[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2533 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2533
To amend title II of the Social Security Act to provide for
miscellaneous enhancements in Social Security benefits, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2002
Mr. Smith of Oregon (for himself and Mrs. Feinstein) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to provide for
miscellaneous enhancements in Social Security benefits, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefit Enhancements
for Women Act of 2002''.
SEC. 2. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND
WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.
(a) Widow's Insurance Benefits.--
(1) In general.--Section 202(e) of the Social Security Act
(42 U.S.C. 402(e)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (4)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (4) and (II)'';
(C) by striking paragraph (4) and by redesignating
paragraphs (5) through (9) as paragraphs (4) through
(8), respectively; and
(D) in paragraph (4)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which her
application is filed''.
(2) Conforming amendments.--
(A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C.
402(e)(1)(F)(i)) is amended by striking ``paragraph
(5)'' and inserting ``paragraph (4)''.
(B) Section 202(e)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 202(e)(2)(A) of such Act (42 U.S.C.
402(e)(2)(A)) is amended by striking ``paragraph (7)''
and inserting ``paragraph (6)''.
(D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C.
426(e)(1)(A)(i)) is amended by striking ``202(e)(4),''.
(b) Widower's Insurance Benefits.--
(1) In general.--Section 202(f) of such Act (42 U.S.C.
402(f)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (5)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (5) and (II)'';
(C) by striking paragraph (5) and by redesignating
paragraphs (6) through (9) as paragraphs (5) through
(8), respectively; and
(D) in paragraph (5)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which his
application is filed''.
(2) Conforming amendments.--
(A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C.
402(f)(1)(F)(i)) is amended by striking ``paragraph
(6)'' and inserting ``paragraph (5)''.
(B) Section 202(f)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 226(e)(1)(A)(i) of such Act (as amended
by subsection (a)(2)) is further amended by striking
``202(f)(1)(B)(ii), and 202(f)(5)'' and inserting ``and
202(f)(1)(B)(ii)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after November 2002.
SEC. 3. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S
BENEFITS UPON OTHER SPOUSE'S REMARRIAGE.
(a) Wife's Insurance Benefits.--Section 202(b)(5)(A) of the Social
Security Act (42 U.S.C. 402(b)(5)(A)) is amended by adding at the end
the following new sentence: ``The criterion for entitlement under
clause (ii) shall be deemed met upon the remarriage of the insured
individual to someone other than the applicant during the 2-year period
referred to in such clause.''.
(b) Husband's Insurance Benefits.--Section 202(c)(5)(A) of such Act
(42 U.S.C. 402(c)(5)(A)) is amended by adding at the end the following
new sentence: ``The criterion for entitlement under clause (ii) shall
be deemed met upon the remarriage of the insured individual to someone
other than the applicant during the 2-year period referred to in such
clause.''.
(c) Conforming Amendment to Exemption of Insured Individual's
Divorced Spouse From Earnings Test as Applied to the Insured
Individual.--Section 203(b)(2)(B) of such Act (42 U.S.C. 403(b)(2)(B))
is amended by adding at the end the following new sentence: ``The
requirement under such clause (ii) shall be deemed met upon the
remarriage of the insured individual to someone other than the
individual referred to in paragraph (1) during the 2-year period
referred to in such clause.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after November 2002.
SEC. 4. MONTHS ENDING AFTER DECEASED INDIVIDUAL'S DEATH DISREGARDED IN
APPLYING EARLY RETIREMENT RULES WITH RESPECT TO DECEASED
INDIVIDUAL FOR PURPOSES OF LIMITATION ON WIDOW'S AND
WIDOWER'S BENEFITS.
(a) Widow's Insurance Benefits.--Section 202(e)(2)(D)(i) of the
Social Security Act (42 U.S.C. 402(e)(2)(D)(i)) is amended by inserting
after ``applicable,'' the following: ``except that, in applying
paragraph (7) of subsection (q) for purposes of this clause, any month
ending with or after the date of the death of such deceased individual
shall be deemed to be excluded under such paragraph (in addition to
months otherwise excluded under such paragraph),''.
(b) Widower's Insurance Benefits.--Section 202(f)(3)(D)(i) of such
Act (42 U.S.C. 402(f)(3)(D)(i)) is amended by inserting after
``applicable,'' the following: ``except that, in applying paragraph (7)
of subsection (q) for purposes of this clause, any month ending with or
after the date of the death of such deceased individual shall be deemed
to be excluded under such paragraph (in addition to months otherwise
excluded under such paragraph),''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after November 2002.
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