Page:United States Statutes at Large Volume 91.djvu/1556

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 1522

PUBLIC LAW 95-216—DEC. 20, 1977

" (I) the benefit amount to which individuals are entitled for 42 USC 427, that month under section 227 or 228, 4'28. " ( II) the primary insurance amount of each other individual on which benefit entitlement is based under this title (including a primary insurance amount determined under subsection (a) (l) ( C H i)(I), but subject to the provisions of such subsection (a) (l)(C)(i) and clauses (iv) and (v) of this subparagraph), and " ( III) the amount of total monthly benefits based on any priPost, p. 1524. mary insurance amount which is permitted under section 203 (and such total shall be increased, unless otherwise so increased under another provision of this title, at the same time as such primary insurance amount) or, in the case of a primary insurance amount computed under subsection (a) as in effect (without regard to the table contained therein) prior to January 1979, the amount to which the beneficiaries may be entitled under section 203 as in effect in December 1978, except as provided by section Post, pp. 1526, 203(a)(6) and (7) as in effect after December 1978. 1527, The increase shall be derived by multiplying each of the amounts described in subdivisions (I), ( II), and ( III) (including each of those amounts as previously increased under this subparagraph) by the same percentage (rounded to the nearest one-tenth of 1 percent) as the percentage by which the Consumer Price Index for that cost-ofliving computation quarter exceeds such index for the most recent prior calendar quarter which was a base quarter under paragraph (1)(A) (ii) or, if later, the most recent cost-of-living computation (Quarter under paragraph (1)(B); and any amount so increased that is not a multiple of $0.10 shall be increased to the next higher multiple of $0.10. Any increase under this subsection in a primary insurance amount determined under subparagraph (C)(i) (II) of subsection (a)(1) shall be applied after the initial determination of such primary insurance amount under that subparagraph (with the amount of such increase, in the case of an individual who becomes eligible for old-age or disability insurance benefits or dies in a calendar year after 1979, being determined from the range of possible primary insurance amounts published by the Secretary under the last sentence of subparagraph (D)).". 42 USC 415. (2) Section 215(i)(2)(A) of such Act is amended by adding at the end thereof the following new clauses: "(iii) In the case of an individual who becomes eligible for an oldage or disability insurance benefit, or who dies prior to becoming so eligible, in a year in which there occurs an increase provided under clause (ii), the individual's primary insurance amount (without regard to the time of entitlement to that benefit) shall be increased (unless otherwise so increased under another provision of this title and, with respect to a primary insurance amount determined under subsecAnte, p. 1514. tion (a)(1)(C)(i)(T), subiect to the provisions of subsection (a)(1) (C)(i) and clauses (iv) and (v) of this subparagraph) by the amount of that increase and subsequent applicable increases, but only with respect to benefits payable for months after May of that year. " (iv)(I) In the case of an individual who is entitled to an old-age insurance benefit that is based on a primary insurance amount determined under subsection (a)(1)(C)(i)(I), such primary insurance amount shall not be increased under this subsection for any year before the year in which occurs the first month with respect to which there is payable to such individual all or some part of such benefit after application of the provisions of section 203 relating to deductions on account of work, or, if earlier, the year in which he attains age 65.