Page:United States Statutes at Large Volume 101 Part 2.djvu/1085

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101 STAT. 1330-291
101 STAT. 1330-291
PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-291

"(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 210(a)(5), 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

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• /: V occurred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, 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) 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 210 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.". (d) WIDOWER'S INSURANCE BENEFITS.—Paragraph (2) of section 202(0 of such Act is amended— 42 USC 402. (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a widower's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k), 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 218(b)(2)) if, on the last day he was employed by such entity— '(i) such service did not constitute 'employment' as defined in section 210, 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 210(a)(5), 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 chapter 84 of title 5, United States Code, 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) 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 210 if such service was