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]

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tive.

§ 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

Any recomputation under the preced-
ing sections shall be effective only if such
recomputation results in a higher pri-
mary insurance amount.
§ 404.278

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When recomputation is effec-

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.

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