Page 32

97 STAT. 96 PUBLIC LAW 98-21—APR. 20, 1983 "(ii) The year specified in this clause is the earlier of— "(I) the year in which the deceased individual attained age 60, or would have attained age 60 had he lived to that age, or "(II) the second year preceding the year in which the widow or surviving divorced wife first meets the requirements of para- graph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later, "(iii) This subparagraph shall apply with respect to any benefit under this subsection only to the extent its application does not result in a primary insurance amount for purposes of this subsection which is less than the primary insurance amount otherwise deter- 42 use 415. mined for such deceased individual under section 215. "(C) If such deceased individual.". (2) Section 202(e) of such Act (as amended by paragraph (1) of this subsection) is further amended— (A) in paragraph (1)(D) and in the matter in paragraph (1) following subparagraph (F)(ii), by inserting "(as determined after application of subparagraphs (B) and (C) of paragraph (2))" after "primary insurance amount"; and (B) in paragraph (2)(D)(ii), by inserting "(as determined with- out regard to subparagraph (C))" after "primary insurance amount". 42 use 402. (b)(1) Section 202(f)(3) of such Act is amended— (A) by redesignating subparagraph (B) as subparagraph (D); and (B) by striking out "(3)(A) Except" and all that follows down through "If such deceased individual" and inserting in lieu thereof the following: "(3)(A) Except as provided in subsection (q), paragraph (2) of this subsection, and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (O) of such deceased individual. "(B)(i) For purposes of this subsection, in any case in which such deceased individual dies before attaining age 62 and section 215(a)(1) (as in effect after December 1978) is applicable in determining such individual's primary insurance amount— "(I) such primary insurance amount shall be determined under the formula set forth in section 215(a)(lXB) (i) and (ii) which is applicable to individuals who initially become eligible for old-age insurance benefits in the second year after the year specified in clause (ii), "(II) the year specified in clause (ii) shall be substituted for the second calendar year specified in section 215(b)(3)(A)(iiXI), and "(III) such primary insurance amount shall be increased under section 215(i) as if it were the primary insurance amount referred to in section 215(i)(2)(A)(ii)(II), except that it shall be increased only for years beginning after the first year after the year specified in clause (ii). "(ii) The year specified in this clause is the earlier of— "(I) the year in which the deceased individual attained age 60, or would have attained age 60 had she lived to that age, or "(II) the second year preceding the year in which the widower first meets the requirements of paragraph dXB) or the second