Page:United States Statutes at Large Volume 104 Part 2.djvu/684

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104 STAT. 1388-276 PUBLIC LAW 101-508—NOV. 5, 1990 "(I) shall, in the case of an individual who attained age 21 prior to 1950, be divided by the number of years (hereinafter in this subparagraph referred to as the 'divisor') elapsing after the year in which the individual attained age 20, or 1936 if later, and prior to the earlier of the year of death or 1951, except that such divisor shall not include any calendar year entirely included in a period of disability, and in no case shall the divisor be less than one, and "(II) shall, in the case of an individual who died before 1950 and before attaining age 21, be divided by the number of years (hereinafter in this subparagraph referred to as the 'divisor') elapsing after the second year prior to the year of (ieath, or 1936 if later, and prior to the year of death, and in no case shall the divisor be less than one; and "(ii) the total wages prior to 1951 (as defined in subparagraph (C) of this paragraph) of an individual who either attained age 21 after 1949 or died after 1949 before attaining age 21, shall be divided by the number of years (hereinafter in this subparagraph referred to as the 'divisor') elapsing after 1949 and prior to 1951.". (B) CREDITING OF WAGES TO YEARS.— Clause (iii) of section 215(d)(1)(B) (42 U.S.C. 415(d)(l)(B)(iii)) is amended to read as follows: "(iii) if the quotient exceeds $3,000, only $3,000 shall be deemed to be the individual's wages for each of the years which were used in computing the amount of the divisor, and the remainder of the individual's total wages prior to 1951 (I) if less than $3,000, shall be deemed credited to the computation base year (as defined in subsection (b)(2) as in effect in December 1977) immediately preceding the earliest year used in computing the amount of the divisor, or (II) if $3,000 or more, shall be deemed credited, in $3,000 increments, to the computation base year (as so defined) immediately preceding the earliest year used in computing the amount of the divisor and to each of the computation base years (as so defined) consecutively preceding that year, with any remainder less than $3,000 being credited to the computation base year (as so defined) immediately preceding the earliest year to which a full $3,000 increment was credited; and". (C) APPLICABILITY.— Section 215(d) is further amended— (i) in paragraph (2)(B), by striking "except as provided in paragraph (3),"; (ii) by striking paragraph (2)(C) and inserting the following: "(C)(i) who becomes entitled to benefits under section 202(a) or 223 or who dies, or "(ii) whose primary insurance amount is required to be recomputed under paragraph (2), (6), or (7) of subsection (f) or under section 231."; and (iii) by striking paragraphs (3) and (4). (3) CONFORMING AMENDMENTS. — (A) Section 215(i)(4) (42 U.S.C. 415(i)(4)) is amended in the first sentence by inserting "and as amended by section 5117