(3) Section 215 (d) (3) of such Act is amended to read as follows: "(3) The provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1967 shall be applicable in the case of an individual 66 (A) who attained age 21 after 1936 and prior to 1951, or "(B) who had a period of disability which began prior to 1951, but only if the primary insurance amount resulting therefrom is higher than the primary insurance amount resulting from the application of this section (as amended by the Social Security Amendments of 1967) and section 220.". (4) So much of section 215 (f) (2) of such Act as precedes subparagraph (E) is amended to read as follows: 66 “(2) If an individual has wages or self-employment income for a year after 1965 for any part of which he is entitled to old-age insurance benefits, the Secretary shall, at such time or times and within such period as he may by regulations prescribe, recompute such individual's primary insurance amount with respect to each such year. Such recomputation shall be made as provided in subsection (a) (1) and (3) as though the year with respect to which such recomputation is made is the last year of the period specified in subsection (b) (2) (C). A recomputation under this paragraph with respect to any year shall be effective-" (5) Subparagraphs (E) and (F) of such section 215 (f) (2) are redesignated as subparagraphs (A) and (B), respectively. (6) Section 215(f) of such Act is further amended by adding at the end thereof the following new paragraph: "(5) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall recompute his primary insurance amount as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b) (2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. Such recomputation of such primary insurance amount shall be effective for and after the month in which he died." (7) (A) The amendments made by paragraphs (4) and (5) shall apply with respect to recomputations made under section 215(f) (2) of the Social Security Act after the date of the enactment of this Act. (B) The amendment made by paragraph (6) shall apply with respect to individuals who die after the date of enactment of this Act. (8) In any case in which— (A) any person became entitled to a monthly benefit under section 202 or 223 of the Social Security Act after the date of enactment of this Act and before February 1968, and (B) the primary insurance amount on which the amount of such benefit is based was determined by applying section 215 (d) of the Social Security Act as amended by this Act, such primary insurance amount shall, for purposes of section 215 (c) of the Social Security Act, as amended by this Act, be deemed to have been computed on the basis of the Social Security Act in effect prior to the enactment of this Act. (9) The amendment made by paragraphs (1) and (2) shall not apply with respect to monthly benefits for any month prior to January 1967. (b) (1) Section 213 of the Social Security Act is amended by adding at the end thereof the following new subsection: 74 Stat. 962. 42 USC 415. 42 USC 420. 79 Stat. 365. 64 Stat. 509; 79 Stat. 365. 42 USC 402, 423, Ante, p. 864. Ante, p. 827. 64 Stat. 504. 42 USC 413. 75 Stat. 137. 42 USC 414. Ante, p. 864. 42 USC 402. 423. 74 Stat. 964; 79 Stat. 366. 42 USC 415 note. 72 Stat. 1027. 42 USC 416. 64 Stat. 510; 74 Stat. 994. Supra. "Alternative Method for Determining Quarters of Coverage With Respect to Wages in the Period from 1937 to 1950 "(c) For purposes of section 214(a), an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior to 1951 (as defined in section 215 (d) (1) (C)), except where "(1) such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and selfemployment income credited to him for periods after 1950, or (2) such individual's elapsed years (for purposes of section 214(a) (1)) are less than 7." (2) The amendment made by paragraph (1) shall apply only in the case of an individual who applies for benefits under section 202 (a) of the Social Security Act after the date of the enactment of this Act, or who dies after such date without being entitled to benefits under section 202 (a) or 223 of the Social Security Act. (c) Section 303(g) (1) of the Social Security Amendments of 1960 is amended (1) by striking out "section 302 of" and by striking out "Amendments of 1965" and inserting in lieu thereof "Amendments of 1965 and 1967" in the first sentence; and (2) by striking out "after 1965, or dies after 1965” and inserting in lieu thereof "after the date of the enactment of the Social Security Amendments of 1967, or dies after such date", and by striking out "Amendments of 1965” and inserting in lieu thereof "Amendments of 1967", in the second sentence. DEFINITIONS OF WIDOW, WIDOWER, AND STEPCHILD SEC. 156. (a) Section 216 (c) of the Social Security Act is amended by striking out "not less than one year" in clause (5) and inserting in lieu thereof "not less than nine months". (b) The first sentence of section 216 (e) of such Act is amended by striking out "the day on which such individual died" and inserting in lieu thereof "not less than nine months immediately preceding the day on which such individual died”. (c) Section 216 (g) of such Act is amended by striking out "not less than one year" in clause (5) and inserting in lieu thereof "not less than nine months". (d) Section 216 of such Act is further amended by adding at the end thereof the following new subsection: "Waiver of Nine-Month Requirement for Widow, Stepchild, or Widower in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty "(k) The requirement in clause (5) of subsection (c) or clause (5) of subsection (g) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual's widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual's child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if his death "(1) is accidental, or 81 STAT. 867 "(2) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1) (2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period; except that this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1) of the preceding sentence, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries." (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. HUSBAND'S AND WIDOWER'S INSURANCE BENEFITS WITHOUT REQUIREMENT SEC. 157. (a) (1) Section 202 (c) (1) of the Social Security Act is amended by striking out "a currently insured individual (as defined in section 214(b))" in the matter preceding subparagraph (A) and inserting in lieu thereof "an individua!". (2) Section 202 (c) (2) of such Act is amended by striking out "The requirement in paragraph (1) that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph," and inserting in lieu thereof "The provisions of subparagraph (C) of paragraph (1)". (b) (1) Section 202(f) (1) of such Act is amended— (A) by striking out "and currently" in the matter preceding subparagraph (A), and (B) by striking out ", and she was a currently insured individual," in subparagraph (D) (ii). (2) Section 202(f) (2) of such Act is amended by striking out "The requirement in paragraph (1) that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph," and inserting in lieu thereof "The provisions of subparagraph (D) of paragraph (1)”. (c) In the case of any husband who would not be entitled to husband's insurance benefits under section 202 (c) of the Social Security Act or any widower who would not be entitled to widower's insurance benefits under section 202 (f) of such Act except for the enactment of this section, the requirement in section 202(c) (1) (C) or 202(f) (1) (D) of such Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month following the month in which this Act is enacted. (d) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. DEFINITION OF DISABILITY SEC. 158. (a) Section 223 (c) of the Social Security Act is amended (1) by inserting "of Insured Status and Waiting Period” after "Definitions" in the heading; 42 USC 401428; Ante, P. 833. 64 Stat. 483. 42 USC 402. 72 Stat. 1026. 64 Stat. 485. 72 Stat. 1023. 70 Stat. 815. 42 USC 423. 70 Stat. 815; 79 Stat. 367, 413. 42 USC 423. 42 USC 416. 42 USC 402. "Physical or (2) by striking out paragraph (2) ; and (3) by redesignating paragraph (3) as paragraph (2). (b) Section 223 of such Act is further amended by adding at the end thereof the following new subsection: "Definition of Disability "(d) (1) The term 'disability' means— "(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or 66 (B) in the case of an individual who has attained the age of 55 and is blind. (within the meaning of 'blindness' as defined in section 216 (i) (1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. "(2) For purposes of paragraph (1)(A)— "(A) an individual (except a widow, surviving divorced wife, or widower for purposes of section 202 (e) or (f)) shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), 'work which exists in the national economy' means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. "(B) A widow, surviving divorced wife, or widower shall not be determined to be under a disability (for purposes of section 202 (e) or (f)) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity. "(3) For purposes of this subsection, a 'physical or mental impairmental impairment' is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. ment." 42 USC 422. 79 Stat. 370. 42 USC 402. "(4) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 222 (c), be found not to be disabled. "(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require." (c) (1) Section 202(d)(1) (B) of such Act is amended by striking out "section 223 (c)" and inserting in lieu thereof "section 223 (d)". (2) Paragraphs (1), (2), and (3) of section 202(s) of such Act are each amended by striking out "section 223 (c)" and inserting in lieu thereof "section 223 (d)". 81 STAT. 869 (3) Section 221(a) of such Act is amended by striking out "or 223 (c)" and inserting in lieu thereof "or 223 (d)”. (4) Section 221 (c) of such Act is amended by striking out "or 223 (c)" and inserting in lieu thereof "or 223 (d)". (5) Section 222 (c) (4) (B) of such Act is amended by striking out "section 223 (c) (2)" and inserting in lieu thereof "section 223 (d)”. (6) Section 223 (a) (1) (D) of such Act is amended by striking out "subsection (c) (2)" and inserting in lieu thereof "subsection (d)". (7) The first sentence of section 223 (a)(1) of such Act is further amended by striking out "subsection (c)(3)" and inserting in lieu thereof "subsection (c) (2)". (8) The last sentence of section 223(a)(1) is amended by striking out "subsection (c) (2) except for subparagraph (B) thereof" and inserting in lieu thereof "subsection (d) except for paragraph (1) (B) thereof". (9) Section 225 of such Act is amended by striking out "section 223 (c) (2)" and inserting in lieu thereof "section 223 (d)". (d) Section 216(i) (1) of such Act is amended by striking out the third sentence and inserting in lieu thereof the following: "The provisions of paragraphs (2) (A), (3), (4), and (5) of section 223 (d) shall be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section." (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under section 216 (i) of such Act, filed (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if the applicant has not died before such month and 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 (whether before, in, or after such month) and the decision in such civil action has not become final before such month. DISABILITY BENEFITS AFFECTED BY RECEIPT OF WORKMEN'S COMPENSATION SEC. 159. (a) (1) The last sentence of section 224 (a) of the Social Security Act is amended by inserting after "his wages and selfemployment income" where it first appears in clause (B) the following: "(computed without regard to the limitations specified in sections 209 (a) and 211 (b) (1))”. (2) Section 224 (a) of such Act is further amended by adding at the end thereof the following: "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 209 (a) and 211(b) (1), the Secretary under regulations shall estimate the total of such wages and self-employment income for purposes of clause (B) 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 self-employment income exceed such limitations." (b) (1) The amendments made by subsection (a) shall apply only with respect to monthly benefits under title II of the Social Security Act for months after January 1968. 70 Stat. 818. 42 USC 421. 74 Stat. 968. 42 USC 422. 79 Stat. 413. 42 USC 423. 70 Stat. 817. 53 Stat. 1370. 42 USC 405. 79 Stat. 406. 42 USC 424. 42 USC 409, 411. 42 USC 401 428; Ante! p. 833. |