(2) (A) Except as provided in subsection (q) of this section, paragraph (4) of this subsection, and subparagraph (B) of this paragraph, such widow's insurance benefit for each month shall be equal to the primary insurance amount of such deceased individual.

(B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q) of this section, the widow's insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow's insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q) of this section) is greater than—

(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q) of this section) for such month if such individual were still living, and

(ii) 822 percent of the primary insurance amount of such deceased individual.

be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).

(6) The waiting period referred to in paragraph (1) (F), in the case of any widow or surviving divorced wife, is the earliest period of five consecutive calendar months

(A) throughout which she has been under a disability, and

(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the seventeenth month before the month in which her application is filed, or (ii) the first day of the fifth month before the month in which the period specified in paragraph (5) begins.

(7) In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under section 102(g) of the Social Security Amendments of 1972, such benefits shall not be redetermined pursuant to such section, but shall be increased pursuant to any general benefit increase (as defined in section 415 (i) (3) of this title) or any increase in benefits made under or pursuant to section 415 (i) of this title, including for this purpose the increase provided effective for March 1974, as though such redetermination had been made.

(f) Widower's insurance benefits.

(1) The widower (as defined in section 416(g) of this title) of an individual who died a fully insured individual, if such widower

(B) (i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423 (d) of the title) which began before the end of the period specified in paragraph (6).

(C) has filed application for widower's insurance benefits or was entitled to husband's insur

ance benefits, on the basis of the wages and selfemployment income of such individual, for the month preceding the month in which she died, and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title,

(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than the primary insurance amount of his deceased wife,

shall be entitled to a widower's insurance benefit for each month, beginning with

(G) if he satisfies subparagraph (B) by reason of clause (ii) thereof

and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding the primary insurance amount of his deceased wife, or, if he became entitled to such benefits before he attained age 60, the third month following the month in which his disability ceases (unless he attains age 65 on or before the last day of such third month).

(3) (A) Except as provided in subsection (q) of this section, paragraph (5) of this subsection, and subparagraph (B) of this paragraph, such widower's insurance benefit for each month shall be equal to the primary insurance amount of his deceased wife. (B) If the deceased wife (on the basis of whose wages and self-employment income a widower is entitled to widower's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q) of this section, the widower's insurance benefit of such widower for any month shall, if the amount of the widower's insurance benefit of such widower (as determined under subparagraph (A) and after application of subsection (q) of this section) is greater than

(i) the amount of the old-age insurance benefit to which such deceased wife would have been entitled (after application of subsection (q) of this section) for such month if such wife were still living; and

(ii) 822 percent of the primary insurance amount of such deceased wife;

be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).

(5) If a widower, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4) of this subsection), such marriage shall, for purposes of paragraph (1) of this subsection, be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (3) of this subsection and subsection (q) of this section, such widower's insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is

otherwise terminated, shall be equal to one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.

(6) The period referred to in paragraph (1)(B) (ii), in the case of any widower, is the period beginning with whichever of the following is the latest:

and ending with the month before the month in which he attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began.

(7) The waiting period referred to in paragraph (1) (G), in the case of any widower, is the earliest period of five consecutive calendar months

(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the seventeenth month before the month in which his application is filed, or (ii) the first day of the fifth month before the month in which the period specified in paragraph (6) begins.

(8) In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under section 102(g) of the Social Security Amendments of 1972, such benefits shall not be redetermined pursuant to such section, but shall be increased pursuant to any general benefit increase (as defined in section 415(i)(3) of this title) or any increase in benefits made under or pursuant to section 415 (i) of this title, including for this purpose the increase provided effective for March 1974, as though such redetermination had been made.

(g) Mother's insurance benefits.

(1) The widow and every surviving divorced mother (as defined in section 416(d) of this title) of an individual who died a fully or currently insured individual, if such widow or surviving divorced mother

(F) in the case of a surviving divorced mother-
(i) the child referred to in subparagraph (E)
is her son, daughter, or legally adopted child,
and

(ii) the benefits referred to in such subparagraph are payable on the basis of such individual's wages and self-employment income, shall (subject to subsection (s) of this section) be entitled to a mother's insurance benefit for each month, beginning with the first month after August 1950 in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: no child of such deceased individual is entitled to a child's insurance benefit, such widow or surviving divorced mother becomes entitled to an old-age insurance benefit equal to or exceeding three-fourths of the primary insurance amount of such deceased individual, she becomes entitled to a widow's insurance benefit, she remarries, or she dies. Entitlement to such benefits shall also end, in the case of a surviving divorced mother, with the month immediately preceding the first month in

which no son, daughter, or legally adopted child of such surviving divorced mother is entitled to a child's insurance benefit on the basis of the wages and self-employment income of such deceased individual.

(i) Lump-sum death payments.

(2) if all of the burial expenses of such insured individual which were incurred by or through a funeral home or funeral homes have been paid (including payments made under clause (1)), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid such burial expenses;

(3) if the body of such insured individual is not available for burial but expenses were incurred with respect to such individual in connection with a memorial service, a memorial marker, a site for the marker, or any other item of a kind for which expenses are customarily incurred in connection with a death and such expenses have been paid, to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid such expenses; or

(4) if any part of the amount payable under this subsection remains after payments have been made pursuant to clauses (1), (2), and (3), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid other expenses in connection with the burial of such insured individual, in the following order of priority: (A) expenses of opening and closing the grave of such insured individual, (B) expenses of providing the burial plot of such insured individual, and (C) any remaining expenses in connection with the burial of such insured individual.

(k) Simultaneous entitlement to benefits.

(2) (A) Any child who under the preceding provisions of this section is entitled for any month to child's insurance benefits on the wages and selfemployment income of more than one insured individual shall, notwithstanding such provisions, be entitled to only one of such child's insurance benefits for such month. Such child's insurance benefits for such month shall be the benefit based on the wages and self-employment income of the insured individual who has the greatest primary insurance amount, except that such child's insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) of this section (without the application of section 403 (a) of this title) or subsection (m) of this section if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 403 (a) of this title) than the benefit which would be applicable if such child were entitled on the wages and self-employment income of the individual with the greatest primary insurance amount. Where more than one child is entitled to child's insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled

on the wages and self-employment income of the same insured individuals shall be entitled on the wages and self-employment income of the same such insured individual.

(3) (A) If an individual is entitled to an old-age or disability insurance benefit for any month and to any other monthly insurance benefit for such month, such other insurance benefit for such month, after any reduction under subsection (q), subsection (e) (2) or (f) (3) of this section, and any reduction under section 403 (a) of this title, shall be reduced, but not below zero, by an amount equal to such old-age or disability insurance benefit (after reduction under such subsection (q) of this section).

(m) Minimum survivor's benefit.

(1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of the wages and self-employment income of a deceased individual for any month and no other person is (without the application of subsection (j) (1) of this section) entitled to a monthly benefit under this section for such month on the basis of such wages and self-employment income, such individual's benefit amount for such month, prior to reduction under subsection (k) (3) of this section, shall be not less than the first amount appearing in column IV of the table in (or deemed to be in) section 415 (a) of this title, except as provided in paragraph (2).

(2) In the case of any such individual who is entitled to a monthly benefit under subsection (e) or (f) of this section, such individual's benefit amount, after reduction under subsection (q) (1) of this section, shall be not less than

(A) $84.50, if his first month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or

(B) $84.50 reduced under subsection (q) (1) of this section as if retirement age as specified in subsection (q) (6) (A) (ii) of this section were age 62 instead of the age specified in subsection (q) (9) of this section, if his first month of entitlement to such benefit is before the month in which he attained age 62.

(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) of this section for a month prior to any month after 1972 for which a general benefit increase under this subchapter (as defined in section 415 (i) (3) of this title) or a benefit increase under section 415 (1) of this title becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q) (1) of this section pursuant to paragraph (2) (B) and subsection (q) (4) of this section.

(q) Reduction of benefit amounts for certain beneficiaries.

(1) If the first month for which an individual is entitled to an old-age, wife's, husband's, widow's,

or widower's insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by

(A) 5% of 1 percent of such amount if such benefit is an old-age insurance benefit, 2536 of 1 percent of such amount if such benefit is a wife's or husband's insurance benefit, or 1940 of 1 percent of such amount if such benefit is a widow's or widower's insurance benefit, multiplied by

(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6) (A)), if such benefit is for a month before the month in which such individual attains retirement age, or

(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age;

and in the case of a widow or widower whose first month of entitlement to a widow's or widower's insurance benefit is a month before the month in which such widow or widower attains age 60, such benefit, reduced pursuant to the preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), shall be further reduced by

(C) 43240 of 1 percent of the amount of such benefit, multiplied by

(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6) (B)), if such benefit is for a month before the month in which such individual attains age 62, or

(ii) if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains age 62 or any month thereafter.

(3)

(E) If the first month for which an individual is entitled to an old-age insurance benefit (whether such first month occurs before, with, or after the month in which such individual attains the age of 65) is a month for which such individual is also (or would, but for subsection (e) (1) of this section in the case of a widow or surviving divorced wife or subsection (f) (1) of this section in the case of a widower, be) entitled to a widow's or widower's insurance benefit to which such individual was first entitled for a month before she attained retirement age, then such old-age insurance benefit shall be reduced by whichever of the following is the larger:

(ii) the amount equal to the sum of (I) the amount by which such widow's or widower's insurance benefit would be reduced under paragraph (1) if the period specified in paragraph

(6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow's or widower's insurance benefit (before reduction under this subsection)

(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) of this section in the case of a widow or surviving divorced wife or subsection (f) (1) of this section in the case of a widower, be) entitled to a widow's or widower's insurance benefit to which such individual was first entitled for a month before she or he attained retirement age, then such disability insurance benefit for each month shall be reduced by whichever of the following is larger:

(ii) the amount equal to the sum of (I) the amount by which such widow's or widower's insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) 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 or widower'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) of this section in the case of a widow or surviving divorced wife or subsection (f) (1) of this section in the case of a widower, 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 or widower's insurance benefit would be reduced under paragraphs (1) and (4) for such month as if the period specified in paragraph (6) (A) (or, if such paragraph does not apply, the period specified in paragraph (6) (B)) ended with the month before the first month for which he most recently became entitled to a disability insurance benefit.

(H) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow's or widower's insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for a month before she or he became entitled to a widow's or widower's benefit, the reduction in such widow's or widower's insurance benefit shall be determined under paragraph (1).

(7) For purposes of this subsection the "adjusted reduction period" for an individual's old-age, wife's,

husband's, widow's, or widower's insurance benefit is the reduction period prescribed in paragraph (6) (A) for such benefit, and the "additional adjusted reduction period" for an individual's, widow's, or widower's insurance benefit is the additional reduction period prescribed by paragraph (6) (B) for such benefit, excluding from each such period

(E) in the case of widow's or widower's insurance benefits, any month before the month in which she or he attained age 62, and also for any later month before the month in which he attained retirement age, for which she or he was not entitled to such benefit because of the occurrence of an event that terminated her or his entitlement to such benefits, and

(9) For puropses of this subsection, the term "retirement age" means age 65.

(s) Child aged 18 or over attending school.

(1) For the purposes of subsections (b)(1), (g) (1), (q) (5), and (q) (7) of this section and paragraphs (2), (3), and (4) of section 403 (c) of this title, a child who is entitled to child's insurance benefits under subsection (d) of this section for any month, and who has attained the age of 18 but is not in such month under a disability (as defined in section 423 (d) of this title), shall be deemed not entitled to such benefits for such month, unless he was under such a disability in the third month before such month.

(2) Subsection (f) (4), and so much of subsections (b) (3), (d) (5), (e) (3), (g) (3), and (h) (4) of this section as precedes the semicolon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as defined in section 423 (d) of this title) or had been under such a disability in the third month before the month in which such marriage occurred.

(3) Subsections (c) (2) (B) and (f) (2) (B) of this section, so much of subsections (b) (3), (d) (5), (e) (3), (g) (3), and (h) (4) of this section as follows the semicolon, the last sentence of subsection (c) of section 403 of this title, subsection (f) (1) (C) of section 403 of this title, and subsections (b) (3) (B), (c) (6) (B), (f) (3) (B), and (g) (6) (B) of section 416 of this title shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 423 (d) of this title).

(w) Increase in old-age insurance benefit amounts on account of delayed retirement.

(1) If the first month for which an old-age insurance benefit becames payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q) of this section), the amount of the old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a) (3) of this title)

which is payable without regard to this subsection to such individual shall be increased by

(A) 1/12 of 1 percent of such amount, multiplied by

(B) the number (if any) of the increment months for such individual.

(2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months

(A) which have elapsed after the month before the month in which such individual attained age 65 or (if later) December 1970 and prior to the month in which such individual attained age 72, and

(B) with respect to which

(i) such individual was a fully insured individual (as defined in section 414(a) of this title), and

(ii) such individual was not entitled to an old-age insurance benefit or suffered deductions under section 403(b) or 403 (c) of this title in amounts equal to the amount of such benefit. (3) For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual's increment months through the year for which the determination is made and the total so determined shall be applicable to such individual's old-age insurance benefits beginning with benefits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 72 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit beginning with the month in which he attains such age. (4) This subsection shall be applied after reduction under section 403 (a) of this title.

(5) If an individual's primary insurance amount is determined under paragraph (3) of section 415(a) of this title and, as a result of this subsection, he would be entitled to a higher old-age insurance benefit if his primary insurance amount were determined under section 415(a) of this title without regard to such paragraph, such individual's old-age insurance benefit based upon his primary insurance amount determined under such paragraph shall be increased by an amount equal to the difference between such benefit and the benefit to which he would be entitled if his primary insurance amount were determined under such section without regard to such paragraph. (As amended Dec. 28, 1971, Pub. L. 92-223, § 1, 85 Stat. 802; Oct. 30, 1972, Pub. L. 92-603, title I, §§ 102(a), (b), (d)-(f), 103 (a), (b), 107(a), 108 (a)-(e), 109(a), 110(a), 111(a), 112(a), 113(b), 114 (a)-(c), 116(b), (c), 86 Stat. 1335, 1336, 1338-1340, 1343-1348, 1350; July 9, 1973, Pub. L. 93-66, title II, § 240 (a), 87 Stat. 161; Dec. 31, 1973, Pub. L. 93-233, §§ 1(f), (g), 18(b), 87 Stat. 947, 948, 967.)

REFERENCES IN TEXT

Section 102(g) of the Social Security Amendments of 1972, referred to in subsec. (e) (6), (f) (8), is set out as a note under this section entitled "Redetermination of Widow's and Widower's Benefits for December 1972 and After to Provide for 1972 Increases.

AMENDMENTS

1973-Subsec. (d) (8) (D) (11). Pub. L. 93-66 added item

(III).

Subsec. (e) (7). Pub. L. 93–233, § 1(f), added par. (7). Subsec. (f) (8). Pub. L. 93–233, § 1(g), added par. (8). Subsec. (w) (5). Pub. L. 93–233, § 18(b), added par. (5). 1972 Subsec. (a). Pub. L. 92-603, § 103(b), inserted reference to subsection (w) of this section.

Subsec. (b)(1). Pub. L. 92-603, § 114(a), struck out subpar. (D) which covered support aspects involved with a divorced wife and redesignated subpars. (E) through (L) and subpars. (D) through (K), respectively.

Subsec. (d) (1). Pub. L. 92-603, §§ 108(a)–(c), 112 (a), substituted "age of 22" for “age of eighteen" in subpar. (B) (ii), struck out provisions covering adoption in subpar. (D), inserted "but only if he was not under a disability (as so defined) in such earlier month" in subpar. (F), substituted "age of 18, or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22" for "age of 18" and inserted "but only if he was not under a disability (as so defined) in such earlier month" following "attains the age of 22" in subpar. (G), and added provision prohibiting payments under par. (1) to a child who would not meet the definition of disability in section 423 (d) of this title except for par. (1) (B) thereof for any month in which he engages in substantial gainful activity.

Subsec. (d) (6). Pub. L. 92–603, § 108 (d), designated existing provisions as subpars. (A), (C), and (D), added subpars. (B) and (E), inserted "or is under a disability (as defined in section 423 (d) of this title)" in subpar. (A)(i) as so redesignated, and inserted "but only if he is not under a disability (as so defined) in such earlier month" in subpar. (D) (ii) as so redesignated.

Subsec. (d) (7). Pub. L. 92-603, § 109 (a), added subpar. (D).

Subsec. (d) (8). Pub. L. 92-603, § 111(a), combined into subsec. (d) (8) the provisions formerly set out in both subsecs. (d) (8) and (d) (9) covering adoptions by disability and old-age insurance beneficiaries and struck out provisions covering supervision of an adoption by a public or private child placement agency and provisions covering a special category of adoptions during the 24-month period beginning with the month after the month in which the individual most recently became entitled to disability insurance benefits or became entitled to oldage insurance benefits.

Subsec. (d) (9). Pub. L. 92-603, § 113(b), added subsec. (d) (9). Former subsec. (d) (9) incorporated, as amended, into subsec. (d) (8).

Subsec. (e) (1). Pub. L. 92-603, §§ 102(a)(1), 114(b) (1), struck out subpar. (D) which covered support aspects involved with a surviving divorced wife and redesignated subpars. (E) through (G) as subpars. (D) through (F), respectively, substituted "the primary insurance amount" for "822 percent of the primary insurance amount" in subpar. (D) and in the provisions following subpar. (F), substituted "entitled to wife's insurance benefits," for "entitled, after attainment of age 62, to wife's insurance benefits," in subpar. (C) (1), inserted "and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title," at the end of subpar. (C) (1), and substituted "age 65" for "age 62" in subpar. (C) (11) and in the provisions following subpar. (F).

Subsec. (e) (2). Pub. L. 92-603, § 102 (a) (2), designated existing provisions as subpar. (A) and added subpar. (B) and in subpar. (A) as so designated added reference to subpar. (B) of this par. and substituted "the primary insurance amount" for "822 percent of the primary amount".

Subsec. (e) (6). Pub. L. 92-603, §§ 114(b)(2), 116(b), substituted "five", "seventeenth", and "fifth" for "six", eighteenth", and "sixth", respectively, and "paragraph (1) (F)" for "paragraph (1) (G)”.

Subsec. (f) (1). Pub. L. 92-603, §§ 102(b)(1), 107(a) (1), (2), substituted "age 60" for "age 62" in subpar. (B), substituted "the primary insurance amount" for "822 percent of the primary insurance amount” in subpar. (E) and the provisions following subpar. (G), inserted “and