Page:United States Statutes at Large Volume 74.djvu/1001

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[74 Stat. 961]
[74 Stat. 961]
PUBLIC LAW 86-000—MMMM. DD, 1960

74

STAT.]

PUBLIC LAW 86-778-SEPT. 13, 1960

evidence available to him at the time of the computation of the primary insurance amount for such individual, that the inclusion of such year would result in a higher primary insurance amount. Any calendar year all of which is included in a period of disability shall not be included as a computation base year. "(3) For the purposes of paragraph (2), an individual's 'elapsed years' shall be the number of calendar years— " (A) after (i) December 31, 1950, or (ii) if later, December 31 of the year in which he attained the age of twenty-one, and " (B) prior to (i) the year in which he died, or (ii) if earlier, the first year after December 31, 1960, in which he both was fully insured and had attained retirement age. For the purposes of the preceding sentence, any calendar year any part of which was included in a period of disability shall not be mcluded in such number of calendar years. "(4) The provisions of this subsection shall be applicable only in the case of an individual with respect to whom not less than six of the quarters elapsing after 1950 are quarters of coverage, and— " (A) who becomes entitled to benefits after December 1960 under section 202(a) or section 223; or " (B) who dies after December 1960 without being entitled to benefits under section 202(a) or section 223; or " (C) who files an application for a recomputation under subsection (f)(2)(A) after December 1960 and is (or would, but for the provisions of subsection (f)(6), be) entitled to have his primary insurance amount recomputed under subsection (f)(2)(A) j or " (D) who dies after December 1960 and whose survivors are (or would, but for the provisions of subsection (f)(6), be) entitled to a recomputation of his primary insurance amount under subsection (f)(4). "(5) I n the case of any individual— " (A) to whom the provisions of this subsection are not made applicable by paragraph (4), but " (B)(i) prior to 1961, met the requirements of this paragraph (including subparagraph (E) thereof) as in effect prior to the enactment of the Social Security Amendments of 1960, or (ii) after 1960, meets the conditions of subparagraph (E) of this paragraph as in effect prior to such enactment, then the provisions of this subsection as in effect prior to such enactment shall apply to such individual for the purposes of column III of the table appearing in subsection (a) of this section." (b) Section 2 1 5 (c)(2)(B) of such Act is amended to read as follows: " (B) to whom the provisions of neither paragraph (4) nor paragraph (5) of subsection (b) are applicable." (c)(1) Section 215(d)(1)(A) of such Act is amended to read as follows: " (A) In the computation of such benefit, such individual's average monthly wage shall (in lieu of being determined under section 209(f) of this title as in effect prior to the enactment of such amendments) be determined as provided in subsection (b) of this section (but without regard to paragraphs (4) and (5) thereof), except that for the purposes of paragraphs (2)(C)(i) and (3)(A)(i) of subsection (b), December 31, 1936, shall be used instead of December 31, 1950." (2) Section 2 1 5 (d)(1)(C) of such Act is amended by striking out "any part" and inserting in lieu thereof "all"; and by striking out the last sentence thereof. 48232 0-61-61

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