reduced benefits for men at age 62

reduced benefits for men at age 62 Sec. 102. (a) Section 202 of the Social Security Act is amended by striking out “retirement age” and “retirement age (as defined in section 216(a))” each place they appear therein and inserting in lieu thereof “age 62”. (b) (1) Subsections (q) and (r) of section 202 of such Act are amended to read as follows: “Adjustment of Old-Age, Wife’s, or Husband’s Insurance Benefit Amounts in Accordance With Age of Beneficiary “(q) (1) If the first month for which an individual is entitled to an old-age, wife’s, or husband’s insurance benefit is a month before the month in which such individual attains age 65, the amount of such benefit for each month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(A) 5/9 of 1 percent of such amount if such benefit is an old-age insurance benefit, or 25/36 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit; multiplied by “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (5)), if such benefit is for a month before the month in which such individual attains age 65, or “(ii) the number of months in the adjusted reduction period for such benefit (determined under paragraph (6)), if such benefit is for the month in which such individual attains age 65 or for any other month thereafter. 75 Stat. 132 “(2) (A) If the first month for which an individual both is entitled to a wife’s or husband’s insurance benefit and has attained age 62 is a month for which such individual is also entitled to— “(i) an old-age insurance benefit (to which such individual was first entitled for a month before he attains age 65), or “(ii) a disability insurance benefit, then in lieu of any reduction under paragraph (1) (but subject to the succeeding paragraphs of this subsection) such wife’s or husband’s insurance benefit for each month shall be reduced as provided in subparagraph (B), (C), or (D). “(B) For any month for which such individual is entitled to an old-age insurance benefit, such individual’s wife’s or husband’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such old-age insurance benefit is reduced under paragraph (1), and “(ii) the amount by which such wife’s or husband’s insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such wife’s or husband’s insurance benefit (before reduction under this subsection) over such old-age insurance benefit (before reduction under this subsection). “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s or husband’s insurance benefit shall be reduced by the amount by which such benefit would be reduced under paragraph (1) if it were equal to the excess of such benefit (before reduction under this subsection) over such disability insurance benefit. “(D) For any month for which such individual is entitled neither to an old-age insurance benefit nor to a disability insurance benefit, such individual’s wife’s or husband’s insurance benefit shall be reduced by the amount by which it would be reduced under paragraph (1). “(3) If— “(A) an individual is or was entitled to a benefit subject to reduction under this subsection, and “(B) such benefit is increased by reason of an increase in the primary insurance amount of the individual on whose wages and self-employment income such benefit is based, then the amount of the reduction of such benefit for each month shall be computed separately (under paragraph (1) or (2), whichever applies) for the portion of such benefit which constitutes such benefit before any increase described in subparagraph (B), and separately (under paragraph (1) or (2), whichever applies to the benefit being increased) for each such increase. For purposes of determining the amount of the reduction under paragraph (1) or (2) in any such increase, the reduction period and the adjusted reduction period shall be determined as if such increase were a separate benefit to which such individual was entitled for and after the first month for which such increase is effective. “(4) (A) No wife’s insurance benefit shall be reduced under this subsection— “(i) for any month before the first month for which there is in effect 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, or “(ii) for any month in which she has in her care (individually or jointly with the person on whose wages and self-employment income her wife’s insurance benefit is based) a child of such person entitled to child’s insurance benefits. 75 Stat. 133 “(B) Any certificate described in subparagraph (A)(i) shall be effective for purposes of this subsection (and for purposes of preventing deductions under section 203(c)(2))— “(i) for the month in which it is filed and for any month thereafter, and “(ii) for months, in the period designated by the woman filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed; except that such certificate shall not be effective for any month before the month in which she attains age 62, nor shall it be effective for any month to which subparagraph (A)(ii) applies. “(C) If a woman does not have in her care a child described in subparagraph (A)(ii) in the first month for which she is entitled to a wife’s insurance benefit, and if such first month is a month before the month in which she attains age 65, she shall be deemed to have filed in such first month the certificate described in subparagraph (A)(i). “(5) For purposes of this subsection, the ‘reduction period’ for individual’s old-age, wife’s, or husband’s insurance benefit is the period— “(A) beginning— “(i) in the case of an old-age or husband’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or “(ii) in the case of a wife’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (4)(A)(i) is effective, and “(B) ending with the last day of the month before the month in which such individual attains age 65. “(6) For purposes of this subsection, the ‘adjusted reduction period’ for an individual’s old-age, wife’s, or husband’s insurance benefit is the reduction period prescribed by paragraph (5) for such benefit, excluding from such period— “(A) any month in which such benefit was subject to deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b), “(B) in the case of wife’s insurance benefits, any month in which she had in her care (individually or jointly with the person on whose wages and self-employment income such benefit is based) a child of such person entitled to child’s insurance benefits, and “(C) in the case of wife’s or husband’s insurance benefits, any month for which such individual was not entitled to such benefits because the spouse on whose wages and self-employment income such benefits were based ceased to be under a disability. “(7) This subsection shall be applied after reduction under section 203(a) and after application of section 215(g). If the amount of any reduction computed under paragraph (1) or (2) is not a multiple of $0.10, it shall be reduced to the next lower multiple of $0.10. “Presumed Filing of Application by Individuals Eligible for Old-Age Insurance Benefits and for Wife’s or Husband’s Insurance Benefits “(r) (1) If the first month for which an individual is entitled to an old-age insurance benefit is a month before the month in which such individual attains age 65, and if such individual is eligible for a wife’s or husband’s insurance benefit for such first month, such individual shall be deemed to have filed an application in such month for wife’s or husband’s insurance benefits. 75 Stat. 134 “(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. (B) 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 is reduced 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 benefit; 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 75 Stat. 135 section 216(a))” each place they appear therein and inserting in lieu thereof “age 62 (if a woman) or age 65 (if a man)”: (A) section 209(i), (B) the last sentence of section 213(a), (C) section 216(i)(3)(A), (D) the first sentence of section 223(a)(2), and (E) section 223(c)(1)(A). (d) (1) Section 215(a)(4) of such Act is amended to read as follows: “(4) In the case of— “(A) a woman who was entitled to a disability insurance benefit for the month before the month in which she died or became entitled to old-age insurance benefits, or “(B) a man who was entitled to a disability insurance benefit for the month before the month in which he died or attained age 65, the amount in column IV which is equal to such disability insurance benefit.” (2) Section 215(b)(3) of such Act is amended to read as follows: “(3) For purposes of paragraph (2), the number of an individual’s elapsed years is the number of calendar years after 1950 (or, if later, the year in which he attained age 21) and before— “(A) in the case of a woman, the year in which she died or (if earlier) the first year after 1960 in which she both was fully insured and had attained age 62, “(B) in the case of a man who has died, the year in which he died or (if earlier) the first year after 1960 in which he both was fully insured and had attained age 65, or “(C) in the case of a man who has not died, the first year after 1960 in which he attained (or would attain) age 65 or (if later) the first year in which he was fully insured. For purposes of the preceding sentence, any calendar year any part of which was included in a period of disability shall not be included in such number of calendar years.” (3) Section 215(f) of such Act is amended by adding at the end thereof the following new paragraph: “(7) (A) In the case of a man who attains age 65 and who became entitled to old-age insurance benefits before the month in which he attains such age, his primary insurance amount shall be recomputed as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he attained age 65, except that his computation base years referred to in subsection (b)(2) shall include the year in which he attained age 65. Such recomputation shall be effective for and after the month in which he attained age 65. “(B) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall, if any person is entitled to monthly insurance benefits or a lump-sum death payment on the basis of the wages and self-employment income of the decedent, recompute his primary insurance amount as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b)(2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. In the case of monthly insurance benefits, such recomputation of a man’s primary insurance amount shall be effective for and after the month in which he died.” (e) (1) Section 202(b)(1)(C) of such Act is amended to read as follows: 75 Stat. 136 “(C) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of her husband,”. (2) So much of section 202(b)(1) of such Act as follows clause (C) is amended by striking out “equal to or exceeds one-half of an old-age or disability insurance benefit of her husband,” and inserting in lieu thereof “equal to or exceeds one-half of the primary insurance amount of her husband,”. (3) Section 202(b)(2) of such Act is amended by striking out “old-age or disability insurance benefit” and inserting in lieu thereof “primary insurance amount”. (4) Section 202(c)(1)(D) of such Act is amended to read as follows: “(D) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of his wife,”. (5) So much of section 202(c)(1) of such Act as follows clause (D) is amended by striking out “old-age or disability insurance benefit equal to or exceeding one-half of the primary insurance amount of his wife,” and inserting in lieu thereof “old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of his wife,”. (6) Section 202(c)(3) of such Act is amended by striking out “Such” and inserting in lieu thereof “Except as provided in subsection (q), such”. (f) (1) The amendments made by subsection (a) shall apply with respect to monthly benefits for months beginning on or after the effective date of this title based on applications filed in or after March 1961. (2) (A) Except as provided in subparagraphs (B), (C), and (D), section 202(q) of such Act, as amended by subsection (b)(1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title. (B) Section 202(q)(3) of such Act, as amended by subsection (b)(1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title, but only if the increase described in such section 202(q)(3)— (i) is not effective for any month beginning before the effective date of this title, or (ii) is based on an application for a recomputation filed on or after the effective date of this title. (C) In the case of any individual who attained age 65 before the effective date of this title, the adjustment in such individual’s reduction period provided for in section 202(q)(6) of such Act, as amended by subsection (b)(1), shall not apply to such individual unless the total of the months specified in subparagraphs (A), (B), and (C) of such section 202(q)(6) is not less than 3. (D) In the case of any individual entitled to a monthly benefit for the last month beginning before the effective date of this title, if the amount of such benefit for any month thereafter is, solely by reason of the change in section 202(q) of such Act made by subsection (b)(1), lower than the amount of such benefit for such last month, then it shall be increased to the amount of such benefit for such last month. (3) Section 202(r) of such Act, as amended by subsection (b)(1), shall apply only with respect to monthly benefits for months beginning on or after the effective date of this title, except that subpara-75 Stat. 137graph (B) of section 202(r)(2) (as so amended) shall apply only if the first subsequent month described in such subparagraph (B) is a month beginning on or after the effective date of this title. (4) The amendments made by subsection (b)(2) shall take effect on the effective date of this title. (5) The amendments made by subsection (b)(3) shall apply with respect to applications for monthly benefits filed on or after the effective date of this title. (6) The amendments made by subsections (c) and (d)(1) and (2) shall apply with respect to— (A) monthly benefits for months beginning on or after the effective date of this title based on applications filed in or after March 1961, and (B) lump-sum death payments under title II of the Social Security Act in the case of deaths on or after the effective date of this title. (7) The amendment made by subsection (d)(3) shall take effect on the effective date of this title. (8) The amendments made by subsection (e) shall apply with respect to monthly benefits for months beginning on or after the effective date of this title. (9) For purposes of this subsection, the term “monthly benefits” means monthly insurance benefits under title II of the Social Security Act.