Amendments
2004—Subsec. (c). Pub. L. 108–203, § 414(a), designated existing provisions as par. (1), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “she was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively, and added par. (2).
Subsec. (g). Pub. L. 108–203, § 414(b), designated existing provisions as par. (1), redesignated former cls. (1) to (6) as cls. (A) to (F), respectively, of par. (1), in cl. (E) inserted “except as provided in paragraph (2),” before “he was married”, in cl. (F) redesignated former subcls. (A) to (C) as subcls. (i) to (iii), respectively, and added par. (2).
Subsec. (k). Pub. L. 108–203, § 414(c), substituted “clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1)” for “clause (5) of subsection (c) or clause (5) of subsection (g)” in introductory provisions.
1994—Subsecs. (h), (i). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “his” in subsec. (h)(1)(B)(ii), and “prescribed by the Commissioner” for “prescribed by him” in subsec. (i)(2)(F)(i), (ii)(III).
Subsec. (j). Pub. L. 103–296, § 321(c)(6)(H), substituted “1986” for “1954” after “Code of”.
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Subsec. (k). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
1990—Subsec. (e). Pub. L. 101–508, § 5104(a), substituted “either living with or receiving at least one-half of his support from such individual at the time of such individual’s death” for “at the time of such individual’s death living in such individual’s household” and struck out before period at end of second sentence “; except that this sentence shall not apply if at the time of such individual’s death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children”.
Subsec. (h)(1)(A). Pub. L. 101–508, § 5119(a)(1), designated first and second sentences as cls. (i) and (ii), respectively.
Subsec. (h)(1)(B)(i). Pub. L. 101–508, § 5119(b), substituted “where under subsection (b), (c), (d), (f), or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual” for “where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual”, struck out “and such applicant and the insured individual were living in the same household at the time of the death of such insured individual or (if such insured individual is living) at the time such applicant files the application,” after “valid marriage,”, substituted “subsections (b), (c), (d), (f), and (g)” for “subsections (b), (c), (f), and (g)”, and inserted at end “Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.”
Pub. L. 101–508, § 5119(a)(2)(A), inserted “(i)” after “(B)”.
Subsec. (h)(1)(B)(ii). Pub. L. 101–508, § 5119(a)(2)(B), (C), substituted “(ii) The provisions of clause (i) shall not apply” for “The provisions of the preceding sentence shall not apply (i) if another person is or has been entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual and such other person is (or is deemed to be) a wife, widow, husband, or widower of such insured individual under subparagraph (A) at the time such applicant files the application, or (ii)”.
Subsec. (h)(1)(B)(iii). Pub. L. 101–508, § 5119(a)(2)(D)–(G), substituted “(iii) The entitlement to a monthly benefit under subsection (b) or (c)” for “The entitlement to a monthly benefit under subsection (b), (c), (e), (f), or (g)”, “a wife or husband” for “a wife, widow, husband, or widower”, and “in which such person enters” for “(i) in which the Secretary certifies, pursuant to section 405(i) of this title, that another person is entitled to a benefit under subsection (b), (c), (e), (f), or (g) of section 402 of this title on the basis of the wages and self-employment income of such insured individual, if such other person is (or is deemed to be) the wife, widow, husband, or widower of such insured individual under subparagraph (A), or (ii) if the applicant is entitled to a monthly benefit under subsection (b) or (c) of section 402 of this title, in which such applicant entered”.
Subsec. (h)(1)(B)(iv). Pub. L. 101–508, § 5119(a)(2)(H), (I), inserted “(iv)” before “For purposes” and substituted “(I)” and “(II)” for “(i)” and “(ii)”, respectively.
Subsec. (i)(1). Pub. L. 101–508, § 5103(b)(1), substituted “(2)(B)” for “(2)(C)”.
1987—Subsec. (i)(2)(D)(ii)(II). Pub. L. 100–203 substituted “36-month period” for “15-month period”.
1984—Subsec. (f). Pub. L. 98–369, § 2661(l)(1), inserted provision that for purposes of subparagraph (C) of section 402(c)(1) of this title, a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.
Subsec. (h)(3). Pub. L. 98–369, § 2663(a)(11)(A), made technical amendment to directory language of Pub. L. 97–35, § 2203(d)(4). See 1981 Amendment Note below.
Subsec. (h)(3)(A)(i). Pub. L. 98–369, § 2661(l)(2), substituted “subsection (l)” for “section 416(l) of this title”.
Subsec. (i)(1). Pub. L. 98–460, § 4(a)(2), inserted “(2)(C),” after “(2)(A),”.
Subsec. (i)(2)(B). Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”.
Pub. L. 98–369, § 2662(c)(1), made clarifying amendment to Pub. L. 98–21, § 201(c)(1)(D). See 1983 Amendment note below.
Subsec. (i)(2)(D). Pub. L. 98–460, § 2(b), inserted “The provisions set forth in section 423(f) of this title with respect to determinations of whether entitlement to benefits under this subchapter or subchapter XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).”
Pub. L. 98–369, § 2661(l)(3), substituted “subsection (l)” for “section 416(l) of this title”.
Subsec. (i)(2)(F)(ii). Pub. L. 98–369, § 2663(a)(11)(B), substituted a dash for a comma after “before January 1968” in provisions preceding subcl. (I).
1983—Subsec. (a). Pub. L. 98–21, § 304(c), added subsec. (a).
Subsec. (d)(4), (5). Pub. L. 98–21, § 301(c)(1), added pars. (4) and (5). Former par. (4) redesignated (6).
Subsec. (d)(6). Pub. L. 98–21, § 306(c), added par. (6) and redesignated former par. (6) as (8).
Pub. L. 98–21, § 301(c)(1), redesignated former par. (4) as (6).
Subsec. (d)(7). Pub. L. 98–21, § 306(c), added par. (7).
Subsec. (d)(8). Pub. L. 98–21, § 306(c), redesignated former par. (6) as (8).
Subsecs. (f)(3)(A), (g)(6)(A). Pub. L. 98–21, § 309(j), (k), inserted reference to subsec. (c) of section 402 of this title.
Subsec. (h)(3). Pub. L. 98–21, § 333(a), substituted “subparagraphs (A)(i) and (B)(i)” for “subparagraph (A)(i)” in provisions following subpar. (C)(ii).
Subsec. (h)(3)(A)(i). Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”.
Subsec. (h)(3)(A)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Subsec. (h)(3)(A)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Subsec. (h)(3)(A)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Subsec. (h)(3)(A)(ii). Pub. L. 98–21, § 303(a), (b), inserted “mother or” before “father” and substituted “such applicant’s application for benefits was filed” for “such insured individual became entitled to benefits or attained retirement age (as defined in subsection (l) of this section), whichever first occurred”.
Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l) of this section)” for “age 65”.
Subsec. (h)(3)(B). Pub. L. 98–21, § 303(d)(2), substituted “he or she” for “he” in provisions preceding cl. (i).
Subsec. (h)(3)(B)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Subsec. (h)(3)(B)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Subsec. (h)(3)(B)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Subsec. (h)(3)(B)(ii). Pub. L. 98–21, § 303(c), substituted “such applicant’s application for benefits was filed” for “such period of disability began”.
Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Subsec. (h)(3)(C)(i)(I). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Subsec. (h)(3)(C)(i)(II). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Subsec. (h)(3)(C)(i)(III). Pub. L. 98–21, § 303(d)(1), substituted “his or her” for “his”.
Subsec. (h)(3)(C)(ii). Pub. L. 98–21, § 303(a), inserted “mother or” before “father”.
Subsec. (i)(2)(B). Pub. L. 98–21, § 201(c)(1)(D), as amended by Pub. L. 98–369, § 2662(c)(1), substituted “retirement age (as defined in subsection (l))” for “the age of 65”.
Subsec. (i)(2)(D). Pub. L. 98–21, § 201(c)(1)(D), substituted “retirement age (as defined in subsection (l))” for “age 65”.
Subsec. (i)(3)(B)(iii). Pub. L. 98–21, § 332(a), added cl. (iii).
Subsec. (l). Pub. L. 98–21, § 201(a), added subsec. (l).
1981—Subsec. (b). Pub. L. 97–35, § 2203(b)(2), inserted provisions that for purposes of cl. (2), a wife be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual and for purposes of section 402(b)(1)(C) of this title, a divorced wife be deemed not to be married throughout the month in which she becomes divorced.
Subsec. (c). Pub. L. 97–35, § 2202(a)(2)(A), inserted “the first sentence of” before “section 402(i) of this title”.
Subsec. (e). Pub. L. 97–35, § 2203(d)(3), inserted provisions that for purposes of cl. (2), a child be deemed to have been a stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year and for purposes of cl. (3), a person be deemed to have no natural or adoptive parent living, other than a parent who is under a disability, throughout the most recent month in which a natural or adoptive parent, not under a disability, dies.
Subsec. (f). Pub. L. 97–35, § 2203(c)(2), inserted provision that for purposes of cl. (2), a husband be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her.
Subsec. (g). Pub. L. 97–35, § 2202(a)(2)(B), inserted “the first sentence of” before “section 402(i) of this title”.
Subsec. (h)(3). Pub. L. 97–35, § 2203(d)(4), as amended by Pub. L. 98–369, § 2663(a)(11)(A), inserted provision that for purposes of subpar. (A)(i), an acknowledgement, court decree, or court order be deemed to have occurred on the first day of the month in which it actually occurred.
1980—Subsec. (i)(1). Pub. L. 96–473 inserted reference to section 423(d)(6) of this title.
Subsec. (i)(2)(D)(ii). Pub. L. 96–265, § 303(b)(2)(B), substituted “(ii) the month preceding (I) the termination month (as defined in section 423(a)(1) of this title), or, if earlier (II) the first month for which no benefit is payable by reason of section 423(e) of this title, where no benefit is payable for any of the succeeding months during the 15-month period referred to in such section” for “(ii) the second month following the month in which the disability ceases”.
Subsec. (i)(2)(G). Pub. L. 96–265, § 306(b), inserted provisions placing limitations on the prospective effect of applications.
1977—Subsec. (d)(1), (2). Pub. L. 95–216 substituted “10” for “20” wherever appearing.
1974—Subsecs. (b), (c), (f), (g). Pub. L. 93–445 substituted “section 231a of title 45” for “section 228e of title 45”.
1972—Subsec. (e). Pub. L. 92–603, § 113(a), extended definition of “child” to include grandchildren and stepgrandchildren of an individual or his spouse.
Subsec. (i)(2)(A). Pub. L. 92–603, § 116(d), substituted “five” for “6”.
Subsec. (i)(2)(B). Pub. L. 92–603, § 118(b), provided for the filing of an application for a disability determination after the death of the insured individual.
Subsec. (i)(3). Pub. L. 92–603, §§ 104(g), 117(a), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A), and substituted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind for provisions excepting the provisions of subpar. (A) in the case of an individual with respect to whom a period of disability would, but for such subpar., begin before 1951 in the provisions following subpar. (B).
Subsec. (k). Pub. L. 92–603, §§ 115(b), 145(a), designated existing pars. (1) and (2) as subpars. (A) and (B) of par. (1), added par. (2), in par. (1), as so redesignated, substituted “unless 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 “and he would satisfy such requirement if a three-month period were substituted for the nine-month period”, and in material following par. (2) substituted “except that paragraph (2) of this subsection shall not apply” for “except that this subsection shall not apply”.
1968—Subsec. (c)(5). Pub. L. 90–248, § 156(a), substituted “not less than nine months” for “not less than one year”.
Subsec. (e). Pub. L. 90–248, §§ 150(a), 156(b), inserted in first sentence “not less than nine months immediately preceding” before “the day on which such individual died”, and added, in second sentence, cl. (A) and incorporated existing provisions in cl. (B).
Subsec. (g)(5). Pub. L. 90–248, § 156(c), substituted “not less than nine months” for “not less than one year”.
Subsec. (i)(1). Pub. L. 90–248, §§ 104(d)(2), 158(d), 172(a), (b), inserted “402(e), 402(f),” after “402(d),”, redefined “blindness” to mean central visual acuity of 20/200 rather than 5/200 or less in the better eye and substituted provision deeming an eye accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees as having a central visual acuity of 20/200 or less for former provision deeming an eye in which visual field is reduced to five degrees or less concentric contraction as having a central visual acuity of 5/200 or less, respectively, and deleted former third sentence which provided that an individual was not deemed under a disability unless he furnished proof as required and added third sentence making section 423(d)(2)(A), (3), (4), and (5) of this title applicable to determine if an individual is under a disability.
Subsec. (i)(2)(E) to (G). Pub. L. 90–248, § 111(a), inserted introductory exception phrase, added subpar. (F), and redesignated former subpar. (F) as (G).
Subsec. (i)(3)(B)(ii). Pub. L. 90–248, § 105(a), struck out “and he is under a disability by reason of blindness (as defined in paragraph (1) of this subsection)” after “age 31”.
Subsec. (k). Pub. L. 90–248, § 156(d), added subsec. (k).
1965—Subsec. (b). Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(a), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title, and added cl. (3)(C), respectively.
Subsec. (c). Pub. L. 89–97, §§ 306(c)(13), 308(d)(2)(B), 334(b), inserted “(subject, however, to section 402(s) of this title)”, included reference to subsec. (b) of section 402 of this title, and added cl. (6)(C), respectively.
Subsec. (d). Pub. L. 89–97, § 308(c), added pars. (1), (2), and (4), defining “divorced wife”, “surviving divorced wife”, and “divorce” and “divorced”, and incorporated definition of “former wife divorced” in par. (3), inserting “who has died” after “individual” and redesignating cls. (1) to (4) as (A) to (D), respectively.
Subsec. (f). Pub. L. 89–97, §§ 306(c)(13), 334(c), inserted “(subject, however, to section 402(s) of this title)” and added cl. (3)(C), respectively.
Subsec. (g). Pub. L. 89–97, §§ 306(c)(13), 334(d), inserted “(subject, however, to section 402(s) of this title)” and added cl. (6)(C), respectively.
Subsec. (h). Pub. L. 89–97, § 339(a), added par. (3).
Subsec. (i)(1)(A). Pub. L. 89–97, § 303(a)(1), substituted “or has lasted or can be expected to last for a continuous period of not less than 12 months” for “or to be of long-continued and indefinite duration”.
Subsec. (i)(2). Pub. L. 89–97, § 303(b)(1), struck out sixth sentence providing that: “Any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.”
Subsec. (i)(2)(A). Pub. L. 89–97, § 303(b)(1), designated first sentence as subpar. (A).
Subsec. (i)(2)(B). Pub. L. 89–97, § 303(b)(1), designated second sentence as subpar. (B), substituted therein “No period of disability” for “No such disability”, and struck out “, while under such disability,” after “unless such individual”.
Subsec. (i)(2)(C). Pub. L. 89–97, §§ 303(b)(1), 304(l), designated third sentence as subpar. (C), struck out “(subject to section 423(a)(3) of this title)” before “begin”, and redesignated cls. (A) and (B) thereof as (i) and (ii); and again struck out “(subject to section 423(a)(3) of this title)” before “begin”, respectively.
Subsec. (i)(2)(D). Pub. L. 89–97, § 303(b)(1), designated fourth sentence as subpar. (D), substituted “the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases” for “the close of the last day of the month preceding which of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases”.
Subsec. (i)(2)(E). Pub. L. 89–97, § 303(b)(1), designated fifth sentence as subpar. (E), substituted “12 months” for “three months” and “after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph)” for “before the first day on which a period of disability can begin (as determined under this paragraph), or, in any case in which clause (ii) of section 423(a)(1) of this title is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 423 of this title,”, and struck out “, and no such application which is filed prior to January 1, 1955, shall be accepted” after “for purposes of this paragraph”.
Subsec. (i)(2)(F). Pub. L. 89–97, § 328(b), added subpar. (F).
Subsec. (i)(3). Pub. L. 89–97, §§ 303(b)(2), 344(a), substituted “clauses (i) and (ii) of paragraph (2)(C)” for “clauses (A) and (B) of paragraph (2)”, removed from existing subpar. (B) provision prohibiting the inclusion, as part of such 40-quarter period, of any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage, and designated such subpar., as so amended, as subpar. (B)(i), added subpar. (B)(ii), and, in the material following subpar. (B)(ii), inserted provision prohibiting inclusion of any quarter as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage and calling for reduction by one of the number of quarters in any period whenever such number of quarters is an odd number, respectively.
1964—Subsec. (i)(2). Pub. L. 88–650, § 1(a), struck out provisions which directed that a period of disability shall begin if the individual satisfies the requirements of par. (3) of this subsection on such day, on the first day of the eighteen-month period which ends with the day before the day on which the individual files such application.
Subsec. (i)(3). Pub. L. 88–650, § 1(b), substituted “paragraph (2) of this subsection” for “paragraphs (2) and (4) of this subsection”.
Subsec. (i)(4). Pub. L. 88–650, § 1(c), repealed par. (4) which related to the beginning of the period of disability for individuals who filed an application for a disability determination after Dec. 1954, and before July 1962, with respect to a disability which began before January 1961.
1961—Subsec. (a). Pub. L. 87–64, § 102(c)(1), repealed subsec. (a) which defined retirement age.
Subsecs. (b), (c), (f), (g). Pub. L. 87–64, § 102(c)(2)(B), substituted “attainment of age 62” for “attainment of retirement age”.
Subsec. (i)(2). Pub. L. 87–64, § 102(b)(2)(D), substituted “a period of disability shall (subject to section 423(a)(3) of this title) begin” for “a period of disability shall begin” in third sentence.
Subsec. (i)(3)(A). Pub. L. 87–64, § 102(c)(3)(C), substituted “attainment age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”.
Subsec. (i)(4). Pub. L. 87–64, § 105, substituted “July 1962” for “July 1961”, and “January 1961” for “July 1960”.
1960—Subsec. (b). Pub. L. 86–778, § 207(a), substituted “one year” for “three years”.
Subsec. (e). Pub. L. 86–778, §§ 207(b), 208(c), in first sentence, reduced the period for eligibility of a stepchild of a living individual from three years immediately preceding the day on which application for child’s benefits is filed to one year immediately preceding the day on which application for child’s benefits is filed, and inserted the last sentence requiring, for purposes of clause (2), that a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in last sentence of subsec. (h)(1)(B) of this section, would have been a valid marriage.
Subsec. (f). Pub. L. 86–778, § 207(c), substituted “one year” for “three years”.
Subsec. (h)(1). Pub. L. 86–778, § 208(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (h)(2). Pub. L. 86–778, § 208(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (i)(2). Pub. L. 86–778, §§ 402(e), 403(c), redefined “period of disability” to include a period of less than six full calendar months’ duration if the individual was entitled to benefits under section 423 of this title for one or more months in such period, prohibited acceptance of an application, in any case in which clause (ii) of section 423(a) of this title is applicable, filed more than six months before the first month for which the applicant becomes entitled to benefits under section 423 of this title, substituted provisions requiring a period of disability to end with the close of the last day of the month preceding whichever of the following months is the earlier: the month in which the individual attains age 65 or the third month following the month in which the disability ceases, for provisions which required a period of disability to end with the close of the last day of the first month in which either the disability ceases or the individual attains the age of 65, and inserted sentence providing that any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.
Subsec. (j). Pub. L. 86–778, § 703, added subsec. (j).
1958—Subsec. (b). Pub. L. 85–840, § 301(d), included within definition of “wife” a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.
Subsec. (c). Pub. L. 85–840, § 301(b)(2) included within definition of “widow” a woman whose husband had legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, and a woman who, in the month prior to the month of her marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.
Subsec. (d). Pub. L. 85–840, § 301(e), included within definition of “former wife divorced” a woman whose husband legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen.
Subsec. (e). Pub. L. 85–840, § 302(a), struck out requirement that an adopted child of a living individual must have been adopted for not less than three years immediately preceding the day on which application for child’s benefits is filed, and inserted provisions requiring a child to be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if the child was living in the decedent’s household at the time of his death and was legally adopted by the surviving spouse after the individual’s death but before the end of two years after the day on which the individual died or Aug. 28, 1958, and the child was not receiving regular contributions toward his support from someone other than the individual or his spouse, or from any public or private welfare organization.
Subsec. (f). Pub. L. 85–840, § 301(a)(2), included within definition of “husband” a person who in the month prior to the month of his marriage was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or who had attained age eighteen and was entitled to, or on application therefor would have been entitled to benefits under subsection (d) of section 402 of this title.
Subsec. (g). Pub. L. 85–840, § 301(c)(2), included within definition of “widower” a person whose wife had legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, and a person who, in the month before the month of his marriage, was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 402 of this title, or had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of section 402 of this title.
Subsec. (h)(3). Pub. L. 85–840, § 305(b), repealed par. (3) which defined “living with” for purposes of section 402(i) of this title.
Subsec. (i)(2). Pub. L. 85–840, § 201, substituted “while under such disability” for “while under a disability” in opening provisions, and “eighteen-month period” for “one-year period” in cl. (A)(ii).
Subsec. (i)(3). Pub. L. 85–840, § 204(a), struck out provisions that required, for a period of disability to begin with respect to any quarter, an individual to have not less than six quarters of coverage during the thirteen-quarter period which ends with such quarter, and inserted provisions requiring an individual to be fully insured.
Subsec. (i)(4). Pub. L. 85–840, § 203, substituted “July 1961” for “July 1958” and “July 1960” for “July 1957”, and struck out provisions which required the applicant to be alive on July 1, 1955.
1957—Subsec. (h). Pub. L. 85–238 amended subsec. (h) generally to provide that the applicant is the wife, husband, widow, or widower if there is a finding that the applicant and the insured individual were validly married at the time the application for benefits is filed, or at the time the insured individual died, and to eliminate provisions which prescribed certain conditions under which a wife or husband would be deemed to have been living with his or her spouse, and which related to determination of status of parent.
Subsec. (i)(4). Pub. L. 85–109, substituted “July 1958” for “July 1957” and “July 1957” for “July 1956”.
1956—Subsec. (a). Act Aug. 1, 1956, § 102(a), reduced the retirement age in the case of a woman from age sixty-five to age sixty-two.
Subsec. (i)(1). Act Aug. 1, 1956, § 103(c)(6), inserted “Except for purposes of sections 402(d), 423, and 425 of this title”.
Subsec. (i)(2). Act Aug. 1, 1956, § 102(d)(12), substituted “the age of sixty-five” for “retirement age” in two places.
1954—Subsec. (i). Act Sept. 1, 1954, § 106(d), added subsec. (i). Former subsec. (i), which was added by act July 18, 1952, § 3(d), ceased to be in effect at the close of June 30, 1953. See Effective and Termination Date of 1952 Amendment note set out under section 413 of this title.
1952—Subsec. (i). Act July 18, 1952, added subsec. (i).