Page:United States Statutes at Large Volume 81.djvu/894

This page needs to be proofread.

[81 STAT. 860]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 860]

860

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

PART 4—^MISCW.LANEOUS AND TECHNICAL AMENDMENTS ELKiiBiLrn:

O F ADOP'TED

CHILD

FOR M O N T H L Y

BENEFITS

SEC. 150. (a) The second sentence of section 216(e) of the Social 72 Stat. 1028. Security Act is amended by striking out "before the end of two years after the day on which such individual died or the date of enactment of this Act" and inserting in lieu thereof "only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual's surviving spouse before the end of two years after (i) the day on which such individual died or (ii) the date of enactment of the Social 42 USC 30 2 Security Amendments of 1958. note. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security '^L^^'^AV^^^' -^^^ ^^^' i^oiiths after January 1968, but only on the basis of an Ante, p. 833. application filed in or after the month in which this Act is enacted. CRITERIA FOR DETERMINING CHILD S DEPENDENCY ON MOTHER 64 Stat. 484. 42 USC 40 2.

SEC. 151. (a) Section 202(d)(3) of the Social Security Act is amended— (1) by inserting "or his mother or adopting mother" after "his father or adopting father" in the first sentence; and 74 Stat. 952. (2) by striking out ", if such individual is the child's father, in the second sentence. (b) Section 202(d)(4) of such Act is amended by inserting "or stepmother after "stepfather" each place it appears. 72^stat^'io3o^' ^^^ Section 202(d) of such Act is further amended by striking out 79 Stat." 371,397. paragraph (5), and by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (d)(1) The paragraph of section 202(d) of such Act redesignated as paragraph (9) by subsection (c) of this section is amended by striking out "under paragraph (9) " and inserting in lieu thereof "under paragraph (8). 79 Stat. 372. ^2) Paragraphs (2) and (3) of section 202(s) of such Act are each amended by striking out " (d)(6). " and inserting in lieu thereof "(d)(5),". 65 Stat. 689. (8) Section (5)(1)(1) of the Railroad Retirement Act of 1937 is 45 USC 228e. amended— (A) by striking out " (3), (4), or (5) " in the third sentence and inserting in lieu thereof " (3) or (4) "; and 80 Stat. 1084. ^g) jjy striking out "paragraph (8) " in the ninth sentence and inserting in lieu thereof "paragraph (7)". (e) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act 45 us^c 2^28^3- (si'Tid aiinuities accruing under the Railroad Retirement Act of 1937) 228 s-2. for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. R E C O V E R Y O F OVERPAYMENTS

42 USC io\^.^'

SEC. 152. (a) Section 204(a) of the Social Security Act is amended to read as follows: " (a) Whenever the Secretary finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, under regulations prescribed by the Secretary, as follows: