computation and recomputation of benefits

computation and recomputation of benefits Sec. 302. (a) (1) Subparagraph (C) of section 215 (b)(2) of the Social Security Act is amended to read as follows: “(C) For purposes of subparagraph (B), ‘computation base years’ include only calendar years in the period after 1950 and prior to the earlier of the following years— “(i) the year in which occurred (whether by reason of section 202(j)(1) or otherwise) the first month for which the individual was entitled to old-age insurance benefits, or “(ii) the year succeeding the year in which he died. Any calendar year all of which is included in a period of disability shall not be included as a computation base year.” (2) Clauses (A), (B), and (C) of the first sentence of section 215(b)(3) of such Act are amended to read as follows: “(A) in the case of a woman, the year in which she died or, if it occurred earlier but after 1960, the year in which she attained age 62, “(B) in the case of a man who has died, the year in which he died or, if it occurred earlier but after I960, the year in which he attained age 65, or “(C) in the case of a man who has not died, the year occurring after 1960 in which he attained (or would attain) age 65.” (3) Paragraphs (4) and (5) of section 215(b) of such Act are amended to read as follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after December 1965, to benefits under section 202(a) or section 223; or “(B) who dies after December 1965 without being entitled to benefits under section 202 (a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2), as amended by the Social Security Amendments of 1965; except that it shall not apply to any such individual for purposes of monthly benefits for months before January 1966. 79 Stat. 365 “(5) For the purposes of column III of the table appearing in subsection (a) of this section, the provisions of this subsection, as in effect prior to the enactment of the Social Security Amendments of 1965, snail apply— “(A) in the case of an individual to whom the provisions of this subsection are not made applicable by paragraph (4), but who, on or after the date of the enactment of the Social Security Amendments of 1965 and prior to 1966, met the requirements of this paragraph or paragraph (4), as in effect prior to such enactment, and “(B) with respect to monthly benefits for months before January 1966, in the case of an individual to whom the provisions of this subsection are made applicable by paragraph (4).” (b) (1) Subparagraph (A) of section 215(a)(1) of such Act is amended by striking out “(2)(C)(i) and (3)(A)(i)” and inserting in lieu thereof “(2)(C) and (3)”, by striking out “December 31, 1936,” and inserting in lieu thereof “1936”, and by striking out “December 31, 1950” and inserting in lieu thereof “1950”. (2) Section 215(d)(3) of such Act is amended by striking out “1960” and inserting in lieu thereof “1965” and by striking out “but without regard to whether such individual has six quarters oi coverage after 1950” (c) Section 215(e) of such Act is amended by inserting “and” after the semicolon at the end of paragraph (1), by striking out “; and” at the end of paragraph (2) and insert mg in lieu thereof a period, and by striking out paragraph (3). (d) (1) Paragraph (2) of section 215(f) of such Act is amended to read as follows: “(2) With respect to each year— “(A) which begins after December 31, 1964, and “(B) for any part of which an individual is entitled to old-age insurance benefits, the Secretary shall, at. such time or times and within such period as he may by regulations prescribe, recompute the primary insurance amount of such individual. Such recomputation shall be made— “(C) as provided in subsection (a)(1) and (3) if such year is either the year in which he became entitled to such old-age insurance benefits or the year preceding such year, or “(D) as provided in subsection (a)(1) in any other case; and in all cases such recomputation shall be made as though the year with respect to which such recomputation is made is the last year of the period specified in paragraph (2)(C) of subsection (b). A recomputation under this paragraph with respect to any year shall be effective— “(E) in the case of an.individual who did not die in such year, for monthly benefits beginning with benefits for January of the following year; or “(F) in the case of an individual who died in such year (including any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 205 (o)), for monthly benefits beginning with benefits for the month in which he died.” (2) Effective January 2, 1966, paragraphs (3), (4). and (7) of such section are repealed, and paragraphs (5) and (6) of such section are redesignated as paragraphs (3) and (4), respectively. 79 Stat. 366 (e) (1) The first sentence of section 223(a)(2) of such Act is amended by inserting before the period at the end thereof “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit”. (2) The last sentence of section 223 (a)(2) of such Act is amended by striking out “first year” and inserting in lieu thereof “year”; and by striking out the phrase “both was fully insured and had” both times it appears in such sentence. (f) (1) The amendments made by subsection (c) shall apply only to individuals who become entitled to old-age insurance benefits under section 202(a) of the Social Security Act after 1965. (2) Any individual who would, upon filing an application prior to January 2, 1966, be entitled to a recomputation of his monthly benefit amount for purposes of title II of the Social Security Act shall be deemed to have filed such application on the earliest date on which such application could have been filed, or on the day on which this Act is enacted, whichever is the later. (3) In the case of an individual who died after 1960 and prior to I960 and who was entitled to old-age insurance benefits under section 202(a) of the Social Security Act at the time of his death, the provisions of sections 215(f)(3)(B) and 215(f)(4) of such Act as in effect before the enactment of this Act shall apply. (4) In the case of a man who attains age 65 prior to 1966, or dies before such year, the provisions of section 215(f)(7) of the Social Security Act as in effect before the enactment of this Act shall apply. (5) The amendments made by subsection (e) of this section shall apply in the case of individuals who become entitled to disability insurance benefits under section 223 of the Social Security Act after December 1965. (6) Section 303 (g)(1) of the Social Security Amendments of 1960 is amended— (A) by striking out “notwithstanding the amendments made by the preceding subsections of this section,” in the first sentence and inserting in lieu thereof “notwithstanding the amendments made by the preceding subsections of this section, or the amendments made by section 302 of the Social Security Amendments of 1965,”; and (B) by striking out “Social Security Amendments of 1960,” in the second sentence and inserting in lieu thereof “Social Security Amendments of 1960, or (if such individual becomes entitled to old-age insurance benefits after 1965, or dies after 1965 without becoming so entitled) as amended by the Social Security Amendments of 1965,”. (7) Effective January 2, 1966, subparagraph (B) of section 102(f)(2) of the Social Security Amendments of 1954 is repealed.