adoption of child by retired worker

adoption of child by retired worker Sec. 323. (a) Section 202 (d) of the Social Security Act is amended— (1) by striking out the last sentence in paragraph (1), and (2) by adding at the end thereof (after the new paragraphs added by section 306 of this Act) the following new paragraphs: “(9) In the case of— “(A) an individual entitled to disability insurance benefits, or “(B) an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual most, recently became entitled to disability insurance benefits, but only if— 79 Stat. 398 “(i) proceedings for such adoption of the child had been instituted by such individual in or before the month in which began the period of disability of such individual which still exists at the time of such adoption (or, if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or “(ii) such adopted child was living with such individual in such month. “(10) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (9)) adopts a child after such individual becomes entitled to such benefits, such child shall be deemed not to meet the requirements of clause (i) of paragraph (1)(C) unless such child— “(A) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(B) was legally adopted by such individual before the end of the 24-month period beginning with the month after the month in which such individual became entitled to old-age insurance benefits, but only if— “(i) such child had been receiving at least one-half of his support from such individual for the year before such individual filed his application for old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, for the year before such period of disability began, and “(ii) either proceedings for such adoption of the child had been instituted by such individual in or before the month in which the individual filed his application for old-age insurance benefits or such adopted child was living with such individual in such month.” (b) The amendments made by subsection (a) of this section shall be applicable to persons who file applications, or on whose behalf applications are filed, for benefits under section 202(d) of the Social Security Act on or after the date this section is enacted. The time limit provided by section 202(d)(10)(B) of such Act as amended by this section for legally adopting a child shall not apply in the case of any child who is adopted before the end of the 12-month period following the month in which this section is enacted.