I 

114TH CONGRESS 

2D SESSION H. R. 5892 

To amend title II of the Social Security Act to improve social security 

benefits for widows and widowers in two-income households. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2016 

Ms. LINDA T. SA ́NCHEZ of California 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 improve 

social security benefits for widows and widowers in twoincome households. 

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

3 SECTION 1. IMPROVING SOCIAL SECURITY BENEFITS FOR 

4 WIDOWS AND WIDOWERS IN TWO-INCOME 

5 HOUSEHOLDS. 

6 (a) IN GENERAL.— 

7 (1) WIDOWS.—Section 202(e) of the Social Se8 curity Act (42 U.S.C. 402(e)) is amended— 

9 (A) in paragraph (1)— 


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1 (i) in subparagraph (B), by inserting 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C)(iii), by strik4 ing ‘‘and’’ at the end; 

5 (iii) by striking subparagraph (D); 

6 (iv) by redesignating subparagraphs 

7 (E) and (F) as subparagraphs (D) and 

8 (E), respectively; and 

9 (v) in the flush matter following sub10 paragraph (E)(ii), as so redesignated, by 

11 striking ‘‘or becomes entitled to an old-age 

12 insurance benefit’’ and all that follows 

13 through ‘‘such deceased individual,’’; 

14 (B) by striking subparagraph (A) in para15 graph (2) and inserting the following: 

16 ‘‘(2)(A) Except as provided in subsection 

17 (k)(5), subsection (q), and subparagraph (D) of this 

18 paragraph, such widow’s insurance benefit for each 

19 month shall be equal to the greater of— 

20 ‘‘(i) subject to paragraph (9), the pri21 mary insurance amount (as determined for 

22 purposes of this subsection after applica23 tion of subparagraphs (B) and (C)) of such 

24 deceased individual; or 


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1 ‘‘(ii) subject to paragraphs (9) and 

2 (10), in the case of a fully insured widow 

3 or surviving divorced wife, 75 percent of 

4 the sum of any old-age or disability insur5 ance benefit for which the widow or the 

6 surviving divorced wife is entitled for such 

7 month and the primary insurance amount 

8 (as determined for purposes of this sub9 section after application of subparagraphs 

10 (B) and (C)) of such deceased individual.’’; 

11 (C) in paragraph (5)— 

12 (i) in subparagraph (A), by striking 

13 ‘‘paragraph (1)(F)’’ and inserting ‘‘para14 graph (1)(E)’’; and 

15 (ii) in subparagraph (B), by striking 

16 ‘‘paragraph (1)(F)(i)’’ and inserting 

17 ‘‘paragraph (1)(E)(i)’’; and 

18 (D) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(9) For purposes of clauses (i) and (ii) of 

21 paragraph (2)(A), in the case of a surviving divorced 

22 wife, the amount determined under either such 

23 clause (and, for purposes of clause (ii) of paragraph 

24 (2)(A), as determined after application of paragraph 

25 (10)) shall be equal to the applicable percentage (as 


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1 determined under section 202(b)(2)(B)) of such 

2 amount (as determined before application of this 

3 paragraph but after application of subsection 

4 (k)(3)). 

5 ‘‘(10) For purposes of paragraph (2)(A)(ii), the 

6 amount determined under such paragraph shall not 

7 exceed the primary insurance amount for such 

8 month of a hypothetical individual— 

9 ‘‘(A) who became entitled to old-age insur10 ance benefits upon attaining early retirement 

11 age during the month in which the deceased in12 dividual referred to in paragraph (1) became 

13 entitled to old-age or disability insurance bene14 fits, or died (before becoming entitled to such 

15 benefits); and 

16 ‘‘(B) to whom wages and self-employment 

17 income were credited in each of such hypo18 thetical individual’s elapsed years (within the 

19 meaning of section 215(b)(2)(B)(iii)) in an 

20 amount equal to the national average wage 

21 index (as described in section 209(k)(1)) for 

22 each such year.’’. 

23 (2) WIDOWERS.—Section 202(f) of the Social 

24 Security Act (42 U.S.C. 402(f)) is amended— 

25 (A) in paragraph (1)— 


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1 (i) in subparagraph (B), by inserting 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C)(iii), by strik4 ing ‘‘and’’ at the end; 

5 (iii) by striking subparagraph (D); 

6 (iv) by redesignating subparagraphs 

7 (E) and (F) as subparagraphs (D) and 

8 (E), respectively; and 

9 (v) in the flush matter following sub10 paragraph (E)(ii), as so redesignated, by 

11 striking ‘‘or becomes entitled to an old-age 

12 insurance benefit’’ and all that follows 

13 through ‘‘such deceased individual,’’; 

14 (B) by striking subparagraph (A) in para15 graph (2) and inserting the following: 

16 ‘‘(2)(A) Except as provided in subsection 

17 (k)(5), subsection (q), and subparagraph (D) of this 

18 paragraph, such widower’s insurance benefit for 

19 each month shall be equal to the greater of— 

20 ‘‘(i) subject to paragraph (9), the pri21 mary insurance amount (as determined for 

22 purposes of this subsection after applica23 tion of subparagraphs (B) and (C)) of such 

24 deceased individual; or 


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1 ‘‘(ii) subject to paragraphs (9) and 

2 (10), in the case of a fully insured widower 

3 or surviving divorced husband, 75 percent 

4 of the sum of any old-age or disability in5 surance benefit for which the widower or 

6 the surviving divorced husband is entitled 

7 for such month and the primary insurance 

8 amount (as determined for purposes of this 

9 subsection after application of subpara10 graphs (B) and (C)) of such deceased indi11 vidual.’’; 

12 (C) in paragraph (5)— 

13 (i) in subparagraph (A), by striking 

14 ‘‘paragraph (1)(F)’’ and inserting ‘‘para15 graph (1)(E)’’; and 

16 (ii) in subparagraph (B), by striking 

17 ‘‘paragraph (1)(F)(i)’’ and inserting 

18 ‘‘paragraph (1)(E)(i)’’; and 

19 (D) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(9) For purposes of clauses (i) and (ii) of 

22 paragraph (2)(A), in the case of a surviving divorced 

23 husband, the amount determined under either such 

24 clause (and, for purposes of clause (ii) of paragraph 

25 (2)(A), as determined after application of paragraph 


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1 (10)) shall be equal to the applicable percentage (as 

2 determined under section 202(c)(2)(B)) of such 

3 amount (as determined before application of this 

4 paragraph but after application of subsection 

5 (k)(3)). 

6 ‘‘(10) For purposes of paragraph (2)(A)(ii), the 

7 amount determined under such paragraph shall not 

8 exceed the primary insurance amount for such 

9 month of a hypothetical individual— 

10 ‘‘(A) who became entitled to old-age insur11 ance benefits upon attaining early retirement 

12 age during the month in which the deceased in13 dividual referred to in paragraph (1) became 

14 entitled to old-age or disability insurance bene15 fits, or died (before becoming entitled to such 

16 benefits); and 

17 ‘‘(B) to whom wages and self-employment 

18 income were credited in each of such hypo19 thetical individual’s elapsed years (within the 

20 meaning of section 215(b)(2)(B)(iii)) in an 

21 amount equal to the national average wage 

22 index (as described in section 209(k)(1)) for 

23 each such year.’’. 

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

25 this section shall apply with respect to widow’s and widVerDate Sep 11 2014 23:34 Aug 01, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5892.IH H5892

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1 ower’s insurance benefits payable for months after Decem2 ber 2016. 

Æ 


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