September 13, 1960 Pub. Law 86-778 tion 202(a) at the time of his death, the provisions of section 215 (f) 42 USC 402. (4) of the Social Security Act in effect prior to the enactment of this Ante, p. 963. Act shall apply. (j) In the case of an individual whose average monthly wage is computed under the provisions of section 215 (b) of the Social Security Ante, p. 960. Act, as amended by this Act, and (1) who is entitled, by reason of the provisions of section 202 (j) (1) or section 223 (b) of the Social Security Act, to a Ante, p. 936. monthly benefit for any month prior to January 1961, or Post, p. 967. (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 section 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 section 215 (b) shall be his average monthly wage for the purposes of determining his primary insurance amount for such prior month. (k) Section 102(f) (2) (B) of the Social Security Amendments of 68 Stat. 1070. 1954 is amended by inserting after "Social Security Act" in the second 42 USC 403 note. sentence thereof "as in effect prior to the enactment of the Social Security Amendments of 1960"; and by striking out "bond" and inserting in lieu thereof "month". ELIMINATION OF CERTAIN OBSOLETE RECOMPUTATIONS SEC. 304. (a) The first sentence of section 215 (f) (5) of the Social 42 USC 415. Security Act is amended by striking out "after the close of such taxable year by such individual or (if he died without filing such application)" and inserting in lieu thereof the following: "by such individual after the close of such taxable year and prior to January 1961 or (if he died without filing such application and such death occurred prior to January 1961)". (b) Section 102(e) (5) of the Social Security Amendments of 1954 42 USC 403 note. is amended by adding at the end thereof the following new subparagraph: "(D) Notwithstanding the provisions of subparagraphs (A), (B), and (C), the primary insurance amount of an individual shall not be recomputed under such provisions unless such individual files the application referred to in subparagraph (A) or (B) prior to January 1961 or, if he dies without filing such application, his death occurred prior to January 1961." (c) Section 102(e) (8) of the Social Security Amendments of 1954 42 USC 403 note. is amended by inserting before the period at the end thereof "but only if such individual files the application referred to in subparagraph (A) of such section prior to January 1961 or (if he dies without filing such application) his death occurred prior to January 1961". (d) Section 5(c) (1) of the Social Security Act Amendments of 66 Stat. 775. 1952 is amended by adding at the end thereof the following new 42 USC 417 note. sentence: "Notwithstanding the preceding provisions of this paragraph, the primary insurance amount of an individual shall not be recomputed under such provisions unless such individual files the application referred to in clause (A) of the first sentence of this paragraph prior to January 1961 or, if he dies without filing such application, his death occurred prior to January 1961." 42 USC 423. 42 USC 402. 42 USC 416. Ante, p. 964. 42 USC 415. Pub. Law 86-778 74 STAT. 967. September 13, 1960 TITLE IV-DISABILITY INSURANCE BENEFITS AND ELIMINATION OF REQUIREMENT OF ATTAINMENT OF AGE FIFTY FOR SEC. 401. (a) Section 223 (a) (1) (B) of the Social Security Act is amended by striking out "has attained the age of fifty and". (b) The last sentence of section 223 (c) (3) of such Act is amended by striking out the semicolon and all that follows and inserting in lieu thereof a period. (c) The amendments made by this section shall apply only with respect to monthly benefits under sections 202 and 223 of the Social Security Act for months after the month following the month in which this Act is enacted which are based on the wages and self-employment income of an individual who did not attain the age of fifty in or prior to the month following the month in which this Act is enacted, but only where applications for such benefits are filed in or after the month in which this Act is enacted. ELIMINATION OF THE WAITING PERIOD FOR DISABILITY INSURANCE SEC. 402. (a) Section 223 (a) (1) of the Social Security Act is amended by striking out "shall be entitled to a disability insurance benefit for each month, beginning with the first month after his waiting period (as defined in subsection (c)(3)) in which he becomes so entitled to such insurance benefits" and inserting in lieu thereof the following: "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) (3)) 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 216(i)) which ceased, within the 60-month period preceding the first month in which he is under such disability," (b) Section 223 (a) (2) of such Act is amended to read as follows: (2) Such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 215 as though he became entitled to old-age insurance benefits in- · "(A) the first month of his waiting period, or "(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits." (c) The first sentence of section 223 (b) of such Act is amended to read as follows: "No application for disability insurance benefits shall be accepted as a valid application for purposes of this section (1) if it is filed more than nine months before the first month for which the applicant becomes entitled to such benefits, or (2) in any case in which clause (ii) of paragraph (1) of subsection (a) is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to such benefits; and any application filed within such nine months' period or six months' period, as the case may be, shall be deemed to have been filed in such first month." (d) The second sentence of section 223 (b) of such Act is amended by striking out "if he files application therefor" and inserting in lieu September 13, 1960 Pub. Law 86-778 thereof "if he is continuously under a disability after such month and until he files application therefor, and he files such application". (e) (1) The first sentence of section 216(i) (2) of such Act is Post, p. 969. amended to read as follows: "The term 'period of disability' means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than six full calendar months' duration or such individual was entitled to benefits under section 223 for one or more months in such period." (2) (A) The fifth sentence of such section 216(i) (2) is amended by inserting or, in any case in which clause (ii) of section 223 (a) (1) is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 223," after "(as determined under this paragraph)". 66 (B) Such section 216 (i) (2) is further amended by adding at the end thereof the following new sentence: "Any application for a disability determination which is filed within such three months' period or six months' period shall be deemed to have been filed on such first day or in such first month, as the case may be." (f) The amendments made by subsections (a) and (b) shall apply only with respect to benefits under section 223 of the Social Security Act for the month in which this Act is enacted and subsequent months. The amendment made by subsection (c) shall apply only in the case of applications for benefits under such section 223 filed after the seventh month before the month in which this Act is enacted. The amendment made by subsection (d) shall apply only in the case of applications for benefits under such section 223 filed in or after the month in which this Act is enacted. The amendment made by subsection (e) shall apply only in the case of individuals who become entitled to benefits under such section 223 in or after the month in which this Act is enacted. PERIOD OF TRIAL WORK BY DISABLED INDIVIDUAL SEC. 403. (a) Section 222 of the Social Security Act is amended by striking out subsection (c) and inserting in lieu thereof the following: "Period of Trial Work 42 USC 423. 42 USC 422. "(c) (1) The term 'period of trial work', with respect to an individual entitled to benefits under section 223 or 202 (d), means a period 42 USC 402. of months beginning and ending as provided in paragraphs (3) and (4). (2) For purposes of sections 216(i) and 223, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term 'services' means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain. (3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under section 202(d) who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following the month in which this paragraph is enacted; and no such period may begin for an in 42 USC 423. Ante, p. 967. Ante, p. 946. Pub. Law 86-778 74 STAT. 969. September 13, 1960 dividual in a period of disability of such individual in which he had a previous period of trial work. "(4) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier: "(A) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or "(B) the month in which his disability (as defined in section 223 (c) (2)) ceases (as determined after application of paragraph (2) of this subsection). "(5) In the case of an individual who becomes entitled to benefits under section 223 for any month as provided in clause (ii) of subsection (a)(1) of such section, the preceding provisions of this subsection shall not apply with respect to services in any month beginning with the first month for which he is so entitled and ending with the first month thereafter for which he is not entitled to benefits under section 223." (b) Section 223 (a) (1) of such Act is amended by striking out "the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of sixty-five" and inserting in lieu thereof "whichever of the following months is the earliest : the month in which he dies, the month in which he attains the age of sixty-five, or the third month following the month in which his disability ceases". (c) The fourth sentence of section 216 (i) (2) of such Act is amended by striking out "the first month in which either the disability ceases or the individual attains the age of sixty-five" and inserting in lieu thereof "the month preceding whichever of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases". (d) (1) The first sentence of section 202(d)(1) of such Act is amended by inserting "or" before "attains the age of eighteen and is not under a disability (as defined in section 223(c)) which began before he attained such age" and by striking out ", or ceases to be under a disability (as so defined) on or after the day on which he attains age eighteen". (2) Such section 202(d) (1) is further amended by inserting after the first sentence the following new sentence: "Entitlement of any child to benefits under this subsection shall also end with the month preceding the third month following the month in which he ceases to be under a disability (as so defined) after the month in which he attains age eighteen." (e) (1) The amendment made by subsection (a) shall be effective only with respect to months beginning after the month in which this Act is enacted. (2) The amendments made by subsections (b) and (d) shall apply only with respect to benefits under section 223(a) or 202(d) of the Social Security Act for months after the month in which this Act is enacted in the case of individuals who, without regard to such amendments, would have been entitled to such benefits for the month in which this Act is enacted or for any succeeding month. (3) The amendment made by subsection (c) shall apply only in the case of individuals who have a period of disability (as defined in section 216 (i) of the Social Security Act) beginning on or after the date of the enactment of this Act, or beginning before such date and continuing, without regard to such amendment, beyond the end of the month in which this Act is enacted. September 13, 1960 Pub. Law 86-778 SPECIAL INSURED STATUS TEST IN CERTAIN CASES FOR DISABILITY PURPOSES SEC. 404. (a) In the case of any individual who does not meet the requirements of section 216(i) (3) of the Social Security Act with 42 USC 416. respect to any quarter, or who is not insured for disability insurance benefits as determined under section 223 (c) (1) of such Act with 42 USC 423. respect to any month in a quarter, such individual shall be deemed to have met such requirements with respect to such quarter or to be so insured with respect to such month of such quarter, as the case may be, if (1) he had a total of not less than twenty quarters of coverage (as defined in section 213 of such Act) during the period ending 42 USC 413. with the close of such quarter, and (2) all of the quarters elapsing after 1950 and up to but excluding such quarter were quarters of coverage with respect to him and there were not fewer than six such quarters of coverage. (b) Subsection (a) shall apply only in the case of applications for disability insurance benefits under section 223 of the Social Security Act, or for disability determinations under section 216 (i) of such Act, filed in or after the month in which this Act is enacted, and then only with respect to an individual who, but for such subsection (a), would not meet the requirements for a period of disability under section 216(i) with respect to the quarter in which this Act is enacted or any prior quarter and would not meet the requirements for benefits under section 223 with respect to the month in which this Act is enacted or any prior month. No benefits under title II 42 USC 401 of the Social Security Act for the month in which this Act is enacted et seq. or any prior month shall be payable or increased by reason of the amendment made by such subsection. TITLE V-EMPLOYMENT SECURITY PART 1-SHORT TITLE SEC. 501. This title may be cited as the "Employment Security Citation Act of 1960". PART 2-EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING AMENDMENTS AMENDMENT OF TITLE IX OF THE SOCIAL SECURITY ACT of title. SEC. 521. Title IX of the Social Security Act (42 U.S.C., sec. 68 Stat. 668. 1101 and following) is amended to read as follows: "TITLE IX-MISCELLANEOUS PROVISIONS RELATING TO EMPLOYMENT SECURITY "EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT "Establishment of Account "SEC. 901. (a) There is hereby established in the Unemployment Trust Fund an employment security administration account. "Appropriations to Account "(b) (1) There is hereby appropriated to the Unemployment Trust Fund for credit to the employment security administration account, out of any moneys in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1961, and for each fiscal year there |