Page:United States Statutes at Large Volume 108 Part 5.djvu/741

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PUBLIC LAW 103-409—OCT. 25, 1994 108 STAT. 4231 resents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based— "(i) shall be reduced by the percentage which the designated portion comprised relative to the total benefits which could have been taken (rounding the result to the nearest multiple of $1,000 or, if midway between multiples . . of $1,000, to the next higher multiple of $1,000); and

    • (ii) shall not be subject to further a^ustment; and

"(B) deductions and withholdings under section 8707, and contributions under section 8708, shall be terminated with respect to such individual (or reduced in a manner consistent ' witii the percentage reduction in the individual's basic insur- » ance amount, if applicable), effective with respect to any amounts which would otherwise become due on or after the date of payment under this section. "(2) An individual who takes a lump-sum payment under this section (whether full or partial) remains eligible for optional benefits * under sections 8714a-8714c (subject to payment of the full cost of those benefits in accordance with applicable provisions of the section or sections involved, to the same extent as if no election under this section had been made). "(d)(1) The Office's regulations shall include provisions regarding the form and manner in which an application under this section i shall be made and the procedures in accordance with which any such application shall be considered. "(2) AQ application shall not be considered to be complete unless it includes such information and supporting evidence as the regulations require, including certification by an appropriate medical authority as to the nature of the individual's illness and that the individual is not expected to live more than 9 months because of that illness. "(3)(A) In order to ascertain the reUability of any medical opinion or finding submitted as part of an application under this section, the covered individual may be required to submit to a medical examination under the direction of me agency or entity considering the application. The individual shall not be liable for the costs associated with any examination required under this subparagraph. "(B) Any decision by the reviewing agency or entity with respect to an application for benefits under tiiis section (including one relating to an individual's medical prognosis) shall not be subject to administrative review. "(4)(A) An individual making an election under this section > may designate that only a limited portion (expressed as a multiple of $1,000) of the total amount otherwise allowable under this section be paid pursuant to such election. "(B) A designation under this paragraph may not be made by an individual described in paragraph (1) or (2) of section 8706(b). "(5) An election to receive benefits under this section shall be irrevocable, and not more than one such election may be made by any individual. "(6) The regulations shall iaclude provisions to address the question of how to apply section 8706(b)(3)(B) in the case of an electing individual who has attained 65 years of age.".