Pub. L. 103-296, tit. III, sec. 310

MAXIMUM FAMILY BENEFITS IN GUARANTEE CASES.

EnactedYear: 1994Length: 494 wordsOfficial source
SEC. 310. MAXIMUM FAMILY BENEFITS IN GUARANTEE CASES. (a) In General.— Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: “(10) (A) Subject to subparagraphs (B) and (C)— “(i) the total monthly benefits to which beneficiaries may be entitled under sections 202 and 223 for a month on the basis of the wages and self-employment income of an individual whose primary insurance amount is computed under section 215(a)(2)(B)(i) shall equal the total monthly benefits which were authorized by this section with respect to such individual’s primary insurance amount for the last month of his prior entitlement to disability insurance benefits, increased for this purpose by the general benefit increases and other increases under section 215(i) that would have applied to such total monthly benefits had the individual remained entitled to disability insurance benefits until the month in which he became entitled to old-age insurance benefits or reentitled to disability insurance benefits or died, and “(ii) the total monthly benefits to which beneficiaries may be entitled under sections 202 and 223 for a month on the basis of the wages and self-employment income of an individual whose primary insurance amount is computed under section 215(a)(2)(C) shall equal the total monthly benefits which were authorized by this section with respect to such individual’s primary insurance amount for the last month of his prior entitlement to disability insurance benefits. “(B) In any case in which— “(i) the total monthly benefits with respect to such individual’s primary insurance amount for the last month of his prior entitlement to disability insurance benefits was computed under paragraph (6), and “(ii) the individual’s primary insurance amount is computed under subparagraph (B)(i) or (C) of section 215(a)(2) by reason of the individual’s entitlement to old-age insurance benefits or death, the total monthly benefits shall equal the total monthly benefits that would have been authorized with respect to the primary insurance amount for the last month of his prior entitlement to disability insurance benefits if such total monthly benefits had been computed without regard to paragraph (6). “(C) This paragraph shall apply before the application of paragraph (3)(A), and before the application of section 203(a)(1) of this Act as in effect in December 1978.”. (b) Conforming Amendment.— Section 203(a)(8) of such Act (42 U.S.C. 403(a)(8)) is amended by striking “Subject to paragraph108 STAT. 1525 (7),” and inserting “Subject to paragraph (7) and except as otherwise provided in paragraph (10)(C),”. (c) Effective Date.— The amendments made by this section f2VSC403 shall apply for the purpose of determining the total monthly benefits to which beneficiaries may be entitled under sections 202 and 223 of the Social Security Act based on the wages and self-employment income of an individual who— (1) becomes entitled to an old-age insurance benefit under section 202(a) of such Act, (2) becomes reentitled to a disability insurance benefit under section 223 of such Act, or (3) dies, after December 1995.
Pub. L. 103-296, tit. III, sec. 310: MAXIMUM FAMILY BENEFITS IN GUARANTEE CASES. | Justis AI