Source
(Aug. 14, 1935, ch. 531, title II, § 227, as added Pub. L. 89–97, title III, § 309(a), July 30, 1965, 79 Stat. 379; amended Pub. L. 90–248, title I, § 102(a), Jan. 2, 1968, 81 Stat. 827; Pub. L. 91–172, title X, § 1003(a), Dec. 30, 1969, 83 Stat. 740; Pub. L. 92–5, title II, § 202(a), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92–336, title II, § 201(g)(1), July 1, 1972, 86 Stat. 411; Pub. L. 92–603, title I, § 104 (e), (f), Oct. 30, 1972, 86 Stat. 1340; Pub. L. 93–233, § 2(b)(1), Dec. 31, 1973, 87 Stat. 952; Pub. L. 98–21, title III, § 304(a), (b), Apr. 20, 1983, 97 Stat. 112.)
References in Text
Section
402
(m) of this title, referred to in subsec. (b), was repealed by
Pub. L. 97–35, title XXII, § 2201(b)(10), Aug. 13, 1981,
95 Stat. 831.
Amendments
1983—Subsec. (a).
Pub. L. 98–21, § 304(a), substituted “spouse” for “wife”, “spouse’s” for “wife’s”, and “he or she” for “she”, wherever appearing, substituted “the” for “his” after “402(a) of this title, and of” and preceding “spouse” in two places and preceding “old-age insurance”, and inserted “or section
402
(c)” after “section
402
(b)” wherever appearing.
Subsec. (b).
Pub. L. 98–21, § 304(b), substituted “surviving spouse” for “widow” and “surviving spouse’s” for “widow’s” wherever appearing, substituted “the” for “her” after “determining” and “The amount of”, and inserted “or section
402
(f)” after “section
402
(e)” wherever appearing.
Subsec. (c).
Pub. L. 98–21, § 304(b)(1), (2), (4), substituted “surviving spouse” for “widow” wherever appearing and “surviving spouse’s” for “widow’s”, and inserted “or section
402
(f)” after “section
402
(e)”.
1973—Subsec. (a).
Pub. L. 93–233, § 2(b)(1), substituted “the larger of $64.40 or the amount most recently established in lieu thereof under section
415
(i) of this title” for “$58.00” and “the larger of $32.20 or the amount most recently established in lieu thereof under section
415
(i) of this title” for “$29.00”.
Subsec. (b).
Pub. L. 93–233, § 2(b)(1), substituted “the larger of $64.40 or the amount most recently established in lieu thereof under section
415
(i) of this title” for “$58.00”.
1972—Subsec. (a).
Pub. L. 92–336, § 201(g)(1)(A), substituted “$58.00” for “$48.30” and “$29.00” for “$24.20”.
Subsec. (a)(1).
Pub. L. 92–603, § 104(e), substituted “paragraph (1) of section
414
(a) of this title” for “so much of paragraph (1) of section
414
(a) of this title as follows clause (C)”.
Subsec. (b).
Pub. L. 92–336, § 201(g)(1)(B), substituted “$58.00” for “$48.30”.
Subsec. (b)(1).
Pub. L. 92–603, § 104(f), substituted “paragraph (1) thereof” for “so much of paragraph (1) thereof as follows clause (C)”.
1971—Subsec. (a).
Pub. L. 92–5, § 202(a)(1), substituted “$48.30” for “$46” and “$24.20” for “$23”.
Subsec. (b).
Pub. L. 92–5, § 202(a)(2), substituted “$48.30” for “$46”.
1969—Subsec. (a).
Pub. L. 91–172, § 1003(a)(1), substituted “$46” for “$40”, and “$23” for “$20”.
Subsec. (b).
Pub. L. 91–172, § 1003(a)(2), substituted “$46” for “$40”.
1968—Subsec. (a).
Pub. L. 90–248, § 102(a)(1), substituted “$40” for “$35” and “$20” for “$17.50”.
Subsec. (b).
Pub. L. 90–248, § 102(a)(2), substituted “$40” for “$35”.
Effective Date of 1983 Amendment
Amendment by
Pub. L. 98–21 applicable only with respect to monthly payments payable under this subchapter for months after April 1983, see section 310 of
Pub. L. 98–21 set out as a note under section
402 of this title.
Effective Date of 1973 Amendment
Section 2(b)(1) of
Pub. L. 93–233 provided that the amendment made by that section is effective June 1, 1974.
Amendment by
Pub. L. 93–233 applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under section
402
(i) of this title, see section 2(c) of
Pub. L. 93–233, set out as a note under section
415 of this title.
Effective Date of 1972 Amendments
Amendment by
Pub. L. 92–603 applicable only in the case of a man who attains (or would attain) age 62 after December 1974, see section 104(j) of
Pub. L. 92–603, set out as a note under section
414 of this title.
Amendment by
Pub. L. 92–336 applicable with respect to monthly benefits under subchapter II of this chapter for months after August 1972, see section 201(i) of
Pub. L. 92–336, set out as a note under section
415 of this title.
Effective Date of 1971 Amendment
Section 202(c) of
Pub. L. 92–5 provided that: “The amendments made by subsections (a) and (b) [amending this section and section
428 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months after December 1970.”
Effective Date of 1969 Amendment
Section 1003(c) of
Pub. L. 91–172 provided that: “The amendments made by subsections (a) and (b) [amending this section and section
428 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months after December 1969.”
Effective Date of 1968 Amendment
Section 102(c) of
Pub. L. 90–248 provided that: “The amendments made by subsections (a) and (b) [amending this section and section
428 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months after January 1968.”
Effective Date
Section 309(b) of
Pub. L. 89–97 provided that: “The amendment made by subsection (a) [enacting this section] shall apply in the case of monthly benefits under title II of the Social Security Act [this subchapter] for and after the second month following the month [July 1965] in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted.”
Repeal of Amendment of Subsecs. (a) and (b) Prior to Effective Date
Section 202(a)(4) of
Pub. L. 92–336, title II, July 1, 1972,
86 Stat. 416, which, effective Jan. 1, 1975, substituted “the larger of $58.00 or the amount most recently established in lieu thereof under section
415
(i) of this title” for “$58.00” and “the larger of $29.00 or the amount most recently established in lieu thereof under section
415
(i) of this title” for “$29.00”, was repealed prior to its effective date by
Pub. L. 93–233, § 2(b)(2), Dec. 31, 1973,
87 Stat. 952, applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under section
402
(i) of this title. See section 2(c) of
Pub. L. 93–233, set out as an Effective Date of 1973 Amendment note under section
415 of this title.