I

104TH CONGRESS

2D SESSION H. R. 3359

To amend title II of the Social Security Act to provide for increases in

widow’s and widower’s insurance benefits by reason of delayed retirement.

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 provide

for increases in widow’s and widower’s insurance benefits

by reason of delayed retirement.

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

3 SECTION 1. INCREASE IN WIDOW’S AND WIDOWER’S INSUR4 ANCE BENEFITS BY REASON OF DELAYED RE5 TIREMENT.

6 (a) DELAYED RETIREMENT CREDIT FOR WIDOW’S

7 AND WIDOWER’S BENEFITS.—

8 (1) IN GENERAL.—Section 202(w)(1) of the So9 cial Security Act (42 U.S.C. 402(w)(1)) is amend10 ed—
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1 (A) in paragraph (1) by striking ‘‘old-age

2 insurance benefit’’ and inserting ‘‘old-age, wid3 ow’s, or widower’s insurance benefit’’;

4 (B) in paragraph (2), by striking ‘‘the

5 number of increment months for any individ6 ual’’ in the matter preceding subparagraph (A)

7 and inserting ‘‘the number of increment months

8 for any individual to whom an old-age, widow’s,

9 or widower’s insurance benefit is payable as de10 scribed in paragraph (1)’’; and

11 (C) by striking paragraph (2)(B) and in12 serting the following:

13 ‘‘(B) with respect to which—

14 ‘‘(i) in the case of an individual to

15 whom an old-age insurance benefit is pay16 able, such individual was a fully insured

17 individual (as defined in section 214(a))

18 and either was not entitled to such a bene19 fit or suffered deductions under section

20 203(b) or 203(c) in amounts equal to the

21 amount of such benefit, and

22 ‘‘(ii) in the case of an individual to

23 whom a widow’s or widower’s insurance

24 benefit is payable, such individual satisfied

25 subparagraphs (A), (B), and (D) of sub-
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1 section (e)(1) or (f)(1) and either was not

2 entitled to such a benefit or suffered de3 ductions under section 203(b) or 203(c) in

4 amounts equal to the amount of such bene5 fit.’’.

6 (2) CONFORMING AMENDMENTS TO SECTION

7 202(w).—

8 (A) Section 202(w)(3) of such Act (42

9 U.S.C. 402(w)(3)) is amended by striking ‘‘old10 age’’ each place it appears and inserting ‘‘old11 age, widow’s, or widower’s’’.

12 (B) Section 202(w)(5) of such Act (42

13 U.S.C. 402(w)(5)) is amended—

14 (i) by striking ‘‘If an individual’s pri15 mary insurance amount’’ and inserting ‘‘If

16 the primary insurance amount on which an

17 individual’s old-age, widow’s, or widower’s

18 insurance benefit is based’’;

19 (ii) by striking ‘‘old-age’’ each place it

20 appears and inserting ‘‘old-age, widow’s, or

21 widower’s’’; and

22 (iii) by striking ‘‘his primary insur23 ance amount’’ each place it appears and

24 inserting ‘‘the primary insurance amount’’.
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1 (C) Section 202(w)(6) of such Act (42

2 U.S.C. 402(w)(6)) is amended—

3 (i) by striking ‘‘old-age’’ each place it

4 appears and inserting ‘‘old-age, widow’s, or

5 widower’s’’; and

6 (ii) by adding at the end (after and

7 below subparagraph (D)) the following new

8 sentence:

9 ‘‘For purposes of this paragraph, an individual is deemed

10 to become eligible for an old-age insurance benefit on the

11 first day of the month in which such individual attains

12 age 62, and for a widow’s or widower’s insurance benefit

13 on the first day of the month in which such individual

14 attains age 60.’’.

15 (3) OTHER CONFORMING AMENDMENTS.—

16 (A) Section 202(e)(2)(A) of such Act (42

17 U.S.C. 402(e)(2)(A)) is amended by inserting

18 ‘‘and subsection (w)’’ after ‘‘subsection (q)’’.

19 (B) Section 202(f)(3)(A) of such Act (42

20 U.S.C. 402(f)(3)(A)) is amended by inserting

21 ‘‘and subsection (w)’’ after ‘‘subsection (q)’’.

22 (b) TREATMENT OF DELAYED RETIREMENT IN

23 CASES OF SIMULTANEOUS ENTITLEMENT TO OLD-AGE

24 INSURANCE BENEFITS AND WIDOW’S OR WIDOWER’S IN-
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1 SURANCE BENEFITS.—Section 202(w) of the Social Secu2 rity Act (42 U.S.C. 402(w)) is amended—

3 (1) by striking ‘‘The amount’’ in paragraph (1)

4 and inserting ‘‘Subject to paragraph (7), the

5 amount’’; and

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(7) If for any month an individual is entitled (prior

9 to the application of this subsection) both to an old-age

10 insurance benefit and to a widow’s or widower’s insurance

11 benefit, the resulting increase (if any) in the amount of

12 the widow’s or widower’s insurance benefit under para13 graph (1) shall be made (prior to the application of sub14 section (k)(3)(A)) in lieu of any increase in the amount

15 of the old-age insurance benefit under such paragraph, un16 less—

17 ‘‘(A) the amount of such old-age insurance ben18 efit would be greater than the amount of such wid19 ow’s or widower’s insurance benefit after the appli20 cation of paragraph (1) to each such benefit, or

21 ‘‘(B) the increase which would otherwise be

22 made under such paragraph in the amount of such

23 old-age insurance benefit would result (under the

24 language following subparagraph (F) in the first

25 sentence of subsection (e)(1) or (f)(1)) in the termi-
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1 nation of the individual’s entitlement to widow’s or

2 widower’s insurance benefits.’’.

3 SEC. 2. EFFECTIVE DATE.

4 The amendments made by this Act shall apply with

5 respect to widow’s and widower’s insurance benefits

6 (under section 202 (e) and (f) of the Social Security Act)

7 for months after the month in which this Act is enacted.

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