be counted in determining his benefit computation years, except as provided in subsection (f) (3) (C).1

196 197

Recomputation of Benefits

(f) (1) After an individual's primary insurance amount has been determined under this section, there shall be no recomputation of such individual's primary insurance amount except as provided in this subsection or, in the case of a World War II veteran who died prior to July 27, 1954, as provided in section 217 (b).1

198

(2) (A) Upon application filed after 1960 199 by an individual entitled to old-age insurance benefits, the Secretary shall recompute his primary insurance amount if—

(i) he has not less than six quarters of coverage in the period after 1950 and prior to the quarter in which such application is filed,

(ii) 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 the last previous recomputation, if any, of his primary insurance amount was effective) and after the year in which he became (without the application of section 202 (j) (1)) entitled to old-age insurance benefits or filed an application for recomputation (to which he is entitled) under section 102 (e) (5) (B) or 102 (f) (2) (B) of the Social Security Amendments of 1954,200 whichever of such events is the latest, and

(iii) he filed such application 201 after such calendar year referred to in clause (ii) in which he had such wages and selfemployment income.

Such recomputation shall be effective for and after the twelfth month before the month in which he filed such application for recomputation but in no event earlier than the month following such calendar year referred to in clause (ii). For the purposes of this subparagraph an individual's self-employment income shall be allocated to calendar quarters in accordance with section 212.

(B) A recomputation pursuant to subparagraph (A) shall be made

(i) only as provided in subsection (a) (1), if the provisions of subsection (b), as amended by the Social Security Amendments of 1960, were applicable to the last previous computation of the individual's primary insurance amount, or

(ii) as provided in subsection (a) (1) and (3), in all other

cases.

196 P. L. 86-778, sec. 303 (d) (1) amended sec. 215 (e) (3) in its entirety, effective with respect to individuals who become entitled to benefits under sec. 202 (a) after 1960. For sec. 215 (e) (3) as it read prior to this amendment, see p. 301. See also sec. 303 (g) of P. L. 86-778, on p. 230. 197 P. L. 86-778, sec. 303 (d) (2) deleted sec. 215 (e) (4) effective with respect to individuals who meet the conditions in any of the subpars. of sec. 215 (b) (4) as amended by P. L. 86-778. For sec. 215 (e) (4) as it read prior to repeal see p. 301.

188 See sec. 102 (e) (5) and sec. 101 (f) (2) (B) of the Social Security Amendments of 1954 (pp. 193 and 196, respectively) for recomputations under special circumstances. 199 P. L. 86-778, sec. 303 (e) (1) approved September 13, 1960, substituted "1960" in lieu of "1954".

200 See p. 193 for sec. 102 (e) (5) (B) of the Social Security Amendments of 1954 (P. L. 761, 83d Cong.) and p. 196 for sec. 102 (f) (2) (B) of such amendments.

201 P. L. 86-778, sec. 303 (e) (1) deleted the words "no earlier than six months," effective with respect to applications for recomputation under sec. 215 (f) (2) filed after 1960.

Such recomputation shall be made as though the individual became entitled to old-age insurance benefits in the month in which he filed. the application for such recomputation, except that if clause (i) of this subparagraph is applicable to such recomputation, the computation base years referred to in subsection (b) (2) shall include only calendar years occurring prior to the year in which he filed his application for such recomputation.202, 203

(3) (A) Upon application by an individual

(i) who became entitled to old-age insurance benefits under section 202 (a) after December 1960, or

(ii) whose primary insurance amount was recomputed as provided in paragraph (2) (B) (ii) of this subsection on the basis of an application filed after December 1960,

the Secretary shall recompute his primary insurance amount if such application is filed after the calendar year in which he became entitled to old-age insurance benefits or in which he filed application for the recomputation of his primary insurance amount under clause (ii) of this sentence, whichever is the later. Such recomputation under this subparagraph shall be made as provided in subsection (a) (1) and (3) of this section, except that such individuals computation base years referred to in subsection (b) (2) shall include the calendar year referred to in the preceding sentence. Such recomputation under this subparagraph shall be effective for and after the first month for which his last previous computation of his primary insurance amount was effective, but in no event for any month prior to the twenty-fourth month before the month in which the application for such recomputation is filed.

(B) In the case of an individual who dies after December 1960 and

(i) who, at the time of death was not entitled to old-age insurance benefits under section 202 (a), or

(ii) who became entitled to such old-age insurance benefits after December 1960, or

(iii) whose primary insurance amount was recomputed under paragraph (2) of this subsection on the basis of an application filed after December 1960, or

(iv) whose primary insurance amount was recomputed under paragraph (4) of this subsection,

the Secretary shall recompute his primary insurance amount upon the filing of an application by a person entitled to monthly benefits or a lump-sum death payment on the basis of such individual's wages and self-employment income. Such recomputation shall be made as provided in subsection (a) (1) and (3) of this section, except that such individual's computation base years referred to in subsection (b) (2) shall include the calendar year in which he died in the case of an individual who was not entitled to old-age insurance benefits at the time of death or whose primary insurance amount was recomputed under paragraph (4) of this subsection, or in all other cases, the calendar

202 P. L. 86-778, sec. 303 (e) (2) amended sec. 215 (f) (2) (B) in its entirety applicable as indicated therein. For subpar. (B) as it read prior to this amendment, see p. 301. 203 See P. L. 86-778, sec. 303 (i) (1) p. 231, for applicable provisions in cases where an application for a recomputation under sec. 215 (f) is filed after 1954 and prior to

year in which he filed his application for the last previous computation of his primary insurance amount. In the case of monthly benefits, such recomputation shall be effective for and after the month in which the person entitled to such monthly benefits became so entitled, but in no event for any month prior to the twenty-fourth month before the month in which the application for such recomputation is filed.

(C) In the case of an individual who becomes entitled to old-age insurance benefits in a calendar year after 1960, if such individual has self-employment income in a taxable year which begins prior to such calendar year and ends after the last day of the month preceding the month in which he became so entitled, the Secretary shall recompute such indivdual's primary insurance amount after the close of such taxable year and shall take into account in determining the individual's benefit computation years only such self-employment income in such taxable year as is credited, pursuant to section 212, to the year preceding the year in which he became so entitled. Such recomputation shall be effective for and after the first month in which he became entitled to old-age insurance benefits.204, 205

(4) Upon the death after 1960 206 of an individual entitled to oldage insurance benefits, if any person is entitled to monthly benefits, or to a lump-sum death payment, on the basis of the wages and selfemployment income of such individual, the Secretary shall recompute the decedent's primary insurance amount, but only if

(A) the decedent would have been entitled to a recomputation under paragraph (2) (A) 207 if he had filed application therefor in the month in which he died; or

(B) the decedent during his lifetime was paid compensation which was treated under section 205 (o) as remuneration for employment.

If the recomputation is permitted by subparagraph (A) the recomputation shall be made (if at all) as though he had filed application for a recomputation under paragraph (2) (A) in the month in which he died.208 If the recomputation is permitted by subparagraph (B), the recomputation shall take into account only the wages and self-employment income which were considered 209 in the last previous computation of his primary insurance amount and the compensation (described in section 205 (o)) paid to him in the years in which such wages were paid or to which such self-employment income was credited.210 If both of the preceding sentences are applicable to an

204 P. L. 86-778, sec. 303 (e) (3) amended sec. 215 (f) (3) in its entirety, applicable as indicated therein. For sec. 215 (f) (3) as it read prior to this amendment, see p. 300. 205 See sec. 303 (h) of P. L. 86-778, p. 231, for conditions under which the provisions of sec. 215 in effect prior to the amendments made by P. L. 86-778 shall continue to apply. 206 P. L. 86-778, sec. 303 (e) (4) (A) changed "1954" to "1960."

207 P. L. 86-778, sec. 303 (e) (4) (B) deleted the parenthetical phrase "(without the application of clause (iii) thereof)," effective in the case of deaths occurring on or after September 13, 1960.

208 P. L. 86-778, sec. 303 (e) (4) (A) deleted the following from the end of the second sentence of par. (4): "except that such recomputation shall include any compensation (described in sec. 205 (0) paid to him prior to the closing date which would have been applicable under such paragraph," applicable with respect to recomputation under sec. 215 (f) (4) in the case of deaths after 1960.

209 P. L. 86-778, sec. 303 (e) (4) (A) substituted "considered" for "taken into account." 210 P. L. 86-778, sec. 303 (e) (4) (A), substituted "in the years in which such wages were paid or to which such self-employment income was credited," for "prior to the closing date applicable to such recomputation" applicable with respect to recomputations under sec. 215 (f) (4) in the case of deaths after 1960.

individual, only the recomputation which results in the larger primary insurance amount shall be made.211, 212

(5) In the case of any individual who became entitled to old-age insurance benefits in 1952 or in a taxable year which began in 1952 (and without the application of section 202 (j) (1)), or who died in 1952 or in a taxable year which began in 1952 but did not become entitled to such benefits prior to 1952, and who had self-employment income for a taxable year which ended within or with 1952 or which began in 1952, then upon application filed by such individual 213 after the close of such taxable year and prior to January 1961 214 or (if he died without filing such application and such death occurred prior to January 1961 215 by a person entitled to monthly benefits on the basis of such individual's wages and self-employment income, the Secretary shall recompute such individual's primary insurance amount. Such recomputation shall be made in the manner provided in the preceding subsections of this section (other than subsection (b) (4) (Á)) 216 for computation of such amount, except that (A) the self-employment income closing date shall be the day following the quarter with or within which such taxable year ended, and (B) the self-employment income for any subsequent taxable year shall not be taken into account. Such recomputation shall be effective (A) in the case of an application filed by such individual, for and after the first month in which he became entitled to old-age insurance benefits, and (B) in the case of an application filed by any other person, for and after the month in which such person who filed such application for recomputation became entitled to such monthly benefits. No recomputation under this paragraph pursuant to an application filed after such individual's death shall affect the amount of the lump-sum death payment under subsection (i) of section 202, and no such recomputation shall render erroneous any such payment certified by the Secretary prior to the effective date of the recomputation.

(6) Any recomputation under this subsection shall be effective only if such recomputation results in a higher primary insurance amount.217

211 P. L. 86-778, sec. 303 (1) (2) provides as follows: "In the case of an individual who died after 1954 and prior to 1961 and who was entitled to an old-age insurance benefit under section 202 (a) at the time of his death, the provisions of section 215 (f) (4) of the Social Security Act in effect prior to the enactment of this Act shall apply." P. L. 86-778 was enacted on September 13, 1960.

212 For sec. 215 (f) (4) as it read prior to the 1954 Amendments, see p. 259. See also sec. 102 (e) (5) of the Social Security Amendments of 1954, p. 193.

213 P. L. 86-778, sec. 304 (a), inserted the words "by such individual" effective September 13, 1960.

214 P. L. 86-778, sec. 304 (a) substituted "and prior to January 1961" for "by such individual," effective September 13, 1960.

215 P. L. 86-778, sec. 304 (a) inserted the words "and such death occurred prior to January 1961," effective September 13, 1960.

216 This reference was to a provision which prohibited inclusion of self-employment income in any taxable year ending in or after the month in which the individual died or became entitled to old-age insurance benefits, whichever first occurs. This provision was repealed by the Social Security Amendments of 1954 (P. L. 761, 83d Cong.).

217 P. L. 86-778, sec. 303 (j) provides that in the case of an individual whose average monthly wage is computed under the provisions of sec. 215 (b) of the Social Security Act, as amended by this Act, and

(1) who is entitled, by reason of the provisions of sec. 202 (j) (1) or sec. 223 (b) of the Social Security Act, to a monthly benefits for any month prior to January 1961, or

(2) who is (or would, but for the fact that such recomputation would not result in a higher primary insurance amount for such individual be) entitled, by reason of sec. 215 (f) of the Social Security Act, to have his primary insurance amount recomputed effective for a month prior to January 1961.

his average monthly wage as determined under the provisions of such sec. 215 (b) shall be his average monthly wage for the purposes of determining his primary insurance amount for such prior month.

Rounding of Benefits

(g) The amount of any primary insurance amount and the amount of any monthly benefit computed under section 202 or 223 which (after reduction under section 203 (a)) and deductions under section 203 (b) 218 is not a multiple of $0.10 shall be raised to the next higher multiple of $0.10.

(h) (1) Notwithstanding the provisions of the Civil Service Retirement Act, remuneration paid for service to which the provisions of section 210 (1) (1) 219 of this Act are applicable and which is performed by an individual as a commissioned officer of the Reserve Corps of the Public Health Service prior to July 1, 1960, shall not be included in computing entitlement to or the amount of any monthly benefit under this title, on the basis of his wages and self-employment income, for any month after June 1960 and prior to the first month with respect to which the Civil Service Commission certifies to the Secretary that, by reason of a waiver filed as provided in paragraph (2), no further annuity will be paid to him, his wife, and his children, or, if he has died, to his widow and children, under the Civil Service Retirement Act on the basis of such service.

(2) In the case of a monthly benefit for a month prior to that in which the individual, on whose wages and self-employment income such benefit is based, dies, the waiver must be filed by such individual; and such waiver shall be irrevocable and shall constitute a waiver on behalf of himself, his wife, and his children. If such individual did not file such a waiver before he died, then in the case of a benefit for the month in which he died or any month thereafter, such waiver must be filed by his widow, if any, and by or on behalf of all his children, if any; and such waivers shall be irrevocable. Such a waiver by a child shall be filed by his legal guardian or guardians, or, in the absence thereof, by the person (or persons) who has the child in his care. 220

Other Definitions

Sec. 216. For the purposes of this title—

Retirement Age

(a) The term "retirement age" means

(1) in the case of a man, age sixty-five, or

in the case of a woman, age sixty-two.221

Wife

(b) The term "wife" means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year 222 immediately preceding

218 P. L. 86-778, sec. 211 (n) inserted "and deductions under section 203 (b)," effective with respect to taxable years beginning after December 1960.

219 P. L. 86-778, sec. 103 (j) (2) (C), changed the reference to "210 (1) (1)" from "210 (m) (1)" effective September 13, 1960.

220 P. L. 86-415, sec. 7, added subsec. (h) effective April 8, 1960.

221 See sec. 102 (b) of the Social Security Amendments of 1956 (P. L. 880, 84th Cong.), p. 179, setting conditions and limitations regarding the amendment, by sec. 102 (a) of such act, lowering the retirement age for women.

222 P. L. 86-778, sec. 207 (a) substituted "one year" for "three years" applicable only with respect to monthly benefits under sec. 202 for months beginning with September 1960, on the basis of applications filed in or after September 1960.