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103D CONGRESS

1ST SESSION H. R. 980

To amend title II of the Social Security Act to require dependency as a

condition of a stepchild’s eligibility for child’s insurance benefits, thereby

preventing an insured individual’s stepchildren from qualifying for such

benefits on the insured individual’s wage record (and thereby reducing

the benefits of the insured individual’s natural children) if the stepchildren are being supported by a natural parent, and to provide for

termination of an individual’s child’s insurance benefits, based on the

work record of a stepparent, upon the remarriage of the child’s natural

parent after such natural parent’s divorce from such stepparent.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Mr. JACOBS 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 require

dependency as a condition of a stepchild’s eligibility for

child’s insurance benefits, thereby preventing an insured

individual’s stepchildren from qualifying for such benefits

on the insured individual’s wage record (and thereby

reducing the benefits of the insured individual’s natural

children) if the stepchildren are being supported by a

natural parent, and to provide for termination of an

individual’s child’s insurance benefits, based on the work

record of a stepparent, upon the remarriage of the child’s
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natural parent after such natural parent’s divorce from

such stepparent.

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

3 SECTION 1. REQUIREMENT OF ACTUAL DEPENDENCY FOR

4 FUTURE ENTITLEMENTS.

5 (a) IN GENERAL.—Section 202(d)(4) of the Social

6 Security Act (42 U.S.C. 402(d)(4)) is amended by striking

7 ‘‘was living with or’’.

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

9 subsection (a) shall apply with respect to benefits based

10 on applications filed after the month in which this Act is

11 enacted.

12 SEC. 2. TERMINATION OF CHILD’S INSURANCE BENEFITS

13 BASED ON WORK RECORD OF STEPPARENT

14 UPON REMARRIAGE OF NATURAL PARENT

15 AFTER DIVORCE FROM STEPPARENT.

16 (a) IN GENERAL.—Section 202(d)(1) of the Social

17 Security Act (42 U.S.C. 402(d)(1)) is amended—

18 (1) by striking ‘‘or’’ at the end of clause (F);

19 (2) by striking the period at the end of clause

20 (G) and inserting ‘‘; or’’; and

21 (3) by inserting after clause (G) the following

22 new clause:

23 ‘‘(H) if the benefits under this subsection are

24 based on the wages and self-employment income of
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1 a stepparent who is divorced from such child’s natu2 ral parent, the month in which such natural parent

3 remarries.’’.

4 (b) EFFECTIVE DATE.—The amendments made by

5 this section shall apply with respect to remarriages occur6 ring after the month in which this Act is enacted.

7 SEC. 3. REQUIREMENTS OF DEPENDENCY IN THE CASE OF

8 EXISTING ENTITLEMENTS.

9 (a) IN GENERAL.—For purposes of subsection (d) of

10 section 202 of the Social Security Act (42 U.S.C. 402(d)),

11 a child shall be deemed as not dependent upon his or her

12 stepfather or stepmother at the time specified in para13 graph (1)(C) of such subsection if—

14 (1) such stepfather or stepmother has been

15 married to such individual’s natural parent for less

16 than the preceding one-year period, and

17 (2) such stepfather or stepmother has made no

18 substantial contribution to the support of such indi19 vidual during the preceding one-year period.

20 (b) EFFECTIVE DATE.—Subsection (a) shall apply

21 with respect to benefits under section 202(d) of the Social

22 Security Act for months after the date of the enactment

23 of this Act, but only if the application for such benefits

24 was filed in or before the month in which this Act is en25 acted.
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