(iv) The amounts on each line of column IV and column V shall be increased from the amounts shown in the table immediately prior to its revision by increasing each such amount by the percentage specified in subparagraph (A) (ii) of this paragraph. The amount on each line of column V shall be increased, if necessary, so that such amount is at least equal to one and one-half times the amount shown on the corresponding line in column IV. Any such increased amount which is not a multiple of $0.10 shall be increased to the next higher multiple of $0.10.

(v) If the contribution and benefit base (determined under section 430 of this title) for the calendar year in which the table of benefits is revised is lower than such base for the following calendar year, columns III, IV, and V of such table shall be extended. The amounts on each additional line of column III shall be the amounts on the preceding line increased by $5 until in the last such line of column III the second figure is equal to onetwelfth of the new contribution and benefit base for the calendar year following the calendar year in which such table of benefits is revised. The amount on each additional line of column IV shall be the amount on the preceding line increased by $1.00, until the amount on the last line of such column is equal to the last line of such column as determined under clause (iv) plus 20 percent of one-twelfth of the excess of the new contribution and benefit base for the calendar year following the calendar year in which such table of benefits is revised (as determined under section 430 of this title) over such base for the calendar year in which the table of benefits is revised. The amount in each additional line of column V shall be equal to 1.75 times the amount on the same line of column IV. Any such increased amount which is not a multiple of $0.10 shall be increased to the next higher multiple of $0.10.

(3) As used in this subsection, the term "general benefit increase under this subchapter" means an increase (other than an increase under this subsection) in all primary insurance amounts on which monthly insurance benefits under this subchapter are based. (As amended Mar. 17, 1971, Pub. L. 92-5, title II, §§ 201 (a), (c), (d), 203(a) (4), 85 Stat. 6, 9, 10; July 1, 1972, Pub. L. 92-336, title II, §§ 201 (a), (c)-(f), 202(a) (1), (3), 203(a)(4), 86 Stat. 406, 410-412, 416, 418; Oct. 30, 1972, Pub. L. 92-603, title I, §§ 101(a), (c)-(e), 104(b), 134, 142(b), (c), 144 (a) (1), 86 Stat. 1333, 1334, 1340, 1362, 1368; 1369; July 9, 1973, Pub. L. 93-66, title II, § 203 (a) (4), 87 Stat. 153; Dec. 31, 1973, Pub. L. 93-233, §§ 1(h) (1), 2(a), (d), 3(a)–(h), 5(a) (4), 87 Stat. 948, 952, 953.) REFERENCE IN TEXT

The Railroad Retirement Act of 1937, referred to in text, is classified to section 228a et seq. of Title 45, Railroads.

CODIFICATION

Subsec. (f) (6) as it appears in the main volume was redesignated subsec. (f) (4) by Pub. L. 89-97, § 302 (d) (2).

AMENDMENTS

1973 Subsec. (a). Pub. L. 93-233, § 2(a), in revising the benefits table: in column II, substituted "Primary insurance amount effective for September 1972" for "Pri

mary insurance amount under 1971 Act" and increased benefit amounts to $84.50-$404.50 from $70.40-$295.40; in column III, increased benefit amounts to $76 to $1,096$1,100 from $76 to $996-$1,000; in column IV, increased benefit amounts to $93.80-$469.00 from $84.50-$404.50; and in column V, increased benefit amounts to $140.80$820.80 from $126.80-$707.90.

Subsec. (a) (3). Pub. L. 93-233, § 1(h) (1), substituted "$9.00" for "$8.50".

Subsec. (e) (1). Pub. L. 93–233, § 5(a) (4), substituted "$13,200" for "$12,600".

Pub. L. 93-66 substituted "$12,600" for "$12,000". Subsec. (1) (1) (A) (1). Pub. L. 93–233, § 3(a), substituted "calendar quarter ending on March 31 in each year after 1974" for calendar quarter ending on June 30 in each year after 1972".

Subsec. (1) (1) (B) (ii). Pub. L. 93-233, § 3 (b), substituted in the exception provision "if in the year prior to such year a law has been enacted providing a general benefit increase under this subchapter or if in such prior year such a general benefit increase becomes effective" for "in which a law has been enacted providing a general benefit increase under this subchapter or in which such a benefit increase becomes effective".

Subsec. (1) (2) (A) (i). Pub. L. 93-233, § 3(c), substituted "1975" for "1974" and struck out "and to subparagraph (E) of this paragraph" following "paragraph (1) (B)" in the parenthetical text.

Subsec. (1) (2) (A) (ii). Pub. L. 93-233, § 3(d) (1)–(3), substituted "the base quarter in any year" and "June of such year" for "such base quarter" and "January of the next calendar year" and struck out "(subject to subparagraph (E))" preceding "as provided in subparagraph (B)", respectively.

Subsec. (1) (2) (B). Pub. L. 93-233, § 3 (e), substituted "May" for "December" in two instances and struck out "(subject to subparagraph (E))" following "shall apply". Subsec. (1) (2) (C) (ii). Pub. L. 93-233,§ 3 (f), substituted "within 30 days after the close of such quarter" for "on or before August 15 of such calendar year".

Subsec. (1) (2) (D). Pub. L. 93-233, § 3(g), substituted "within 45 days after the close of such quarter" for "on or before November 1 of such calendar year".

Subsec. (1) (2) (E). Pub. L. 93-233, § 3(h), struck out subpar. (E) providing that "Notwithstanding a determination by the Secretary under subparagraph (A) that a base quarter in any calendar year is a cost-of-living computation quarter (and notwithstanding any notification or publication thereof under subparagraph (C) or (D)), no increase in benefits shall take effect pursuant thereto, and such quarter shall be deemed not to be a cost-of-living computation quarter, if during the calendar year in which such determination is made a law providing a general benefit increase under this subchapter is enacted or becomes effective."

1972 Subsec. (a). Pub. L. 92-336, § 202(a) (3) (A), added "(or, if larger, the amount in column IV of the latest table deemed to be such table under subsection (1) (2) (D))" following "the following table" in par. (1)(A), and "(whether enacted by another law or deemed to be such table under subsection (1) (2) (D))" following "effective month of a new table" in par. (2).

Pub. L. 92-336, § 201(a), revised the benefits table by substituting "Primary insurance amount under 1971 Act" for "Primary insurance amount under 1969 Act" and $70.40-$295.40 for $64.00 or less- $250.70 in column II, adding $751-$996 under minimum average monthly wage subcolumn of column III, adding $755-$1000 under maximum average monthly wage subcolumn of column III, substituting $84.50-$404.50 for $70.40-$295.40 in column IV, and $126.80-$707.90 for $105.60-$517.00 in column V. Pub. L. 92-336, § 201(c), added "The primary insurance amount of an insured individual shall be determined as follows:" following "(a)", redesignated introductory material and pars. (1) to (3) as par. (1) and subpars. (A) to (C) respectively, and as so redesignated, in par. (1) added provision relating to exception in par. (2) and in subpars. (A) to (C) made changes in phraseology, and redesignated par. (4) as par. (2) and as so redesignated, added provisions relating to determination of primary insurance amount where individual was entitled to disability insurance benefits under section 423 of this title.

Subsec. (a)(1). Pub. L. 92-603, § 101(a)(1), inserted reference to paragraph (3) in the provisions preceding subpar. (A).

Subsec. (a)(2). Pub. L. 92-603, § 101(c), designated existing provisions as subpar. (A) and added subpar. (B) and in subpar. (A) as so designated inserted "(whether enacted by another law or deemed to be such table under subsection (1) (2) (D) of this section)".

Subsec. (a) (3). Pub. L. 92-603, § 101(a)(2), added subsec. (a)(3) and provisions following such subsec. (a) (3) covering the individual's "years of coverage" for purposes of subsec. (a) (3).

Pub. L. 92-603, § 144 (a) (1), substituted in column II "254.40" for "251.40" and in column III “696" for "699".

Subsec. (b) (3). Pub. L. 92-603, § 104 (b), struck out provisions setting a separate age computation point for women and reduced from age 65 to age 62 the age computation point for men.

Subsec. (b) (4). Pub. L. 92-336, § 202(a) (3) (B), substituted provisions relating to an individual who becomes entitled to benefits in or after the month in which a new table that appears in (or is deemed by subsec. (1) (2) (D) to appear in) subsec. (a) becomes effective for provisions relating to an individual who becomes entitled to benefits after August 1972 in subpar. (A), substituted provisions relating to an individual who dies in or after the month in which such table becomes effective for provisions relating to an individual who dies after August 1972 in subpar. (B), and added subpar. (C).

Pub. L. 92-336, § 201(d), substituted "August 1972" for "December 1970" in two places.

Subsec. (c). Pub. L. 92-336, § 202(a) (3) (C), substituted provisions relating to the computation of an individual's primary insurance amount based on the law in effect prior to the month in which the latest table appearing in (or is deemed to be appearing in) subsec. (a) of this section becomes effective, for provisions relating to the computation of an individual's primary insurance amount based on the law in effect prior to September 1972 in subpar. (1), and substituted ", or who died, before such effective month" for "before September 1972, or who died before such month" in subpar. (2).

Pub. L. 92-336, § 201(e), substituted "September 1972" for "March 17, 1971" in two places, and "month" for "date".

Subsec. (d) (1) (C) (iv). Pub. L. 92-603, § 142(b), added subsec. (d) (1) (C) (iv).

Subsec. (d) (2). Pub. L. 92-603, §§ 134(b), 142(c), added references to subsec. (f) (6) of this section and section 431 of this title.

Subsec. (e) (1). Pub. L. 92-336, § 203 (a) (4), added provisions eliminating from the computation of an individual's average monthly wage excess amounts in calendar years after 1971 and before 1975, and excess over amounts equal to the contribution and benefit base in the case of any calendar year after 1974 with respect to which such contribution and benefit base is effective.

Subsec. (f) (2). Pub. L. 92-603, §§ 101 (d), 134(a) (1), inserted reference to subsec. (a) (3) of this section in the provisions preceding subpar. (A) and in subpar. (B) struck out provision relating to any individual whose increase in his primary insurance amount is attributable to compensation which, upon his death, is treated as remuneration for employment under section 405 (0) of this title.

Pub. L. 92-336, § 201 (f), substituted "subsection (a) (1) (A) and (C) of this section" for "subsection (a) (1) and (3) of this section."

Subsec. (f) (6). Pub. L. 92-603, § 134(a) (2), added par. (6).

Subsec. (1). Pub. L. 92-336, § 202 (a) (1), added subsec. (1).

Subsec. (1) (2) (A) (ii). Pub. L. 92-603, § 101 (e), inserted "(but not including a primary insurance amount determined under subsection (a)(3) of this section)" after "under this subchapter".

1971-Subsec. (a). Pub. L. 92-5, § 201(a), revised the benefits table by: substituting "Primary insurance amount under 1969 Act" for "Primary insurance amount under 1967 Act" and $64.00 or less-$250.70 for $55.40 or less $218.00 in column II, adding $653-$746 under minimum average monthly wage subcolumn of column III, striking out $650 and adding $652-$750 under maximum

average monthly wage subcolumn of column III, substituting $70.40-$295.40 for $64.00-$250.70 in column IV, and $105.60-$517.00 for $96.00-$434.40 in column V.

Subsec. (b)(4). Pub. L. 92-5, § 201(c), substituted "December 1970" for "December 1969" in two places.

Subsec. (c). Pub. L. 92–5, § 201(d), substituted "prior to March 17, 1971" for "prior to December 30, 1969" in subpar. 1, and substituted "before March 17, 1971, or who died before such date" for "before January 1970, or who died before such month" in subpar. 2.

Subsec. (e) (1). Pub. L. 92–5, § 203 (a)(4), substituted "the excess over $7,800 in the case of any calendar year after 1967 and before 1972, and the excess over $9,000 in the case of any calendar year after 1971" for "and the excess over $7,800 in the case of any calendar year after 1967".

EFFECTIVE DATE OF 1973 AMENDMENTS

Section 1 (h) (2) of Pub. L. 93-233 provided that: "The amendment made by paragraph (1) [to subsec. (a)(3) of this section] shall be effective with respect to benefits payable for months after February 1974."

Section 2(c) of Pub. L. 93-233 provided that: "The amendment made by subsections (a) and (b) [revising subsec. (a) benefits table of this section, amending sections 427 (a), (b) and 428(b)(1)(2), (c) (3) (A), (B) of this title, and repealing section 202(a)(4) of Pub. L. 92336, title II, July 1, 1972, 86 Stat. 416] shall apply with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months after May 1974, and with respect to lump-sum death payments under section 202(1) of such Act [section 402 (1) of this title] in the case of deaths occurring after such month.” Amendment by section 5(a) (4) of Pub. L. 93-233 applicable with respect to calendar years after 1973, see section 5(e) of Pub. L. 93-233, set out as a note under section 409 of this title.

Amendment Pub. L. 93-66 applicable with respect to calendar years after 1973, see section 203 (e) of Pub. L. 93-66, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1972 AMENDMENTS

Section 101 (g) of Pub. L. 92-603 provided that: "The amendments made by this section [amending subsecs. (a), (f), and (i) of this section and section 403(a) of this title] shall apply with respect to monthly insurance benefits under title II of the Social Security Act [this subchapter] 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 [subchapter] in the case of deaths occurring after such month."

Amendment of subsec. (b) (3) of this section by section 104 (b) of Pub. L. 92-603 applicable only in the case of a man who attains (or would attain) age 62 after Dec. 1974, with provision for the determination of the number of elapsed years for purposes of subsec. (b) (3) of this section in the case of a man who attains age 62 prior to 1975, see section 104(J) of Pub. L. 92-603, set out as a note under section 414 of this title.

Amendment by section 144 (a) (1) of Pub. L. 92-603 effective in like manner as if such amendment had been included in Title II of Pub. L. 92-336, see section 144(b) of Pub. L. 92-603, set out as a note under section 403 of this title.

Section 202 (a) (3) (A)–(C) of Pub. L. 92-336, as amended by Pub. L. 93-233, § 2(d), Dec. 31, 1973, 87 Stat. 952, provided in part that amendment of subsecs. (a) (1) (A), (2), (b) (4), and (c) of this section by section 202 (a) (3) (A) (i), (ii), (B), (C) of Pub. L. 92-336 shall be effective June 1, 1974.

Section 201 (1) of Pub. L. 92-336 provided that: "The amendments made by this section [amending subsecs. (a), (b)(4), (c), and (f) (2) of this section and section 403 (a) (2) of this title] (other than the amendments made by subsections (g) and (h)) shall apply with respect to monthly benefits under title II of the Social Security Act [this chapter] for months after August 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after such month. The amendments made by subsection (g) [amending sections 427 and 428 of this title] shall apply with respect to monthly benefits under title II of

such Act for months after August 1972. The amendments made by subsection (h) (1) [amending section 403 (a) (4) of this title] shall apply with respect to monthly benefits under title II of such Act for months after December 1971."

Amendment of subsec. (e)(1) of this section by section 203 (a) (4) of Pub. L. 92-336 applicable only with respect to calendar years after 1972, see section 203 (c) of Pub. L. 92-336. set out as a note under section 409 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 201(e) of Pub. L. 92-5 provided that: "The amendments made by this section [amending subsecs. (a), (b) (4), and (c) of this section and section 403 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [subchapter II of this chapter] for months after December 1970 and with respect to lump-sum death payments under such title in the case of deaths occurring in and after the month in which this Act is enacted [March 1971]."

Amendment of subsec. (e) (1) of this section by Pub. L. 92-5 applicable only with respect to calendar years after 1971, see section 203 (c) of Pub. L. 92-5, set out as a note under section 409 of this title.

COST-OF-LIVING INCREASE IN BENEFITS

Section 3(1) of Pub. L. 93-233 provided that: "For purposes of section 203 (f) (8) [section 403 (f) (8) of this title], so much of section 215(i) (1) (B) [subsec. (1) (1) (B) of this section] as follows the semicolon, and section 230 (a) of the Social Security Act [section 430 (a) of this title], the increase in benefits provided by section 2 of this Act [revising benefits table of subsec. (a) of this section and amending sections 427(a), (b) and 428(b) (1), (2), (c) (3) (A), (B) of this title] shall be considered an increase under section 215(1) of the Social Security Act [subsec. (1) of this section]."

TABLE MODIFICATION AND EXTENSION; EFFECTIVE Date; PUBLICATION IN FEDERAL REGISTER

Section 203 (f) of Pub. L. 93-66 provided that: "Effective June 1, 1974, the Secretary of Health, Education, and Welfare, shall prescribe and publish in the Federal Register such modifications and extensions in the table contained in section 215 (a) of the Social Security Act [subsec. (a) of this section] (which shall be determined in the same manner as the revisions in such table provided for under section 215(1) (2) (D) of such Act [subsec. (1) (2) (D) of this section]) as may be necessary to reflect the amendments [to sections 409 (a) (8), 411(b) (1) (H), 413 (a) (2) (11), (iii), 415(e) (1), and 430 (c) of this title and sections 1402 (h) (1) (H), 3121(a)(1), 3122, 3125, 6413(c) (1), (2) (A), and 6654 (d) (2) (B) (ii) of Title 26] made by this section; and such modified and extended table shall be deemed to be the table appearing in such section 215(a) [subsec. (a) of this section]."

DISREGARDING OF RETROACTIVE PAYMENT OF OASDI BENEFTI INCREASE AND OF RAILROAD RETIREMENT BENEFIT INCREASE Section 201 (g) of Pub. L. 92–5 provided that: "Notwithstanding the provisions of sections 2(a) (10), 402(a) (7), 1002(a) (8), 1402 (a(8), and 1602(a) (13) and (14) of the Social Security Act [sections 302(a)(10), 602(a) (7), 1202(a) (8), 1352(a) (8), and 1382(a) (13) and (14) of this title] each State, in determining need for aid or assistance under a State plan approved under title I, X, XIV, or XVI, or part A of title IV, of such Act [subchapter I, X, XIV, or XVI, or part A of subchapter IV of this chapter], may disregard (and the plan may be deemed to require the State to disregard), in addition to any other amounts which the State is required or permitted to disregard in determining such need, any amount paid to an individual under title II of such Act [subchapter II of this chapter] (or under the Railroad Retirement Act of 1937 [section 228a et seq. of title 45] by reason of the first proviso in section 3 (e) thereof [section 228c (e) of title 45]), in any month after the month in which this Act is enacted [March 1971], to the extent that (1) such payment is attributable to the increase in monthly benefits under the old-age, survivors, and disability insurance system for January, February, March, or April 1971 resulting from the actment of this title, and (2) the amount of such in

crease is paid separately from the rest of the monthly benefit of such individual for January, February, March, or April 1971."

DISREGARDING OF INCOME OF OASDI RECIPIENTS AND RAILROAD RETIREMENT RECIPIENTS IN DETERMINING NEED FOR PUBLIC ASSISTANCE.

Section 1007 of Pub. L. 92-172, as amended by Pub. L. 91-306, § 2(b)(1), July 6, 1970, 84 Stat. 408; Pub. L. 91-669, Jan. 11, 1971, 84 Stat. 2038; Pub. L. 92-223, § 5, Dec. 28, 1971, 85 Stat. 810; Pub. L. 92-603, title III, § 304, Oct. 30, 1972, 86 Stat. 1484, eff. Oct. 30, 1972, provided that: "In addition to the requirements imposed by law as a condition of approval of a State plan to provide aid to individuals under title I, X, XIV, or XVI of the Social Security Act [subchapter I, X, XIV, or XVI of this chapter], there is hereby imposed the requirement (and the plan shall be deemed to require) that, in the case of any individual found eligible (as a result of the requirement imposed by this section or otherwise) for aid for any month after March 1970 and before January 1974 who also receives in such month—”

CONVERSION OF DISABILITY INSURANCE BENEFITS TO OLDAGE INSURANCE BENEFITS

Section 201 (f) of Pub. L. 92-5 provided that: "If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act [section 423 of this title] for December 1970 on the basis of an application filed in or after the month in which this Act is enacted [March 1971], and became entitled to old-age insurance benefits under section 202 (a) of such Act [section 402 (a) of this title] for January 1971, then, for purposes of section 215 (a) (4) of the Social Security Act [subsec. (a) (4)] (if applicable), the amount in column IV of the table appearing in such section 215(c) [probably means section 215(a) which is subsec. (a) of this section] for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act [subsec. (c) of this section]) instead of the amount in column IV equal to the primary insurance amount on which his disability insurance benefit is based."

INCREASE OF OLD-AGE OR DISABILITY INSURANCE BENEFITS FOLLOWING INCREASE IN PRIMARY INSURANCE AMOUNT OR ENTITLEMENT TO BENEFITS ON A HIGHER AMOUNT Section 101 (f) of Pub. L. 92-603 provided that: "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 Act [subsec. (a) (1) or (3) of this section] 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) [subsec. (a) of this section], 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 (q) of such Act [section 402 (q) of this title] where applicable, to such difference." COMPUTATION OF PRIMARY INSURANCE AMOUNT FOR CERTAIN INDIVIDUALS WHO WERE FULLY INSURED AND HAD ATTAINED RETIREMENT AGE PRIOR TO 1961

Section 303 (g)(1) of Pub. L. 86-778, as amended by Pub. L. 87-64, title I, § 103(d), June 30, 1961, 75 Stat. 138; Pub L. 89-97, title III, § 302(f) (6), July 30, 1965, 79 Stat. 366; Pub. L. 90-248, title I, § 155 (c), Jan. 2, 1968, 81 Stat. 866; Pub. L. 92-603, Title I, § 104 (h), Oct. 30, 1972, 86 Stat. 1341, provided that: "In the case of any individual who both was fully insured and had attained retirement age prior to 1961 and (A) who becomes entitled to oldage insurance benefits after 1960, or (B) who dies after 1960 without being entitled to such benefits, then, notwithstanding the amendments made by the preceding subsections of this section [to subsecs. (b), (c) (2), (d)

(1), (3), (e) (2-4) and (f) (2—4) of this section and section 423 (a) (2) of this title], or the amendments made by the Social Security Amendments of 1965, 1967, 1969, and 1972 (and by Public Law 92-5), the Secretary shall also compute such individual's primary insurance amount on the basis of such individual's average monthly wage determined under the provisions of section 215 of the Social Security Act [this section] in effect prior to the enactment of this Act with a closing date determined under section 215(b) (3) (B) of such Act [subsec. (b) (3) (B) of this section] as then in effect, but only if such closing date would have been applicable to such computation had this section not been enacted. If the primary insurance amount resulting from the use of such an average monthly wage is higher than the primary insurance amount resulting from the use of an average monthly wage determined pursuant to the provisions of section 215 of the Social Security Act [this section], as amended by the Social Security Amendments of 1960 [Pub. L. 86– 778], or (if such individual becomes entitled to old-age insurance benefits after the date of enactment of the Social Security Amendments of 1972, or dies after such date without becoming so entitled) as amended by the Social Security Amendments of 1972, such higher primary insurance amount shall be the individual's primary insurance amount for purposes of such section 215 [this section]. The terms used in this subsection shall have the meaning assigned to them by title II of the Social Security Act [this subchapter]; except that the terms 'fully insured' and 'retirement age' shall have the meaning assigned to them by such title II [this subchapter] as in effect on September 13, 1960."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 427, 428, 430, 431, 1395r of this title.

§ 416. Additional definitions.

For the purposes of this subchapter

(e) Child.

The term "child" means (1) the child or legally adopted child of an individual, (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child's insurance benefits is filed or (if the insured indivdual is deceased) not less than nine months immediately preceding the day on which such individual died, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 423 (d) of this title) or such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual's surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States and such person's natural or adopting parent or stepparent was not living in such individual's household and making regular contributions toward such person's support at the time such individual died. For purposes of clause (1), a person shall be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if such person was at the time of such individual's death living in such individual's household and was

legally adopted by such individual's surviving spouse after such individual's death but only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual's surviving spouse before the end of two years after (i) the day on which such individual died or (ii) August 28, 1958; except that this sentence shall not apply if at the time of such individual's death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children. For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of subsection (h) (1) (B) of this section, would have been a valid marriage.

(i) Disability; period of disability.

(2) (A) The term "period of disability" means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than five full calendar months' duration or such individual was entitled to benefits under section 423 of this title for one or more months in such period.

(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.

(3) The requirements referred to in clauses (i) and (ii) of paragraph (2) (C) of this subsection are satisfied by an individual with respect to any quarter only if

(A) he would have been a fully insured individual (as defined in section 414 of this title) had he attained age 62 and filed application for benefits under section 402 (a) of this title on the first day of such quarter; and

(B) (i) he had not less than twenty quarters of coverage during the forty-quarter period which ends with such quarter, or

(ii) if such quarter ends before he attains (or would attain) age 31 not less than one-half (and not less than 6) of the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of

coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of "blindness" as defined in paragraph (1)).

(k) Waiver of nine-month retirement for widow, stepchild, or widower in case of accidental death or in case of serviceman dying in line of duty, or in case of remarriage to the same individual.

The requirement in clause (5) of subsection (c) of this section or clause (5) of subsection (g) of this section that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual's widow or widower, and the requirement in subsection (e) of this section that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual's child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if(1) his death

(A) is accidental, or

(B) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 410 (7) (2) of this title), unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months, or

(2) (A) the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or

(B) the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild's parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce;

except that paragraph (2) of this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1)(A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries. (As amended Oct. 30, 1972, Pub. L. 92-603, title I, §§ 104(g), 113 (a), 115(b), 116(d), 117(a), 118(b), 145(a), 86 Stat. 1341, 1347, 1349-1351, 1370.)

AMENDMENTS

1972 Subsec. (e). Pub. L. 92-603, § 113 (a), extended the definition of "child" to include grandchildren and stepgrandchildren of an individual or his spouse.

Subsec. (1) (2) (A). Pub. L. 92-603, § 116(d), substituted "five" for "6".

Subsec. (1) (2) (B). Pub. L. 92-603, § 118(b), provided for the filing of an application for a disability determination after the death of the insured individual.

Subsec. (i) (3). Pub. L. 92-603, §§ 104(g), 117(a), struck out "(if a woman) or age 65 (if a man)" following "attained age 62" in subpar. (A) and substituted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind for provisions excepting the provisions of subpar. (A) in the case of an individual with respect to whom a period of disability would, but for such subpar., begin before 1951 on the provisions following subpar. (B). Subsec. (k). Pub. L. 92-603, §§ 115(b), 145(a), designated existing pars. (1) and (2) as subpars. (A) and (B) of par. (1), added par. (2), in par. (1), as so redesignated, substituted "unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months" for "and he would satisfy such requirement if a three-month period were substituted for the ninemonth period", and in material following par. (2) substituted "except that paragraph (2) of this subsection shall not apply" for "except that this subsection shall not apply".

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment of subsec. (e) of this section by section 113 (a) of Pub. L. 92-603 applicable with respect to monthly benefits payable under this subchapter for months after Dec. 1972, but only on the basis of applications filed on or after Oct. 30, 1972, see section 113(c) of Pub. L. 92-603, set out as a note under section 402 of this title.

Amendment of subsec. (1) (2) (A) of this section by section 116(d) of Pub. L. 92-603 effective with respect to applications for disability determinations under subsec. (1) of this section filed on or after Oct. 1972 or before Oct. 1972 under specified conditions, see section 116(e) of Pub. L. 92-603, set out as a note under section 423 of this title.

Section 118 (c) of Pub. L. 92-603 provided that: "The amendments made by this section [amending subsec. (1) (2) (B) of this section and section 423 (a) (1), (a) (2), (b), and (c)(2) (A) of this title] shall apply in the case of deaths occurring after December 31, 1969. For purposes of such amendments (and for purposes of sections 202(j) (1) and 223(b) of the Social Security Act [sections 402 (j) (1) and 423 (b) of this title], any application with respect to an individual whose death occurred after December 31, 1969, but before the date of the enactment of this Act [Oct. 30, 1972] which is filed in, or within 3 months after the month in which this Act is enacted [Oct. 1972] shall be deemed to have been filed in the month in which such death occurred."

Amendment of subsec. (i) (3) of this section by section 117(a) of Pub. L. 92-603 effective with respect to applications for disability determinations under subsec. (1) of this section filed in or after Oct. 1972 or before Oct. 1972 under specified conditions, see section 117(c) of Pub. L. 92-603, set out as a note under section 423 of this title.

Amendment of subsec. (1) (3) (A) of this section by section 104(g) of Pub. L. 92-603 applicable only in the case of a man who attains (or would attain) age 62 after Dec. 1974, with the figure "65" in subsec. (1) (3) (A) of this section to be deemed to read "64" in the case of a man who attains age 62 in 1973, and deemed to read "63" in the case of a man who attains age 62 in 1974, see section 104 (1) of Pub. L. 92-603, set out as a note under section 414 of this title.

Section 115(c) of Pub. L. 92-603 provided that: "The amendments made by this section [amending subsec. (k) of this section] shall apply only with respect to benefits payable under title II of the Social Security Act [this subchapter] for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted [Oct. 1972]."