§ 402. Old-age and survivors insurance benefit payments

1987—Subsec. (b)(4). Pub. L. 100–203, § 9007(a), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a wife’s insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”

Subsec. (c)(2). Pub. L. 100–203, § 9007(b), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a husband’s insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such husband (or divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”

Subsec. (d)(1)(G)(i). Pub. L. 100–203, § 9010(b), substituted “36 months” for “15 months”.

Subsec. (e)(1). Pub. L. 100–203, § 9010(c), substituted “36 months” for “15 months” in subcl. (II) of last sentence.

Subsec. (e)(7). Pub. L. 100–203, § 9007(c), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a widow’s insurance benefit for each month as determined (after application of the provisions of subsections (q) and (k) of this section, paragraph (2)(D), and paragraph (3)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”

Subsec. (f)(1). Pub. L. 100–203, § 9010(d), substituted “36 months” for “15 months” in subcl. (II) of last sentence.

Subsec. (f)(2). Pub. L. 100–203, § 9007(d), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a widower’s insurance benefit for each month (as determined after application of the provisions of subsections (k) and (q) of this section, paragraph (3)(D), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widower for such month which is based upon his earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”

Subsec. (g)(4). Pub. L. 100–203, § 9007(e), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “The amount of a mother’s or father’s insurance benefit for each month to which any individual is entitled under this subsection (as determined after application of subsection (k) of this section) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual’s earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day such individual was employed by such entity, such service did not constitute ‘employment’ as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.”

1986—Subsec. (c)(5)(B). Pub. L. 99–514, § 1883(a)(1), substituted “or (J)” for “or (I)”.

Subsec. (d)(6)(E). Pub. L. 99–272, § 12107(a), substituted “the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title,” for “the third month following the month in which he ceases to be under such disability”.

Subsec. (d)(8)(D)(ii)(III). Pub. L. 99–272, § 12104(a), inserted “or great-grandchild” after “grandchild”.

Subsec. (q)(5)(A)(i). Pub. L. 99–514, § 1883(a)(2), substituted “prescribed by the Secretary” for “prescribed by him”.

Subsec. (q)(5)(C). Pub. L. 99–514, § 1883(a)(3), which directed substitution of “he or she shall be deemed” for “she shall be deemed” was not executed because of prior amendment substituting “he or she” for “she” by Pub. L. 98–21, § 309(c)(4). See 1983 Amendment note below.

1984—Subsec. (a). Pub. L. 98–369, § 2662(c)(1), made a clarifying amendment to Pub. L. 98–21, § 201(c)(1)(A). See 1983 Amendment note below.

Subsec. (c)(1). Pub. L. 98–369, § 2661(b)(1)(A), (B), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65” in cls. (i) and (ii)(I) of provisions following subpar. (D) and preceding subpar. (E).

Pub. L. 98–369, § 2661(b)(1)(C), substituted “in which” for “to which” in provisions following cl. (ii) of provisions following subpar. (D) and preceding subpar. (E).

Subsec. (c)(5)(A). Pub. L. 98–369, § 2661(b)(2), substituted “clauses (i) and (ii)” for “classes (i) and (ii)”.

Subsec. (d)(1). Pub. L. 98–369, § 2663(a)(2)(A)(i), substituted “subparagraphs” for “paragraphs” and “subparagraph” for “paragraph” in cl. (ii) of provisions following subpar. (C) and preceding subpar. (D).

Subsec. (d)(1)(G). Pub. L. 98–369, § 2663(a)(2)(A)(ii), in restructuring subpar. (G), struck out the comma after “age of 18”, substituted a dash for a comma after “the age of 22”, substituted “(i) the termination month, subject to section 423(e) of this title (and for purposes” for “, or, subject to section 423(e) of this title, the termination month (and for purposes”, and inserted closing parenthesis after “activity” and substituted “(ii)” and “(iii)” for “(III)” and “(IV)”, respectively.

Subsec. (d)(7)(A). Pub. L. 98–369, § 2663(a)(2)(A)(iii), substituted “the effective date of this sentence” for “the date of enactment of this paragraph”.

Subsec. (e)(1). Pub. L. 98–369, § 2663(a)(2)(B), in provisions following subpar. (F)(ii), struck out first of two commas following “age 60” and substituted “she engages” for “he engages”.

Subsec. (e)(2)(A). Pub. L. 98–369, § 2661(c)(1), substituted “paragraph (7) of this subsection” for “paragraph (8) of this subsection”.

Subsec. (e)(2)(C). Pub. L. 98–369, § 2661(c)(2), struck out the period after “If such deceased individual” and inserted a closing parenthesis after “paragraph (3) of such subsection (w)”.

Subsec. (e)(7)(A). Pub. L. 98–369, § 2661(c)(3), substituted “paragraph (2)(D)” for “paragraph (2)(B)”.

Subsec. (f)(1). Pub. L. 98–369, § 2663(a)(2)(C), struck out the first of two commas after “age 60” in provisions following subpar. (F).

Subsec. (f)(1)(C)(ii). Pub. L. 98–369, § 2661(d)(1), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65”.

Subsec. (f)(2)(A). Pub. L. 98–369, § 2661(d)(2), substituted “paragraph (3)(D)” for “paragraph (3)(B)”.

Subsec. (f)(3)(C). Pub. L. 98–369, § 2661(d)(3), struck out the period after “If such deceased individual”.

Subsec. (f)(3)(D)(i). Pub. L. 98–369, § 2663(a)(2)(D), struck out the semicolon after “applicable,”.

Subsec. (i). Pub. L. 98–369, § 2663(a)(2)(E), amended language being deleted by Pub. L. 97–35, § 2202(a)(1). See 1981 Amendment note below.

Subsec. (q)(3)(E). Pub. L. 98–369, § 2662(c)(1), made a clarifying amendment to Pub. L. 98–21, § 201(c)(1)(A). See 1983 Amendment note below.

Subsec. (q)(3)(G). Pub. L. 98–369, § 2663(a)(2)(F)(i), substituted “if the period” for “as if the period”.

Subsec. (q)(7)(E). Pub. L. 98–369, § 2663(a)(2)(F)(ii), substituted “she or he attained retirement age” for “he attained retirement age”.

Subsec. (q)(9)(B)(i). Pub. L. 98–369, § 2661(e), substituted “section 416(l) of this title” for “section 416(a) of this title”.

Subsec. (t)(4)(E). Pub. L. 98–369, § 2663(a)(2)(G), inserted “of 1937 or 1974” after “Railroad Retirement Act” the first place it appears and substituted references to section 5(k)(1) of the Railroad Retirement Act of 1937 and section 18(2) of the Railroad Retirement Act of 1974 for reference to section 5(k)(1) of the Railroad Retirement Act.

Subsec. (u)(1)(B). Pub. L. 98–369, § 2663(a)(2)(H), struck out “, 822, or 823” after “section 783”.

1983—Subsec. (a). Pub. L. 98–21, § 201(c)(1)(A), as amended by Pub. L. 98–369, § 2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 or the age of 65, wherever appearing.

Subsec. (b)(1). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.

Subsec. (b)(3). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that, in the case of such a marriage to an individual entitled to benefits under subsection (d) of this section, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsection (d) of this section unless he ceased to be so entitled by reason of his death.

Subsec. (b)(3)(A). Pub. L. 98–21, §§ 301(a)(7), 309(a), inserted references to subsecs. (c) and (g), respectively.

Subsec. (b)(4)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.

Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.

Subsec. (b)(5). Pub. L. 98–21, § 132(a), added par. (5).

Subsec. (c)(1). Pub. L. 98–21, § 301(a)(1), inserted “and every divorced husband (as defined in section 416(d) of this title)” before “of an individual”, and “or such divorced husband” after “if such husband” in provisions preceding subpar. (A).

Pub. L. 98–21, § 306(d), in provisions following subpar. (D) and preceding subpar. (E), inserted “(subject to subsection (s))” after “be entitled to”.

Pub. L. 98–21, § 201(c)(1)(A), which directed the substitution of “retirement age (as defined in section 416(l) of this title” for “age 65” in provisions following subpar. (D) and preceding subpar. (E) was executed to those provisions after the execution of the amendment by section 301(a)(2)(C) of Pub. L. 98–21 as the probable intent of Congress.

Pub. L. 98–21, § 301(a)(2)(C), amended provisions following subpar. (D) generally, inserting references to a divorced husband and to subpar. (D), designating existing provisions as subpars. (E) to (G) and (I) and (J), adding subpar. (H), and revising subpar. (G).

Subsec. (c)(1)(B). Pub. L. 98–21, § 306(e), inserted alternative provisions relating to the case of a husband.

Subsec. (c)(1)(C). Pub. L. 98–21, § 301(a)(2)(A), (B), added subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (c)(1)(D). Pub. L. 98–21, § 301(a)(8), substituted “such individual” for “his wife” after “amount of”.

Pub. L. 98–21, § 301(a)(2)(B), redesignated former subpar. (C) as (D).

Subsec. (c)(1)(I) to (K). Pub. L. 98–21, § 306(f), added subpar. (I), and redesignated subpars. (I) and (J), as added by section 301(a)(2)(C) of Pub. L. 98–21, as (J) and (K).

Subsec. (c)(2)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.

Pub. L. 98–21, § 301(a)(6), inserted “(or divorced husband)” after “payable to such husband”.

Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.

Subsec. (c)(3). Pub. L. 98–21, § 301(a)(3), inserted “(or, in the case of a divorced husband, his former wife)” before “for such month”.

Subsec. (c)(4), (5). Pub. L. 98–21, § 301(a)(4), (5), added pars. (4) and (5).

Subsec. (d)(5). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to benefits under section 423(a) of this title or this subsection, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or this subsection unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsection (a) of this section.

Subsec. (d)(5)(A). Pub. L. 98–21, § 301(a)(9), inserted reference to subsec. (c).

Subsec. (d)(8)(D)(ii)(II). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.

Subsec. (e)(1). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F).

Pub. L. 98–21, § 133(a)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (2))” after “primary insurance amount” in provisions following subpar. (F).

Subsec. (e)(1)(B)(ii). Pub. L. 98–21, § 131(a)(3)(B), substituted reference to par. (4) for reference to par. (5).

Subsec. (e)(1)(C). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.

Subsec. (e)(1)(D). Pub. L. 98–21, § 133(a)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (2))” after “primary insurance amount”.

Subsec. (e)(1)(F)(i). Pub. L. 98–21, § 131(a)(3)(C), substituted reference to par. (5) for reference to par. (6).

Subsec. (e)(1)(F)(ii). Pub. L. 98–21, § 131(a)(3)(C), substituted reference to par. (4) for reference to par. (5).

Subsec. (e)(2)(A). Pub. L. 98–21, § 133(a)(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Except as provided in subsection (q) of this section, paragraph (7) 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 (as determined after application of the following sentence) of such deceased individual. If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon application have received) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section the number of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the conditions in paragraph (2) of subsection (w) of this section.”

Pub. L. 98–21, § 131(a)(3)(D), substituted reference to par. (7) for reference to par. (8).

Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)(B)” for “section 415(f)(5) or (6)”.

Subsec. (e)(2)(B). Pub. L. 98–21, § 133(a)(1)(A), added subpar. (B) and redesignated former subpar. (B) as (D).

Subsec. (e)(2)(B)(i). Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)(B)” for “section 415(f)(5) or (6)”.

Subsec. (e)(2)(C), (D). Pub. L. 98–21, § 133(a)(1), added subpar. (C) and redesignated former subpar. (B) as (D).

Subsec. (e)(2)(D)(ii). Pub. L. 98–21, § 133(a)(2)(B), inserted “(as determined without regard to subparagraph (C))” after “primary insurance amount”.

Subsec. (e)(3). Pub. L. 98–21, § 131(a)(1)–(3)(A), redesignated par. (4) as (3) and substituted provision that, for purposes of par. (1), if (A) a widow or surviving divorced wife marries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection, or (B) a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50, such marriage shall be deemed not to have occurred, for provision that if a widow, after attaining age 60, married, such marriage would for purposes of par. (1) be deemed not to have occurred. Former par. (3), which provided that if a widow before attaining age 60, or a surviving divorced wife, married (A) an individual entitled to benefits under subsec. (f) or (h), or (B) an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such widow’s or surviving divorced wife’s entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection, but subject to subsec. (s), not be terminated by reason of such marriage, except that, in the case of such a marriage to an individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death, was struck out.

Subsec. (e)(4). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (e)(5). Pub. L. 98–21, § 131(a)(3)(A), (E), redesignated par. (6) as (5) and substituted reference to par. (4) for reference to par. (5). Former par. (5) redesignated (4).

Subsec. (e)(6). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Subsec. (e)(7). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (e)(7)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.

Pub. L. 98–21, § 131(a)(3)(F), substituted reference to par. (3) for reference to par. (4).

Subsec. (e)(8). Pub. L. 98–21, § 131(a)(3)(A), redesignated par. (8) as (7).

Subsec. (e)(8)(A). Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.

Subsec. (f)(1). Pub. L. 98–21, § 301(b)(1), inserted “and every surviving divorced husband (as defined in section 416(d) of this title)” before “of an individual”, and “or such surviving divorced husband” after “if such widower” in provisions preceding subpar. (A).

Pub. L. 98–21, § 301(b)(2), substituted “such deceased individual” for “his deceased wife” in provisions following subpar. (F).

Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F).

Pub. L. 98–21, § 133(b)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (3))” after “primary insurance amount” in provisions following subpar. (F).

Subsec. (f)(1)(A). Pub. L. 98–21, § 302, substituted “is not married” for “has not remarried”.

Subsec. (f)(1)(B)(ii). Pub. L. 98–21, § 131(b)(3)(B), substituted reference to par. (5) for reference to par. (6).

Subsec. (f)(1)(C)(i). Pub. L. 98–21, § 306(g), designated existing provisions as cl. (i).

Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.

Subsec. (f)(1)(C)(ii). Pub. L. 98–21, § 201(c)(1)(A), which directed the substitution of “retirement age (as defined in section 416(l) of this title)” for “age 65” in cl. (ii) was executed to those provisions after the execution of section 306(g) of Pub. L. 98–21 as the probable intent of Congress.

Pub. L. 98–21, § 306(g), added cl. (ii).

Subsec. (f)(1)(D). Pub. L. 98–21, § 301(b)(2), substituted “such deceased individual” for “his deceased wife”.

Pub. L. 98–21, § 133(b)(2)(A), inserted “(as determined after application of subparagraphs (B) and (C) of paragraph (3))” after “primary insurance amount”.

Subsec. (f)(1)(F)(i). Pub. L. 98–21, § 131(b)(3)(C), substituted reference to par. (6) for reference to par. (7).

Subsec. (f)(1)(F)(ii)(I). Pub. L. 98–21, § 131(b)(3)(C), substituted reference to par. (5) for reference to par. (6).

Subsec. (f)(2)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.

Pub. L. 98–21, § 131(b)(3)(D), substituted reference to par. (4) for reference to par. (5).

Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.

Subsec. (f)(3)(A). Pub. L. 98–21, § 133(b)(1)(B), amended subpar. (A) generally. Prior to the amendment subpar. (A) read as follows: “Except as provided in subsection (q) of this section, paragraph (2) 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 (as determined after application of the following sentence) of his deceased wife. If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of subsection (w) of this section.”

Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)(B)” for “section 415(f)(5) or (6)”.

Subsec. (f)(3)(B). Pub. L. 98–21, § 133(b)(1), added subpar. (B) and redesignated former subpar. (B) as (D).

Pub. L. 98–21, § 113(d), substituted “section 415(f)(5), 415(f)(6), or 415(f)(9)” for “section 415(f)(5) or (6)”.

Subsec. (f)(3)(B)(ii)(II). Pub. L. 98–21, § 301(b)(3), inserted “or surviving divorced husband” after “widower”.

Subsec. (f)(3)(C). Pub. L. 98–21, § 133(b)(1)(B), added subpar. (C).

Subsec. (f)(3)(D). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower” wherever appearing.

Pub. L. 98–21, § 301(b)(5), substituted “individual” for “wife” wherever appearing.

Pub. L. 98–21, § 133(b)(1)(A), redesignated former subpar. (B) as (D).

Subsec. (f)(3)(D)(ii). Pub. L. 98–21, § 133(b)(2)(B), inserted “(as determined without regard to subparagraph (C))” after “primary insurance amount”.

Subsec. (f)(4). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower” in two places.

Pub. L. 98–21, § 131(b)(1)–(3)(A), redesignated par. (5) as (4), and amended par. (4) as so redesignated generally, substituting provision that for purposes of par. (1), if a widower married after attaining age 60 (or after attaining age 50 if entitled before such marriage occurred to benefits based on disability under this subsection), or a disabled widower described in paragraph (1)(B)(ii) married after attaining age 50, such marriage would be deemed not to have occurred, for provision that if a widower married after attaining age 60, such marriage would be deemed not to have occurred for purposes of par. (1). Former par. (4), which had provided that if a widower, before attaining age 60, remarried an individual entitled to benefits under subsec. (b), (e), (g), or (h) or an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such widower’s entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection but subject to subsec. (s), not be terminated by reason of such marriage, was struck out.

Subsec. (f)(5). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower” in provisions preceding subpar. (A).

Pub. L. 98–21, § 131(b)(3)(A), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Subsec. (f)(5)(B), (C). Pub. L. 98–21, § 306(h), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (f)(6). Pub. L. 98–21, § 301(b)(4), inserted “or surviving divorced husband” after “widower”.

Pub. L. 98–21, § 131(b)(3)(A), (E), redesignated par. (7) as (6) and substituted reference to par. (5) for reference to par. (6). Former par. (6) redesignated (5).

Subsec. (f)(7), (8). Pub. L. 98–21, § 131(b)(3)(A), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (g). Pub. L. 98–21, § 306(a)(7), inserted “or father’s” after “mother’s” wherever appearing.

Subsec. (g)(1). Pub. L. 98–21, § 306(a)(8), struck out “after August 1950” after “beginning with the first month” in provisions following subpar. (F).

Pub. L. 98–21, § 306(a)(1), (2), (5), (6), substituted “surviving spouse” for “widow”, “surviving spouse’s” for “widow’s”, “he or she” for “she”, and “parent” for “mother”, wherever appearing.

Subsec. (g)(1)(D). Pub. L. 98–21, § 306(a)(3), substituted “a spouse’s insurance benefit” for “wife’s insurance benefits” and “such individual” for “he”.

Subsec. (g)(1)(E), (F)(i). Pub. L. 98–21, § 306(a)(4), substituted “his or her” for “her”.

Subsec. (g)(3). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to an individual entitled to benefits under section 423(a) of this title or subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or subsec. (d) unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsec. (a).

Pub. L. 98–21, § 306(a)(1), (6), substituted “surviving spouse” for “widow” and “parent” for “mother” wherever appearing.

Subsec. (g)(3)(A). Pub. L. 98–21, § 306(a)(9)(B), inserted reference to this subsection and subsecs. (b) and (e).

Pub. L. 98–21, § 301(b)(6), inserted reference to subsec. (c).

Subsec. (g)(4)(A). Pub. L. 98–21, § 337(a), substituted “by an amount equal to two-thirds of the amount of any monthly periodic benefit” for “by an amount equal to the amount of any monthly periodic benefit”, and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.

Pub. L. 97–455, § 7(c), inserted “for purposes of this subchapter” after “as defined in section 410 of this title”.

Subsec. (h)(4). Pub. L. 98–21, § 307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death.

Subsec. (h)(4)(A). Pub. L. 98–21, § 301(b)(7), inserted reference to subsec. (c).

Subsec. (j)(4)(B)(iii) to (v). Pub. L. 98–21, § 334(a), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively.

Subsec. (k)(2)(B), (3)(B). Pub. L. 98–21, § 131(b)(3)(F), (G), substituted references to subsecs. (e)(3) and (f)(4) for references to subsecs. (e)(4) and (f)(5), respectively, wherever appearing.

Subsec. (m). Pub. L. 98–21, §§ 111(a)(7), 134(b), in par. (1) substituted “November” for “May” and in par. (2)(B) substituted “subsection (q)(6)(B)” for “subsection (q)(6)(A)(ii)”, as subsec. (m) [notwithstanding its repeal by Pub. L. 97–35] continues to apply in certain cases by reason of section 2(j)(2)–(4) of Pub. L. 97–123, set out as an Effective Date of 1981 Amendment note under section 415 of this title. As thus amended subsec. (m) would read as follows:

“(1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of a primary insurance amount computed under section 415(a) or (d) of this title, as in effect after December 1978, 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 that month on the basis of such wages and self-employment income, the individual’s benefit amount for that month, prior to reduction under subsection (k)(3) of this section, shall not be less than that provided by subparagraph (C)(1)(I) of section 415(a)(1) of this title and increased under section 415(i) of this title for months after November of the year in which the insured individual died as though such benefit were a primary insurance amount.

“(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)(B) 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(i) 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.”

Subsec. (q)(1). Pub. L. 98–21, § 201(b)(2), substituted “Subject to paragraph (9), if” for “If” at beginning of par. (1).

Pub. L. 98–21, § 134(a)(1), struck out provisions following subpar. (B)(ii) which directed that in the case of a widow or widower whose first month of entitlement to a widow’s or widower’s insurance benefit was a month before the month in which such widow or widower attained age 60, such benefit, reduced pursuant to preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), had to be further reduced by ^43⁄240 of 1 percent of the amount of such benefit, multiplied by the number of months in the additional reduction period for such benefit (determined under paragraph (6)(B)), if such benefit was for a month before the month in which such individual attained age 62, or if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit was for the month in which such individual attained age 62 or any month there­after.

Subsec. (q)(1)(B)(i). Pub. L. 98–21, § 134(a)(2)(C), substituted “paragraph (6)” for “paragraph (6)(A)”.

Subsec. (q)(2). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.

Subsec. (q)(3)(A)(i). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.

Subsec. (q)(3)(E). Pub. L. 98–21, § 309(b), inserted “or surviving divorced husband” after “widower”.

Pub. L. 98–21, § 201(c)(1)(A), as amended by Pub. L. 98–369, § 2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to the age of 65.

Subsec. (q)(3)(E)(ii). Pub. L. 98–21, § 134(a)(2)(C), substituted “paragraph (6)” for “paragraph (6)(A)”.

Subsec. (q)(3)(F). Pub. L. 98–21, § 309(b), inserted “or surviving divorced husband” after “widower”.

Subsec. (q)(3)(F)(ii)(I). Pub. L. 98–21, § 134(a)(2)(C), substituted “paragraph (6)” for “paragraph (6)(A)”.

Subsec. (q)(3)(G). Pub. L. 98–21, § 309(b), inserted “or surviving divorced husband” after “widower”.

Pub. L. 98–21, § 134(a)(2)(B), substituted “paragraph (6)” for “paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B))”.

Subsec. (q)(5). Pub. L. 98–21, § 309(c)(4), substituted “he or she” for “she” wherever appearing.

Pub. L. 98–21, § 309(c)(1), inserted “or husband’s” after “wife’s” wherever appearing.

Subsec. (q)(5)(A)(i). Pub. L. 98–21, § 309(c)(2), substituted “him or her” for “her”.

Subsec. (q)(5)(A)(ii). Pub. L. 98–21, § 309(c)(3), substituted “the” for “her” after “income”.

Subsec. (q)(5)(B)(ii). Pub. L. 98–21, § 309(c)(6), substituted “the individual” for “the woman”.

Subsec. (q)(5)(C). Pub. L. 98–21, § 309(c)(6), substituted “an individual” for “a woman”.

Pub. L. 98–21, § 309(c)(5), substituted “his or her” for “her”.

Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 wherever appearing.

Subsec. (q)(5)(D). Pub. L. 98–21, § 309(c)(7), inserted “or widower’s” after “widow’s”, substituted “spouse” for “husband” wherever appearing, substituted “spouse’s” for “husband’s” wherever appearing, and inserted “or father’s” after “mother’s”.

Pub. L. 98–21, § 309(c)(5), substituted “his or her” for “her” in three places.

Subsec. (q)(6). Pub. L. 98–21, § 134(a)(2)(A), amended par. (6) generally, striking out subpar. designation “(A)” after “this subsection” and redesignated cl. (i) as subpar. (A), in subpar. (A) as so redesignated, redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively, redesignated former cl. (ii) as subpar. (B), and struck out former subpar. (B), which had provided that the “additional reduction period” for an individual’s widow’s or widower’s insurance benefit was the period beginning with the first day of the first month for which such individual was entitled to such benefit, but only if such individual had not attained age 60 in such first month, and ending with the last day of the month before the month in which such individual attained age 60.

Subsec. (q)(6)(A)(i). Pub. L. 98–21, § 309(d)(1), struck out “or husband’s” after “old-age”.

Subsec. (q)(6)(A)(ii). Pub. L. 98–21, § 309(d)(1), inserted “or husband’s” after “wife’s”.

Subsec. (q)(7). Pub. L. 98–21, § 134(a)(3), amended provisions preceding subpar. (A) generally, substituting reference to par. (6) for reference to par. (6)(A), and striking out provision that the additional adjusted reduction period for an individual’s, widow’s, or widower’s insurance benefit was the additional reduction period prescribed by par. (6)(B) for such benefit, with the same exclusions as from the adjusted reduction period.

Subsec. (q)(7)(B). Pub. L. 98–21, § 309(d)(2)(A), inserted “or husband’s” after “wife’s”, substituted “such individual” for “she”, and inserted “his or” before “her”.

Subsec. (q)(7)(D). Pub. L. 98–21, § 309(d)(2)(B), inserted “or widower’s” after “widow’s”.

Subsec. (q)(9). Pub. L. 98–21, § 201(b)(1), amended par. (9) generally, substituting provisions defining the amount of reduction for early retirement specified in par. (1) for provision that, for purposes of this subsection, the term “retirement age” meant age 65.

Subsec. (q)(10). Pub. L. 98–21, § 134(a)(4)(A), in that part of second sentence preceding cl. (A) struck out “or an additional adjusted reduction period” after “the use of an adjusted reduction period”.

Subsec. (q)(10)(B)(i). Pub. L. 98–21, § 134(a)(4)(B), struck out “, plus the number of months in the adjusted additional reduction period multiplied by ^43⁄240 of 1 percent” before “to (ii)”.

Subsec. (q)(10)(B)(ii). Pub. L. 98–21, § 134(a)(4)(C), struck out “plus the number of months in the additional reduction period multiplied by ^43⁄240 of 1 percent,” after “1 percent”.

Subsec. (q)(10)(C). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.

Subsec. (q)(10)(C)(i). Pub. L. 98–21, § 134(a)(4)(B), struck out “, plus the number of months in the adjusted additional reduction period multiplied by ^43⁄240 of 1 percent” before “to (ii)”.

Subsec. (q)(10)(C)(ii). Pub. L. 98–21, § 134(a)(4)(D), struck out “plus the number of months in the adjusted additional reduction period multiplied by ^43⁄240 of 1 percent.” after “1 percent,”.

Subsec. (r)(1), (2). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.

Subsec. (s)(1). Pub. L. 98–21, § 309(e)(1), inserted reference to subsec. (c)(1).

Subsec. (s)(2). Pub. L. 98–21, § 309(e)(2), inserted reference to subsec. (c)(4).

Pub. L. 98–21, § 131(c)(1), substituted “So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4)” for “Subsection (f)(4), and so much of subsections (b)(3), (d)(5), (e)(3), (g)(3), and (h)(4)”.

Subsec. (s)(3). Pub. L. 98–21, § 309(e)(3), substituted “The last sentence” for “So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence”.

Pub. L. 98–21, § 131(c)(2), struck out “(e)(3),” after “(d)(5),”.

Subsec. (t)(2), (4). Pub. L. 98–21, § 340(b), substituted “Subject to paragraph (11), paragraph (1)” for “Paragraph (1)”.

Subsec. (t)(11). Pub. L. 98–21, § 340(a)(2), added par. (11).

Subsec. (w)(1)(A). Pub. L. 98–21, § 114(a), substituted a definition of the multiplicand as the applicable percentage (as determined under paragraph (6)) of such amount for a definition of the multiplicand as ^1⁄12 of 1 percent of such amount, or, in the case of an individual who first becomes eligible for an old-age insurance benefit after December 1978, one-quarter of 1 percent of such amount.

Subsec. (w)(2)(A). Pub. L. 98–21, § 201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.

Pub. L. 98–21, § 114(c)(1), substituted “age 70” for “age 72”.

Subsec. (w)(3). Pub. L. 98–21, § 114(c)(1), substituted “age 70” for “age 72”.

Subsec. (w)(6). Pub. L. 98–21, § 114(b), added par. (6).

Subsec. (x). Pub. L. 98–21, § 339(a), added subsec. (x).

1981—Subsec. (a). Pub. L. 97–35, § 2203(a), substituted in provision following par. (3) provision specifying the beginning month of entitlement in the case of an individual who has attained age 65 and in the case of an individual who has attained the age of 62, but not the age of 65, for provision specifying the beginning month of entitlement as the first month after August 1950 in which the individual becomes entitled.

Subsec. (b)(1). Pub. L. 97–35, § 2203(b)(1), substituted in provision following subpar. (D) provision specifying the beginning month of entitlement in the case of a wife or divorced wife who has attained the age of 65 and in the case of a wife or divorced wife who has not attained the age of 65 or of an individual entitled to disability insurance benefits for provision specifying the beginning month of entitlement as the first month the wife or divorced wife becomes so entitled to such benefits.

Subsec. (c)(1). Pub. L. 97–35, § 2203(c)(1), substituted in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a husband who has attained the age of 65 and in the case of a husband who has not attained the age of 65 or of an individual entitled to disability benefits for provision specifying the beginning month of entitlement as the first month after August 1950 in which he becomes entitled to benefits.

Subsec. (d)(1). Pub. L. 97–35, §§ 2203(d)(1), 2210(a)(1), (5)(A), substituted in subpars. (B)(i), (E)(ii), (F)(i), and (G)(III) “full-time elementary or secondary school student” for “full-time student”, in subpars. (B)(i), (F)(ii), and (G)(IV) “19” for “22”, and in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a child of an individual who has died and of a child of an individual entitled to an old-age insurance benefit or a disability insurance benefit for provision specifying the beginning month of entitlement as the first month after August 1950 in which such child becomes entitled to benefits.

Subsec. (d)(6)(A). Pub. L. 97–35, § 2210(a)(5)(B), substituted “full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not attained the age of 22” for “full-time student or is under a disability (as defined in section 423(d) of this title), and (ii) had not attained the age of 22”.

Subsec. (d)(6)(D), (E). Pub. L. 97–35, § 2210(a)(1), (5)(A), substituted in cl. (i) “full-time elementary or secondary school student” for “full-time student” and in cl. (ii) “19” for “22”.

Subsec. (d)(7)(A). Pub. L. 97–35, §§ 2203(d)(2), 2210(a)(1), (2), substituted “full-time elementary or secondary school student” for “full-time student” wherever appearing, “elementary or secondary school” for “educational institution” wherever appearing, and “schools involved” for “institutions involved” and inserted provision that an individual who is determined to be a full-time elementary or secondary school student be deemed to be such a student throughout the month with respect to which such determination is made.

Subsec. (d)(7)(B). Pub. L. 97–35, § 2210(a)(1), (2)(A), substituted “full-time elementary or secondary school student” for “full-time student” and “elementary or secondary school” for “educational institution” wherever appearing.

Subsec. (d)(7)(C). Pub. L. 97–35, § 2210(a)(3), substituted provision defining “elementary or secondary school” and provision that for the purpose of determining whether a child is a “full-time elementary or secondary school student” or “intends to continue to be in full-time attendance at an elementary or secondary school” there be disregarded any education provided, or to be provided, beyond grade 12 for provision defining the term “educational institution”.

Subsec. (d)(7)(D). Pub. L. 97–35, § 2210(a)(1), (2)(A), (4), (5)(A), substituted “19” for “22”, “full-time elementary or secondary school student” for “full-time student”, “diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i))” for “degree from a four-year college or university”, and “elementary or secondary school” for “educational institution”.

Subsec. (i). Pub. L. 97–35, § 2201(f), inserted in provision preceding par. (1) “(as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to repeal of the minimum benefit provisions)”.

Pub. L. 97–35, § 2202(a)(1), as amended by Pub. L. 98–369, § 2663(a)(2)(E), substituted in par. (1) provision that a qualifying widow or widower be paid for provision that unpaid burial expenses to a funeral home be paid and in par. (2) provision for payment in the event that no one qualifies or if the person entitled dies before receiving payment for provision for payment if all burial expenses incurred by or through a funeral home were paid, and struck out pars. (3) and (4), which provided for payment if the body of the insured is not available for burial but expenses were incurred for a memorial marker, service, etc., and for distribution of any amounts remaining available after payments under this subsection were made, respectively, and struck out “(except a payment authorized pursuant to clause (1)(A) of the preceding sentence)” after “No payment”.

Subsec. (m). Pub. L. 97–35, § 2201(b)(10), struck out subsec. (m) which related to the minimum survivor’s benefit.

Subsec. (q)(4). Pub. L. 97–123, § 2(e)(1), substituted “increased” and “increase” for “changed” and “change”, respectively, wherever appearing.

Pub. L. 97–35, § 2201(d)(1), substituted “changed” and “change” for “increased” and “increase”, respectively, wherever appearing.

Subsec. (q)(8). Pub. L. 97–35, § 2206(b)(1), substituted “before application of” for “after application of” and “increased to the next higher” for “reduced to the next lower”.

Subsec. (q)(10). Pub. L. 97–123, § 2(e)(2), substituted “increased”, “increase”, and “increases” for “changed”, “change”, and “changes”, respectively, wherever appearing.

Pub. L. 97–35, § 2201(d)(2), substituted “changed”, “change”, and “changes” for “increased”, “increase” and “increases”, respectively, wherever appearing.

Subsec. (s)(1). Pub. L. 97–35, § 2205(a)(1), substituted “the age of 16” for “the age of 18”.

Subsec. (w)(1), (5). Pub. L. 97–35, § 2201(b)(11), substituted “section 415(a)(1)(C)(i) of this title” for “section 415(a)(1)(C)(i)(II) of this title”.

1980—Subsec. (d)(1)(G). Pub. L. 96–265, § 303(b)(1)(B), inserted provisions relating to an individual’s termination month, including cls. (I) and (II), and redesignated existing cls. (i) and (ii) as cls. (III) and (IV), respectively.

Subsec. (d)(7)(A). Pub. L. 96–473, § 5(b), inserted provisions relating to individuals confined in a jail, prison, or other penal institutional or correctional facility.

Subsec. (e)(1). Pub. L. 96–265, § 303(b)(1)(C), in provisions following subpar. (F)(ii), inserted provisions relating to the termination month.

Subsec. (e)(2)(B)(i). Pub. L. 96–473, § 6(a), struck out second comma after “where applicable”, which had been inserted by Pub. L. 95–216, § 204(b). See 1977 Amendment note below.

Subsec. (f)(1). Pub. L. 96–265, § 303(b)(1)(D), in provisions following subpar. (F)(ii), inserted provisions relating to the termination month.

Subsec. (j)(1). Pub. L. 96–499 designated existing provisions in part as subpar. (A) and expanded such provisions and added subpar. (B).

Subsec. (j)(2). Pub. L. 96–265, § 306(a), inserted provisions relating to limitations on the prospective effects of applications.

1978—Subsec. (v). Pub. L. 95–600 substituted “1402(g)” for “1402(h)”.

1977—Subsec. (b)(1)(G). Pub. L. 95–216, § 337(b), substituted “10” for “20”.

Subsec. (b)(2). Pub. L. 95–216, § 334(a)(1), inserted reference to par. (4) of this subsection.

Subsec. (b)(4). Pub. L. 95–216, § 334(a)(2), added par. (4).

Subsec. (c)(1). Pub. L. 95–216, § 334(b)(1), in subpar. (B) inserted “and” after “62,”, struck out subpar. (C) which related to support payment requirements for the husband, and redesignated former subpar. (D) as (C).

Subsec. (c)(2). Pub. L. 95–216, § 334(b)(2), substituted provisions relating to reduction of the amount of the husband’s insurance benefit for each month as determined after application of the provisions of subsecs. (q) and (k) of this section for provisions relating to applicability of provisions of former subsec. (c)(1)(C) of this section, as subject to subsec. (s) of this section.

Subsec. (c)(3). Pub. L. 95–216, § 334(b)(3), inserted reference to par. (2) of this subsection.

Subsec. (e)(2)(A). Pub. L. 95–216, §§ 204(a), 334(c)(1), 336(a)(1), inserted “(as determined after application of the following sentence)” after “primary insurance amount”, provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and reference to par. (8) of this subsection, and struck out reference to par. (4) of this subsection.

Subsec. (e)(2)(B)(i). Pub. L. 95–216, § 204(b), substituted “living and section 415(f)(5) or (6) of this title were applied, where applicable,, and” for “living, and”. See 1980 Amendment note above.

Subsec. (e)(3). Pub. L. 95–216, § 336(a)(2), substituted “If a widow, before attaining age 60, or a surviving divorced wife,” for “In the case of a widow or surviving divorced wife who”.

Subsec. (e)(4). Pub. L. 95–216, § 336(a)(3), struck out reference to an individual (other than one described in subsec. (e)(3)(A) or (B) of this section) as the husband, and provisions relating to benefits during the marriage.

Subsec. (e)(8). Pub. L. 95–216, § 334(c)(2), added par. (8).

Subsec. (f)(1). Pub. L. 95–216, § 334(d)(1), struck out subpar. (D) which related to receipt of support by the widower in accordance with regulations promulgated by the Secretary, and redesignated former subpars. (E) to (G) as (D) to (F), respectively.

Subsec. (f)(2). Pub. L. 95–216, § 334(d)(2), substituted provisions relating to reduction of the amount of the widower’s insurance benefit for each month as determined after application of the provisions of subsecs. (k) and (q) of this section and pars. (3)(B) and (5) of this subsec., for provisions relating to applicability of former subsec. (f)(1)(D) of this section, as subject to subsec. (s) of this section.

Subsec. (f)(3)(A). Pub. L. 95–216, §§ 204(c), 334(d)(3), 336(b)(1), inserted “(as determined after application of the following sentence)” after “primary insurance amount”, inserted provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and substituted reference to par. (2) of this subsection for reference to par. (5) of this subsection.

Subsec. (f)(3)(B). Pub. L. 95–216, § 204(d), inserted reference to section 415(f)(5) or (6) of this title in cl. (i).

Subsec. (f)(4). Pub. L. 95–216, § 336(b)(2), substituted “If a widower, before attaining age 60,” for “In the case of a widower who”.

Subsec. (f)(5). Pub. L. 95–216, § 336(b)(3), struck out reference to an individual (other than one described in subsec. (f)(4)(A) or (B) of this section) as the wife, and provisions relating to benefits during the marriage.

Subsec. (f)(7). Pub. L. 95–216, § 334(d)(4)(A), substituted “(F)” for “(G)”.

Subsec. (g)(2). Pub. L. 95–216, § 334(e)(1), substituted “Except as provided in paragraph (4) of this subsection, such” for “Such”.

Subsec. (g)(4). Pub. L. 95–216, § 334(e)(2), added par. (4).

Subsec. (j)(1). Pub. L. 95–216, § 332(a)(1), substituted “Subject to the limitations contained in paragraph (4), an” for “An”.

Subsec. (j)(4). Pub. L. 95–216, § 332(a)(2), added par. (4).

Subsec. (m)(1). Pub. L. 95–216, § 205(a), substituted provisions relating to entitlement to monthly benefits under this section on the basis of primary insurance amounts computed under section 415(a) or (d) of this title as in effect after Dec., 1978, for provisions relating to entitlement to monthly benefits under this section on the basis of wages and self-employment income of deceased individuals for any month.

Subsec. (p)(1). Pub. L. 95–216, § 334(d)(5), struck out references to subsecs. (c)(1)(C) and (f)(1)(D)(i) or (ii) of this section.

Subsec. (q)(3)(H). Pub. L. 95–216, § 331(c)(2), inserted “for that month or” after “first entitled”.

Subsec. (q)(4). Pub. L. 95–216, § 331(a), substituted provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month beginning with the month of the increase in the primary insurance amount, after application of any adjustment under par. (7) of this subsec., for provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month.

Subsec. (q)(7)(C). Pub. L. 95–216, § 331(c)(1), substituted “of the occurrence of an event that terminated her or his entitlement to such benefits” for “the spouse on whose wages and self-employment income such benefits were based ceased to be under a disability”.

Subsec. (q)(10), (11). Pub. L. 95–216, § 331(b), added pars. (10) and (11).

Subsec. (s)(3). Pub. L. 95–216, § 334(d)(6), substituted “So” for “Subsections (c)(2)(B) and (f)(2)(B) of this section, so”.

Subsec. (u)(1)(C). Pub. L. 95–216, § 353(f)(1), substituted “year” for “quarter” wherever appearing.

Subsec. (w)(1). Pub. L. 95–216, §§ 203(1), 205(b)(1), substituted “The amount of an old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title as in effect in December 1978 or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter) which is payable without regard to this subsection to an individual” for “If the first month for which an old-age insurance benefit becomes 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”.

Subsec. (w)(1)(A). Pub. L. 95–216, § 203(2), inserted provision relating to individuals eligible after Dec., 1978.

Subsec. (w)(5). Pub. L. 95–216, § 205(b)(2), (3), inserted “as in effect in December 1978, or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter,” after “(3) of section 415(a) of this title” and “(whether before, in, or after December 1978)” after “under section 415(a) of this title”.

1974—Subsec. (l). Pub. L. 93–445 substituted “annuity under section 2 of the Railroad Retirement Act of 1974, or to a lump-sum payment under section 6(b) of such Act, with respect to the death of an employee (as defined in such Act)” for “annuity under section 5 of the Railroad Retirement Act of 1937 or to a lump-sum payment under subsection (f)(1) of such section with respect to the death of an employee (as defined in such Act)”.

1973—Subsec. (d)(8)(D)(ii). 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” after “attains the age of 22” in subpar. (G), and inserted 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 par. (8) the provisions formerly set out in both pars. (8) and (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 old-age insurance benefits.

Subsec. (d)(9). Pub. L. 92–603, § 113(b), added par. (9). Former par. (9) incorporated, as amended, into par. (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 “82½ 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)(i), inserted “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title,” at end of subpar. (C)(i), and substituted “age 65” for “age 62” in subpar. (C)(ii) and in provisions following subpar. (F).

Subsec. (e)(2). Pub. L. 92–603, § 102(a)(2), designated existing provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to subpar. (B) of this par., and substituted “the primary insurance amount” for “82½ 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 “82½ percent of the primary insurance amount” in subpar. (E) and provisions following subpar. (G), inserted “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title,” at end of subpar. (C), and substituted “age 65” for “age 62” and inserted “, if he became entitled to such benefits before he attained age 60,” before “the third month” in provisions following subpar. (G).

Subsec. (f)(3). Pub. L. 92–603, § 102(b)(2), designated existing provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to subpar. (B) of this par., and substituted “the primary insurance amount” for “82½ percent of the primary amount”.

Subsec. (f)(5). Pub. L. 92–603, § 107(a)(3), substituted “the age of 60” for “the age of 62”.

Subsec. (f)(6). Pub. L. 92–603, § 107(a)(1), substituted “age 60” for “age 62”.

Subsec. (f)(7). Pub. L. 92–603, § 116(c), substituted “five”, “seventeenth”, and “fifth” for “six”, “eighteenth”, and “sixth”, respectively.

Subsec. (g)(1)(F). Pub. L. 92–603, § 114(c), struck out cl. (i) covering the support aspects of a surviving divorced mother and redesignated cl. (ii) and (iii) as cl. (i) and (ii), respectively.

Subsec. (k)(2)(A). Pub. L. 92–603, § 110(a), inserted provisions establishing exceptions to rule that a child’s benefits in the case where the child is entitled on more than one wage record shall be based on wages and self-employment of the insured individual with greatest primary insurance amount.

Subsec. (k)(3)(A). Pub. L. 92–603, § 102(d), inserted reference to subsection (e)(2) or (f)(3) of this section.

Subsec. (m). Pub. L. 92–603, § 102(f), amended subsec. (m) generally to increase the minimums on survivor’s benefits.

Subsec. (q)(1). Pub. L. 92–603, § 102(e)(1), generally provided for an increase in widow’s and widower’s insurance benefits through the insertion of provisions covering such benefits in subpar. (A), and in provisions preceding subpar. (C), and through the substitution of a ^43⁄240 fraction in subpar. (C) for a ^43⁄198 fraction.

Subsec. (q)(3). Pub. L. 92–603, § 102(e)(2), (5), redesignated existing provisions of subpars. (E)(ii) and (F)(ii) as subcls. (I) and (II) and in subcls. (I) of each such subpar. as so redesignated substituted “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” for “was reduced for the month in which such individual attained retirement age”, substituted in subpar. (G) “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” for “had such individual attained age 62 in”, and added subpar. (H).

Subsec. (q)(7). Pub. L. 92–603, § 102(e)(3), divided existing source references for “adjusted reduction period” and “additional adjusted reduction period” into separate references to subpars. (A) and (B) of par. (6) in the provisions preceding subpar. (A) and, in subpar. (E), substituted “attained age 62, and also for any later month before the month in which he attained retirement age,” for “attained retirement age”.

Subsec. (q)(9). Pub. L. 92–603, § 102(e)(4), struck out provisions which had set age 62 as the meaning of “retirement age” with respect to a widow’s and widower’s insurance benefits.

Subsec. (s). Pub. L. 92–603, § 108(e), struck out “which began before he attained such age” after “disability (as defined in section 423(d) of this title)” in par. (1) and struck out “which began before such child attained the age of 18” after “disability (as defined in section 423(d) of this title)” in pars. (2) and (3).

Subsec. (w). Pub. L. 92–603, § 103(a), added subsec. (w).

1971—Subsec. (i)(3). Pub. L. 92–223, § 1(a), added cl. (3).

Subsec. (i)(4). Pub. L. 92–223, § 1(a), (b), redesignated former cl. (3) as (4) and included reference to cl. (3) in the second sentence.

1969—Subsec. (b)(2). Pub. L. 91–172, § 1004(a), removed $105 ceiling on insurance benefits of wives.

Subsec. (c)(3). Pub. L. 91–172, § 1004(b), removed $105 ceiling on insurance benefits of husbands.

Subsec. (e)(4). Pub. L. 91–172, § 1004(c), removed $105 ceiling on insurance benefits of widows.

Subsec. (f)(5). Pub. L. 91–172, § 1004(c), removed $105 ceiling on insurance benefits of widowers.

1968—Subsec. (b)(2). Pub. L. 90–248, § 103(a), provided that a wife’s insurance benefit may not exceed $105.

Subsec. (c)(1). Pub. L. 90–248, § 157(a)(1), substituted in text preceding subpar. (A) “an individual” for “a currently insured individual (as defined in section 414(b) of this title)”.

Subsec. (c)(2). Pub. L. 90–248, § 157(a)(2), substituted in text preceding subpar. (A) “The provisions of subparagraph (C) of paragraph (1) of this subsection” for “The requirement in paragraph (1) of this subsection that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph”.

Subsec. (c)(3). Pub. L. 90–248, § 103(b), provided that a husband’s insurance benefit may not exceed $105.

Subsec. (d)(1)(B). Pub. L. 90–248, § 158(c)(1), substituted “section 423(d)” for “section 423(c)”.

Subsec. (d)(3). Pub. L. 90–248, § 151(a), inserted in first sentence “or his mother or adopting mother” after “adopting father”, and struck out in second sentence, “if such individual is the child’s father,” after “title shall”.

Subsec. (d)(4). Pub. L. 90–248, § 151(b), inserted, “or stepmother” after “stepfather” in two places.

Subsec. (d)(5) to (8). Pub. L. 90–248, § 151(c), struck out former par. (5) which provided that (1) a child is deemed dependent on his mother or adopting mother if she is currently insured, and (2) a child is deemed dependent on a mother who is not currently insured only if she is contributing one-half of the child’s support or, if the child is not living with his father nor being supported by him, only if she is then living with or supporting the child, and redesignated former pars. (6) to (9) as (5) to (8), respectively.

Subsec. (d)(8). Pub. L. 90–248, §§ 112(a), 151(c), added subpar. (E) and redesignated former par. (9) as (8), respectively. Former par. (8) redesignated (7).

Subsec. (d)(9). Pub. L. 90–248, § 151(c), (d)(1), redesignated former par. (10) as (9) and substituted “paragraph (8)” for “paragraph (9)”. Former par. (9) redesignated (8).

Subsec. (d)(10). Pub. L. 90–248, § 151(c), redesignated former par. (10) as (9).

Subsec. (e)(1). Pub. L. 90–248, § 104(a)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted therein: “or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month)”.

Subsec. (e)(1)(B). Pub. L. 90–248, § 104(a)(1), provided that a widow or surviving divorced wife may become entitled to widow’s insurance benefits if she is disabled and her disability began within the period specified in subsec. (e)(5) even though she has not attained age 60.

Subsec. (e)(1)(F). Pub. L. 90–248, § 104(a)(2), designated part of material formerly following subpar. (E) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i).

Subsec. (e)(1)(G). Pub. L. 90–248, § 104(a)(2), added subpar. (G).

Subsec. (e)(4). Pub. L. 90–248, § 103(c), provided that a remarried widow’s insurance benefit may not exceed $105.

Subsec. (e)(5), (6). Pub. L. 90–248, § 104(a)(3), added pars. (5) and (6).

Subsec. (f)(1). Pub. L. 90–248, § 157(b)(1), struck out in text preceding subpar. (A) “and currently” before “insured individual” and in cl. (ii) of subpar. (D) “, and she was a currently insured individual,” after “from such individual”.

Subsec. (f)(1)(B). Pub. L. 90–248, § 104(b)(1), provided that a dependent widower may become entitled to widower’s insurance benefits if he is disabled and his disability began within the specified period even though such individual has not attained age 62.

Subsec. (f)(1). Pub. L. 90–248, § 104(b)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted: “or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month)”.

Subsec. (f)(1)(F). Pub. L. 90–248, § 104(b)(2), designated part of text formerly following subpar. (F) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i).

Subsec. (f)(1)(G). Pub. L. 90–248, § 104(b)(2), added subpar. (G).

Subsec. (f)(2). Pub. L. 90–248, § 157(b)(2), substituted in text preceding subpar. (A) “The provisions of subparagraph (D) of paragraph (1) of this subsection” for “The requirement in paragraph (1) of this subsection that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,”.

Subsec. (f)(3). Pub. L. 90–248, § 104(b)(3), inserted reference to subsec. (q).

Subsec. (f)(5). Pub. L. 90–248, § 103(d), provided that a remarried widower’s insurance benefit may not exceed $105.

Subsec. (f)(6), (7). Pub. L. 90–248, § 104(b)(4), added pars. (6) and (7).

Subsec. (q). Pub. L. 90–248, § 104(c)(1), substituted “Reduction of benefit amounts for certain beneficiaries” for “Reduction of old-age, disability, wife’s, husband’s, or widow’s insurance benefit amounts” in heading.

Subsec. (q)(1). Pub. L. 90–248, § 104(c)(2)–(4), substituted “widow’s, or widower’s” for “or widow’s” in text preceding subpar. (A), “, widow’s, or widower’s” for “or widow’s” in subpar. (A), and added subpar. (C) and (D) provisions for further reduction of a widow’s or widower’s insurance benefit.

Subsec. (q)(3)(A). Pub. L. 90–248, § 104(c)(5), substituted “widow’s, or widower’s” for “or widow’s” wherever appearing, “50” for “60”, and inserted “or widower’s” after “(in the case of a widow’s)”.

Subsec. (q)(3)(C). Pub. L. 90–248, § 104(c)(6), substituted “widow’s, or widower’s” for “or widow’s” wherever appearing.

Subsec. (q)(3)(D). Pub. L. 90–248, § 104(c)(7), substituted “widow’s, or widower’s” for “or widow’s”.

Subsec. (q)(3)(E). Pub. L. 90–248, § 104(c)(8), inserted “in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower” after “(e)(1) of this section”, and “or he” after “she”, and substituted “widow’s or widower’s” for “widow’s” wherever appearing.

Subsec. (q)(3)(F). Pub. L. 90–248, § 104(c)(9), inserted “in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower” after “(e)(1) of this section”, and “or he” after “she”, and substituted “widow’s or widower’s” for “widow’s”.

Subsec. (q)(3)(G). Pub. L. 90–248, § 104(c)(10), inserted “in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower” before “(e)(1) of this section”, and “she or” before “he”, and substituted “widow’s or widower’s” for “widow’s” wherever appearing.

Subsec. (q)(6). Pub. L. 90–248, § 104(c)(11), extended definition of “reduction period” to apply to widower’s insurance benefit, inserted second alternative in subpar. (A)(i)(III) that the reduction period for a widow’s or widower’s insurance benefit begins with the “first day of the month in which such individual attains age 60, whichever is the later”, substituted paragraph “(5)” for “(4)” in item (II) of subpar. (A)(i), and added subpar. (B).

Subsec. (q)(7). Pub. L. 90–248, § 104(c)(12), in text preceding subpar. (A), inserted “or ‘additional adjusted reduction period’ ” after “the ‘adjusted reduction period’ ”, “or additional reduction period (as the case may be)” after “the reduction period”, and substituted “widow’s, or widower’s” for “or widow’s”, and in subpar. (E) substituted “widow’s or widower’s”, “she or he”, and “her or his” for “widow’s”, “she”, and “her”, respectively.

Subsec. (q)(9). Pub. L. 90–248, § 104(c)(13), inserted reference to widowers.

Subsec. (s). Pub. L. 90–248, § 158(c)(2), substituted “section 423(d)” for “section 423(c)” in pars. (1) to (3).

Subsec. (s)(2), (3). Pub. L. 90–248, § 151(d)(2), substituted “(d)(5)” for “(d)(6)” in pars. (2), (3).

Subsec. (t)(1). Pub. L. 90–248, § 162(a)(1), provided that “For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.”