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WIDOWER'S INSURANCE BENEFITS

(f) (1)

(b) (i) was receiving at least one-half of his support, as determined in accordance with regulations preseribed by the Secretary, from such individual at the time of her death and filed proof of such support within two years of such date of death, or (ii) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual, and she was a currently insured individual, at the time she became entitled to old-age insurance benefits and filed proof of such support within two years after the month in which she became so entitled, and 51, 52

MOTHER'S INSURANCE BENEFITS

(g) (3) In the case of any widow or former wife divorced of an individual

(A) who marries another individual, and

(B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not his widow as

defined in section 216 (c), the marriage to the individual referred to in clause (A) shall, for the purpose of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph, or (iii) the month following the month in which this paragraph is enacted.5

PARENT'S INSURANCE BENEFITS

(h), (1) Every parent (as defined in this subsection) of an individual who died a fully insured individual after 1939, if such individual did not leave a widow who meets the conditions in subsection (e) (1) (D),54 a widower who meets the conditions in subsection (f) (1) (D) and (E),56 an unmarried child under the age of eighteen deemed dependent on such individual under subsection (d) (3), (4), or (5), or an unmarried child who has attained the age of eighteen and is under a disability (as defined in section 223 (c))

For special provisions of the 1954 Amendments as to proof of support under this subsection, see sec. 113 of those Amendments, p. 200. See also see. 202 (p) of the Act, p. 31.

52 Sec. 3 (d) of P. L. 85-238 deleted former subpar. (D) and redesignated former subpar. (E) as (D) effective with respect to monthly benefits under sec. 202 for months after August 1957. Former subpar. "(D) read : "was living with such individual at the time of her death.'

63 Sec. (1) of P. L. 85–798 enacted on August 28, 1958, added a new par. (3) to sec. 202 (g). However, this was repealed by sec. 303 (a) of P. L. 85-840 which also added a new par. (3) to sec. 202 (8) effective with respect to monthly benefits for months after August 1958.

64. Sec. 3 (1) of P. L. 85–238 changed “(e) (1) (D) and (E)" to “(e) (1) (D)" effective with respect to inonthly benefits under sec. 202 for months after August 1957. However, see sec. 3 (i) (2) of P. L. 85-238 on p. 213, for limitations on the application of this provision.

55 Sec. 3 (1) of P. L. 85–238 changed "(f). (1) (D) (e) and (F)" to “() (1) (D) and (E).' See footnote 54 for effective date and limitations on application of this provision.

which began before he attained such age and who is deemed dependent on such individual under subsection (d) (6),66 and if such parent

REDUCTION OF INSURANCE BENEFITS

MAXIMUM BENEFITS

Sec. 203. (a) Whenever the total of monthly benefits to which individuals are entitled under section 202 for a month on the basis of the wages and self-employment income of an insured individual is more than $50 and exceeds (1) 80 per centum of his average monthly wage, or (2) one and one-half times his primary insurance amount, whichever is the greater, such total of benefits shall, after any deductions under this section, after any deductions under section 222 (b), and after any reduction under section 224, be reduced to 80 per centum of his average monthly wage or to one and one-half times his primary insurance amount, whichever is the greater, but in no case to less than $50; except that when any of such individuals so entitled would (but for the provisions of section 202 (k) (2) (A)) be entitled to child's insurance benefits on the basis of the wages and self-employment income of one or more other insured individuals, such total of benefits, after any deductions under this section, after any deductions under section 222 (b), and after any reduction under section 224, shall not be reduced to less than 80 per centum of the sum of the average monthly wages of all such insured individuals. In any case in which the total of the benefits referred to in the preceding sentence, after reduction (if any) thereunder, is more than $200, such total shall, notwithstanding the provisions of such sentence, be reduced to $200. Whenever a reduction is made under this subsection, each benefit, except the oldage insurance benefit, shall be proportionately decreased.57

PENALTIES

Sec. 208. Whoever, for the purpose of causing an increase in any payment authorized to be made under this title, or for the purpose of causing any payment to be made where no payment is authorized under this title, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1 or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2, or 21, or subtitle F of the Internal Revenue Code of 1954) as to the amount of any wages paid or received or the period during which earned or paid, or as to the amount of net earnings from self-employment derived or the period during which derived or whoever makes or causes to be made any false statement of a material fact in any application for any payment under this title, or whoever

60 Sec. 101 (c) of the 1956 Amendments added the material following.“(5)" through "subsection (d) (6)," applicable in the case of benefits under sec. 202 (h) based on wages and self-employment income of an individual who dies after August 1956.

B7 Subsec. 203 (a) was added by the 1954 Amendments and applies in the case of lumpsum death payments under sec. 202 of the Act with respect to deaths occurring after, and in the case of monthly benefits under such section for months after August 1954. For special provisions affecting benefit reductions in certain cases, see sec. 102 (h) of the 1954 Amendments; p. 197.

makes or causes to be made any false statement, representation, affidavit, or document in connection with such an application, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

DEFINITION OF EMPLOYMENT Sec. 210. For the purposes of this title(a) The term employment means * * *

(1) (A) Service performed in connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15 (8) of the Agricultural Marketing Act, as amended : 58

SEC. 215. For the purposes of this title

(a) (1) The primary insurance amount of any individual (i) who does not become eligible for benefits under section 202 (a) until after August 1954, or who dies after such month and without becoming eligible for benefits under such section 202 (a), and (ii) with respect to whom not less than six of the quarters elapsing after 1950 are quarters of coverage, and the primary insurance amount of any individual with respect to whom not less than six of the quarters elapsing after June 30, 1953, are quarters of coverage, shall be whichever of the following amounts is the larger:

(A) Fifty-five per centum of the first $110 of his average monthly wage, plus 20 per centum of the next $240; or

(B) The amount determined under subsection (c). An individual shall, for purposes of this paragraph, be deemed eligible for benefits under section 202 (a) for any month if he was or would have been, upon filing application therefor in such month, entitled to such benefits for such month.

(2) The primary insurance amount of any other individual shall be the amount determined under subsection (c).

(3) Notwithstanding paragraphs (1) and (2), in the case of any individual who in the month before the month in which he becomes entitled to old-age insurance benefits or dies, whichever first occurs, was entitled to a disability insurance benefit, his primary insurance amount shall be the amount computed as provided in this section (without regard to this paragraph) or his disability insurance benefit for such earlier month, whichever is the larger. 59

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(c) (1) Except as provided in paragraph (2) of this subsection, the amount referred to in paragraphs (1) (B) and (2) of subsection (a) for an individual shall be either the amount appearing in column III of the following table on the line on which in column I appears his primary insurance benefit (as determined under subsection (d)), or the amount appearing in column III of the following table on the line on which in column II appears his primary insurance amount (determined as provided in subsection (d), whichever produces the

58 Sec. 15 (8) of the Agricultural Marketing Act defines "agricultural commodity" to include "In addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of crude gum (oleoresin) from which derived : gum, spirits of turpentine, and gum resin,

69 Sec. 103 (c) (4) of the 1956 Amendments added par. (3).

higher amount; and his average monthly wage shall, for purposes of section 203 (a), be the amount appearing in column IV on the line on which, in column III, appears such higher amount.

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$10. $11. $12. $13 $14. $15. $16. $17 $18. $19. $20. $21 $22. $23 $24. $25. $26. $27 $28. $29 $30. $31 $32. $33 $34 $35. $36 $37 $38. $39. $40. $41 $42. $43. $44 $45. $46.

$25.00
27.00
29.00
31.00
33. 00
35.00
36. 70
38. 20
39. 50
40. 70
42.00
43. 50
45. 30
47. 50
50. 10
52. 40
54. 40
56. 30
58.00
59. 40
60. 80
62.00
63. 30
64. 40
65. 50
66. 60
67. 80
68. 90
70.00
71.00
72.00
73. 10
74. 10
75. 10
76. 10
77. 10
77. 10
77. 20
77. 30
77.40
77. 50
78.00
79.00
80. 10
81.00
82.00
83. 10
84.00
85.00

$30.00
32.00
34.00
36.00
38.00
40.00
41.70
43. 20
44. 50
45. 70
47.00
48. 50
50. 30
52. 50
55. 10
57.40
59.40
61.30
63.00
64. 40
66.30
67.90
69. 50
71. 10
72. 50
73. 90
75. 50
77. 10
78. 50
79. 90
81. 10
82. 70
83. 90
85. 30
86. 70
88. 50
88. 50
88. 50
88. 50
88. 50
88. 50
89. 10
90. 50
91. 90
93. 10
94. 50
95. 90
97. 10
98. 50

$55.00 58.00 62.00 65.00 69.00 73.00 76.00 79.00 81.00 83.00 85.00 88.00 91.00 95.00 100.00 104.00 108.00 114.00 123.00 130.00 139.00 147.00 155.00 163.00 170.00 177.00 185.00 193.00 200.00 207.00 213.00 221.00 227.00 234.00 241.00 250.00 250.00 250.00 250.00 250.00 250.00

00 260.00 267.00 273.00 280.00 287.00 293.00 300.00

(2) (A) In case the primary insurance benefit (determined as provided in subsection (d)) of an individual falls between the amounts on any two consecutive lines in column I of the table, the amount referred to in paragraphs (1) (b) and (2) of subsection (a) for such individual shall be the amount determined (i) by applying the formula in subsection (a) (1) to the average monthly wage which would be determined for such individual under paragraph (4) of this subsuction as in effect prior to the enactment of the Social Security Amendments of 1954, (ii) by increasing the amount determined under clause (i), if it is not a multiple of $0.10, to the next higher multiple of $0.10, and (iii) by further increasing such amount to the extent, if

any, it is less than $5 greater than the primary insurance amount which would be determined for him by use of his primary insurance benefit under paragraph (2) of this subsection as in effect prior to the enactment of the Social Security Amendments of 1954.

(b) 6. In case the primary insurance amount (determined under subsection (d)) of an individual falls between the amounts on any two consecutive lines in column II of the table, the amount referred to in paragraphs (1) (B) and (2) of subsection (a) for such individual shall be the amount determined under subparagraph (A) of this paragraph for an individual whose primary insurance benefit would (under paragraph (2) of this subsection as in effect prior to the enactment of the Social Security Amendments of 1954) produces such primary insurance amount; except that, if there is no primary insurance benefit which would (under such paragraph (2)) produce such primary insurance amount or if such primary insurance amount is higher than $77.10, the amount referred to in paragraphs (1) (B) and (2) of subsection (a) for such individual shall be the amount determined (i) by applying the formula in subsection (a) (1) to the average monthly wage from which such primary insurance amount was determined, (ii) by increasing the amount determined under clause (i), if it is not a multiple of $0.10, to the next higher multiple of $0.10, and (iii) by further increasing such amount to the extent, if any, it is less than $5 greater than such primary insurance amount.

(C) If the provisions of subparagraphs (A) and (B) of this paragraph are both applicable to an individual, the amount referred to in paragraphs (1) (B) and (2) of subsection (a) for such individual shall be the larger of the amounts determined under such subparagraphs.

(3) For the purpose of facilitating the use of the conversion table in computing any insurance benefit under section 202, the Secretary is authorized to assume that the primary insurance benefit from which such benefit under section 202 is determined is one cent or two cents more or less than its actual amount.

(4) For purposes of section 203 (a), the average monthly wage of an individual whose primary insurance amount is determined under paragraph (2) of this subsection shall be a sum equal to the average monthly wage which would result in such primary insurance amount upon the application of the provisions of subsection (a) (1) (A) of this section and without the application of subsection (e) (2) or (g) of this section; except that, if such sum is not a multiple of $1, it shall be rounded to the nearest multiple of $1 (or to the next higher multiple of $1 if it is a multiple of $0.50).

PRIMARY INSURANCE BENEFIT AND PRIMARY INSURANCE AMOUNT

FOR PURPOSES OF CONVERSION TABLE

(d) For the purposes of subsection (c), the primary insurance benefits and the primary insurance amounts of individuals shall be determined as follows:

(1) In the case of any individual who was entitled to a primary insurance benefit for August 1950, his primary insurance benefit

60 " (b)" appeared in law through error.

It should have been “(B)."

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