[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4851 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4851
To amend title II of the Social Security Act to improve social security
benefits for widows and widowers in two-income households.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Ms. Sanchez (for herself, Mr. Cardenas, Mr. Cohen, Mrs. Napolitano, Ms.
Norton, Ms. Wilson of Florida, and Ms. Schakowsky) 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.
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 ``Protecting Our Widows and Widowers
in Retirement (POWR) 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 1\1/3\ of 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 1\1/3\ of the
national average wage index (as described in section
209(k)(1)) for each such year.''.
(b) Holding SSI Beneficiaries Harmless.--For purposes of
determining the income of an individual to establish eligibility for,
and the amount of, benefits payable under title XVI of the Social
Security Act, the amount of any benefit to which the individual is
entitled under title II of such Act shall be deemed not to exceed the
amount of the benefit that would be determined for such individual
under such title as in effect on the day before the date of the
enactment of this Act.
(c) 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 2021.
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