable with respect to old-age insurance benefits 
payable under title II of the Social Security Act [this subchapter] for 
months beginning after 1972.''
    Section 107(c) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and sections 403, 422, and 
425 of this title] shall apply with respect to monthly benefits under 
title II of the Social Security Act [this subchapter] for months after 
December 1972, except that in the case of an individual who was not 
entitled to a monthly benefit under title II of such Act for December 
1972 such amendments shall apply only on the basis of an application 
filed in or after the month in which this Act is enacted [October 
1972].''
    Section 108(f) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to monthly benefits under section 202 of the Social Security Act 
[this section] for months after December 1972 except that in the case of 
an individual who was not entitled to a monthly benefit under such 
section 202 for December 1972 such amendments shall apply only on the 
basis of an application filed after September 30, 1972.''
    Section 109(b) of Pub. L. 92-603 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only with respect 
to benefits payable under title II of the Social Security Act [this 
subchapter] for months after December 1972.''
    Section 110(b) of Pub. L. 92-603 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only with respect 
to monthly benefits under title II of the Social Security Act [this 
subchapter] for months after December 1972.''
    Section 111(b) of Pub. L. 92-603 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
monthly benefits payable under title II of the Social Security Act [this 
subchapter] for months after December 1967 on the basis of an 
application filed in or after the month in which this Act is enacted 
[October 1972], except that such amendments shall not apply with respect 
to benefits for any month before the month in which this Act is enacted 
unless such application is filed before the close of the sixth month 
after the month in which this Act is enacted.''
    Section 112(b) of Pub. L. 92-603 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only with respect 
to monthly benefits under title II of the Social Security Act [this 
subchapter] for months beginning with the month in which this Act is 
enacted [October 1972].''
    Section 113(c) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and section 416 of this 
title] shall apply with respect to monthly benefits payable under title 
II of the Social Security Act [this subchapter] for months after 
December 1972, but only on the basis of applications filed on or after 
the date of the enactment of this Act [Oct. 30, 1972].''
    Section 114(d) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to benefits payable under title II of the Social Security Act 
[this subchapter] for months after December 1972 on the basis of 
applications filed on or after the date of enactment of this Act [Oct. 
30, 1972].''
    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.


                    Effective Date of 1971 Amendment

    Section 2 of Pub. L. 92-223 provided that: ``The amendments made by 
the first section of this Act [amending this section] shall be effective 
only in the case of lump-sum death payments under title II of the Social 
Security Act [this subchapter] made with respect to deaths which occur 
after December 31, 1970.''


                    Effective Date of 1969 Amendment

    Section 1004(d) of Pub. L. 91-172 provided that: ``The amendments 
made by subsections (a), (b), and (c) [amending this section] shall 
apply with respect to monthly benefits under title II of the Social 
Security Act [this subchapter] for months after December 1969.''


                    Effective Date of 1968 Amendment

    Section 103(e) of Pub. L. 90-248 provided that: ``The amendments 
made by subsections (a), (b), (c), and (d) [amending this section] shall 
apply with respect to monthly benefits under title II of the Social 
Security Act [this subchapter] for months after January 1968.''
    Section 104(e) of Pub. L. 90-248 provided that: ``The amendments 
made by this section [amending this section and sections 403, 416, 422, 
and 425 of this title] shall apply with respect to monthly benefits 
under title II of the Social Security Act [this subchapter] for and 
after the month of February 1968, but only on the basis of applications 
for such benefits filed in or after the month in which this Act is 
enacted [January 1968].''
    Section 112(b) of Pub. L. 90-248 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to monthly benefits payable under title II of the Social Security Act 
[this subchapter] for months after January 1968, but only on the basis 
of applications filed after the date of enactment of this Act [Jan. 2, 
1968].''
    Section 151(e) of Pub. L. 90-248 provided that: ``The amendments 
made by this section [amending this section and section 228e of Title 
45, Railroads] shall apply with respect to monthly benefits payable 
under title II of the Social Security Act [this subchapter] (and 
annuities accruing under the Railroad Retirement Act of 1937 [section 
228a et seq. of Title 45]) for months after January 1968, but only on 
the basis of applications filed in or after the month in which this Act 
is enacted [January 1968].''
    Section 157(d) of Pub. L. 90-248 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
monthly benefits payable under title II of the Social Security Act [this 
subchapter] for months after January 1968, but only on the basis of 
applications filed in or after the month in which this Act is enacted 
[January 1968].''
    Amendment by section 158(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.
    Section 162(a)(2) of Pub. L. 90-248 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply only with 
respect to six-month periods (within the meaning of section 202(t)(1)(A) 
of the Social Security Act [subsec. (t)(1)(A) of this section]) which 
begin after the date of the enactment of this Act [Jan. 2, 1968].''
    Section 162(b)(2) of Pub. L. 90-248 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply only with 
respect to monthly benefits under title II of the Social Security Act 
[this subchapter] for months beginning after June 30, 1968.''


                    Effective Date of 1965 Amendment

    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.
    Section 304(o) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and sections 415, 416, and 423 of 
this title] shall apply with respect to monthly insurance benefits under 
title II of the Social Security Act [this subchapter] for and after the 
second month following the month [July 1965] in which this Act is 
enacted, but only on the basis of applications filed in or after the 
month in which this Act is enacted.''
    Section 306(d) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and sections 403, 416, 422, and 
425 of this title] shall apply with respect to monthly insurance 
benefits under section 202 of the Social Security Act [this section] for 
months after December 1964; except that--
        ``(1) in the case of an individual who was not entitled to a 
    child's insurance benefit under subsection (d) of such section 
    [subsec. (d) of this section] 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 [subsec. (d)(1)(B)(ii) of this section] as 
    amended by this section.''
    Section 307(c) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section] shall apply with respect to 
monthly insurance benefits under section 202 of the Social Security Act 
[this section] for and after the second month following the month [July 
1965] in which this Act is enacted, but only on the basis of 
applications filed in or after the month in which this Act is enacted.''
    Section 308(e) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and sections 403, 405, 416, and 
422 of this title] shall be applicable with respect to monthly insurance 
benefits under title II of the Social Security Act [this subchapter] 
beginning with the second month following the month in which this Act is 
enacted [July 1965]; but, in the case of an individual who was not 
entitled to a monthly insurance benefit under section 202 of such Act 
[this section] for the first month following the month in which this Act 
is enacted [July 1965], only on the basis of an application filed in or 
after the month in which this Act is enacted.''
    Amendment by section 319(d) of Pub. L. 89-97 applicable with respect 
to taxable years beginning after December 31, 1950, see section 319(e) 
of Pub. L. 89-97, set out as a note under section 1402 of Title 26.
    Section 323(b) of Pub. L. 89-97 provided that: ``The amendments made 
by subsection (a) of this section [amending this section] shall be 
applicable to persons who file applications, or on whose behalf 
applications are filed, for benefits under section 202(d) of the Social 
Security Act [subsec. (d) of this section] on or after the date this 
section is enacted [July 30, 1965]. The time limit provided by section 
202(d)(10)(B) of such Act [subsec. (d)(10)(B) of this section] as 
amended by this section for legally adopting a child shall not apply in 
the case of any child who is adopted before the end of the 12-month 
period following the month in which this section is enacted.''
    Section 324(b) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section] shall be effective with respect 
to (1) applications for lump-sum death payments filed in or after the 
month [July 1965] in which this Act is enacted, and (2) monthly benefits 
based on applications filed in or after such month.''
    Amendment by section 328(a) of Pub. L. 89-97 applicable with respect 
to applications filed on or after July 30, 1965, applications as to 
which the Secretary has not made a final decision before July 30, 1965, 
and, if a civil action with respect to a final decision of the Secretary 
has been commenced under section 405(g) of this title before July 30, 
1965, applications as to which there has been no final judicial decision 
before July 30, 1965, see section 328(d) of Pub. L. 89-97, set out as a 
note under section 416 of this title.
    Section 333(d) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section] shall apply with respect to 
monthly insurance benefits under section 202 of the Social Security Act 
[this section] beginning with the second month following the month in 
which this Act is enacted [July 1965]; but, in the case of an individual 
who was not entitled to a monthly insurance benefit under section 203(e) 
or (f) of such Act [subsec. (e) or (f) of this section] for the first 
month following the month in which this Act is enacted, only on the 
basis of an application filed in or after the month in which this Act is 
enacted.''
    Section 334(g) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and section 416 of this title] 
shall be applicable only with respect to monthly insurance benefits 
under title II of the Social Security Act [this subchapter] beginning 
with the second month following the month in which this Act is enacted 
[July 1965], but only on the basis of applications filed in or after the 
month in which this Act is enacted.''
    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.
    Section 343(b) of Pub. L. 89-97 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only with respect 
to monthly insurance benefits under title II of the Social Security Act 
[this subchapter] for months after the month in which this Act is 
enacted [July 1965]; except that, in the case of an individual who was 
not entitled to child's insurance benefits under section 202(d) of such 
Act [subsec. (d) of this section] for the month in which this Act was 
enacted, such amendment shall apply only on the basis of an application 
filed in or after the month in which this Act is enacted.''


                    Effective Date of 1961 Amendment

    Section 102(f) of title I of Pub. L. 87-64 provided that:
    ``(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 [subsec. (q) of this section], 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 [subsec. 
(q)(6) of this section], 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 [subsec. (q) of this 
section] 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 [subsec. (r) of this section], 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 [this subchapter] 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 [this subchapter].''
    Section 104(e) of title I of Pub. L. 87-64 provided that: ``The 
amendments made by this section [amending this section] shall apply with 
respect to monthly benefits under section 202 of the Social Security Act 
[this section] for months beginning on or after the effective date of 
this title [see Effective Date of 1961 Amendment note set out above].''
    Section 109 of title I of Pub. L. 87-64 provided that: ``Except as 
otherwise provided, the effective date of this title [see Tables for 
classifications] is the first day of the first calendar month which 
begins on or after the 30th day after the date of the enactment of this 
Act [June 30, 1961].''


                    Effective Date of 1960 Amendments

    Section 103(v) of Pub. L. 86-778, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(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 
[Sept. 13, 1960]. The amendments made by subsections (b), (e), and (f) 
[amending sections 403 and 410 of this title] shall apply only with 
respect to service performed after 1960; except that insofar as the 
carrying on of a trade or business (other than performance of service as 
an employee) is concerned, such amendments shall apply only in the case 
of taxable years beginning after 1960. The amendments made by 
subsections (d), (i), (o), and (p) [amending section 410 of this title 
and section 3121 of Title 26, Internal Revenue Code, and amending 
section 418 of this title and section 3121 of Title 26] shall apply only 
with respect to service performed after 1960. The amendments made by 
subsections (h) and (l) [amending section 411 of this title and section 
1402 of Title 26] shall apply only in the case of taxable years 
beginning after 1960. The amendments made by subsections (c), (n), (q), 
and (r) [enacting section 3125 of Title 26 and amending section 410 of 
this title and sections 3121, 6205, and 6413 of Title 26] shall apply 
only with respect to (1) service in the employ of the Government of Guam 
or any political subdivision thereof, or any instrumentality of any one 
or more of the foregoing wholly owned thereby, which is performed after 
1960 and after the calendar quarter in which the Secretary of the 
Treasury receives a certification by the Governor of Guam that 
legislation has been enacted by the Government of Guam expressing its 
desire to have the insurance system established by title II of the 
Social Security Act [this subchapter] extended to the officers and 
employees of such Government and such political subdivisions and 
instrumentalities, and (2) service in the employ of the Government of 
American Samoa or any political subdivision thereof or any 
instrumentality of any one or more of the foregoing wholly owned 
thereby, which is performed after 1960 and after the calendar quarter in 
which the Secretary of the Treasury receives a certification by the 
Governor of American Samoa that the Government of American Samoa desires 
to have the insurance system established by such title II extended to 
the officers and employees of such Government and such political 
subdivisions and instrumentalities. The amendments made by subsections 
(g) and (k) [amending section 411 of this title and section 1402 of 
Title 26] shall apply only in the case of taxable years beginning after 
1960, except that, insofar as they involve the nonapplication of section 
932 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [section 
932 of Title 26] to the Virgin Islands for purposes of chapter 2 of such 
Code and section 211 of the Social Security Act [section 411 of this 
title], such amendments shall be effective in the case of all taxable 
years with respect to which such chapter 2 (and corresponding provisions 
of prior law) and such section 211 [section 411 of this title] are 
applicable. The amendments made by subsections (j), (s), and (t) 
[amending this section and sections 405, 409, 410, 411, 415, 417, and 
418 of this title and sections 7213 and 7701 of Title 26 and repealing 
section 419 of this title] shall take effect on the date of the 
enactment of this Act [Sept. 13, 1960]; and there are authorized to be 
appropriated such sums as may be necessary for the performance by any 
officer or employee of functions delegated to him by the Secretary of 
the Treasury in accordance with the amendment made by such subsection 
(t) [amending section 7701 of Title 26].
    ``(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 [section 419 of this title], 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 [section 419 of this title], 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 [this subchapter], the 
manner or consequences of such extension, or the status of any 
individual with respect to whom the provisions so eliminated are 
applicable.''
    Section 201(c) of Pub. L. 86-778 provided that: ``The amendments 
made by this section [amending this section] shall apply as though this 
Act had been enacted on August 28, 1958, and with respect to monthly 
benefits under section 202 of the Social Security Act [this section] for 
months after August 1958 based on applications for such benefits filed 
on or after August 28, 1958.''
    Section 202(b) of Pub. L. 86-778 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to monthly benefits under section 202 of the Social Security Act [this 
section] for months beginning with the month in which this Act is 
enacted [September 1960], but only if an application for such benefits 
is filed in or after such month.''
    Section 203(b) of Pub. L. 86-778 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply--
        ``(1) in the case of the death of an individual occurring on or 
    after the date of the enactment of this Act [Sept. 13, 1960], and
        ``(2) in the case of the death of an individual occurring prior 
    to such date, but only if no application for a lump-sum death 
    payment under section 202(i) of the Social Security Act [subsec. (i) 
    of this section] is filed on the basis of such individual's wages 
    and self-employment income prior to the third calendar month 
    beginning after such date.''
    Section 205(d) of Pub. L. 86-778 provided that: ``The preceding 
provisions of this section and the amendments made thereby [amending 
this section] shall apply only in the case of monthly benefits under 
title II of the Social Security Act [this subchapter] for months after 
the month in which this Act is enacted [September 1960], on the basis of 
applications filed in or after such month.''
    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 Sept. 13, 1960 with respect to the death of the same 
individual, see section 208(f) of Pub. L. 86-778, set out as a note 
under section 416 of this title.
    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.
    Section 301(b) of Pub. L. 86-778 provided that: ``The amendment made 
by this section [amending this section] shall apply only with respect to 
monthly benefits under section 202 of the Social Security Act [this 
section] for months after the second month following the month in which 
this Act is enacted [September 1960].''
    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.
    Section 47(e) of Pub. L. 86-624 provided that: ``The amendment made 
by section 30(c)(1) [amending this section] shall be applicable in the 
case of deaths occurring on or after August 21, 1959.''


                    Effective Date of 1959 Amendment

    Section 47(e) of Pub. L. 86-70 provided that: ``The amendment made 
by paragraph (1) of subsection (c) of section 32 [amending this section] 
shall apply in the case of deaths occurring on or after January 3, 
1959.''


                    Effective Date of 1958 Amendments

    Section 302 of Pub. L. 85-927 provided that: ``The amendments made 
by section 301 of this Act [amending this section] shall apply with 
respect to monthly benefits under section 202 of the Social Security Act 
[this section] for months after December 1956, and with respect to lump-
sum death payments under such section 202 in the case of deaths 
occurring after December 1956.''
    Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of 
Pub. L. 85-857, set out as an Effective Date note preceding section 101 
of Title 38, Veterans' Benefits.
    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 Aug. 28, 1958, see section 207(a) of Pub. L. 85-840, set out as a 
note under section 416 of this title.
    Section 301(f) of Pub. L. 85-840 provided that: ``The amendments 
made by this section [amending this section and section 416 of this 
title] shall apply with respect to monthly benefits under section 202 of 
the Social Security Act [this section] for months beginning after the 
date of enactment of this Act [Aug. 28, 1958], but only if an 
application for such benefits is filed on or after such date.''
    Section 304(a)(2) of Pub. L. 85-840 provided that: ``The amendment 
made by this subsection [amending this section] shall apply with respect 
to monthly benefits under section 202 of the Social Security Act [this 
section] for months beginning after the date of enactment of this Act 
[Aug. 28, 1958], but only if an application for such benefits is filed 
on or after such date.''
    Section 305(c) of Pub. L. 85-840 provided that: ``The amendments 
made by this section [amending this section and section 416 of this 
title] shall apply in the case of lump-sum death payments under such 
section 202(i) [subsec. (i) of this section] on the basis of the wages 
and self-employment income of any individual who dies after the month in 
which this Act is enacted [August 1958].''
    Section 306(b) of Pub. L. 85-840 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
monthly benefits under section 202 of the Social Security Act [this 
section] for months beginning after the date of enactment of this Act 
[Aug. 28, 1958], but only if an application for such benefits is filed 
on or after such date.''
    Section 307(h)(1) of Pub. L. 85-840 provided that: ``The amendments 
made by this section (other than by subsections (f) and (g) [amending 
this section]) shall apply with respect to monthly benefits under 
section 202 of the Social Security Act [this section] for months 
following the month in which this Act is enacted [August 1958]; except 
that in any case in which benefits were terminated with the close of the 
month in which this Act is enacted or any prior month and, if the 
amendments made by this section had been in effect for such month, such 
benefits would not have been terminated, the amendments made by this 
section shall apply with respect to monthly benefits under section 202 
of the Social Security Act for months beginning after the date of 
enactment of this Act, but only if an application for such benefits is 
filed after such date.''


                    Effective Date of 1957 Amendment

    Section 2 of Pub. L. 85-238 provided that: ``The amendments made by 
the first section of this Act [amending this section] shall apply with 
respect to monthly benefits under section 202 of the Social Security Act 
[this section] for months after December 1956, and with respect to lump-
sum death payments under such section 202 in the case of deaths 
occurring after December 1956.''
    Section 3(i) of Pub. L. 85-238 provided that:
    ``(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 [this section] 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 [subsec. (h) of this section], 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 [section 416(h)(1) of this title] 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.''


                    Effective Date of 1956 Amendments

    Section 403(b) of act Aug. 1, 1956, ch. 837, provided that: ``The 
amendment made by subsection (a) [amending this section] shall be 
effective as though it had been enacted on March 31, 1956.''
    Section 101(h) of act Aug. 1, 1956, ch. 836, 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 [this section] 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 [this subchapter], 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 [subsec. (j)(1) of 
this section], to a child's insurance benefit under subsection (d) of 
such section [subsec. (d) of this section] for December 1956, such 
amendments shall apply with respect to benefits under such section 202 
[this section] 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 [subsec. (h) of this section] based on the wages and self-
employment income of an individual who dies after August 1956.''
    Section 114(b) of act Aug. 1, 1956, ch. 836, provided that: ``The 
amendment made by subsection (a) [amending this section] shall apply in 
the case of lump-sum death payments under title II of the Social 
Security Act [this subchapter], and monthly benefits under such title 
for months after August 1956, based on applications filed after August 
1956.''
    Section 118(b) of act Aug. 1, 1956, ch. 836, provided that: ``The 
amendment made by subsection (a) [amending this section] shall apply in 
the case of monthly benefits under title II of the Social Security Act 
[this subchapter] for months after December 1956 and in the case of 
lump-sum death payments under section 202(i) of such Act [subsec. (i) of 
this section] with respect to deaths occurring after December 1956.''


                    Effective Date of 1954 Amendment

    Section 105(b) of act Sept. 1, 1954, provided that: ``The amendment 
made by subsection (a) [amending this section] shall be applicable only 
in the case of applications for monthly benefits under section 202 of 
the Social Security Act [this section] filed after August 1954; except 
that no individual shall, by reason of such amendment, be entitled to 
any benefit for any month prior to February 1954.''


                    Effective Date of 1950 Amendment

    Section 101(b)(1), (3) of act Aug. 28, 1950, provided that:
    ``(1) Except as provided in paragraph (3), the amendment made by 
subsection (a) of this section [amending this section] shall take effect 
September 1, 1950.
    ``(3) Section 202(j)(2) of the Social Security Act [subsec. (j)(2) 
of this section], as amended by this Act, shall take effect on the date 
of enactment of this Act [Aug. 28, 1950].''


                    Effective Date of 1946 Amendment

    Section 403(b) of act Aug. 10, 1946, provided that: ``The amendment 
made by subsection (a) of this section [amending this section] shall be 
applicable only in cases of applications for benefits under that Act 
filed after December 31, 1946.''
    Section 404(b) of act Aug. 10, 1946, provided that: ``The amendment 
made by subsection (a) of this section [amending this section] shall be 
applicable only in cases where the death of the insured individual 
occurs after December 31, 1946.''
    Subsec. 405(b) of act Aug. 10, 1946, provided that: ``The amendment 
made by subsection (a) of this section [amending this section] shall be 
applicable only in cases of applications for benefits under this title 
[this subchapter] filed after December 31, 1946.''


                    Effective Date of 1939 Amendment

    Section 201 of act Aug. 10, 1939, provided that the amendment made 
by that section is effective Jan. 1, 1940.


                     Construction of 1994 Amendments

    Section 7 of Pub. L. 103-387 provided that: ``Until March 31, 1995, 
any reference in this Act [see Short Title of 1994 Amendments note, set 
out under section 1 of Title 26, Internal Revenue Code] (other than 
section 3(d) [108 Stat. 4075]) or any amendment made by this Act to the 
Commissioner of Social Security shall be deemed a reference to the 
Secretary of Health and Human Services.''


   Pilot Study of Efficacy of Providing Individualized Information to 
         Recipients of Old-Age and Survivors Insurance Benefits

    Section 106 of Pub. L. 104-121 provided that:
    ``(a) In General.--During a 2-year period beginning as soon as 
practicable in 1996, the Commissioner of Social Security shall conduct a 
pilot study of the efficacy of providing certain individualized 
information to recipients of monthly insurance benefits under section 
202 of the Social Security Act [this section], designed to promote 
better understanding of their contributions and benefits under the 
social security system. The study shall involve solely beneficiaries 
whose entitlement to such benefits first occurred in or after 1984 and 
who have remained entitled to such benefits for a continuous period of 
not less than 5 years. The number of such recipients involved in the 
study shall be of sufficient size to generate a statistically valid 
sample for purposes of the study, but shall not exceed 600,000 
beneficiaries.
    ``(b) Annualized Statements.--During the course of the study, the 
Commissioner shall provide to each of the beneficiaries involved in the 
study one annualized statement, setting forth the following information:
        ``(1) an estimate of the aggregate wages and self-employment 
    income earned by the individual on whose wages and self-employment 
    income the benefit is based, as shown on the records of the 
    Commissioner as of the end of the last calendar year ending prior to 
    the beneficiary's first month of entitlement;
        ``(2) an estimate of the aggregate of the employee and self-
    employment contributions, and the aggregate of the employer 
    contributions (separately identified), made with respect to the 
    wages and self-employment income on which the benefit is based, as 
    shown on the records of the Commissioner as of the end of the 
    calendar year preceding the beneficiary's first month of 
    entitlement; and
        ``(3) an estimate of the total amount paid as benefits under 
    section 202 of the Social Security Act [this section] based on such 
    wages and self-employment income, as shown on the records of the 
    Commissioner as of the end of the last calendar year preceding the 
    issuance of the statement for which complete information is 
    available.
    ``(c) Inclusion With Matter Otherwise Distributed to 
Beneficiaries.--The Commissioner shall ensure that reports provided 
pursuant to this section are, to the maximum extent practicable, 
included with other reports currently provided to beneficiaries on an 
annual basis.
    ``(d) Report to the Congress.--The Commissioner shall report to each 
House of the Congress regarding the results of the pilot study conducted 
pursuant to this section not later than 60 days after the completion of 
such study.''


Treatment of Employees Whose Federal Employment Terminated After Making 
  Election Into Social Security Coverage But Before Effective Date of 
                                Election

    Section 8014(b) of Pub. L. 100-647 provided that: ``Subsections 
(b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), and (g)(4)(A)(i) 
of section 202 of the Social Security Act (42 U.S.C. 402(b)(4)(A)(i), 
(c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), (g)(4)(A)(i)) shall not apply 
with respect to monthly periodic benefits of any individual based solely 
on service which was performed while in the service of the Federal 
Government if--
        ``(1) such person made, before January 1, 1988, an election 
    pursuant to law to become subject to the Federal Employees' 
    Retirement System provided in chapter 84 of title 5, United States 
    Code, or the Foreign Service Pension System provided in subchapter 
    II of chapter 8 of title I of the Foreign Service Act of 1980 [22 
    U.S.C. 4071 et seq.] (or such person made such an election on or 
    after January 1, 1988, and before July 1, 1988, pursuant to 
    regulations of the Office of Personnel Management relating to 
    belated elections and correction of administrative errors (5 CFR 
    846.204) as in effect on the date of the enactment of this Act [Nov. 
    10, 1988]), and
        ``(2) such service terminated before the date on which such 
    election became effective.''


Monthly Payments to Surviving Spouse of Member or Former Member of Armed 
  Forces Where Such Person Has in Care a Child of Such Member; Amount, 
                             Criteria, etc.

    Pub. L. 97-377, title I, Sec. 156, Dec. 21, 1982, 96 Stat. 1920, as 
amended by Pub. L. 98-94, title IX, Sec. 943, Sept. 24, 1983, 97 Stat. 
654; Pub. L. 100-322, title III, Sec. 314, May 20, 1988, 102 Stat. 535; 
Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided 
that:
    ``(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 
[subsec. (g) of this section] if such child were under sixteen years of 
age, disregarding any adjustments made under section 215(i) of the 
Social Security Act [section 415(i) of this title] 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 [subsec. (d)(7)(A) and (C) of this section] 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 [subsec. (d) of this section] (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 [section 415(i) of this title] 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 August 
13, 1981, or died from a service-connected disability incurred or 
aggravated before such date.
    ``(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 [Dec. 21, 1982].
    ``(e)(1) Unless otherwise provided by law--
        ``(A) each time after December 31, 1981, that an increase is 
    made by law in the dependency and indemnity compensation paid under 
    section 1311 of title 38, United States Code, the head of the agency 
    shall, at the same time and effective as of the same date on which 
    such increase takes effect, increase the benefits paid under 
    subsection (a) by a percentage that is equal to the overall average 
    (rounded to the nearest one-tenth of 1 per centum) of the 
    percentages by which each of the dependency and indemnity 
    compensation rates under section 1311 of such title are increased 
    above the rates as in effect immediately before such increase; and
        ``(B) each time after December 31, 1981, that an increase is 
    made by law in the rates of educational assistance allowances 
    provided for under section 3531(b) of title 38, United States Code, 
    the head of the agency shall, at the same time and effective as of 
    the same date on which such increase takes effect, increase the 
    benefits paid under subsection (b) by a percentage that is equal to 
    the overall average (rounded to the nearest one-tenth of 1 per 
    centum) of the percentages by which each of the educational 
    assistance allowance rates provided for under section 3531(b) of 
    such title are increased above the rates as in effect immediately 
    before such increase.
    ``(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.''


      Child's Insurance Benefits; Continued Eligibility of Certain 
                        Individuals; Limitations

    Section 2210(c) of Pub. L. 97-35 provided that:
    ``(1) Notwithstanding the provisions of section 202(d) of the Social 
Security Act [subsec. (d) of this section] (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) [section 423(d) of this title];
        ``(C) is entitled to a child's insurance benefit under such 
    section 202(d) [subsec. (d) of this section] 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) [section 403 of this title] 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 
[subsec. (d) of this section] 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.''


   Nonapplicability of Amendments by Section 334 of Pub. L. 95-216 to 
 Monthly Insurance Benefits Payable to Individuals Eligible for Monthly 
                  Periodic Benefits; Savings Provision

    Section 334(g) of Pub. L. 95-216, as amended by Pub. L. 98-617, 
Sec. 2(b)(1), Nov. 8, 1984, 98 Stat. 3294, provided that:
    ``(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 
[this section], 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) [section 
    418(b)(2) of this title], 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.''
    [Section 2(b)(3) of Pub. L. 98-617 provided that: ``The amendments 
made by this subsection [amending above note and provisions set out as 
an Offset Against Spouses' Benefits on Account of Public Pensions note 
below] shall apply with respect to benefits payable under title II of 
the Social Security Act [this subchapter] for months beginning after the 
month of enactment of this Act [November 1984].'']


     Offset Against Spouses' Benefits on Account of Public Pensions

    Section 334(h) of Pub. L. 95-216, as added by Pub. L. 97-455, 
Sec. 7(a)(1), Jan. 12, 1983, 96 Stat. 2501, and amended by Pub. L. 98-
617, Sec. 2(b)(2), Nov. 8, 1984, 98 Stat. 3294, provided that: ``In 
addition, 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 
[this section], to an individual--
        ``(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 [section 418(b)(2) of 
    this title]), 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).''


Redetermination of Widow's and Widower's Monthly Insurance Benefits for 
                       Months After December 1978

    Section 336(c)(2) of Pub. L. 95-216 provided that: ``In the case of 
an individual who was entitled for the month of December 1978 to monthly 
insurance benefits under subsection (e) or (f) of section 202 of the 
Social Security Act [subsec. (e) or (f) of this section] to which the 
provisions of subsection (e)(4) or (f)(5) applied, the Secretary shall, 
if such benefits would be increased by the amendments made by this 
section [amending this section] redetermine the amount of such benefits 
for months after December 1978 as if such amendments had been in effect 
for the first month for which the provisions of section 202(e)(4) or 
202(f)(5) became applicable.''


 Minimum Monthly Insurance Benefits for Months After December 1978, for 
         Widow or Widower and Other Jointly Entitled Individuals

    Section 336(d) of Pub. L. 95-216 provided that: ``Where--
        ``(1) two or more persons are entitled to monthly benefits under 
    section 202 of the Social Security Act [this section] 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 [subsec. (e) or (f) 
    of this section], 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 [section 403(a) of this 
    title] (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) [section 
403(a) of this title] than the amount it would have been without the 
application of this section.''


   Termination of Special $50 Payments Under Tax Reduction Act of 1975

    Pub. L. 95-30, title IV, Sec. 406, May 23, 1977, 91 Stat. 156, 
provided that: ``Notwithstanding the provisions of section 702(a) of the 
Tax Reduction Act of 1975 [see Pub. L. 94-12, Sec. 702, set out as a 
note under this section], no payment shall, after the date of the 
enactment of this Act [May 23, 1977], be made under that section.''


           Special $50 Payment Under Tax Reduction Act of 1975

    Pub. L. 94-12, title VII, Sec. 702, Mar. 29, 1975, 89 Stat. 66, 
provided that the Secretary of the Treasury, at the earliest practicable 
date after Mar. 29, 1975, make a $50 payment to each individual, who for 
the month of March, 1975, was entitled, without regard to section 
402(j)(1) or 423(b) of this title or section 231d(a)(ii) of Title 45, 
Railroads, to a monthly insurance benefit payable under this subchapter, 
a monthly annuity or pension payment under the Railroad Retirement Act 
of 1935, the Railroad Retirement Act of 1937, or the Railroad Retirement 
Act of 1974, or a benefit under the supplemental security income 
benefits program under subchapter XVI of this title, except that payment 
be made only to individuals who were paid a benefit for March 1975 in a 
check issued no later than Aug. 31, 1975, that no payment be made to any 
individual who is not a resident of the United States as defined in 
section 410(i) of this title, and if an individual is entitled under two 
or more programs, this individual receive only one $50 payment, and that 
this payment received not be considered as income, or for the calendar 
year 1975, as a resource, for purposes of any Federal or State program 
which undertakes to furnish aid or assistance to individuals or 
families, where eligibility for the program is based upon need of the 
individual or family involved or as income for federal income tax 
purposes.


  March Through May 1974 Monthly Insurance Benefit for Only Individual 
  Entitled to Benefit on Basis of Wages and Self-Employment Income of 
                           Deceased Individual

    Section 1(i) of Pub. L. 93-233 provided that: ``In the case of an 
individual to whom monthly benefits are payable under title II of the 
Social Security Act [this subchapter] for February 1974 (without the 
application of section 202(j)(1) or 223(b) of such Act [subsec. (j)(1) 
of this section or section 423(b) of this title]), and to whom section 
202(m) of such Act [subsec. (m) of this section] is applicable for such 
month, such section shall continue to be applicable to such benefits for 
the months of March through May 1974 for which such individual remains 
the only individual entitled to a monthly benefit on the basis of the 
wages and self-employment income of the deceased insured individual.''


  Cost-of-Living Increase in Social Security Benefits; Effective Date; 
                     Consumer Price Index Percentage

    Section 201 of Pub. L. 93-66, as amended by Pub. L. 93-233, 
Sec. 1(a)-(e), Dec. 30, 1973, 87 Stat. 947, provided that:
    ``(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 [this subchapter] 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 [this subchapter] only for 
months after February 1974 and prior to June 1974, and, in the case of 
lump-sum death payments under such title [this subchapter], 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 [section 415(i) of this title] for the implementation of cost-of-
living increases authorized under title II of such Act [this subchapter] 
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 
    [subsec. (e) of this section] for February 1974 (without the 
    application of section 202(j)(1) or 223(b) of such Act [subsec. 
    (j)(1) of this section or section 423(f) of this title]), including 
    such benefits based on a primary insurance amount determined under 
    section 215(a)(3) of such Act [section 415(a)(3) of this title] 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 [section 
    415(i) of this title], and
        ``(2) not (except for purposes of section 203(a)(2) of such Act 
    [section 403(a)(2) of this title], as in effect after February 1974) 
    be considered to be a `general benefit increase under this title' 
    [this subchapter] (as such term is defined in section 215(i)(3) of 
    such Act) [section 415(i)(3) of this title];
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) [section 430 of this title], or any 
increase in the `exempt amount' (as such term is used in section 
203(f)(8) of such Act [section 403(f)(8) of this title]).
    ``(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 [this subchapter] 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 [subsec. (q) of this section and section 403(a) of 
this title] shall not, for purposes of the preceding sentence, be 
considered to be an increase in a monthly benefit for a month after May 
1974.''


Redetermination of Widow's and Widower's Benefits for December 1972 and 
                   After To Provide for 1972 Increases

    Section 102(g) of Pub. L. 92-603 provided that:
    ``(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 [this subchapter] 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 [section 403 of this title], 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 [subsec. (q)(7) of this 
    section] (as amended by this Act) [Pub. L. 92-603].''


 Adjustment of Benefits Based on Disability Which Began Between Age 18 
                                 and 22

    Section 108(g) of Pub. L. 92-603 provided that: ``Where--
        ``(1) one or more persons are entitled (without the application 
    of sections 202(j)(1) and 223(b) of the Social Security Act) 
    [subsec. (j)(1) of this section and section 423(b) of this title] 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 [this 
    section or section 423 of this title] 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 [this section and section 423 of 
    this title] on the basis of such wages and self-employment income 
    for January 1973 is reduced by reason of section 203(a) of such Act 
    [section 403(a) of this title] 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) 
[section 403(a) of this title], 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).''


     Termination of Child's Insurance Benefits by Reason of Adoption

    Section 112(c) of Pub. L. 92-603 provided that: ``Any child--
        ``(1) whose entitlement to child's insurance benefits under 
    section 202(d) of the Social Security Act [subsec. (d) of this 
    section] was terminated by reason of his adoption, prior to the date 
    of the enactment of this Act [Oct. 30, 1972], and
        ``(2) who, except for such adoption, would be entitled to 
    child's insurance benefits under such section for a month after the 
    month in which this Act is enacted [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.''


                            Savings Provision

    1972--Section 102(h) of Pub. L. 92-603 provided that: ``Where--
        ``(1) two or more persons are entitled to monthly benefits under 
    section 202 of the Social Security Act [this section] 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 [this section] on the basis of such 
    wages and self-employment income for January 1973 is reduced by 
    reason of section 203(a) of such Act [section 403(a) of this title], 
    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.''

    Section 114(e) of Pub. L. 92-603 provided that: ``Where--
        ``(1) one or more persons are entitled (without the application 
    of sections 202(j)(1) and 223(b) of the Social Security Act) 
    [subsec. (j)(1) of this section and section 423(b) of this title] 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) [section 
    416(d)(3) of this title]) 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 202 and 223 [this section and section 423 of this 
    title] 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 [section 403(a) of this title] 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--Section 104(f) of Pub. L. 87-64 provided that: ``Where--
        ``(1) two or more persons were entitled (without the application 
    of subsection (j)(1) of section 202 of the Social Security Act 
    [subsec. (j)(1) of this section]) 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 
    [section 403(a) of this title],
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--Section 208(e) of Pub. L. 86-778 provided that: ``Where--
        ``(1) one or more persons were entitled (without the application 
    of section 202(j)(1) of the Social Security Act [subsec. (j)(1) of 
    this section]) 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 [section 403(a) of this title],
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 
[section 501 of this title]) 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.''

    Section 301(c) of Pub. L. 86-778 provided that: ``Where--
        ``(1) one or more persons were entitled (without the application 
    of section 202(j)(1) of the Social Security Act [subsec. (j)(1) of 
    this section]) 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 [section 408 
    of this title]); 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 [section 408 of this title], 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 [section 403(a) of this title], 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 
    [section 408 of this title] 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--Section 304(b) of Pub. L. 85-840 provided that: ``Where--
        ``(1) one or more persons were entitled (without the application 
    of section 202(j)(1) of the Social Security Act [subsec. (j)(1) of 
    this section]) 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 [section 403(a) of this title].
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--Section 5 of Pub. L. 85-238 provided that: ``Where--
        ``(a) one or more persons were entitled (without the application 
    of section 202(j)(1) of the Social Security Act [subsec. (j)(1) of 
    this section]) 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 [section 403(a) of this title];
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.''


                       Filing of Proof of Support

    1968--Section 157(c) of Pub. L. 90-248 provided that: ``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 [subsec. (c) of this 
section] or any widower who would not be entitled to widower's insurance 
benefits under section 202(f) of such Act except for the enactment of 
this section, the requirement in section 202(c)(1)(C) or 202(f)(1)(D) of 
such Act relating to the time within which proof of support must be 
filed shall not apply if such proof of support is filed within two years 
after the month following the month in which this Act is enacted 
[January 1968].''
    1961--Section 103(c) of title I of Pub. L. 87-64 provided that: ``In 
the case of any widower or parent who would not be entitled to widower's 
insurance benefits under section 202(f) [subsec. (f) of this section], 
or parent's insurance benefits under section 202(h), of the Social 
Security Act except for the enactment of this Act (other than this 
subsection), the requirement in sections 202(f)(1)(D) and 202(h)(1)(B), 
respectively, 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 before the close of the 2-year period which begins on 
the effective date of this title [see Effective Date of 1961 Amendment 
note set out above].''
    1958--Section 207(b) of Pub. L. 85-840 provided that: ``In the case 
of any husband, widower, or parent who would not be entitled to benefits 
under section 202(c), section 202(f), and section 202(h), respectively, 
of the Social Security Act [subsecs. (c), (f), and (h) of this section] 
except for the enactment of section 205 of this Act [amending this 
section and sections 401, 403, 414, 415, 422, and 425 of this title], 
the requirement in such section 202(c), section 202(f), or section 
202(h), as the case may be, that proof of support be filed within a two-
year period shall not apply if such proof is filed within two years 
after the month in which this Act is enacted [August 1958].''

    Section 304(c) of Pub. L. 85-840 provided that: ``In the case of any 
parent who would not be entitled to parent's benefits under section 
202(h) of the Social Security Act [subsec. (h) of this section] except 
for the enactment of this section, the requirement in such section 
202(h) that proof of support be filed within two years of the date of 
death of the insured individual referred to therein shall not apply if 
such proof is filed within the two-year period beginning with the first 
day of the month after the month in which this Act is enacted [August 
1958].''
    1954--Section 113 of act Sept. 1, 1954, 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 [subsec. (c) of this section] 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, 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 [section 403(b) of this title] (as in effect before or 
    after the enactment of this Act [Sept. 1, 1954]) did not occur.
        ``(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, 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 [Sept. 1, 1954]) 
    did not occur.
        ``(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) [section 413 of this title] 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 [Sept. 1, 1954]) did 
not occur.
    ``(d) This section shall apply only with respect to husband's 
insurance benefits under section 202(c) of the Social Security Act 
[subsec. (c) of this section], and widower's insurance benefits under 
section 202(f) of such Act [subsec. (f) of this section], for months 
after August 1954, and only with respect to benefits based on 
applications filed after such month.''
    1950--Section 101(c) of act Aug. 28, 1950, provided that:
    ``(1) Any individual entitled to primary insurance benefits or 
widow's current insurance benefits under section 202 of the Social 
Security Act [this section] 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.''


    Extension of Filing Period for Husband's, Widower's, or Parent's 
                        Benefits in Certain Cases

    Section 210 of Pub. L. 86-778 provided that:
    ``(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 [subsec. (c) of this section] 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.''


   Disregarding OASDI Benefit Increases and Child's Insurance Benefit 
    Payments Beyond Age 18 to the Extent Attributable to Retroactive 
                    Effective Date of 1965 Amendments

    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.


    Lump-Sum Payments Where Death Occurred Prior to September 1, 1950

    Section 101(d) of act Aug. 28, 1950, as amended July 18, 1952, ch. 
945, Sec. 5(e)(1), 66 Stat. 775; Sept. 13, 1960, Pub. L. 86-778, title 
I, Sec. 103(a)(2), 74 Stat. 936, provided that: ``Lump-sum death 
payments shall be made in the case of individuals who died prior to 
September 1950 as though this Act had not been enacted; except that in 
the case of any individual who died outside the forty-eight States and 
the District of Columbia after December 6, 1941, and prior to August 10, 
1946, the last sentence of section 202(g) of the Social Security Act 
[subsec. (g) of this section] as in effect prior to the enactment of 
this Act shall not be applicable if application for a lump-sum death 
payment is filed prior to September 1952, and except that in the case of 
any individual who died outside the forty-eight States and the District 
of Columbia on or after June 25, 1950, and prior to September 1950, 
whose death occurred while he was in the active military or naval 
service of the United States, and who is returned to any of such States, 
the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, or American Samoa for interment or 
reinterment, the last sentence of section 202(g) of the Social Security 
Act as in effect prior to the enactment of this Act [July 18, 1952] 
shall not prevent payment to any person under the second sentence 
thereof if application for a lump-sum death payment under such section 
with respect to such deceased individual is filed by or on behalf of 
such person (whether or not legally competent) prior to the expiration 
of two years after the date of such interment or reinterment.''


        Lump-Sum Payments for Deaths Before 1940; Time Limitation

    Lump-sum payments of 3\1/2\ percent of total wages paid with respect 
to employment after Dec. 31, 1936 and before reaching the age of 65 were 
provided for persons who were not qualified individuals upon reaching 
that age by section 204 of act Aug. 14, 1935, before amendment in 1939. 
Such lump-sum payments, except to the estate of an individual who died 
prior to Jan. 1, 1940, were prohibited after Aug. 10, 1939, by section 
902(g) of act Aug. 10, 1939. Section 415 of act Aug. 10, 1946, provided 
that no lump-sum payments shall be made under section 204 of the 1935 
act or section 902(g) of the 1939 act unless application therefor has 
been filed prior to the expiration of six months after Aug. 10, 1946.


   Death Outside U.S.; Extension of Filing Time for Lump-Sum Payments

    Section 5(e)(2) of act July 18, 1952, ch. 945, 66 Stat. 775, as 
amended by Pub. L. 86-778, title I, Sec. 103(a)(2), Sept. 13, 1960, 74 
Stat. 936, provided that: ``In the case of any individual who died 
outside the forty-eight States and the District of Columbia after August 
1950 and prior to January 1954, whose death occurred while he was in the 
active military or naval service of the United States, and who is 
returned to any of such States, the District of Columbia, Alaska, 
Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or 
American Samoa for interment or reinterment, the last sentence of 
section 202(i) of the Social Security Act [subsec. (i) of this section] 
shall not prevent payment to any person under the second sentence 
thereof if application for a lump-sum death payment with respect to such 
deceased individual is filed under such section by or on behalf of such 
person (whether or not legally competent) prior to the expiration of two 
years after the date of such interment or reinterment.''


  Payment of Annuities to Officers and Employees of the United States 
                      Convicted of Certain Offenses

    Section 121(b) of act Aug. 1, 1956, ch. 836, provided that: ``The 
amendment made by subsection (a) of this section [amending this section] 
shall not be construed to restrict or otherwise affect any of the 
provisions of the Act entitled `An Act to prohibit payments of annuities 
to officers and employees of the United States convicted of certain 
offenses, and for other purposes', approved September 1, 1954 (Public 
Law 769, Eighty-third Congress) [sections 2281 to 2288 of former Title 
5, Executive Departments and Government Officers and Employees, and are 
covered by section 8311 et seq. of Title 5, Government Organization and 
Employees].''


 Application for Benefits by Survivors of Members and Former Members of 
                           Uniformed Services

    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.


Payments of Aliens' Benefits Withheld Under Foreign Delivery Restriction 
                     of Checks Against Federal Funds

    Section 162(c)(3) of Pub. L. 90-248 provided that: ``Whenever 
benefits which an individual who is not a citizen or national of the 
United States was entitled to receive under title II of the Social 
Security Act [this subchapter] are, on June 30, 1968, being withheld by 
the Treasury Department under the first section of the Act of October 9, 
1940 (31 U.S.C. 123) [31 U.S.C. 3329(a) and 3330(a)], any such benefits, 
payable to such individual for months after the month in which the 
determination by the Treasury Department that the benefits should be so 
withheld was made, shall not be paid--
        ``(A) to any person other than such individual, or, if such 
    individual dies before such benefits can be paid, to any person 
    other than an individual who was entitled for the month in which the 
    deceased individual died (with the application of section 202(j)(1) 
    of the Social Security Act [subsec. (j)(1) of this section]) to a 
    monthly benefit under title II of such Act [this subchapter] 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.''


       Study of Retirement Test and of Drug Standards and Coverage

    Section 405 of Pub. L. 90-248 authorized the Secretary of Health, 
Education, and Welfare to make a study of the existing retirement test 
and proposals for the modification of the test, the quality and cost 
standards for drugs for which payments are made under this chapter, and 
the coverage of drugs under part B of subchapter XVIII of this chapter, 
and submit a report to the President and to Congress concerning his 
findings and recommendations on or before Jan. 1, 1969.

Ex. Ord. No. 12436. Payment of Certain Benefits to Survivors of Persons 
             Who Died in or as a Result of Military Service

    Ex. Ord. No. 12436, July 29, 1983, 48 F.R. 34931, provided:
    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:
    Section 1. The Administrator of Veterans' Affairs is designated to 
administer the provisions of Section 156 of Public Law 97-377.
    Sec. 2. The Secretary of Health and Human Services shall provide to 
the Administrator of Veterans' Affairs such information and such 
technical assistance as the Administrator may reasonably require to 
discharge his responsibilities under Section 156. The Administrator of 
Veterans' Affairs shall reimburse the Department of Health and Human 
Services for all expenses it incurs in providing such information and 
technical assistance to the Veterans' Administration. Such expenses 
shall be paid from the Veterans' Administration account described in 
Section 3 of this Order.
    Sec. 3. During fiscal year 1983 and each succeeding fiscal year, the 
Secretary of Defense shall transfer, from time to time, from the 
``Retired Pay, Defense'' account of the Department of Defense to an 
account established in the Veterans' Administration, such amounts as the 
Administrator of Veterans' Affairs determines to be necessary to pay the 
benefits authorized by Section 156 during fiscal year 1983 and each 
succeeding fiscal year, and the expenses incurred by the Veterans' 
Administration in paying such benefits during fiscal year 1983 and each 
succeeding fiscal year. Such transfers shall, to the extent feasible, be 
made in advance of the payment of benefits and expenses by the Veterans' 
Administration.
    Sec. 4. This Order shall be effective as of January 1, 1983.
                                                          Ronald Reagan.


                            Cross References

    Survivor benefits under Railroad Retirement Act of 1974 correlation 
with payments under this chapter, see section 231e of Title 45, 
Railroads.

                  Section Referred to in Other Sections

    This section is referred to in sections 401, 403, 405, 415, 416, 
417, 421, 422, 423, 424a, 425, 426, 426a, 427, 428, 433, 434, 1320b-1, 
1320b-19, 1382, 1383, 1383c, 1395i-1, 1395p, 1395r, 1395s, 1396v of this 
title; title 5 sections 552a, 8332, 8421, 8442; title 8 section 1611; 
title 29 section 2801; title 30 sections 902, 922, 932; title 38 
sections 1312, 1322; title 45 sections 231a, 231b, 231c, 231d, 231e, 
231f; title 50 section 2082.
