[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3915 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3915
To amend title II of the Social Security Act to improve social security
benefits for widows and widowers in two-income households, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2021
Mr. Reed introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to improve social security
benefits for widows and widowers in two-income households, 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 ``Strengthening Social Security for
Widows Act''.
SEC. 2. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN
TWO-INCOME HOUSEHOLDS.
(a) In General.--
(1) Widows.--Section 202(e) of the Social Security Act (42
U.S.C. 402(e)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting
``and'' at the end;
(ii) in subparagraph (C)(iii), by striking
``and'' at the end;
(iii) by striking subparagraph (D);
(iv) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and
(v) in the flush matter following
subparagraph (E)(ii), as so redesignated, by
striking ``or becomes entitled to an old-age
insurance benefit'' and all that follows
through ``such deceased individual,'';
(B) by striking subparagraph (A) in paragraph (2)
and inserting the following:
``(2)(A) Except as provided in subsection (k)(5),
subsection (q), and subparagraph (D) of this paragraph, such
widow's insurance benefit for each month shall be equal to the
greater of--
``(i) the primary insurance amount (as determined
for purposes of this subsection after application of
subparagraphs (B) and (C)) of such deceased individual,
or
``(ii) subject to paragraph (9), in the case of a
fully insured widow or surviving divorced wife, 75
percent of the sum of any old-age or disability
insurance benefit for which the widow or the surviving
divorced wife is entitled for such month and the
primary insurance amount (as determined for purposes of
this subsection after application of subparagraphs (B)
and (C)) of such deceased individual.'';
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``paragraph (1)(F)'' and inserting ``paragraph
(1)(E)''; and
(ii) in subparagraph (B), by striking
``paragraph (1)(F)(i)'' and inserting
``paragraph (1)(E)(i)''; and
(D) by adding at the end the following:
``(9) For purposes of paragraph (2)(A)(ii), the amount
determined under such paragraph shall not exceed the primary
insurance amount for such month of a hypothetical individual--
``(A) who became entitled to old-age insurance
benefits upon attaining early retirement age during the
month in which the deceased individual referred to in
paragraph (1) became entitled to old-age or disability
insurance benefits, or died (before becoming entitled
to such benefits), and
``(B) to whom wages and self-employment income were
credited in each of such hypothetical individual's
elapsed years (within the meaning of section
215(b)(2)(B)(iii)) in an amount equal to the national
average wage index (as described in section 209(k)(1))
for each such year.''.
(2) Widowers.--Section 202(f) of the Social Security Act
(42 U.S.C. 402(f)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting
``and'' at the end;
(ii) in subparagraph (C)(iii), by striking
``and'' at the end;
(iii) by striking subparagraph (D);
(iv) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and
(v) in the flush matter following
subparagraph (E)(ii), as so redesignated, by
striking ``or becomes entitled to an old-age
insurance benefit'' and all that follows
through ``such deceased individual,'';
(B) by striking subparagraph (A) in paragraph (2)
and inserting the following:
``(2)(A) Except as provided in subsection (k)(5),
subsection (q), and subparagraph (D) of this paragraph, such
widower's insurance benefit for each month shall be equal to
the greater of--
``(i) the primary insurance amount (as determined
for purposes of this subsection after application of
subparagraphs (B) and (C)) of such deceased individual,
or
``(ii) subject to paragraph (9), in the case of a
fully insured widower or surviving divorced husband, 75
percent of the sum of any old-age or disability
insurance benefit for which the widower or the
surviving divorced husband is entitled for such month
and the primary insurance amount (as determined for
purposes of this subsection after application of
subparagraphs (B) and (C)) of such deceased
individual.'';
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``paragraph (1)(F)'' and inserting ``paragraph
(1)(E)''; and
(ii) in subparagraph (B), by striking
``paragraph (1)(F)(i)'' and inserting
``paragraph (1)(E)(i)''; and
(D) by adding at the end the following:
``(9) For purposes of paragraph (2)(A)(ii), the amount
determined under such paragraph shall not exceed the primary
insurance amount for such month of a hypothetical individual--
``(A) who became entitled to old-age insurance
benefits upon attaining early retirement age during the
month in which the deceased individual referred to in
paragraph (1) became entitled to old-age or disability
insurance benefits, or died (before becoming entitled
to such benefits), and
``(B) to whom wages and self-employment income were
credited in each of such hypothetical individual's
elapsed years (within the meaning of section
215(b)(2)(B)(iii)) in an amount equal to the national
average wage index (as described in section 209(k)(1))
for each such year.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to widow's and widower's insurance benefits payable
for months after December 2023.
SEC. 3. BENEFITS FOR DISABLED SURVIVING SPOUSES.
(a) In General.--
(1) Eligibility for widow's insurance benefits.--Section
202(e)(1)(B)(ii) of the Social Security Act (42 U.S.C.
402(e)(1)(B)(ii)) is amended by striking ``has attained age 50
but has not attained age 60 and''.
(2) Eligibility for widower's insurance benefits.--Section
202(f)(1)(B)(ii) of such Act (42 U.S.C. 402(f)(1)(B)(ii)) is
amended by striking ``has attained age 50 but has not attained
age 60 and''.
(3) Conforming amendment.--Section 202(q)(3)(A) of such Act
(42 U.S.C. 402(q)(3)(A)) is amended by striking ``If the first
month'' and all that follows through ``widow's or widower's
insurance benefit)'' and inserting ``If the first month for
which an individual both is entitled to a wife's or husband's
insurance benefit and has attained age 62 or for which an
individual is entitled to a widow's or widower's insurance
benefit''.
(b) Preclusion of Entitlement After Early Remarriage.--
(1) Widow's insurance benefits.--Section 202(e)(1)(B)(ii)
of such Act (42 U.S.C. 402(e)(1)(B)(ii)) is amended by
inserting ``and has not remarried prior to attaining the age
which is 12 years less than early retirement age (as defined in
section 216(l)(2))'' before the comma.
(2) Widower's insurance benefits.--Section 202(f)(1)(B)(ii)
of such Act (42 U.S.C. 402(f)(1)(B)(ii)) is amended by
inserting ``and has not remarried prior to attaining the age
which is 12 years less than early retirement age (as defined in
section 216(l)(2))'' before the comma.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits payable for months after December 2022
and for which applications are filed after December 2022.
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