Section 145(b) of Pub. L. 92-603 provided that: "The amendments made by this section [amending subsec. (k) of this section] shall apply only with respect to benefits payable under title II of the Social Security Act [this subchapter] for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted [Oct. 1972]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 431, 1382c, 139511 of this title; title 30 section 902. § 417. Benefits for veterans; definitions; determination of benefits. TRANSFER OF FUNCTIONS The Environmental Science Services Administration in the Department of Commerce, including the offices of the Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau [now the National Weather Service], the Coast and Geodetic Survey [now the National Ocean Survey], the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories. $418. Voluntary agreements for coverage of State and local employees. (p) Policemen and firemen in certain States. (1) Any agreement with the State of Alabama, California, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Maryland, New York, North Carolina, North Dakota, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, or Washington entered into pursuant to this section prior to August 1, 1956, may, notwithstanding the provisions of subsection (d) (5) (A) of this section and the references thereto in subsection (d) (1) and (d) (3) of this section, be modified pursuant to subsection (c) (4) of this section to apply to service performed by employees of such State or any political subdivision thereof in any policeman's or fireman's position covered by a retirement system in effect on or after August 1, 1956, but only upon compliance with the requirements of subsection (d) (3) of this section. For the purposes of the preceding sentence, a retirement system which covers positions of policemen or firemen, or both, and other positions shall, if the State concerned so desire, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be. (As amended Oct. 30, 1972, Pub. L. 92-603, title I, § 126, 86 Stat. 1358.) AMENDMENTS 1972 Subsec. (p) (1). Pub. L. 92-603 inserted "Idaho," after "Hawaii,". MODIFICATION OF EXISTING AGREEMENT WITH NEW MEXICO TO COVER CERTAIN HOSPITAL EMPLOYEES Section 127 of Pub. L. 92-603 provided that: "Notwithstanding any provisions of section 218 of the Social Security Act [this section], the Agreement with the State of New Mexico heretofore entered into pursuant to such section may at the option of such State be modi fied at any time prior to the first day of the fourth month after the month in which this Act is enacted [Oct. 1972], so as to apply to the services of employees of a hospital which is an integral part of a political subdivision to which an agreement under this section has not been made applicable, as a separate coverage group within the meaning of section 218(b)(5) of such Act [subsec. (b) (5) of this section], but only if such hospital has prior to 1966 withdrawn from a retirement system which had been applicable to the employees of such hospital." MODIFICATION OF AGREEMENT WITH LOUISIANA WITH RESPECT TO VOTER REGISTRARS section Section 139 of Pub. L. 92-603 provided that: "(a) Notwithstanding the provisions of 218(g) (1) of the Social Security Act [subsec. (g)(1) of this section], the Secretary may, under such conditions as he deems appropriate, permit the State of Louisiana to modify its agreement entered into under section 218 of such Act [this section] so as to terminate the coverage of all employees who are in positions under the Registrars of Voters Employees' Retirement System, effective after December 1975, but only if such State files with him notice of termination on or before December 31, 1973. "(b) If the coverage of such employees in positions under such retirement system is terminated pursuant to subsection (a), coverage cannot later be extended to employees in positions under such retirement system." MODIFICATION OF AGREEMENTS WITH STATES WITH RESPECT TO CERTAIN STUDENTS AND PART-TIME EMPLOYEES Section 141 of Pub. L. 92-603 provided that: "(a) Notwithstanding any provision of section 218 of the Social Security Act [this section], the agreement with any State (or any modification thereof) entered into pursuant to such section may, at the option of such State, be modified at any time prior to January 1, 1974, so as to exclude either or both of the following: "(1) service in any class or classes of part-time positions; or "(2) service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university. "(b) Any modification of such agreement pursuant to this section shall be effective with respect to services performed after the end of the calendar quarter following the calendar quarter in which such agreement is modified. "(c) If any such modification terminates coverage with respect to service in any class or classes of part-time positions in any coverage group, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to service in such positions in such coverage group; if such modification terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university." MODIFICATION OF AGREEMENT WITH WEST VIRGINIA WITH RESPECT TO CERTAIN POLICEMEN AND FIREMEN Section 143 of Pub. L. 92-603 provided that: "(a) Notwithstanding the provisions of subsection (d) (5) (A) of section 218 of the Social Security Act [subsec. (d) (5) (A) of this section] and the references thereto in subsections (d) (1) and (d) (3) of such section 218 [subsecs. (d) (1) and (d) (3) of this section] the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 [this section] may, at any time prior to 1974, be modified pursuant to subsection (c) (4) of such section 218 [subsec. (c) (4) of this section] so as to apply to services performed in policemen's or firemen's positions covered by a retirement system on the date of the enactment of this Act [Oct. 30, 1972] by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218 [subsec. (e)(1) of this section]. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be. "(b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act [subsec. (f) of this section], any modification in the agreement with the State of West Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to "(1) all services performed by such individual, in any policeman's or fireman's position to which the modification relates, on or after the date of the enactment of this Act [Oct. 30, 1972]; and "(2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 [subsec. (e) (1) of this section] at the time or times established pursuant to such subsection (e) (1), if and to the extent that "(A) no refund of the sums so paid has been obtained, or "(B) a refund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare." § 421. Disability determinations. VOCATIONAL REHABILITATION ACT The Vocational Rehabilitation Act, referred to in subsec. (b), which was classified to section 31 et seq. of title 29, was repealed by section 500 (a) of the Rehabilitation Act of 1973, Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 357. Such section 500, classified to section 790 of title 29, provides in part that references to the Vocational Rehabilitation Act in any other provision of law shall be deemed to be references to the Rehabilitation Act of 1973, section 701 et seq. of title 29. TRAVEL EXPENSES FOR MEDICAL EXAMINATIONS, RECONSIDERATION INTERVIEWS, AND PROCEEDINGS BEFORE ADMINISTRATIVE LAW JUDGES Pub. L. 93-192, title II, § 200, Dec. 18, 1973, 87 Stat. 759, provided in part that: "Such amounts as are required shall be available to pay travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands to reconsideration interviews and to proceedings before administrative law judges under title II [this subchapter] and title XVIII of the Social Security Act, as amended [subchapter XVIII of this chapter] and section 301 of the Social Security Amendments of 1972 [enacting subchapter XVI of this chapter]." Similar provisions were contained in act Aug. 10, 1971, Pub. L. 92-30, title II, § 200, 85 Stat. 296. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1383b of this title. § 422. Rehabilitation services. (b) Deductions on account of refusal to accept rehabilitation services. (1) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this subchapter to which an individual is entitled, until the total of such deductions equals such individual's benefit or benefits under sections 402 and 423 of this title for any month in which such individual, if a child who has attained the age of eighteen and is entitled to child's insurance benefits, a widow, widower or surviving divorced wife who has not attained age 60, or an individual entitled to disability insurance benefits, refuses without good cause to accept rehabilitation services available to him under a State plan approved under the Vocational Rehabilitation Act. Any individual who is a member or adherent of any recognized church or religious sect which teaches its members or adherents to rely solely, in the treatment and cure of any physical or mental impairment, upon prayer or spiritual means through the application and use of the tenets or teachings of such church or sect, and who, solely because of his adherence to the teachings or tenets of such church, or sect, refuses to accept rehabilitation services available to him under a State plan approved under the Vocational Rehabilitation Act, shall, for the purposes of the first sentence of this subsection, be deemed to have done so with good cause. (d) Cost of rehabilitation services from trust funds. (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are (D) entitled to widower's insurance benefits under section 402(f) of this title prior to attaining age 60, to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection may not exceed (i) 1 percent in the fiscal year ending June 30, 1972, (ii) 1.25 percent in the fiscal year ending June 30, 1973, (iii) 1.5 percent in the fiscal year ending June 30, 1974, and thereafter, of the total of the benefits under section 402(d) of this title for children who have attained age 18 and are under a disability, the benefits under section 402 (e) of this title for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 402(f) of this title for widowers who have not attained age 60, and the benefits under section 423 of this title, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of services would have upon the Trust Funds. (As amended Oct. 30, 1972, Pub. L. 92-603, title I, §§107(b) (3), (4), 131, 86 Stat. 1343, 1360.) REFERENCES IN TEXT The Vocational Rehabilitation Act, referred to in subsecs. (b) and (d) (6), which was classified to section 31 et seq. of title 29, was repealed by section 500 (a) of the Rehabilitation Act of 1973, Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 357. Such section 500, classified to section 790 of title 29, provides in part that references to the Vocational Rehabilitation Act in any other provision of law shall be deemed to be references to the Rehabilitation Act of 1973, section 701 et seq. of title 29. AMENDMENTS 1972 Subsec. (b) (1). Pub. L. 92-603, § 107 (b) (3), substituted "a widow, widower or surviving divorced wife who has not attained age 60" for "a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62". Subsec. (d) (1). Pub. L. 92-603, §§ 107(b) (4), 131, substituted "age 60" for "age 62", and added provisions increasing applicable percentages so that the total amount made available pursuant to subsec. (d) may not exceed 1.25 percent, in the fiscal year ending June 30, 1973, and 1.5 percent, in the fiscal year ending June 30, 1974, and thereafter, of the total of the benefits under section 402(d) of this title for children who have attained age 18 and are under a disability. EFFECTIVE DATE OF 1972 AMENDMENT Amendment of subsec. (b) (1) and (d) (1) (D) of this section by section 107(b) (3), (4), of Pub. L. 92-603 applicable with respect to monthly benefits under this subchapter for months after Dec. 1972, with specified exceptions, see section 107(c) of Pub. L. 92-603, set out as a note under section 402 of this title. § 423. Disability insurance benefit payments. (a) Disability insurance benefits. (1) Every individual who shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after his waiting period (as defined in subsection (c) (2) of this section) in which he becomes so entitled to such insurance benefits, or (ii) for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability (as defined in section 416 (i) of this title) which ceased, within the 60-month period preceding the first month in which he is under such disability, and ending with the month preceding whichever of the following months is the earliest: the month in which he dies, the month in which he attains age 65, or the third month following the month in which his disability ceases. No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (d) of this section except for paragraph (1) (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 402 of this title to any person on the basis of the wages and self-employment income of such individual. In the case of a deceased individual, the require ment of subparagraph (C) may be satisfied by an application for benefits filed with respect to such individual within 3 months after the month in which he died. (2) Except as provided in section 402 (q) of this title, such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he had attained age 62 in and as though he had become entitled to old-age insurance benefits in the month in which the application for disability insurance benefits was filed and he was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b) of this section) he was entitled to a disability insurance benefit. For the purposes of the preceding sentence, in the case of an individual who attained age 62 in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, the elapsed years referred to in section 415 (b) (3) of this title shall not include the year in which he attained age 62, or any year thereafter. (b) Filing application. An application for disability insurance benefits filed before the first month in which the applicant satisfies the requirements for such benefits (as prescribed in subsection (a) (1) of this section) shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application. If, upon final decision by the Secretary, or decision upon judicial review thereof, such applicant is found to satisfy such requirements, the application shall be deemed to have been filed in such first month. An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if such application is filed before the end of the 12th month immediately succeeding such month. (c) Definitions; insured status; waiting period. For purposes of this section (1) An individual shall be insured for disability insurance benefits in any month if— (A) he would have been a fully insured individual (as defined in section 414 of this title) had he attained age 62 and filed application for benefits under section 402(a) of this title on the first day of such month, and (B) (i) he had not less than twenty quarters of coverage during the forty-quarter period which ends with the quarter in which such month occurred, or (ii) if such month ends before the quarter in which he attains (or would attain) age 31 not less than one-half (and not less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of "blindness" as defined in section 416(i) (1) of this title). For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage. (2) The term "waiting period" means, in the case of any application for disability insurance benefits, the earliest period of five consecutive calendar months (A) throughout which the individual with respect to whom such application is filed has been under a disability and (B) (i) which begins not earlier than with the first day of the seventeenth month before the month in which such application is filed if such individual is insured for disability insurance benefits in such seventeenth month, or (ii) if he is not so insured in such month, which begins not earlier than with the first day of the first month after such seventeenth month in which he is so insured. Notwithstanding the preceding provisions of this paragraph, no waiting period may begin for any individual before January 1, 1957. (As amended Oct. 30, 1972, Pub. L. 92-603, title I, §§ 104 (c), (d), 116(a), 117(b), 118 (a), 86 Stat. 1340, 1350, 1351.) AMENDMENTS 1972-Subsec. (a) (1). Pub. L. 92-603, § 118(a) (1), added provision for the filing of an application for disability insurance benefits after the death of the insured individual. Subsec. (a) (2). Pub. L. 92-603, §§ 104 (c), 118(a) (2). struck out "(if a woman) or age 65 (if a man)" following "attained age 62" and substituted "an individual" for "a woman", "in which he attained age 62" for "in which she attained age 62", and "the application for disability insurance benefits was filed and he was" for "he filed his application for disability insurance benefits and was". Subsec. (b). Pub. L. 92-603, § 118(a) (3), substituted "if such application is filed" for "if he files such application". Subsec. (c) (1). Pub. L. 92-603, §§ 104 (d), 117(b), struck out "(if a woman) or age 65 (if a man)" following "attained age 62" in subpar. (A) and in the provisions following subpar. (B) added provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind. Subsec. (c) (2). Pub. L. 92-603, §§ 116(a), 118(a) (4), substituted "five consecutive calendar months" for "six consecutive calendar months" in the provisions preceding subpar. (A), substituted "with respect to whom such application is filed" for "who files such application" in subpar. (A), and substituted "seventeenth" for "eighteenth" in subpar. (B). EFFECTIVE DATE OF 1972 AMENDMENT Amendment of subsecs. (a) (2) and (c) (1) (A) of this section by section 104 (c), (d) of Pub. L. 92-603 applicable only in the case of a man who attains (or would attain) age 62 after Dec. 1974, with the figure "65" in subsec (c) (1) (A) of this section to be deemed to read "64" ir the case of a man who attains age 62 in 1973, and deemed to read "63" in the case of a man who attains age 62 in 1974, see section 104 (j) of Pub. L. 92-603, set out as a note under section 414 of this title. Section 116(e) of Pub. L. 92-603 provided that: "The amendments made by this section [amending subsec. (c) (2) of this section and sections 402 (e) (6), (f) (7), and 416(1) (2) (A) of this title] shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act [this section], applications for widow's and widower's insurance benefits based on disability under section 202 of such Act [section 402 of this title], and applications for disability determinations under section 216(1) of such act [section 416(1) of this title], filed "(1) in or after the month in which this Act is enacted [Oct. 1972], or (2) before the month in which this Act is enacted [Oct. 1972], if— "(A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month, or "(B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205 (g) of the Social Security Act [section 405 (g) of this title] (whether before, în, or after such month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security Act [this subchapter] shall be payable or increased by reason of the amendments made by this section for any month before January 1973." Section 117(c) of Pub. L. 92-603 provided that: "The amendments made by this section [amending subsec. (c)(1) of this section and section 416(i)(3) of this title] shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act [this section], and for disability determinations under section 216(i) of such Act [section 416(1) of this title], filed "(1) in or after the month in which this Act is enacted [Oct. 1972], or "(2) before the month in which this Act is enacted [Oct. 1972] if— "(A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or "(B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205 (g) of the Social Security Act [section 405 (g) of this title] (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security Act [this subchapter] shall be payable or increased by reason of the amendments made by this section for months before January 1973." Amendment of subsecs. (a) (1), (a) (2), (b), and (c) (2) (A) of this section by section 118(a) of Pub. L. 92603 applicable in the case of deaths occurring after Dec. 31, 1969, with any applications with respect to an individual whose death occurred after Dec. 31, 1969, but before Oct. 30, 1972, to be deemed to have been filed in the month in which death occurred if filed in or within three months after Oct. 1972, see section 118 (c) of Pub. L. 92-603, set out as a note under section 416 of this title. LUMP SUM PAYMENT OF DISABILITY INSURANCE BENEFITS FOR PERIOD BEGINNING AFTER 1959 AND ENDING PRIOR TO 1964; FILING OF APPLICATION Section 133 of Pub. L. 92-603 provided that: "(a) If an individual would (upon the timely filing of an application for a disability determination under section 216(i) of the Social Security Act [section 416(1) of this title] and of an application for disability insurance benefits under section 223 of such Act [this section]) have been entitled to disability insurance benefits under such section 223 for a period which began after 1959 and ended prior to 1964, such individual shall, upon filing application for disability insurance benefits under such section 223 with respect to such period not later than 6 months after the date of enactment of this section [Oct. 30, 1972), be entitled, notwithstanding any other provision of title II of the Social Security Act [this subchapter], to receive in a lump sum as disability insurance benefits payable under section 223, an amount equal to the total amounts of disability insurance benefits which would have been payable to him for such period if he had timely filed such an application for a disability determination and such an application for disability insurance benefits with respect to such period; but only if— "(1) prior to the date of enactment of this section [Oct. 30, 1972] and after the date of enactment of the Social Security Amendments of 1967 [Jan. 2, 1968] such period was determined (under section 216(i) of the Social Security Act [section 416(i) of this title]) to be a period of disability as to such individual; and "(2) the application giving rise to the determination (under such section 216(i) [section 416(i) of this title] that such period is a period of disability as to such individual would not have been accepted as an application for such a determination except for the provisions of section 216(i) (2) (F) [section 416(i) (2) (F) of this title]. "(b) No payment shall be made to any individual by reason of the provisions of subsection (a) except upon the basis of an application filed after the date of enactment of this section [Oct. 30, 1972]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426, 1395p, 1395s of this title; title 26 section 3121; title 30 sections 902, 922; title 45 sections 228c, 228s-3. § 424a. Reduction of disability benefits through receipt of workmen's compensation. (a) If for any month prior to the month in which an individual attains the age of 62— one For purposes of clause (5), an individual's average current earnings means the largest of (A) the average monthly wage used for purposes of computing his benefits under section 423 of this title, (B) onesixtieth of the total of his wages and self-employment income (computed without regard to the limitations specified in sections 409 (a) and 411(b) (1) of this title) for the five consecutive calendar years after 1950 for which such wages and selfemployment income were highest, or (C) twelfth of the total of his wages and self-employment income (computed without regard to the limitations specified in sections 409 (a) and 411(b) (1) of this title) for the calendar year in which he had the highest such wages and income during the period consisting of the calendar year in which he became disabled (as defined in section 423 (d) of this title) and the five years preceding that year. In any case where an individual's wages and self-employment income reported to the Secretary for a calendar year reach the limitations specified in sections 409 (a) and 411(b)(1) of this title, the Secretary under regulations shall estimate the total of such wages and selfemployment income for purposes of clauses (B) and (C) of the preceding sentence on the basis of such information as may be available to him indicating the extent (if any) by which such wages and selfemployment income exceed such limitations. (As amended Oct. 30, 1972, Pub. L. 92-603, title I, § 119(a), (b), 86 Stat. 1352.) AMENDMENTS 1972 Subsec. (a). Pub. L. 92-603 added cl. (C) in provisions for the determination of an individual's average current earnings so as to introduce into the formula a factor of one-twelfth of the total wages and self-employment income for the calendar year in which he had the highest such wages and income during the year in which he became disabled and the five years preceding that year. EFFECTIVE DATE OF 1972 AMENDMENT Section 119 (c) of Pub. L. 92-603 provided that: "The amendments made by subsections (a) and (b) [amending subsec. (a) of this section] shall apply with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months after December 1972." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 30 section 922. § 425. Suspension of benefits based on disability. If the Secretary, on the basis of information obtained by or submitted to him, believes that an individual entitled to benefits under section 423 of this title, or that a child who has attained the age of eighteen and is entitled to benefits under section 402(d) of this title, or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 402(e) of this title, or that a widower who has not attained age 60 and is entitled to benefits under section 402(f) of this title, may have ceased to be under a disability, the Secretary may suspend the payment of benefits under such section 402(d), 402(e), 402(f) or 423 of this title until it is determined (as provided in section 421 of this title) whether or not such individual's disability has ceased or until the Secretary believes that such disability has not ceased. In the case of any individual whose disability is subect to determination under an agreement with a State under section 421(b) of this title, the Secretary shall promptly notify the appropriate State of his action under this section and shall request a prompt determination of whether such individual's disability has ceased. For purposes of this section, the term "disability" has the meaning assigned to such term in section 423 (d) of this title. Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 402 of this title, on the basis of the wages and self-employment income of such individual, shall be suspended for such month. The first sentence of this section shall not apply to any child entitled to benefits under section 402(d) of this title, if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 402(d) of this title). (As amended Oct. 30, 1972, Pub. L. 92-603, title I, § 107(b) (5), 86 Stat. 1343.) AMENDMENTS 1972-Pub. L. 92-603 substituted “age 60” for “age 62". EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-603 applicable with respect to monthly benefits under this subchapter for months after Dec. 1972, with specified exceptions, see section 107 (c) of Pub. L. 92-603, set out as a note under section 402 of this title. § 426. Entitlement to hospital insurance benefits. (1) has attained age 65, and (2) is entitled to monthly insurance benefits under section 402 of this title or is a qualified railroad retirement beneficiary, shall be entitled to hospital insurance benefits under part A of subchapter XVIII of this chapter for each |