payment of benefits in certain cases of in-service or service-connected deaths

payment of benefits in certain cases of in-service or service-connected deaths Sec. 405. (a) In the case of any individual— (1) who dies after December 1956 and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act) at the time of his death; and (2) whose death occurs— (A) while on active duty, active duty for training, or inactive duty training as a member of a uniformed service; or (B) as the result of a disease or injury which the Administrator determines was incurred or aggravated in line of duty while on active duty or active duty for training, or an injury which the Administrator determines was incurred or aggravated in line of duty while on inactive duty training, as a member of a uniformed service after September 15, 1940, if 70 Stat. 875 the Administrator determines that such individual was discharged or released from the period of such active duty, active duty for training, or inactive duty training under conditions other than dishonorable; and (3) who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act on the basis of his wages and self-employment income but who would, upon application therefor, be entitled to such benefits if he had been both fully and currently insured at the time of his death; the Administrator shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act, if such individual had been both fully and currently insured at the time of his death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Administrator. (b) The determination (other than a determination required by subsection (a) (2)) as to whether any survivor described in subsection (a) (3) of a deceased individual would be entitled to benefits under section 202 of the Social Security Act for any month and as to the amount of the benefits which would be paid for such month, if the deceased individual had been a fully and currently insured individual at the time of his death, shall be made by the Secretary of Health, Education, and Welfare, and shall be certified by him to the Administrator upon request of the Administrator. (c) Upon the basis of estimates made by the Secretary of Health, Education, and Welfare after consultation with the Administrator, the Administrator shall pay to the Secretary an amount equal to the costs which will be incurred in making determinations and certifications under subsection (b). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Administrator may prescribe. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period. (d) Except with respect to determinations made under subsection (b), the Administrator shall prescribe such regulations as may be necessary to carry out the provisions of this section.