payment of disability insurance benefits after entitlement to other monthly insurance benefits

payment of disability insurance benefits after entitlement to other monthly insurance benefits Sec. 304. (a) Section 202(h) of the Social Security Act is amended by adding at the end thereof the following new paragraph: “(4) Any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except, that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.” (b) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Old-Age, Disability, Wife’s, Husband’s, or Widow’s Insurance Benefit Amounts” (c) Section 202(a) of such Act is further amended by renumbering paragraphs (2), (3). (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, by renumbering the cross references in such section accordingly, and by inserting after paragraph (1) the following new paragraph: “(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance 79 Stat. 369benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained age 65 in the first month for which he most recently became entitled to a disability insurance benefit.” (d) Subparagraph (B) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by— (1) striking out “benefit” the first time it appears and inserting in lieu thereof “benefit and is not entitled to a disability insurance benefit,”; . (2) striking out in clause (i) thereof “(1),” and inserting in lieu thereof “(1) for such month,”; and (3) striking out in clause (ii) thereof “(1)” and inserting in lieu thereof “(1) for such month”. (e) Subparagraph (C) of paragraph (3)(as redesignated by subsection (c) of this section) of section 202 (q) of such Act is amended to read as follows: “(C) For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, or widow’s insurance benefit shall be reduced by the sum of— “(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such Benefit), and “(ii) the amount by which such wife’s, husband’s, orwidow’s insurance benefit would be reduced under paragraph (I) for such month if it were equal to the excess of such wife’s, husoand’s, or widow’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).” (f) Paragraph (3)(as redesignated by subsection (c) of this section) of section 202(q) is further amended by adding after subparagraph (E)(added by section 307(b)(4) of this Act) the following new subparagraphs: “(F) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs with or after the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger: “(i) the amount by which (but for this subparagraph) such disability insurance benefit would have been reduced under paragraph (2), or “(ii) the amount equal to the sum of the amount by which such widow’s insurance benefit was reduced for the month in which such individual attained retirement age and the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s insurance benefit (before reduction under this subsection). “(G) If the first month for which an individual is entitled to a disability insurance benefit (when such first month occurs before the month in which such individual attains the age of 62) is a month for which such individual is also (or would, but for subsection (e)(1), be) entitled to a widow’s insurance benefit, then such disability insurance benefit for each month shall be reduced by the amount such widow’s insurance benefit would be reduced under paragraphs (1) and 79 Stat. 370(4) for such month had such individual attained age 62 in the first month for which he most recently became entitled to a disability insurance benefit.” (g) Paragraph (4)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out in subparagraph (A) thereof “under” and inserting in lieu thereof: “under paragraph (1) or (31 of”. (h) Paragraph (7)(as redesignated by subsection (c) of this section and as amended by section 307(b)(c) of this Act) of section 202(q) of such Act is amended by adding after subparagraph (E) the following new subparagraph: “(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.” (i) Paragraph (8)(as redesignated by subsection (c) of this section) of section 202(q) of such Act is amended by striking out “(1)” and inserting in lieu thereof “(1), (2),”. (j) Section 202 (r)(2) of such Act is amended by inserting after “eligible” the following: “(but for section 202(k)(4))”. (k) Section 215(a)(4) of such Act is amended by striking out “such disability insurance benefit” and inserting in lieu thereof “the primary insurance amount upon which such disability insurance benefit is based”. (l) Section 216(i)(2) of such Act is amended by striking out “(subject to section 223(a)(3))”. (m) Section 223(a)(2) of such Act is amended by striking out the word “Such” and inserting in lieu thereof “Except as provided in section 202 (q), such”, (n) Section 223(a)(3) of such Act is repealed. (o) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for and after the second month following the month in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted.