Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698744915521.pdf (Micronesia, Federated States of)
TWENTY-SECOND CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION, 2022 C.B.

NO.
NO.

22-225 ______________________________________________________________________ ______________________________________________________________________ A BILL FOR AN ACT To amend chapter 8 of title 53 of the Code of the Federated States of Micronesia (Annotated), by amending section 802 thereof, in order to limit surviving spouse benefits, by amending section 803 thereof, in order to limit surviving dependents’ benefits, and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 2 Section 1.

Section 802 of title 53 of the Code of the 3 Federated States of Micronesia (Annotated) is hereby amended to 4 read as follows: “Section 802.

Surviving spouse benefits.

(1) Every surviving spouse who: (a) was married to an individual who died fully insured; and (b) files an application shall be entitled to a surviving spouse insurance benefit, subject to the earnings test as defined in this subtitle.
(2) Surviving spouse benefit payments shall be paid for each month commencing with the month of death of the fully insured spouse and ending when the employer-employee social security tax contributions from the individual who died fully insured are exhausted or [ending with] the month preceding the month in which the surviving spouse dies or remarries, whichever occurs CBL 22-237 ______________________________________________________________________ ______________________________________________________________________ C.B.
NO.

22-225 first.

(3) Notwithstanding the provision of subsection (1) and (2) of this section, retroactive payments shall be limited to the 12 months immediately preceding the month in which the surviving spouse has submitted an application.” Section 2.

Section 803 of title 53 of the Code of the 8 Federated States of Micronesia (Annotated) is hereby amended to 9 read as follows: “Section 803.

Dependent’s benefits.


(1) Every surviving child who: (a) was dependent upon an individual who died fully insured or currently insured; and (b) has filed a complete application with the Social Security Administrator for survivor’s insurance; shall be entitled to a surviving child’s insurance benefit, subject to the earnings test as defined in this subtitle.
(2) A surviving child’s insurance benefit shall be paid for each month beginning with the month of death of the individual who died fully insured or currently insured and shall end with the month preceding the month which contains the first to occur of the following events: (a) attainment of age 22 in the case of a 2 of 4 ______________________________________________________________________ ______________________________________________________________________ C.B.

NO.
22-225 surviving child who is a bona fide student; or (b) ceasing to be disabled after attainment of age 18 in the case of a surviving child who was disabled before attainment of age 22; or (c) attainment of age 18 in the case of any surviving child not described in preceding paragraphs (a) and (b) of this subsection, except that benefits shall be payable during the disability of a surviving child who was disabled before the attainment of age 22 regardless of the child’s age; or (d) marriage; [or] (e) adoption; or (f) when the employer-employee social security tax contributions from the individual who died fully insured are exhausted.
(3) A surviving child shall be deemed to have been dependent upon his parent or adopting parent unless that parent or adopting parent was not living in the same household with or contributing to the support of such child prior to his death.

The child’s insurance benefit shall be paid to the individual upon whom the child is currently dependent, except such benefit shall be subject to the earnings test as defined in this subtitle.
(4) Notwithstanding the provisions of subsections 3 of 4 ______________________________________________________________________ ______________________________________________________________________ C.B.

NO.

22-225 (1) and (2) of this section, retroactive payments shall be limited to the 12 months immediately preceding the month in which the surviving child or the surviving child’s guardian has submitted an application.” Section 3.

This act shall take effect on January 1, 2023.

Section 4.
Section 4.

This act shall become law upon approval by the 7 President of the Federated States of Micronesia or upon its 8 becoming law without such approval.

9 10 Date: 7/20/22 Introduced by: /s/ Ferny S. Perman Ferny S. Perman of 4