II 

118TH CONGRESS 

1ST SESSION S. 2741 

To amend title II of the Social Security Act to increase survivors benefits 

for disabled widows, widowers, and surviving divorced spouses, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2023 

Mr. CASEY (for himself, Mr. BLUMENTHAL, Ms. KLOBUCHAR, Ms. STABENOW, Mrs. MURRAY, and Mr. SANDERS) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act to increase 

survivors benefits for disabled widows, widowers, and 

surviving divorced spouses, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surviving Widow(er) 

5 Income Fair Treatment Act of 2023’’ or the ‘‘SWIFT 

6 Act’’. 


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1 SEC. 2. ELIGIBILITY FOR UNREDUCED SURVIVORS BENE2 FITS FOR WIDOWS, WIDOWERS, AND SUR3 VIVING DIVORCED SPOUSES WITH DISABIL4 ITIES AT ANY AGE. 

5 (a) IN GENERAL.—Section 202 of the Social Security 

6 Act (42 U.S.C. 402) is amended— 

7 (1) in subsection (e)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (B)(ii)— 

10 (I) by striking ‘‘has attained age 

11 50 but has not attained age 60 and’’; 

12 and 

13 (II) by striking ‘‘which began be14 fore the end of the period specified in 

15 paragraph (4)’’; and 

16 (ii) in subparagraph (F)(ii), by strik17 ing ‘‘(I) in the period specified in para18 graph (4) and (II)’’; 

19 (B) by amending paragraph (3) to read as 

20 follows: 

21 ‘‘(3) For purposes of paragraph (1), if a widow 

22 or surviving divorced wife marries after the first 

23 month in which she satisfies subparagraphs (A) and 

24 (B) of such paragraph, such marriage shall be 

25 deemed not to have occurred.’’; 

26 (C) by striking paragraph (4); and 


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1 (D) in paragraph (5)(A), by amending 

2 clause (ii) to read as follows: 

3 ‘‘(ii) which begins not earlier than the first 

4 day of the seventeenth month before the month 

5 in which her application is filed.’’; and 

6 (2) in subsection (f)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (B)(ii)— 

9 (I) by striking ‘‘has attained age 

10 50 but has not attained age 60 and’’; 

11 and 

12 (II) by striking ‘‘which began be13 fore the end of the period specified in 

14 paragraph (4)’’; and 

15 (ii) in subparagraph (F)(ii), by strik16 ing ‘‘(I) in the period specified in para17 graph (4) and (II)’’; 

18 (B) by amending paragraph (3) to read as 

19 follows: 

20 ‘‘(3) For purposes of paragraph (1), if a wid21 ower or surviving divorced husband marries after the 

22 first month in which he satisfies subparagraphs (A) 

23 and (B) of such paragraph, such marriage shall be 

24 deemed not to have occurred.’’; 

25 (C) by striking paragraph (4); and 


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1 (D) in paragraph (5)(A), by amending 

2 clause (ii) to read as follows: 

3 ‘‘(ii) which begins not earlier than the first 

4 day of the seventeenth month before the month 

5 in which his application is filed.’’. 

6 (b) ELIMINATION OF REDUCTION OF BENEFIT

7 AMOUNTS FOR BENEFITS CLAIMED BY WIDOWS, WID8 OWERS, AND SURVIVING DIVORCED SPOUSES WITH DIS9 ABILITIES BEFORE RETIREMENT AGE.—Section 202(q) 

10 of the Social Security Act (42 U.S.C. 402(q)) is amend11 ed— 

12 (1) in paragraph (3)(A), by striking ‘‘and has 

13 attained age 62’’ and all that follows through ‘‘wid14 ower’s insurance benefit)’’ and inserting ‘‘and, in the 

15 case of a wife’s or husband’s insurance benefit, has 

16 attained age 62’’; 

17 (2) in paragraph (5), by adding at the end the 

18 following new subparagraph: 

19 ‘‘(E) No widow’s or widower’s insurance benefit shall 

20 be reduced under this subsection for any month during 

21 which the individual entitled to such benefit is entitled to 

22 the benefit on the basis of paragraph (1)(B)(ii) of sub23 section (e) (in the case of a widow’s insurance benefit) 

24 or paragraph (1)(B)(ii) of subsection (f) (in the case of 

25 a widower’s insurance benefit).’’; and 


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1 (3) in paragraph (7)— 

2 (A) in subparagraph (E), by striking ‘‘ben3 efits, and’’ and inserting ‘‘benefits,’’; 

4 (B) in subparagraph (F), by striking the 

5 period at the end and inserting ‘‘, and’’; and 

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

7 subparagraph: 

8 ‘‘(G) in the case of a widow’s or widower’s in9 surance benefit— 

10 ‘‘(i) any month in which there was no re11 duction to the benefit under this subsection 

12 pursuant to paragraph (5)(E); and 

13 ‘‘(ii) any month in which there would have 

14 been no reduction to the benefit under this sub15 section pursuant to paragraph (5)(E) if such 

16 paragraph had been in effect for such month.’’. 

17 (c) TECHNICAL AMENDMENTS.—Section 202 of the 

18 Social Security Act (42 U.S.C. 402) is amended— 

19 (1) in subsection (e)— 

20 (A) by redesignating paragraphs (5) 

21 through (8) as paragraphs (4) through (7); and 

22 (B) in paragraph (1)(F)(i), by striking 

23 ‘‘(as defined in paragraph (5))’’ and inserting 

24 ‘‘(as defined in paragraph (4))’’; and 

25 (2) in subsection (f)— 


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1 (A) by redesignating paragraphs (5) 

2 through (8) as paragraphs (4) through (7); and 

3 (B) in paragraph (1)(F)(i), by striking 

4 ‘‘(as defined in paragraph (5))’’ and inserting 

5 ‘‘(as defined in paragraph (4))’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on January 1, 2025, and shall 

8 apply to determinations of eligibility for, and the amount 

9 of, widow’s and widower’s insurance benefits payable on 

10 or after such date. 

11 SEC. 3. INCREASE IN CHILD’S AGE LIMIT FOR CHILD-IN12 CARE BENEFITS. 

13 (a) IN GENERAL.—Section 202(s)(1) of the Social 

14 Security Act (42 U.S.C. 402(s)(1)) is amended by striking 

15 ‘‘age of 16’’ and inserting ‘‘age of 18 (or, in the case of 

16 a child who is a full-time elementary or secondary school 

17 student, 19)’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall take effect on January 1, 2025, and shall 

20 apply to determinations of eligibility for, and the amount 

21 of, benefits payable on or after such date. 


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1 SEC. 4. MODIFICATION OF BENEFIT LIMIT FOR WIDOWS, 

2 WIDOWERS, AND SURVIVING DIVORCED 

3 SPOUSES; INCREASE IN BENEFIT AMOUNT 

4 FOR DELAY IN CLAIMING BENEFITS. 

5 (a) IN GENERAL.—Section 202 of the Social Security 

6 Act (42 U.S.C. 402), as amended by section 2, is further 

7 amended— 

8 (1) in subsection (e)(2)— 

9 (A) in subparagraph (A), by inserting 

10 ‘‘subsection (aa), subsection (bb)’’ after ‘‘sub11 section (q),’’; and 

12 (B) by amending subparagraph (D) to 

13 read as follows: 

14 ‘‘(D) Subject to subsections (aa) and (bb), if the de15 ceased individual (on the basis of whose wages and self16 employment income a widow or surviving divorced wife is 

17 entitled to widow’s insurance benefits under this sub18 section) was, at any time, entitled to an old-age insurance 

19 benefit which was reduced by reason of the application of 

20 subsection (q), the widow’s insurance benefit of such 

21 widow or surviving divorced wife for any month shall not 

22 exceed the greater of— 

23 ‘‘(i) amount of the old-age insurance benefit to 

24 which such deceased individual would have been en25 titled (after application of subsection (q)) for such 

26 month if such individual were still living and section 


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1 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, 

2 where applicable; and 

‘‘(ii) 821 3 ⁄2 percent of the primary insurance 

4 amount (as determined without regard to subpara5 graph (C)) of such deceased individual.’’; 

6 (2) in subsection (f)(2)— 

7 (A) in subparagraph (A), by inserting 

8 ‘‘subsection (aa), subsection (bb),’’ after ‘‘sub9 section (q),’’; and 

10 (B) by amending subparagraph (D) to 

11 read as follows: 

12 ‘‘(D) Subject to subsections (aa) and (bb), if the de13 ceased individual (on the basis of whose wages and self14 employment income a widower or surviving divorced hus15 band is entitled to widower’s insurance benefits under this 

16 subsection) was, at any time, entitled to an old-age insur17 ance benefit which was reduced by reason of the applica18 tion of subsection (q), the widower’s insurance benefit of 

19 such widower or surviving divorced husband for any month 

20 shall not exceed the greater of— 

21 ‘‘(i) amount of the old-age insurance benefit to 

22 which such deceased individual would have been en23 titled (after application of subsection (q)) for such 

24 month if such individual were still living and section 


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1 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, 

2 where applicable; and 

‘‘(ii) 821 3 ⁄2 percent of the primary insurance 

4 amount (as determined without regard to subpara5 graph (C)) of such deceased individual.’’; and 

6 (3) by adding at the end the following new sub7 sections: 

8 ‘‘Increase Over Retirement Insurance Benefit Limit of 

9 Widow’s and Widower’s Insurance Benefit Amounts 

10 on Account of Delayed Receipt of Benefit 

11 ‘‘(aa)(1) Subject to paragraph (6), the amount of a 

12 widow’s or widower’s insurance benefit (other than a ben13 efit based on a primary insurance amount determined 

14 under section 215(a)(3) as in effect in December 1978 or 

15 section 215(a)(1)(C)(i) as in effect thereafter) which is 

16 payable without regard to this subsection to an individual 

17 who is described in paragraph (7) for a month shall be 

18 increased by— 

19 ‘‘(A) the applicable percentage (as determined 

20 for the individual under paragraph (5)) of such 

21 amount, multiplied by 

22 ‘‘(B) the number (if any) of the increment 

23 months for such individual. 

24 ‘‘(2) For purposes of this subsection, the number of 

25 increment months for any individual shall be a number 


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1 equal to the total number of months beginning on or after 

2 January 1, 2025, during which— 

3 ‘‘(A) the individual— 

4 ‘‘(i) would have been entitled to a widow’s 

5 or widower’s insurance benefit except that the 

6 individual had not filed an application for such 

7 benefit; or 

8 ‘‘(ii) was entitled to a widow’s or widower’s 

9 insurance benefit that the individual did not re10 ceive pursuant to a request under section 

11 202(z) that such benefit not be paid; 

12 ‘‘(B) the individual had attained early retire13 ment age (as defined in section 216(l)(2)); and 

14 ‘‘(C) the individual was not under a penalty im15 posed under section 1129A. 

16 ‘‘(3) For purposes of paragraph (1), a determination 

17 of the total number of increment months for an individual 

18 shall be made each time the individual becomes entitled 

19 or re-entitled to a widow’s or widower’s insurance benefit 

20 or begins receiving such a benefit after a period during 

21 which the individual did not receive the benefit pursuant 

22 to a request under section 202(z) that such benefit not 

23 be paid. 

24 ‘‘(4) This subsection shall be applied to a widow’s or 

25 widower’s insurance benefit before any reduction under 


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1 this title except for the reduction under subparagraph (D) 

2 of subsection (e)(2) or (f)(2) of section 202 (as applica3 ble). 

4 ‘‘(5) For purposes of paragraph (1)(A), the applica5 ble percentage for an individual is a percentage equal to— 

6 ‘‘(A) 28.5; divided by 

7 ‘‘(B) the number of months between the month 

8 in which the individual attains early retirement age 

9 (as defined in section 216(l)(2)) and the month in 

10 which the individual attains retirement age (as de11 fined in section 216(l)(1)). 

12 ‘‘(6) In no case shall the amount of a widow or wid13 ower’s insurance benefit be increased under this sub14 section to an amount that exceeds the higher of— 

15 ‘‘(A) the primary insurance amount of the de16 ceased individual on whose wages and self-employ17 ment income the widow’s or widower’s insurance 

18 benefit is based; or 

19 ‘‘(B) the amount of the old-age insurance ben20 efit to which such deceased individual would have 

21 been entitled (after application of subsection (q) 

22 and, where applicable, subsection (w)) for such 

23 month if such individual were still living and section 

24 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, 

25 where applicable. 


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1 ‘‘(7) An individual described in this section is an indi2 vidual who is entitled to a widow’s or widower’s insurance 

3 benefit that is subject to reduction under subparagraph 

4 (D) of subsection (e)(2) or (f)(2) of section 202 (as appli5 cable). 

6 ‘‘Increase in Widow’s and Widower’s Insurance Benefit 

7 Amounts on Account of Delayed Receipt of Benefit 

8 ‘‘(bb)(1) Subject to paragraph (6), the amount of a 

9 widow’s or widower’s insurance benefit (other than a ben10 efit based on a primary insurance amount determined 

11 under section 215(a)(3) as in effect in December 1978 or 

12 section 215(a)(1)(C)(i) as in effect thereafter) which is 

13 payable without regard to this subsection to an individual 

14 for a month shall be increased by— 

15 ‘‘(A) the applicable percentage (as determined 

16 for the individual under paragraph (5)) of such 

17 amount, multiplied by 

18 ‘‘(B) the number (if any) of the increment 

19 months for such individual. 

20 ‘‘(2) For purposes of this subsection, the number of 

21 increment months for any individual shall be a number 

22 equal to the total number of months beginning on or after 

23 January 1, 2025, during which— 

24 ‘‘(A) the individual— 


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1 ‘‘(i) would have been entitled to a widow’s 

2 or widower’s insurance benefit except that the 

3 individual had not filed an application for such 

4 benefit; or 

5 ‘‘(ii) was entitled to a widow’s or widower’s 

6 insurance benefit that the individual did not re7 ceive pursuant to a request under section 

8 202(z) that such benefit not be paid; 

9 ‘‘(B) the individual had attained retirement age 

10 (as defined in section 216(l)(1)); 

11 ‘‘(C) the individual was not under a penalty im12 posed under section 1129A; and 

13 ‘‘(D) the individual— 

14 ‘‘(i) is not an individual described in sub15 section (aa)(7); or 

16 ‘‘(ii) is an individual— 

17 ‘‘(I) who is described in subsection 

18 (aa)(7); and 

19 ‘‘(II) who, if the individual were enti20 tled to and did receive a widower’s or wid21 ower’s insurance benefit for the month, 

22 would receive a benefit that would be in23 creased under subsection (aa) to the max24 imum amount permissible under paragraph 

25 (6) of such subsection. 


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1 ‘‘(3) For purposes of paragraph (1), a determination 

2 of the total number of increment months for an individual 

3 shall be made each time the individual becomes entitled 

4 or re-entitled to a widow’s or widower’s insurance benefit 

5 or begins receiving such a benefit after a period during 

6 which the individual did not receive the benefit pursuant 

7 to a request under section 202(z) that such benefit not 

8 be paid. 

9 ‘‘(4) This subsection shall be applied to a widow’s or 

10 widower’s insurance benefit— 

11 ‘‘(A) after application of subsections (e)(2)(C), 

12 (f)(2)(C), and (aa) (as applicable); and 

13 ‘‘(B) before any other reduction under this title. 

14 ‘‘(5) For purposes of paragraph (1)(A), the applica15 ble percentage for an individual is— 

‘‘(A) 1 16 ⁄12 of 1 percent in the case of an indi17 vidual who attains early retirement age in any cal18 endar year before 1979; 

‘‘(B) 1 19 ⁄4 of 1 percent in the case of an indi20 vidual who attains early retirement age in any cal21 endar year after 1978 and before 1987; 

22 ‘‘(C) in the case of an individual who attains 

23 early retirement age in a calendar year after 1986 

24 and before 2005, a percentage equal to the applica25 ble percentage in effect under this subparagraph for 


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1 persons who attain early retirement age in the pre2 ceding calendar year (as increased pursuant to this 

clause), plus 1 3 ⁄24 of 1 percent if the calendar year 

4 in which the individual involved attains early retire5 ment age is not evenly divisible by 2; and 

‘‘(D) 2 6 ⁄3 of 1 percent in the case of an indi7 vidual who attains early retirement age in a calendar 

8 year after 2004. 

9 ‘‘(6) In no case shall the amount of a widow or wid10 ower’s insurance benefit be increased under this sub11 section to an amount that exceeds the maximum amount 

12 to which the old age insurance benefit (as determined 

13 without regard to subsection (w)) of the individual on 

14 whose wages and self-employment income the widow’s or 

15 widower’s insurance benefit is based could have been in16 creased under subsection (w).’’. 

17 (b) CONFORMING AMENDMENT.—Section 

18 202(z)(1)(A) of the Social Security Act (42 U.S.C. 

19 402(z)(1)(A)) is amended— 

20 (1) in the matter preceding clause (i), by insert21 ing ‘‘and any individual who is entitled to widow’s 

22 or widower’s insurance benefits at any age’’ before 

23 ‘‘may request that’’; and 

24 (2) in clause (ii), by inserting ‘‘, or, in the case 

25 of an individual entitled to a widow’s or widower’s 


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1 insurance benefit, the first month in which, if the in2 dividual filed an application for such benefit or re3 quested that such benefit be resumed in such month, 

4 the amount of such benefit would be equal to the 

5 maximum amount permissible under subsection 

6 (aa)(7)’’ before the period. 

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

8 this section shall take effect on January 1, 2025, and shall 

9 apply to the determination of the amount of widow’s and 

10 widower’s insurance benefits payable on or after such 

11 date. 

12 SEC. 5. HOLDING CURRENT BENEFICIARIES HARMLESS. 

13 (a) IN GENERAL.—In the case of an individual who 

14 is receiving benefits or assistance under any Federal pro15 gram or under any State or local program financed in 

16 whole or in part with Federal funds as of the date on 

17 which the amendments made by this Act take effect, the 

18 amount of any additional income that is attributable to 

19 an increase in benefits under title II of the Social Security 

20 Act (42 U.S.C. 401 et seq.) or to new eligibility for bene21 fits under such title that results from the amendments 

22 made by this Act shall be disregarded for the purpose of 

23 determining such individual’s continued eligibility for, and 

24 amount of, benefits or assistance under such Federal, 

25 State, or local program. 


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1 (b) LIMITATION.—In the case of an individual de2 scribed in subsection (a) who, after the date on which the 

3 amendments made by this Act take effect, ceases to be 

4 eligible for benefits or assistance under a Federal, State, 

5 or local program described in such subsection, such sub6 section shall not apply to such individual for purposes of 

7 such program beginning on the date that such individual 

8 ceases to be so eligible. 

9 SEC. 6. PROVISION OF INFORMATION TO WIDOWS, WID10 OWERS, AND SURVIVING DIVORCED SPOUSES. 

11 (a) IN GENERAL.—Not later than January 1, 2025, 

12 the Commissioner of Social Security shall publish a book13 let containing information related to benefits available 

14 under title II of the Social Security Act to widows, wid15 owers, and surviving divorced spouses, including informa16 tion on— 

17 (1) how old-age insurance benefits and sur18 vivors insurance benefits interact with each other; 

19 (2) how to claim benefits, and how the timing 

20 of claiming benefits can impact benefit amounts; 

21 (3) the lump sum death benefit; and 

22 (4) how to contact the Social Security Adminis23 tration for additional information. 

24 (b) PROVISION OF BOOKLET TO WIDOWS, WID25 OWERS, AND SURVIVING DIVORCED SPOUSES.—In the 


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1 case of any individual who dies on or after January 1, 

2 2025, the Commissioner of Social Security shall, not later 

3 than 30 days after the Social Security Administration is 

4 informed of the death of such individual, mail a copy of 

5 the booklet described in subsection (a) to each widow, wid6 ower, or surviving divorced spouse of the individual who 

7 is known to the Social Security Administration (based on 

8 the records of the Social Security Administration). 

Æ 


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