Pub. L. 92-603, tit. I, sec. 101
special minimum primary insurance amount
special minimum primary insurance amount Sec. 101. (a) Section 215 (a) of the Social Security Act is amended— (1) by striking out “paragraph (2)” in the matter preceding subparagraph (A) of paragraph (1) and inserting in lieu thereof “paragraphs (2) and (3)”;, and (2) by inserting after paragraph (2) the following: “(3) Such primary insurance amount shall be an amount equal to $8.50 multiplied by the individual’s years of coverage in excess of 10 in any case in which such amount is higher than the individual’s primary insurance amount as determined under paragraph (1) or (2). For purposes of paragraph (3), an individual’s ‘years of coverage’ is the number (not exceeding 30) equal to the sum of (i) the number (not exceeding 14 and disregarding any fraction) determined by dividing the total of the wages credited to him (including wages deemed to be paid prior to 1951 to such individual under section 217, compensation under the Railroad Retirement Act of 1937 prior to 1951 which is creditable to such individual pursuant to this title, and wages deemed to be paid prior to 1951 to such individual under section 231) for years after 1936 and before 1951 by $900, plus (ii) the number equal to the number of years after 1950 each of which is a computation base year (within the meaning of subsection (b) (2) (C)) and in each 86 Stat. 1334of which he is credited with wages (including wages deemed to be paid to such individual under section 217, compensation under the Railroad Retirement Act of 1937 which is creditable to such individual pursuant to this title, and wages deemed to be paid to such individual under section 229) and self-employment income of not less than 25 percent of the maximum amount which, pursuant to subsection (e), may be counted for such year.” (b) Section 203(a) of such Act is amended by striking out “or” at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof “, or”, and by inserting after paragraph (4) the following new paragraph: “(5) whenever the monthly benefits of such individuals are based on an insured individual’s primary insurance amount which is determined under section 215(a)(3) and such primary insurance amount, does not appear in column IV of the table in (or deemed to be in) section 215(a), the applicable maximum amount in column V of such table shall be the amount in such column that appears on the line on which the next higher primary insurance amount appears in column IV, or, if larger, the largest amount determined for such persons under this subsection for any month prior to October 1972.” (c) Section 215(a) (2) of such Act is amended by striking out “such primary insurance amount shall be” and all that follows and inserting in lieu thereof the following: “such primary insurance amount shall be— “(A) the amount in column IV of such table which is equal to the primary insurance amount upon which such disability insurance benefit is based; except that if such individual was entitled to a disability insurance benefit under section 223 for the month before the effective month of a new table (whether enacted by another law or deemed to be such table under subsection (i)(2)(D)) and in the following month became entitled to an old-age insurance benefit, or he died in such following month, then his primary insurance amount for such following month shall be the amount in column IV of the new table on the line on which in column II of such table appeal’s his primary insurance amount for the month before the effective month of the table (as determined under subsection (c)) instead of the amount in column IV equal to the primary insurance amount on which his disability insurance benefit is based. For purposes of this paragraph, the term ‘primary insurance amount’ with respect to any individual means only a primary insurance amount determined under paragraph (1) (and such individual’s benefits shall be deemed to be based upon the primary insurance amount as so determined); or “(B) an amount equal to the primary insurance amount upon which such disability insurance benefit, is based if such primary insurance amount was determined under paragraph (3).” (d) Section 215(f)(2) of such Act is amended by striking out “subsection (a) (1) (A) and (C)” and inserting in lieu thereof “subsections (a)(1) (A) and (C) and (a)(3)”. (e) Section 215(i)(2) (A) (ii) of such Act is amended by striking out “under this title” and inserting in lieu thereof “under this title (but not including a primary insurance amount determined under subsection (a)(3) of this section)”. (f) Whenever an insured individual is entitled to benefits for a month which are based on a primary insurance amount under paragraph (1) or paragraph (3) of section 215(a) of the Social Security 86 Stat. 1335Act and for the following month such primary insurance amount is increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215(a), such individual’s old-age or disability insurance benefit (beginning with the effective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insurance amount and the primary insurance amount on which such benefit was based for the month prior to such effective month, after the application of section 202(g) of such Act where applicable, to such difference. (g) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for months after December 1972 (without regard to when the insured individual became entitled to such benefits or when he died) and with respect to lump-sum death payments under such title in the case of deaths occurring after such month.