Page:United States Statutes at Large Volume 74.djvu/1003

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[74 Stat. 963]
[74 Stat. 963]
PUBLIC LAW 86-000—MMMM. DD, 1960

74 S T A T. ]

PUBLIC LAW 8 6 - 7 7 8 - S E P T. 13, 1960

of this section, except that such individual's computation base years referred to in subsection (b)(2) shall include the calendar year referred to in the preceding sentence. Such recomputation under this subparagraph shall be effective for and after the first month for which his last previous computation of his primary insurance amount was effective, but in no event for any month prior to the twenty-fourth month before the month in which the application for such recomputation is filed. " (B) In the case of an individual who dies after December 1960 and— " (i) who, at the time of death was not entitled to old-age insurance benefits under section 202(a), or ^^ "^^ *°^"(ii) who became entitled to such old-age insurance benefits after December 1960, or "(iii) whose primary insurance amount was recomputed under paragraph (2) of this subsection on the basis of an application filed after December 1960, or "(iv) whose primary insurance amount was recomputed under paragraph (4) of this subsection, the Secretary shall recompute his primary insurance amount upon the filing of an application by a person entitled to monthly benefits or a lump-sum death payment on the basis of such individual's wages and self-employment income. Such recomputation shall be made as provided in subsection (a)(1) and (3) of this section, except that such individual's computation base years referred to in subsection (b)(2) shall include the calendar year in which he died in the case of an individual who was not entitled to old-age insurance benefits at the time of death or whose primary insurance amount was recomputed under paragraph (4) of this subsection, or in all other cases, the calendar year in which he filed his application for the last previous computation of his primary insurance amount. In the case of monthly oenefits, such recomputation shall be effective for and after the month in which the person entitled to such monthly benefits became so entitled, but in no event for any month prior to the twenty-fourth month before the month in which the application for such recomputation is filed. "(C) In the case of an mdividual who becomes entitled to old-age insurance benefits in a calendar year after 1960, if such individual has self-employment income in a taxable year which begins prior to such calendar year and ends after the last day of the month preceding the month in which he became so entitled, the Secretary shall recompute such individual's primary insurance amount after the close of such taxable year and shall take into account in determining the individual's benefit computation years only such self-employment income in such taxable year as is credited, pursuant to section 212, to the year 42 USC 412. preceding the year in which he became so entitled. Such recomputation shall be effective for and after the first month in which he became entitled to old-age insurance benefits." (4)(A) Section 215(f)(4) of such Act is amended by striking out "1954" in the first sentence and inserting in lieu thereof "1960", and by striking out the second and third sentences and inserting in lieu thereof the following: "If the recomputation is permitted by subaragraph (A), the recomputation shall be made (if at all) as though e had filed application for a recomputation under paragraph (2) (A) in the month in which he died. I f the recomputation is permitted by subparagraph (B), the recomputation shall take into account only the wages and selr-employment income which were considered in the last previous computation of his primary insurance amount and the compensation (described in section 205(o)) paid to him in the years 42 USC 405. in which such wages were paid or to which such self-employment income was credited."

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