Page:United States Statutes at Large Volume 75.djvu/174

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[75 Stat. 134]
[75 Stat. 134]
PUBLIC LAW 87-000—MMMM. DD, 1961

184

42 USC 402. 42 USC 423.

Ante, p. 131.

42 USC 416. Supra. 42 USC 402.

42 USC 416.

42 USC 413. 42 USC 416. 42 USC 423.

PUBLIC LAW 87-64-JUNE 30, 1961

[75 S T A T.

"(2) If the first month for which an individual is entitled to a wife's or husband's insurance benefit reduced under subsection (q) is a month before the month in which such individual attains age 65, and if such individual is eligible for an old-age insurance benefit for such first month, such individual shall be deemed to have filed an Application for old-age insurance benefits— " (A) in such month, or " (B) if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit. " (3) For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, he would be entitled to such benefit for such month." (2)(A) Section 202(s) of the Social Security Act is hereby repealed. (g) Section 223(a) of such-Act is amended by adding at the end thereof the following new paragraph: "(3) If, for any month before the month in which an individual attains age 65, such individual is entitled to— " (A) a widow's, widower's, or parent's insurance benefit, or " (B) an old-age, wife's, or husband's insurance benefit which jg reduccd under subsection (q) of section 202, such individual may not, for any month after the first month for which such individual is so entitled, become entitled to disability insurance benefits; and a period of disability may not begin with respect to such individual in any month after such first month." (C) Section 223(a)(1) of such Act is amended by striking out "the month in which he attains the age of sixty-five," and inserting in lieu thereof "the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits,". (D) The third sentence of section 216(i)(2) of such Act is amended by striking out "a period of disability shall begin" and inserting in lieu thereof "a period of disability shall (subject to section 223(a)(3)) begin". (3) Section 202(j)(3) of such Act is amended to read as follows: "(3) Notwithstanding the provisions of paragraph (1), an individual may, at his option, waive entitlement to any benefit referred to in paragraph (1) for any one or more consecutive months (beginning with the earliest month for which such individual would otherwise be entitled to such benefit) which occur before the month in which such individual files application for such bsnefit; and, in such case, such individual shall not be considered as entitled to such benefits for any such month or months before such individual filed such application. An individual shall be deemed to have waived such entitlement for any such month for which such benefit would, under the second sentence of paragraph (1), be reduced to zero." (c)(1) Section 216(a) of the Social Security Act is hereby repealed. (2) The following provisions of title II of such Act are amended by striking out "retirement age" each place it appears therein and inserting in lieu thereof "age 62": (A) the next to the last sentence of section 213(a), (B) subsections (b), (c), (f), and (g) of section 216, and (C) the second sentence of section 223(a)(2). (3) The following provisions of title II of such Act are amended by striking out "retirement age" and "retirement age (as defined in