remarriage of widows and widowers

remarriage of widows and widowers Sec. 336. (a) (1) Section 202(e) (2) (A) of the Social Security Act (as amended by sections 204(a) and 334(c) (1) of this Act) is amended by striking out “paragraphs (4) and (8)” and inserting in lieu thereof “paragraph (8)”. (2) Section 202(e) (3) of such Act is amended by striking out “In the case of a widow or surviving divorced wife who marries” in the matter preceding subparagraph (A) and inserting in lieu thereof “If a widow, before attaining age 60, or a surviving divorced wife, marries”. (3) Section 202(e) (4) of such Act is amended to read as follows: “(4) If a widow, after attaining age 60, marries, such marriage shall, for purposes of paragraph (1), be deemed not to have occurred.”. (b) (1) Section 202(f) (3) (A) of such Act (as amended by sections 204(c) and 334(d) (3) of this Act) is further amended by striking out “paragraphs (2) and (5)” and inserting in lieu thereof “paragraph (2)” (2) Section 202(f) (4) of such Act is amended by striking out “In the case of a widower who remarries” in the matter preceding subparagraph (A) and inserting in lieu thereof “If a widower, before attaining age 60, remarries”. (3) Section 202(f) (5) of such Act is amended to read as follows: “(5) If a widower, after attaining age 60, marries, such marriage shall, for purposes of paragraph (1), be deemed not to have occurred.” (c) (1) The amendments made by this section shall apply only with respect to monthly benefits payable under title II of the Social Security Act for months after December 1978, and, in the case of individuals who are not entitled to benefits of the type involved for December 1978, only on the basis of applications filed on or after January 1, 1979. 91 STAT. 1548 (2) In the case of an individual who was entitled for the month of December 1978 to monthly insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act to which the provisions of subsection (e) (4) or (f) (5) applied, the Secretary shall, if such benefits would be increased by the amendments made by this section, redetermine the amount of such benefits for months after December 1978 as if such amendments had been in effect for the first month for which the provisions of section 202(e) (4) or 202(f) (5) became applicable. (d) Where— (1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act for December 1978 on the basis of the wages and self-employment income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and (2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1979, and (3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1979 is reduced by reason of section 203(a) of such Act as amended by this Act (or would, but for the first sentence of section 203(a) (4), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1978 shall in no case be less after the application of this section and such section 203(a) than the amount it would have been without the application of this section.