Page:United States Statutes at Large Volume 91.djvu/1580

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 1546

PUBLIC LAW 95-216—DEC. 20, 1977

equivalent monthly benefit shall constitute a monthly periodic benefit "Periodic for purposes of subparagraph (A). For purposes of this subparabenefit." graph, the term 'periodic benefit' includes a benefit payable in a lump sum if it is a commutation of, or a substitute for, periodic payments.". (3) Section 202(f)(3)(A) of such Act (as amended by section 204 Ante, p. 1528. (c) of this Act) is amended by striking out "paragraph (5)" in the first sentence and inserting in lieu thereof "paragraphs (2) and (5)". (4)(A) Section 202(f)(7) of such Act is amended by striking out "paragraph (1)(G) " and inserting in lieu thereof "paragraph (1) (F)". 42 USC 426. (B) Section 226(h)(1)(B) of such Act is amended by striking out "subparagraph (G) of section 202(f)(1)" and inserting in lieu thereof "subparagraph (F) of section 202(f)(1)". (5) Section 202(p)(1) of such Act is amended by striking out "subparagraph (C) of subsection (c)(1), clause (i) or (ii) of subparagraph (D) of subsection (f)(l),or". (6) Section 202(s)(3) of such Act is amended by striking out "Subsections" and all that follows down through "so much" and inserting in lieu thereof "So much". (e)(1) Section 202(g)(2) of such Act is amended by striking out "Such" and inserting in lieu thereof "Except as provided in paragraph (4) of this subsection, such". (2) Section 202(g) of such Act is further amended by adding at the end thereof the following new paragraph: "(4)(A) The amount of a mother's insurance benefit for each month to which any individual is entitled under this subsection (as determined after application of subsection (k)) shall be reduced (but not below zero) by an amount equal to the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day such individual was 42 USC 418. employed by such entity, such service did not constitute 'employment' as defined in section 210. Post, p. 1549. "(B) For purposes of this paragraph, any periodic benefit which otherwise meets the requirements of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly benefit (as determined by the Secretary) and such equivalent monthly benefit shall constitute a monthly periodic benefit for purposes of subparagraph (A). For purposes of this subpara"Periodic benefit." graph, the term 'periodic benefit' includes a benefit pavable in a lump sum if it is a commutation of, or a substitute for, periodic payments.". Effective date. (f) The amendments made by this section shall applv with respect to 42 USC 402 note. monthly insurance benefits payable under title IT of the Social Secu42 USC 401. rity Act for months beq-inning with the month in which this Act is enacted, on the basis of applications filed in or after the month in which this A ct is enacted. Effective date. (g)(1) The amendments made by the preceding provisions of this 42 USC 402 note. section shall not apply with respect to any monthly insurance benefit payable, under subsection (b), (c), (e), (f), or (g) (as the case may be) of section 202 of the Social Security Act, to an individual— (A) to whom there is payable for any month within the 60-month period beginning with the month in which this Act is enacted (or who is eligible in any such month for) a monthly periodic benefit (wnthin the meaning of such provisions) based upon such individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as