retirement age for women

retirement age for women Sec. 102. (a) Section 216 (a) of the Social Security Act is amended to read as follows: “Retirement Age “(a) The term ‘retirement age’ means— “(1) in the case of a man, age sixty-five, or “(2) in the case of a woman, age sixty-two.” (b) (1) The amendment made by subsection (a) shall apply in the case of benefits under subsection (e) of section 202 of the Social Security Act for months after October 1956, but only, except in the case of an individual who was entitled to wife’s or mother’s insurance benefits under such section 202 for October 1956, or any month thereafter, on the basis of applications filed after the date of enactment of this Act. The amendment made by subsection (a) shall apply in the case of benefits under subsection (h) of such section 202 for months after October 1956 on the basis of applications filed after the date of enactment of this Act. (2) Except as provided in paragraphs (1) and (4), the amendment made by subsection (a) shall apply in the case of lump-sum death payments under section 202 (i) of the Social Security Act with respect to deaths after October 1956, and in the case of monthly benefits under title II of such Act for months after October 1956 on the basis of applications filed after the date of enactment of this Act. (3) For purposes of section 215 (b) (3) (B) of the Social Security Act (but subject to paragraphs (1) and (2) of this subsection)— (A) a woman who attains the age of sixty-two prior to November 1956 and who was not eligible for old-age insurance benefits under section 202 of such Act (as in effect prior to the enactment of this Act) for any month prior to November 1956 shall be deemed to have attained the age of sixty-two in 1956 or, if earlier, the year in which she died; (B) a woman shall not, by reason of the amendment made by subsection (a), be deemed to be a fully insured individual before November 1956 or the month in which she died, whichever month is the earlier; and (C) the amendment made by subsection (a) shall not be applicable in the case of any woman who was eligible for old-age insurance benefits under such section 202 for any month prior to November 1956. A woman shall, for purposes of this paragraph, be deemed eligible for old-age insurance benefits under section 202 of the Social Security Act for any month if she was or would have been, upon filing application therefor in such month, entitled to such benefits for such month. (4) For purposes of section 209 (i) of such Act, the amendment made by subsection (a) shall apply only with respect to remuneration paid after October 1956. 70 Stat. 810 (c) Section 202 of the Social Security Act is amended by adding after subsection (p) (added by section 114 of this Act) the following new subsections: “Adjustment of Old-Age and Wife’s Insurance Benefit Amounts in Accordance With Age of Female Beneficiary “(q) (1) The old-age insurance benefit of any woman for any month prior to the month in which she attains the age of sixty-five shall be reduced by— “(A) 5/9 of 1 per centum, multiplied by “(B) the number equal to the number of months in the period beginning with the first day of the first month for which she is entitled to an old-age insurance benefit and ending with the last day of the month before the month in which she would attain the age of sixty-five. “(2) The wife’s insurance benefit of any wife for any month after the month preceding the month in which she attains the age of sixty-two and prior to the month in which she attains the age of sixty-five shall be reduced by— “(A) 25/36 of 1 per centum, multiplied by “(B) the number equal to the number of months in the period beginning with the first day of the first month for which she is entitled to such wife’s insurance benefit and ending with the last day of the month before the month in which she would attain the age of sixty-five, except that in no event shall such period start earlier than the first day of the month in which she attains the age of sixty-two. To preceding provisions of this paragraph shall not apply to the benefit for any month in which such wife has in her care (individually or jointly with the individual on whose wages and self-employment income such wife’s insurance benefit is based) a child entitled to child’s insurance benefits on the basis of such wages and self-employment income. With respect to any month in the period specified in clause (B) of the first sentence, if such wife does not have in such month such a child in her care (individually or jointly with such individual), she shall be deemed to have such a child in her care in such month for the purposes of the preceding sentence unless there is in effect for such month a certificate filed by her with the Secretary, in accordance with regulations prescribed by him, in which she elects to receive wife’s insurance benefits reduced as provided in this subsection. Any certificate filed pursuant to the preceding sentence shall be effective for purposes of such sentence— (i) for the month in which it is filed, and for any month thereafter, if in such month she does not have such a child in her care (individually or jointly with such individual), and (ii) for the period of one or more consecutive months (not exceeding twelve) immediately preceding the month in which such certificate is filed which is designated by her (not including as part of such period any month in which she had such a child in her care (individually or jointly with such individual)). If such a certificate is filed, the period referred to in clause (B) of the first sentence of this paragraph shall commence with the first day of the first month (i) for which she is entitled to a wife’s insurance benefit, (ii) which occurs after the month preceding the month in which she attained the age of sixty-two, and (iii) for which such certificate is effective. “(3) In the case of any woman who is entitled to an old-age insurance benefit to which paragraph (1) is applicable and who, for the 70 Stat. 811 first month for which she is so entitled (but not for any prior month) or for any later month occurring before the month in which she attains the age of sixty-five, is entitled to a wife’s insurance benefit to which paragraph (2) is applicable, the amount of such wife’s insurance benefit for any month prior to the month in which she attains the age of sixty-five shall, in lieu of the reduction provided in paragraph (2), be reduced by the sum of— “(A) an amount equal to the amount by which such old-age insurance benefit for such month is reduced under paragraph (1), plus “(B) an amount equal to— “(i) the number equal to the number of months specified in clause (B) of paragraph (2), multiplied by “(ii) 25/36 of 1 per centum, and further multiplied by “(iii) the excess of such wife’s insurance benefit prior to reduction under this subsection over the old-age insurance benefit prior to reduction under this subsection. “(4) In the case of any woman who is or was entitled to a wife’s insurance benefit to which paragraph (2) is applicable and who, for any month after the first month for which she is or was so entitled (but not for such first month or any earlier month) occurring before the month in which she attains the age of sixty-five, is entitled to an old-age insurance benefit, the amount of such old-age insurance benefit for any month prior to the month in which she attains the age of sixty-five shall, in lieu of the reduction provided in paragraph (1), be reduced by the sum of— “(A) an amount equal to the amount by which such wife’s insurance benefit is reduced under paragraph (2) for such month (or, if she is not entitled to a wife’s insurance benefit for such month, by an amount equal to the amount by which such benefit was reduced for the last month for which she was entitled thereto), plus “(B) if the old-age insurance benefit for such month prior to reduction under this subsection exceeds such wife’s insurance benefit prior to reduction under this subsection, an amount equal to— “(i) the number equal to the number of months specified in clause (B) of paragraph (1), multiplied by “(ii) 5/9 of 1 per centum, and further multiplied by “(iii) the excess of such old-age insurance benefit over such wife’s insurance benefit. “(5) In the case of any woman who is entitled to an old-age insurance benefit for the month in which she attains the age of sixty-five or any month thereafter, such benefit for such month shall, if she was also entitled to such benefit for any one or more months prior to the month in which she attained the age of sixty-five and such benefit for any such prior month was reduced under paragraph (1) or (4), be reduced as provided in such paragraph, except that there shall be subtracted, from the number specified in clause (B) of such paragraph— “(A) the number equal to the number of months for which such benefit was reduced under such paragraph, but for which such benefit was subject to deductions under paragraph (1) or (2) of section 203 (b), and except that, in the case of any such benefit reduced under paragraph (4), there also shall be subtracted from the number specified in clause (B) of paragraph (2), for the purpose of computing the amount referred to in clause (A) of paragraph (4)— 70 Stat. 812 “(B) the number equal to the number of months for which the wife’s insurance benefit was reduced under such paragraph (2), but for which such benefit was subject to deductions under paragraph (1) or (2) of section 203 (b) or under section 203 (c), and “(C) the number equal to the number of months occurring after the first month for which such wife’s insurance benefit was reduced under such paragraph (2) in which she had in her care (individually or jointly with the individual on whose wages and self-employment income such benefit is based) a child of such individual entitled to child’s insurance benefits. Such subtraction shall be made only if the total of such months specified in clauses (A), (B), and (C) of the preceding sentence is not less than three. For purposes of clauses (B) and (C) of this paragraph, a wife’s insurance benefit shall not be considered terminated for any reason prior to the month in which she attains the age of sixty-five. “(6) In the case of any woman who is entitled to a wife’s insurance benefit for the month in which she attains the age of sixty-five or any month thereafter, such benefit for such month shall, if she was also entitled to such benefit for any one or more months prior to the month in which she attained the age of sixty-five and such benefit for any such prior month was reduced under paragraph (2) or (3), be reduced as provided in such paragraph, except that there shall be be subtracted from the number specified in clause (B) of such paragraph— “(A) the number equal to the number of months for which such benefit was reduced under such paragraph, but for which such benefit was subject to deductions under paragraph (1) or (2) of section 203 (b) or under section 203 (c), and “(B) the number equal to the number of months, occurring after the first month for which such benefit was reduced under such paragraph, in which she had in her care (individually or jointly with the individual on whose wages and self-employment income such benefit is based) a child of such individual entitled to child’s insurance benefits, and except that, in the case of any such benefit reduced under paragraph (3), there also shall be subtracted from the number specified in clause (B) of paragraph (1), for the purpose of computing the amount referred to in clause (A) of paragraph (3)— “(C) the number equal to the number of months for which the old-age insurance benefit was reduced under such paragraph (1) but for which such benefit was subject to deductions under paragraph (1) or (2) of section 203 (b). Such subtraction shall be made only if the total of such months specified in clauses (A), (B), and (C) of the preceding sentence is not less than three. “(7) In the case of a woman who is entitled to an old-age insurance benefit to which paragraph (5) is applicable and who, for the month in which she attains the age of sixty-five (but not for any prior month) or for any later month, is entitled to a wife’s insurance benefit, the amount of such wife’s insurance benefit for any month shall be reduced by an amount equal to the amount by which the old-age insurance benefit is reduced under paragraph (5) for such month. “(8) In the case of a woman who is or was entitled to a wife’s insurance benefit to which paragraph (2) was applicable and who, for the month in which she attains the age of sixty-five (but not for any prior month) or for any later month, is entitled to an old-age insurance benefit, the amount of such old-age insurance benefit for any month shall be reduced by an amount equal to the amount by which the wife’s insurance benefit is reduced under paragraph (6) for such month (or, 70 Stat. 813 if she is not entitled to a wife’s insurance benefit for such month, by (i) an amount equal to the amount by which such benefit for the last month for which she was entitled thereto was reduced, or (ii) if smaller, an amount equal to the amount by which such benefit would have been reduced under paragraph (6) for the month in which she attained the age of sixty-five if entitlement to such benefit had not terminated before such month). “(9) The preceding paragraphs shall be applied to old-age insurance benefits and wife’s insurance benefits after reduction under section 203 (a) and application of section 215 (g). If the amount of any reduction computed under paragraph (1), under paragraph (2), under clause (A) or clause (B) of paragraph (3), or under clause (A) or clause (B) of paragraph (4) is not a multiple of $0.10, it shall be reduced to the next lower multiple of $0.10. “Presumed Filing of Application by Woman Eligible for Old-Age and Wife’s Insurance Benefits “(r) Any woman who becomes entitled to an old-age insurance benefit for any month prior to the month in which she attains the age of sixty-five and who is eligible for a wife’s insurance benefit for the same month shall be deemed to have filed an application in such month for wife’s insurance benefits. Any woman who becomes entitled to a wife’s insurance benefit for any month prior to the month in which she attains the age of sixty-five and who is eligible for an old-age insurance benefit for the same month shall be deemed, unless she has in such month a child in her care (individually or jointly with the individual on whose wages and self-employment income her wife’s insurance benefits are based) a child entitled to child’s insurance benefits on the basis of such wages and self-employment income, to have filed an application in such month for old-age insurance benefits. 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, she would have been entitled to such benefit for such month. “Female Disability Insurance Beneficiary “(s) (1) If any woman becomes entitled to a widow’s insurance benefit or parent’s insurance benefit for a month before the month in which she attains the age of sixty-five, or becomes entitled to an old-age insurance benefit or wife’s insurance benefit for a month before the month in which she attains the age of sixty-five which is reduced under the provisions of subsection (q), such individual may not thereafter become entitled to disability insurance benefits under this title. “(2) If a woman would, but for the provisions of subsection (k) (2) (B), be entitled for any month to a disability insurance benefit and to a wife’s insurance benefit, subsection (q) shall be applicable to such wife’s insurance benefit for such month only to the extent it exceeds such disability insurance benefit for such month. “(3) The entitlement of any woman to disability insurance benefits shall terminate with the month before the month in which she becomes entitled to old-age insurance benefits.” (d) (1) The last sentence of subsection (a) of section 202 of such Act is amended by striking out “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (2) Clause (D) of subsection (b) (1) of such section is amended to read as follows: “(D) is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits based on a primary insurance amount 70 Stat. 814 which is less than one-half of an old-age insurance benefit of her husband,”. (3) So much of such subsection as follows clause (D) is amended by striking out “or she becomes entitled to an old-age insurance benefit equal to or exceeding one-half of an old-age insurance benefit of her husband” and inserting in lieu thereof “or she becomes entitled to an old-age insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of an old-age insurance benefit of her husband”. (4) Subsection (b) (2) of such section is amended by striking out “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (5) Paragraph (1) (E) of subsection (c) of section 202 of such Act is amended by striking out “an old-age insurance benefit of his wife” and inserting in lieu thereof “the primary insurance amount of his wife”. (6) So much of paragraph (1) of such subsection as follows clause (E) is amended by striking out “an old-age insurance benefit of his wife” and inserting in lieu thereof “the primary insurance amount of his wife”. (7) Paragraph (2) of such subsection and the first sentence of subsection (d) (2) of such section are each amended by striking out “old-age insurance benefit” and inserting in lieu thereof “primary insurance amount”. (8) Subsection (j) of such section is amended by adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of paragraph (1), a woman may, at her option, waive entitlement to old-age insurance benefits or wife’s insurance benefits for any one or more consecutive months which occur— “(A) after the month before the month in which she attains the age of sixty-two, “(B) prior to the month in which she attains the age of sixty-five, and “(C) prior to the month in which she files application for such benefits; and, in such case, she shall not be considered as entitled to such benefits for any such month or months before she filed such application. A woman 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.” (9) Subsection (k) (3) of such section is amended to read as follows: “(3) If an individual is entitled to an old-age insurance benefit for any month and to any other monthly insurance benefit for such month, such other insurance benefit for such month, after any reduction under subsection (q) and any reduction under section 203 (a), shall be reduced, but not below zero, by an amount equal to such old-age insurance benefit (after reduction under such subsection (q)).” (10) Subsection (m) of such section is amended by inserting “and subsection (q)” after “subsection (k) (3)” each time it appears therein. (11) Section 203 (b) (3) of such Act is amended to read as follows: “(3) in which such individual, if a wife under age 65 entitled to a wife’s insurance benefit, did not have in her care (individually or jointly with her husband) a child of her husband entitled to a child’s insurance benefit and such wife’s insurance benefit for such mouth was not reduced under the provisions of section 202 (q); or”. 70 Stat. 815 (12) The second and fourth sentences of section 216 (i) (2) of such Act are each amended by striking out “retirement age” and inserting in lieu thereof “the age of sixty-five”.