tation of such individual's primary insurance amount under §§ 404.269 to 404.275.

§ 404.261 Recomputation to include wages and self-employment income in the year of entitlement.

(a) Conditions. Recomputation is permitted under this paragraph if:

(1) The individual files application therefor after the year in which he became entitled (without the application of section 202 (j) (1) of the act) to oldage insurance benefits under section 202 (a),

(2) He became entitled to such benefits after August 1954, and

(3) His closing date for purposes of computing his average monthly wage and primary insurance amount was determined under paragraph (a), (b), or (d) of § 404.241.

(b) Method of computation. The computation shall be made in the same manner as is provided in §§ 404.232 to 404.242, except that his closing date for purposes of § 404.241 shall be the first day of the year following the year in which he became entitled to old-age insurance benefits.

(c) Effective date. Such recomputation shall be effective for and after the first month in which his entitlement to old-age insurance benefits was effective, but in no event for any month prior to the twenty-fourth month before the month in which the application specified in paragraph (a) of this section is filed.

(d) Applicability to other recomputations. The provisions of this section shall be applicable to a recomputation under §§ 404.262, 404.263 (except a recomputation under paragraph (c) thereof) and § 404.264 (but only if the primary insurance amount was computed under the method specified in either paragraph (b) (2) or (3) of such section) in the same manner as though the individual became entitled in the year in which he filed the application for the recomputation specified in such sections. § 404.262 Recomputation based on 6 quarters of coverage after June 30, 1953.

(a) Conditions. An individual entitled to old-age insurance benefits under section 202 (a) may have his primary insurance amount recomputed under this paragraph if:

(1) He files an application therefor after August 1954,

(2) He was entitled, or upon filing application therefor, would have been entitled to old-age insurance benefits for August 1954,

(3) He has 6 quarters of coverage after June 30, 1953, and

(4) The provisions of § 404.242 were not previously applicable to the computation of his primary insurance amount.

(b) Method of computation. The recomputation shall be made in the same manner as is provided in §§ 404.232 to 404.242 for the computation of the primary insurance amount as though the individual became entitled to old-age insurance benefits as of the date he filed the application specified in paragraph (a) of this section.

(c) Effective date. Such recomputation shall be effective for and after the twelfth month before the month in which such application was filed, but in no case before the first month of the quarter which is such individual's sixth quarter of coverage after June 30, 1953. § 404.263 Recomputation after

earn

ings of $1,200 in a calendar year. (a) Conditions. Recomputation is permitted under this paragraph if:

(1) The individual entitled to old-age insurance benefits files application therefor after 1954,

(2) He has not less than 6 quarters of coverage after 1950 and prior to the quarter in which he filed such application,

(3) He has wages and self-employment income of more than $1,200 in a calendar year which occurs after 1953 (not taking into account any year prior to the calendar year in which he filed an effective application for the recomputation of his primary insurance amount under §§ 404.262 to 404.265) and after the year in which he became (without the application of section 202 (j) (1) of the act) entitled to old-age insurance benefits, and

(4) He filed the application referred to in subparagraph (1) of this paragraph no earlier than 6 months after the calendar year specified in subparagraph (3) of this paragraph in which he had such wages and self-employment in

come.

For the purpose of subparagraph (3) of this paragraph, an individual who files an effective application for a recomputation under § 404.262 or $ 404.264 (but only if with respect to such application

the method specified in 404.264 (b) (3) was used to compute such individual's primary insurance amount) shall be deemed to have become entitled to oldage insurance benefits in the year in which he filed such effective application. (b) Method of computation. The computation shall be made in the same manner as is provided in §§ 404.232 to 404.242 for the computation of the primary insurance amount as though:

(1) The individual became entitled to old-age insurance benefits as of the date he filed application for recomputation, and

(2) The individual met the conditions of either paragraph (a) or (b) of § 404.233 if the conditions of either of such paragraphs have not actually been met.

(c) Alternative method of computation. Notwithstanding the provisions of paragraph (b) this section, only the provisions of §§ 404.232 (a), 404.237 to 404.242 (but without regard to the provisions of paragraphs (b) and (c) of § 404.241) shall be applicable to a recomputation under this section if with respect to previous computation of his primary insurance amount the provisions of § 404.242 were applicable.

(d) Effective date. Such a recomputation shall be effective for and after the twelfth month before the month in which he filed the application specified in paragraph (a) (1) of this section, but in no event earlier than the month following the calendar year specified in paragraph (a) (3) of this section.

For the purposes of paragraph (a) (3) of this section, an individual's self-employment income shall be allocated to calendar quarters in accordance with section 212 of the act.

§ 404.264 Recomputation based on deductions from benefits or attainment of age 75.

age or over prior to 1955 and in the month in which he filed the application required by subparagraph (1) of this paragraph and his old-age insurance benefit was, prior to the filing of such application, based upon a primary insurance amount computed under § 404.202 (c), and

(3) He had at least 6 quarters of coVerage after 1950 and before 1955, and prior to the quarter in which he filed application for recomputation.

(b) Method of computation (1) Conditions, including filing of application, met prior to September 1954. If the individual met all the conditions in paragraph (a) of this section prior to September 1954, his primary insurance amount shall be computed in the same manner as is provided in § 404.202 (a) and 88 404.205 to 404.209 for the computation of the primary insurance amount as though the individual became entitled to old-age insurance benefits in the month in which he filed his application for recomputation specified in paragraph (a) (1) of this section. For months after August 1954, such amount shall be determined through the use of the conversion table under § 404.234.

(2) Conditions, except filing of application, met prior to September 1954. I after the last previous computation of his primary insurance amount, the individual filed the application specified in paragraph (a) (1) of this section after August 1954 and met the conditions of subparagraphs (2) and (3) of paragraph (a) of this section prior to September 1954, his primary insurance amount shall be recomputed in the manner provided in § 404.232 (b), and §§ 404.234 to 404.241 (but without regard to the provisions of §§ 404.234 (a) and 404.241 (d)) and as though he became entitled to old-age insurance benefits in the month in which he filed his application for recomputation specified in paragraph (a) (1) of this section.

(3) Conditions met after August 1954 If the individual did not meet the conditions of either subparagraph (2) or (3) of paragraph (a) of this section until after August 1954, his primary insurance amount shall be recomputed in the manner provided in §§ 404.232 to 404.242 and as though he became entitled to old-age insurance benefits in the month in which he filed his application for recomputation specified in paragraph

(a) (1) of this section and as though he met the conditions of paragraphs (a) and (b) of § 404.233.

(c) Effective date. Such recomputation shall be effective for and after the month in which was filed the application for recomputation specified in paragraph (a) (1) of this section.

§ 404.265 Recomputation based on services covered by a retroactive agreement under section 218.

(a) Conditions. Any individual whose primary insurance amount has not been recomputed under section 215 (f) (2) of the act in effect prior to the enactment of the Social Security Amendments of 1954 may have his primary insurance amount recomputed under § 404.264, provided he does not meet the provisions of paragraph (a) (2) of such section, if:

(1) He meets the provisions of paragraph (a) (1) and (3) of such section (provided the application is filed prior to January 1956),

(2) He performed services prior to January 1955:

(i) To which an agreement under section 218 was made applicable, and

(ii) On the basis of which deductions under section 203 of the act were not imposed because such services were performed prior to the date the agreement was agreed to or, if the original agreement was not applicable to such services, were performed prior to the date the modification making such agreement applicable to such services was agreed to, and

(iii) On the basis of which deduction would have been imposed under section 203 had such agreement or modification, as the case may be, been agreed to on the date it became effective, and

(3) With respect to the number of deductions imposed under section 203 (b) (1) and (2) of the act when added to the number of deductions that would have been imposed by reason of subparagraph (2) (iii) of this paragraph, he meets the conditions of paragraph (a) (2) of § 404.264.

(b) Method of computation. The individual's primary insurance amount shall be recomputed as though he became entitled to old-age insurance benefits in whichever of the following months yields the highest primary insurance amount:

(1) The month following the last month for which deductions under sec

tion 203 would have been imposed under the conditions specified in subparagraph (2) (iii) of paragraph (a) of this section;

(2) The first month after the month determined under subparagraph (1) of this paragraph, but prior to September 1954, in which his old-age insurance benefits were no longer subject to deductions under section 203 (b) of the act;

(3) The first month, prior to September 1954, after the last month in which his old-age insurance benefits were subject to deductions under section 203 (b),

or

(4) The month after August 1954 in which the individual filed the application specified in paragraph (a)(1) of this section.

Where the provisions of subparagraph (1), (2), or (3) of this paragraph apply, the recomputation shall be made under the provisions in § 404.202 (a) and §§ 404.205 to 404.209 and through the use of the conversion table under § 404.234. Where the provisions of subparagraph (4) of this paragraph apply, the recomputation shall be made under the provisions of § 404.232 (b) and §§ 404.234 to 404.241 (but without regard to the provisions of § 404.234 (a)).

(c) Effective date. Such recomputation shall be effective for and after the month in which the application specified in paragraph (a) (1) of this section is filed. Any increase in benefits by reason of such recomputation shall not be paid on the basis of such individual's wages and self-employment income for all the total of such increased benefits equals the total of benefits paid on such wages and self-emplyoment income for all the months which were covered by the agreement or modification, referred to in paragraph (a) (2) of this section, and during which deductions under section 203 would have been imposed had such agreement or modification been agreed to on the date it became effective. § 404.266 Recomputation to include wages immediately preceding entitle

ment.

With respect to individuals who became (without the application of section 202 (j) (i)) entitled to old-age insurance benefits prior to September 1954, recomputation is permitted under this section if the individual files an application therefor at least 6 months after the month in which he became so en

titled. Such recomputation shall be made in the same manner as is provided in §§ 404.202 to 404.210 for the computation of the primary insurance amount, except that for purposes of § 404.209 such individual's closing date shall be the first day of the quarter in which he became entitled to old-age insurance benefits. Such recomputation shall be effective for and after the first month of entitlement to old-age insurance benefits. For months after August 1954, such amount shall be determined through the use of the conversion table under § 404.234.

An individual who became entitled to an old-age insurance benefit in 1952, or in 1953 in a taxable year which began in 1952 (and without the application of section 202 (j) (1)) and who had selfemployment income for a taxable year which ended within or with 1952 or which began in 1952 may have his oldage insurance benefit recomputed if he files an application therefor after the close of such taxable year. Such recomputation shall be made in the manner as is provided in §§ 404.202 to 404.210 (but without regard to section 215(b) (4) (A) of the act in effect prior to the Social Security Amendments of 1954; see § 404.206(a)) for the computation of the primary insurance amount, except that, for purposes of $ 404.209, such individual's self-employment income closing date shall be the day following the quarter with or within which such taxable year ended, and for purposes of § 404.206, the self-employment income for any subsequent taxable year shall not be taken into account. Such recomputation shall be effective for and after the first month in which such individual became entitled to old-age insurance benefits; for months after August 1954, such amount shall be determined through the use of the conversion table under § 404.234.

§ 404.268 Recomputation

to include self-employment income excluded in previous computation.

(a) Conditions and effective date. Recomputation is permitted under this section if, in determining an individual's average monthly wage, self-employment income for the taxable year ending after the month before the month in which he became entitled to old-age insurance benefits was not, pursuant to the provi

sions of § 404.238 (c), included in his total self-employment income. Such recomputation shall be made after the close of such taxable year to take into account such self-employment income in such taxable year as is, pursuant to section 212 of the act, allocated to the calendar quarters prior to the closing date used in determining such individual's average monthly wage. Such recomputation shall be effective for and after the first month in which the individual became entitled to old-age insurance benefits.

(b) Applicability to other recomputations. The provisions of this section and § 404.238 (c) shall be applicable to a recomputation under §§ 404.262, 404.263, 404.264 (but only if the primary insurance amount was computed under the method specified in either paragraph (b) (2) or (3) of such section) and $ 404.265 (but only where the provisions of paragraph (b) (4) apply) in the same manner as though the individual became entitled in the year in which he filed the application for the recomputation specified in this section. § 404.269 Recomputation at the request

of a survivor of an individual to include wages and self-employment income in the year of entitlement or death.

(a) Conditions. Recomputation is permitted under this paragraph if:

(1) The individual on the basis of whose wages and self-employment income recomputation of the primary insurance amount is requested died after August 1954;

(2) The last previous computation or recomputation of his primary insurance amount, if any, was based on a closing date determined under paragraphs (a), (b), or (d) of $ 404.241, and

(3) A survivor entitled to monthly benefits or a lump-sum death payment on the basis of such individual's wages and self-employment income files an application for such recomputation Notwithstanding the previous provisions of this paragraph a recomputation under this section is not permitted in the case of an individual entitled to oldage insurance benefits in the month of death unless such individual became entitled to such benefits after August 1954, or, if entitled prior to September 1954, such individual's primary insurance amount was recomputed on the basis of an application filed after August 1954 under any of the following sections:

§§ 404.262, 404.263, 404.264 (but only if the primary insurance amount was computed under the method specified in either § 404.264 (b) (2) or (3)), §§ 404.270, 404.271, 404.272 (but only if the primary insurance amount was computed under the method specified in either paragraph (b) (1) (ii) or (iii) of § 404.272).

Such

(b) Methods of computation. recomputation shall be made in the same manner as is provided in §§ 404.232 to 404.242 for the computation of the primary insurance amount except that the individual's closing date shall be:

(1) The day following the year of such individual's death, if such individual was not entitled to an old-age insurance benefit, or

(2) The day following the year in which such individual became entitled to old-age insurance benefits, if such individual's primary insurance amount has not been recomputed under any of the provisions specified in the last sentence of paragraph (a) of this section, or

(3) The day following the year in which he filed his last effective application for a recomputation under any of the provisions specified in the last sentence of paragraph (a) of this section, or

(4) The day following the year of death if the individual's primary insurance amount was recomputed, under the provision specified in the last sentence of paragraph (a) of this section, for the purpose of determining the amount of the survivor's monthly benefits or a lump-sum death payment payable on the basis of such individual's wages and self-employment income.

(c) Effective date and applicability. Such recomputation shall be applicable to survivor's monthly benefits and the lump-sum death payment payable on the basis of the individual's wages and self-employment income. With respect to such monthly benefits, such recomputation shall be effective for and after the first month in which the survivor became entitled to such monthly benefit, but in no event for any month prior to the twenty-fourth month before the month in which the application, specified in paragraph (a) (3) of this section, is filed.

§ 404.270 Recomputation where individual has 6 quarters of coverage after June 30, 1953, at time of death. Recomputation (a) Conditions. permitted under this section if:

is

(1) In the month of the individual's death, he met the conditions, except the filing of an application, for a recomputation under § 404.262, and

(2) The survivor entitled to monthly benefits files application therefor.

(b) Method of computation. The recomputation shall be made in the same manner as is provided in §§ 404.232 to 404.242 for the computation of the primary insurance amount as though the individual became entitled to old-age insurance benefits in the month of death. (c) Effective date and applicability. Such recomputation shall be applicable only to survivor's monthly benefits and shall be effective for and after the first month in which the survivor became entitled to such monthly benefits. § 404.271 Recomputation for a survivor after individual has earnings of $1,200 in a calendar year or to include his railroad compensation.

(a) Conditions. A survivor entitled to monthly benefits or a lump-sum death payment on the basis of the wages and self-employment income of an individual who died after 1954 and who has been entitled to an old-age insurance benefit at the time of death, may secure recomputation of the decedent's primary insurance amount without filing application therefor provided:

(1) The decedent would have been entitled to a recomputation under § 404.263 (but without regard to the provisions of paragraph (a) (4)) had he filed application therefor in the month of death, or

(2) The decedent during his lifetime was paid compensation under the Railroad Retirement Act (see Subpart O of this part) and his old-age insurance benefits had not been recalculated pursuant to the provisions of § 404.277.

(b) Method of recomputation—(1) Where based on earnings of $1,200 in a calendar year. If recomputation is permitted by paragraph (a) (1) of this section such recomputation shall be made as though the decedent had filed application for recomputation under § 404.263 in the month of death, except that such recomputation will also include any railroad compensation (see Subpart of this part) paid to the decedent prior to the applicable closing date used in such computation.

(2) Where based on railroad compensation. If recomputation is permitted