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 filled 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).

(b) Methods of computation. Such 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. (a) Conditions. Recomputation 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 o 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

by paragraph (a) (2) of this section such recomputation shall include only the wages and self-employment income used in the last previous computation of the decedent's primary insurance amount and the railroad compensation (see Subpart O of this part) paid to him prior to the closing date used in such previous computation.

(3) How recomputed, if recomputation based on both. If recomputation of the deceased individual's primary insurance amount is permitted under both subparagraphs (1) and (2) of this paragraph only the recomputation which results in the larger primary insurance amount shall be made.

(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 selfemployment income. With respect to such monthly benefit, such recomputation shall be effective for and after the first month in which the survivor became entitled to such monthly benefits. § 404.272 Recomputation for a deduc

tion from benefits, attainment of age 75 and based on 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 had been entitled to an old-age insurance benefit at the time of death, may secure recomputation of the decedent's primary insurance amount if:

(1) The decedent would have been entitled to a recomputation under § 404.264 had he filed application therefor in the month of death, or

(2) If such individual died prior to September 1954, the decedent during his lifetime was paid compensation under the Railroad Retirement Act (see Subpart O of this part) and his old-age insurance benefit had not been recalculated pursuant to the provisions of § 404.277.

(b) Method of computation—(1) Where based on deductions from benefits and attainment of age 75. A recomputation under paragraph (a) (1) of this section shall be made as though the deceased individual filed an application under § 404.264 and under the conditions specified in:

(1) Paragraph (b) (1) of § 404.264, if such individual died prior to September 1954, or

(ii) Paragraph (b) (2) of § 404.264, if such individual died after August 1954 and he had, prior to September 1954, met the conditions set forth in paragraph (a) of § 404.264, except the filing of an application, provided the survivor files an application, or

(iii) Paragraph (b) (3) of § 404.264, if he died after August 1954 and he had not, prior to September 1954, met all the conditions (excluding the condition relating to the filing of an application) set forth in paragraph (a) of § 404.264.

In any such computation, there shall also be included any railroad compensation (see Subpart O of this part) paid to the decedent prior to the applicable closing date used in such compensation. (2) Where based on railroad compensation. If recomputation is permitted by paragraph (a) (2) of this section such recomputation shall include only the wages and self-employment income used in the last previous computation of the decedent's primary insurance amount and the railroad compensation (see Subpart O of this part) paid to him prior to the closing date used in such previous computation.

(3) How recomputed, if recomputation based on both. If recomputation of the deceased individual's primary insurance amount is permitted under both subparagraphs (1) and (2) of paragraph (a) of this section only the recomputation which results in the larger primary insurance amount shall be made.

(c) Effective date and applicability. Such recomputation shall be applicable to survivor 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 benefit, such recomputation shall be effective for and after the first month in which the survivor became entitled to such monthly benefit. § 404.273 Recomputation at request of

survivor based on services of deceased individual covered by a retroactive agreement under section 218.

(a) Conditions. The survivors of an individual whose primary insurance amount has not been recomputed under section 215 (f) (2) of the act in effect prior to the Social Security Amendments

of 1954 may have his primary insurance amount recomputed if:

(1) Such individual died prior to January 1956,

(2) He would have been entitled to a recomputation under § 404.265 had he filed application therefor in the month of death, and

(3) The survivor entitled to monthly benefits on the basis of the individual's wages and self-employment income files an application for a recomputation under this section (other than the application for monthly benefits).

(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 months yields the highest primary insurance amount:

(1) The months specified in subparagraph (1), (2), or (3) of paragraph (b) of § 404.265, or

(2) The month of death,

and 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, except that with respect to subparagraph (2) of this paragraph, the recomputation shall be made, in cases where death occurred after August 1954, 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 and applicability. Such recomputation shall be applicable only to survivor's monthly benefits and shall be effective for and after the month in which the application specified in paragraph (a) (3) of this section is filed. The provision of the second sentence of paragraph (c) of § 404.265 shall be applicable to any increase resulting from a recomputation under this section. § 404.274 Recomputation in death cases

to include wages immediately preceding death or entitlement of decedent. A survivor entitled to monthly benefits on the basis of the wages and self-employment income of an individual who died after August 1950 and prior to September 1954 may secure a recomputation of such deceased individual's primary insurance amount provided such survivor files an application therefor at least 6 months after the month of the individual's death or entitlement, whichever first occurred. 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 died or became entitled to oldage insurance benefits, whichever first occurred. Such recomputation shall be effective for and after the month in which the survivor who filed the application for recomputation under this paragraph became entitled to such monthly benefits. For months after August 1954, such amount shall be determined through the use of the conversion table under § 404.234. No such recomputation shall affect the amount of a lump-sum death payment (§ 404.243), nor shall it render erroneous any lump-sum death payment certified prior to the effective date of such recomputation. § 404.275

Recomputations to include self-employment income of deceased individual who died in 1952 or in a taxable year beginning in 1952.

(a) Individual not entitled to old-age insurance benefit at death. In the cases of an individual who died in 1952 or died in 1953 in a taxable year which began in 1952 (but did not become entitled to old-age insurance benefits prior to 1952) and who had self-employment income for the taxable year which ended with his death, such individual's primary insurance amount may be recomputed if the person entitled to monthly benefits on the basis of his wages and selfemployment income files application after the close of such taxable year. Such recomputation shall be made in the manner as 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.

(b) Individual entitled to old-age insurance benefit at death. A survivor entitled to monthly benefits on the basis of the wages and self-employment income of an individual who, at the time of death; could have become entitled to a recomputation under § 404.267 had he filed application therefor at such time

may secure such recomputation upon the
filing of an application. Such recom-
putation shall be made in the same man-
ner as though such individual had filed
the application at the time of death.

(c) Payments under recomputation
permitted by paragraphs (a) and (b) of
this section. A recomputation permitted
by paragraph (a) or (b) of this section
shall be effective for and after the month
in which the survivor became entitled
to monthly benefits. For months after
August 1954, such amount shall be de-
termined through the use of the conver-
sion table under § 404.234. No recompu-
tation under such paragraphs will affect
the amount of a lump-sum death pay-
ment (§ 404.363); nor shall it render er-
roneous any lump-sum death payment
certified prior to the effective date of
such recomputation.

[20 F.R. 2651, Apr. 21, 1955, as amended at
29 F.R. 15510, Nov. 19, 1964]

§ 404.276 Recomputation for veteran
of World War II.

If an individual entitled to old-age in-
surance benefits is a veteran of World
War II and he dies prior to July 27, 1954,
his primary insurance amount may be
recomputed under the provisions of sec-
tion 217(b) of the act.
§ 404.277
tive.

When recomputation is effec-

Any recomputation under the preced-
ing sections shall be effective only if such
recomputation results in a higher pri-
mary insurance amount.

§ 404.278 Recalculation of benefits of
an individual entitled to old-age in-
surance benefits to include compen-
sation for railroad services.

Any individual who is entitled to old-
age insurance benefits under section 202
(a) for months after October 1951 and
whose benefits do not include the com-
pensation received by him for his service
in the railroad industry may have his
benefits recalculated to include such
compensation, provided such compensa-
tion may otherwise be treated as wages
under the provisions of Subpart O of
this part. No application is necessary
for such recalculation. Such recalcula-
tion shall be made in the same manner
as such individual's monthly benefits un-
der section 202(a) were last computed;
any increase in such benefit amount due
to such recalculation shall be effective
for and after November 1951.

13-53.00

$2.018-55.00

04.073-55.00

19.013-55.00

0.016-55.00

27.01-56.00

08.013-56.00

$2.012-156.00

20.01356.00

31.00 00.12-56.00
31.10 80.718-57,00
31.2001.318-57.00

31.30 8.518-57.00

S8.18-57.00
.88.1857.00

18-57.00

M.TIS-58.00

03.12-58.00