Page:United States Statutes at Large Volume 68 Part 1.djvu/1104

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[68 Stat. 1072]
PUBLIC LAW 000—MMMM. DD, 1954
[68 Stat. 1072]

1072 Ante,

PUBLIC LAW 7 6 1 - S E P T. 1, 1954 p. 1066.

42 USC 415; ante, p p. 1 0 6 2, 10 6 3, 1065-1068; post, p p. 10 7 81080. 66 Stat. 769. 42 USC 415 notes. 42 USC 4 0 1421.

Post,

p. 1079.

Ante,

p. 1070.

42 USC notes.

415

Post, p. 1079. 42 USC 4 0 1421.

Ante,

p. 1070.

[68

ST AT.

(5) The amendments made by subparagraph (A) of subsection (e) (3) shall be applicable only in the case of applications for recomputation filed, or deaths occurring, after August 1954. (6) No increase in any benefit by reason of the amendments made by this section (other than subsection (e)) or by reason of subparagraph (B) of paragraph (2) of this subsection shall be regarded as a recomputation for purposes of section 215(f) of the Social Security Act. (g) Effective September 1, 1954, section 2(c)(2)(B) of the Social Security Act Amendments of 1952 is amended to read as follows: " (B) The provisions of subparagraph (A) shall cease to apply to the benefit of any individual under title II of the Social Security Act for any month after August 1954." (h)(1) W h e r e i A) an individual was entitled (without the application of n section 202(j)(1) of the Social Security Act) to an old-age insurance benefit under title II of such Act for August 1954; (B) one or more other persons were entitled (without the application of such section 202(j)(1)) to monthly benefits under such title for such month on the basis of the wages and self-employment income of such individual; and (C) the total of the benefits to which all persons are entitled under such title on the basis of such individual's wages and selfemployment income for any subsequent month for which he is entitled to an old-age insurance benefit under such title, would (but for the provisions of this paragraph) be reduced by reason of the application of section 203(a) of the Social Security Act, as amended by this Act, then the total of benefits referred to in clause (C) for such subsequent month shall be reduced to whichever of the following is the larger— (D) the amount determined pursuant to section 203(a) of the Social Security Act, as amended by this Act; or (E) the amount determined pursuant to such section, as in effect prior to the enactment of this Act, for August 1954 plus the excess of (i) the amount of his old-age insurance benefit for such month computed as if the amendments made by the preceding subsections of this section had been applicable in the case of such benefit for such month over (ii) the amount of his old-age insurance benefit for such month, or (F) the amount determined pursuant to section 2(d)(1) of the Social Security Act Amendments of 1952 for August 1954 jilus the excess of (i) the amount of his old-age insurance benefit for such month computed as if the amendments made by the preceding subsections of this section had been applicable in the case of such benefit for such month over (ii) the amount of his oldage insurance benefit for such month. (2) Where— (A) two or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under title II of such Act for August 1954 on the basis of the wages and self-employment income of a deceased individual; and (B) the total of the benefits to which all such persons are entitled on the basis of such deceased individual's wages and selfemployment income for any subsequent month would (but for the provisions of this paragraph) be reduced by reason of the application of the first sentence of section 203(a) of the Social Security Act, as amended by this Act, then, notwithstanding any other provision in title II of the Social Security Act, such deceased individual's average monthly wage shall,