I 

108TH CONGRESS 

1ST SESSION H. R. 249

To amend title II of the Social Security Act to provide an exception to 

the nine-month duration of marriage requirement for widows and widowers in cases in which the marriage was postponed by legal impediments 

to the marriage caused by State restrictions on divorce from a prior 

spouse institutionalized due to mental incompetence or similar incapacity. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. ALLEN 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 provide 

an exception to the nine-month duration of marriage 

requirement for widows and widowers in cases in which 

the marriage was postponed by legal impediments to 

the marriage caused by State restrictions on divorce from 

a prior spouse institutionalized due to mental incompetence or similar incapacity.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EXCEPTION TO NINE-MONTH DURATION OF 

2 MARRIAGE REQUIREMENT FOR WIDOWS AND 

3 WIDOWERS. 

4 (a) WIDOWS.—Section 216(c)(5) of the Social Secu5 rity Act (42 U.S.C. 416(c)(5)) is amended by adding at 

6 the end the following: ‘‘for a period of shorter duration 

7 immediately preceding such day in any case in which (A) 

8 the individual had been married prior to the individual’s 

9 marriage to the surviving wife, (B) the prior wife was in10 stitutionalized during the individual’s marriage to the 

11 prior wife due to mental incompetence or similar inca12 pacity, (C) for the period beginning nine months imme13 diately prior to the individual’s marriage to the surviving 

14 wife and ending with the death of the prior wife, the com15 mencement of the individual’s subsequent marriage to the 

16 surviving wife was postponed because the laws of the State 

17 in which the individual was domiciled at the time of his 

18 marriage to the prior wife did not provide grounds for di19 vorce based on a spouse’s institutionalization due to such 

20 mental incompetence or similar incapacity and therefore 

21 impeded any subsequent marriage, and (D) the marriage 

22 between the individual and his surviving wife occurred 

23 within 60 days after the removal of the impediment cre24 ated by the individual’s marriage to the prior wife, or’’. 

25 (b) WIDOWERS.—Section 216(g)(5) of such Act (42 

26 U.S.C. 416(g)(5)) is amended by adding at the end the 
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1 following: ‘‘for a period of shorter duration immediately 

2 preceding such day in any case in which (A) the individual 

3 had been married prior to the individual’s marriage to the 

4 surviving husband, (B) the prior husband was institu5 tionalized during the individual’s marriage to the prior 

6 husband due to mental incompetence or similar incapacity, 

7 (C) for the period beginning nine months immediately 

8 prior to the individual’s marriage to the surviving husband 

9 and ending with the death of the prior husband, the com10 mencement of the individual’s subsequent marriage to the 

11 surviving husband was postponed because the laws of the 

12 State in which the individual was domiciled at the time 

13 of her marriage to the prior husband did not provide 

14 grounds for divorce based on a spouse’s institutionaliza15 tion due to such mental incompetence or similar incapacity 

16 and therefore impeded any subsequent marriage, and (D) 

17 the marriage between the individual and her surviving 

18 husband occurred within 60 days after the removal of the 

19 impediment created by the individual’s marriage to the 

20 prior husband, or’’. 

21 SEC. 2. EFFECTIVE DATE. 

22 The amendments made by this Act shall be effective 

23 with respect to applications for benefits under title II of 
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1 the Social Security Act that are filed on or after March 

2 1, 1991.

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