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104TH CONGRESS

2D SESSION H. R. 3358

To amend title II of the Social Security Act to repeal the 7-year restriction

on eligibility for widow’s and widower’s insurance benefits based on disability.

IN THE HOUSE OF REPRESENTATIVES

APRIL 30, 1996

Mrs. LOWEY 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 repeal the

7-year restriction on eligibility for widow’s and widower’s

insurance benefits based on disability.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF 7-YEAR RESTRICTION ON ELIGI4 BILITY FOR WIDOW’S AND WIDOWER’S INSUR5 ANCE BENEFITS BASED ON DISABILITY.

6 (a) WIDOW’S INSURANCE BENEFITS.—

7 (1) IN GENERAL.—Section 202(e) of the Social

8 Security Act (42 U.S.C. 402(e)) is amended—
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1 (A) in paragraph (1)(B)(ii), by striking

2 ‘‘which began before the end of the period spec3 ified in paragraph (4)’’;

4 (B) in paragraph (1)(F)(ii), by striking

5 ‘‘(I) in the period specified in paragraph (4)

6 and (II)’’;

7 (C) by striking paragraph (4) and by re8 designating paragraphs (5) through (9) as

9 paragraphs (4) through (8), respectively; and

10 (D) in paragraph (4)(A)(ii) (as redesig11 nated), by striking ‘‘whichever’’ and all that fol12 lows through ‘‘begins’’ and inserting ‘‘the first

13 day of the seventeenth month before the month

14 in which her application is filed’’.

15 (2) CONFORMING AMENDMENTS.—

16 (A) Section 202(e)(1)(F)(i) of such Act

17 (42 U.S.C. 402(e)(1)(F)(i)) is amended by

18 striking ‘‘paragraph (5)’’ and inserting ‘‘para19 graph (4)’’.

20 (B) Section 202(e)(1)(C)(ii)(III) of such

21 Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amend22 ed by striking ‘‘paragraph (8)’’ and inserting

23 ‘‘paragraph (7)’’.

24 (C) Section 202(e)(2)(A) of such Act (42

25 U.S.C. 402(e)(2)(A)) is amended by striking
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1 ‘‘paragraph (7)’’ and inserting ‘‘paragraph

2 (6)’’.

3 (D) Section 226(e)(1)(A)(i) of such Act

4 (42 U.S.C. 426(e)(1)(A)(i)) is amended by

5 striking ‘‘202(e)(4)’’.

6 (b) WIDOWER’S INSURANCE BENEFITS.—

7 (1) IN GENERAL.—Section 202(f) of such Act

8 (42 U.S.C. 402(f)) is amended—

9 (A) in paragraph (1)(B)(ii), by striking

10 ‘‘which began before the end of the period spec11 ified in paragraph (5)’’;

12 (B) in paragraph (1)(F)(ii), by striking

13 ‘‘(I) in the period specified in paragraph (5)

14 and (II)’’;

15 (C) by striking paragraph (5) and by re16 designating paragraphs (6) through (9) as

17 paragraphs (5) through (8), respectively; and

18 (D) in paragraph (5)(A)(ii) (as redesig19 nated), by striking ‘‘whichever’’ and all that fol20 lows through ‘‘begins’’ and inserting ‘‘the first

21 day of the seventeenth month before the month

22 in which his application is filed’’.

23 (2) CONFORMING AMENDMENTS.—

24 (A) Section 202(f)(1)(F)(i) of such Act (42

25 U.S.C. 402(f)(1)(F)(i)) is amended by striking
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1 ‘‘paragraph (6)’’ and inserting ‘‘paragraph

2 (5)’’.

3 (B) Section 202(f)(1)(C)(ii)(III) of such

4 Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amend5 ed by striking ‘‘paragraph (8)’’ and inserting

6 ‘‘paragraph (7)’’.

7 (C) Section 226(e)(1)(A)(i) of such Act (as

8 amended by subsection (a)(2)) is further

9 amended by striking ‘‘, 202(f)(1)(B)(ii), and

10 202(f)(5)’’ and inserting ‘‘and

11 202(f)(1)(B)(ii)’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall apply with respect to benefits for months

14 after December 1996 for which applications are filed or

15 pending on or after January 1, 1997.

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