I 

109TH CONGRESS 

2D SESSION H. R. 5152 

To provide for entitlement to dependents’ and survivors’ benefits under the 

old-age, survivors, and disability insurance program under title II of 

the Social Security Act based on permanent partnership as well as 

marriage. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2006 

Mr. NADLER (for himself, Ms. BALDWIN, Mr. BERMAN, Mr. CONYERS, Mr. 

CROWLEY, Mr. EMANUEL, Mr. FARR, Mr. FRANK of Massachusetts, Mr. 

GRIJALVA, Mr. KENNEDY of Rhode Island, Mrs. MALONEY, Mr. 

MCDERMOTT, Mr. GEORGE MILLER of California, Mr. RANGEL, Mr. 

STARK, Mr. WAXMAN, and Ms. WOOLSEY) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To provide for entitlement to dependents’ and survivors’ benefits under the old-age, survivors, and disability insurance program under title II of the Social Security Act 

based on permanent partnership as well as marriage. 

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 ‘‘Equal Access to Social 

5 Security Act of 2006’’. 


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1 SEC. 2. DEFINITIONS RELATING TO PERMANENT PARTNER2 SHIP. 

3 (a) IN GENERAL.—Section 216 of the Social Security 

4 Act (42 U.S.C. 416) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘Definitions Relating to Permanent Partnership 

7 ‘‘(m)(1) The term ‘permanent partnership’ means a 

8 committed, intimate relationship between 2 individuals 

9 who have attained 18 years of age, in any case in which— 

10 ‘‘(A) each such individual intends a lifelong 

11 commitment to the other, 

12 ‘‘(B) such individuals are financially inter13 dependent, 

14 ‘‘(C) such individuals are unable to contract 

15 with each other a marriage cognizable under this 

16 title, 

17 ‘‘(D) each such individual is not a first, second, 

18 or third degree blood relation of the other individual, 

19 and 

20 ‘‘(E) each such individual is neither married to, 

21 nor in a relationship described in the preceding pro22 visions of this paragraph with, any third individual. 

23 ‘‘(2) The term ‘permanent partner’ means, in connec24 tion with any other individual (hereinafter referred to as 

25 the ‘other party’), any individual who is in a permanent 


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1 partnership with such other party, but only if such indi2 vidual— 

3 ‘‘(A) is also a parent of such other party’s son 

4 or daughter, 

5 ‘‘(B) was in a permanent partnership with such 

6 other party for a period of not less than one year 

7 immediately preceding the day on which such indi8 vidual’s application is filed, or 

9 ‘‘(C) in the month prior to the month during 

10 which such permanent partnership commenced— 

11 ‘‘(i) was entitled to, or on application 

12 therefor and attainment of age 62 in such prior 

13 month would have been entitled to, benefits 

14 under subsection (b), (c), (e), (f), or (h) of sec15 tion 202, 

16 ‘‘(ii) had attained age 18 and was entitled 

17 to, or on application therefor would have been 

18 entitled to, benefits under subsection (d) of 

19 such section (subject, however, to section 

20 202(s)), or 

21 ‘‘(iii) was entitled to, or upon application 

22 therefor and attainment of the required age (if 

23 any) would have been entitled to, a widow’s, 

24 widower’s, child’s (after attainment of age 18), 


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1 or parent’s insurance annuity under section 2 

2 of the Railroad Retirement Act of 1974. 

3 For purposes of subparagraph (B), an individual shall be 

4 deemed to have been in a permanent partnership with the 

5 other party for a period of one year throughout the month 

6 in which occurs the first anniversary of the commencement 

7 of such permanent partnership. 

8 ‘‘(3)(A) The term ‘surviving permanent partner’ 

9 means, in connection with any other individual (herein10 after in this paragraph referred to as the ‘other party’), 

11 an individual who is the surviving permanent partner of 

12 such other party, but only if— 

13 ‘‘(i) such individual is a parent of such other 

14 party’s son or daughter, 

15 ‘‘(ii) such individual legally adopted such other 

16 party’s son or daughter while such individual was in 

17 a permanent partnership with such other party and 

18 while such son or daughter was under the age of 18, 

19 ‘‘(iii) such other party legally adopted such in20 dividual’s son or daughter while such individual was 

21 in a permanent partnership with such other party 

22 and while such son or daughter was under the age 

23 of 18, 


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1 ‘‘(iv) such individual was in a permanent part2 nership with such other party at the time both of 

3 them legally adopted a child under the age of 18, 

4 ‘‘(v) as of the date of the death of such other 

5 party, such individual had been living with a child 

6 of such other party for a period of at least 1 year 

7 which began before such child attained the age of 

8 18, or such other party had been living with a child 

9 of such individual for at least such 1-year period, 

10 ‘‘(vi) such individual was in a permanent part11 nership with such other party for a period of not 

12 less than 9 months immediately prior to the day on 

13 which such other party died, or 

14 ‘‘(vii) in the month prior to the month in which 

15 the permanent partnership commenced— 

16 ‘‘(I) such individual was entitled to, or on 

17 application therefor and attainment of age 62 

18 in such prior month would have been entitled 

19 to, benefits under subsection (b), (c), (e), (f), or 

20 (h) of section 202, 

21 ‘‘(II) such individual had attained age 18 

22 and was entitled to, or on application therefor 

23 would have been entitled to, benefits under sub24 section (d) of such section (subject, however, to 

25 section 202(s)), or 


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1 ‘‘(III) such individual was entitled to, or 

2 upon application therefor and attainment of the 

3 required age (if any) would have been entitled 

4 to, a widow’s, widower’s, child’s (after attain5 ment of age 18), or parent’s insurance annuity 

6 under section 2 of the Railroad Retirement Act 

7 of 1974. 

8 ‘‘(B) The requirements of subparagraph (A)(vi) in 

9 connection with the surviving permanent partner of such 

10 other party shall be treated as satisfied if— 

11 ‘‘(i) such other party had been married or in a 

12 permanent partnership prior to such other party’s 

13 entry into a permanent partnership with the sur14 viving permanent partner, 

15 ‘‘(ii) the prior wife or prior permanent partner 

16 was institutionalized during such other party’s mar17 riage to the prior wife or permanent partnership 

18 with the prior permanent partner due to mental in19 competence or similar incapacity, 

20 ‘‘(iii) during the period of the institutionaliza21 tion of the prior wife or prior permanent partner, 

22 such other party would have divorced the prior wife 

23 or terminated the permanent partnership with the 

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1 ner, but such other party did not do so because such 

2 divorce or termination would have been unlawful, by 

3 reason of the institutionalization of the prior wife or 

4 prior permanent partner, under the laws of the State 

5 in which such other party was domiciled at the time 

6 (as determined based on evidence satisfactory to the 

7 Commissioner of Social Security), 

8 ‘‘(iv) the prior wife or prior permanent partner 

9 continued to remain institutionalized up to the time 

10 of the death of the prior wife or prior permanent 

11 partner, and 

12 ‘‘(v) such other party entered into a permanent 

13 partnership with the surviving permanent partner 

14 within 60 days after the death of the prior wife or 

15 prior permanent partner. 

16 ‘‘(4) The term ‘former permanent partner’ means, in 

17 connection with any other individual, an individual who 

18 has been in a permanent partnership with such other indi19 vidual, in any case in which either individual who was a 

20 party to such permanent partnership has certified to the 

21 Commissioner, in accordance with regulations issued 

22 under subsection (h)(1)(C)(ii), that such permanent part23 nership has terminated other than by reason of death, but 

24 only if such individuals have been in a permanent partner25 ship for a period of 10 years immediately before the date 


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1 of the termination of the partnership, as determined under 

2 such regulations. For purposes of subparagraph (C) of 

3 subsections (b)(1) and (c)(1) of section 202, a former per4 manent partner in connection with a terminated perma5 nent partnership shall be deemed not to be in such perma6 nent partnership throughout the month in which the per7 manent partnership terminates. 

8 ‘‘(5) The term ‘surviving former permanent partner’ 

9 means, in connection with any other individual, an indi10 vidual— 

11 ‘‘(A) who was in a permanent partnership with 

12 such other individual, in any case in which either in13 dividual who was a party to such permanent part14 nership has certified to the Commissioner, in accord15 ance with regulations issued under subsection 

16 (h)(1)(C)(ii), that such permanent partnership has 

17 terminated other than by reason of death, and 

18 ‘‘(B) who has died, but only if such individuals 

19 had been in a permanent partnership for a period of 

20 10 years immediately before the date of the termi21 nation of the partnership, as determined under such 

22 regulations. 

23 ‘‘(6) The term ‘surviving former permanent partner 

24 parent’ means, in connection with any other individual, an 

25 individual who was in a permanent partnership with such 


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1 other individual, in any case in which either individual who 

2 was a party to such permanent partnership certified to 

3 the Commissioner, in accordance with regulations issued 

4 under subsection (h)(1)(C)(ii), that such permanent part5 nership terminated other than by reason of death, and, 

6 subsequent to such certification, such other individual 

7 died, but only if— 

8 ‘‘(A) the surviving individual is the mother or 

9 father of the son or daughter of the deceased indi10 vidual, 

11 ‘‘(B) the surviving individual legally adopted 

12 the son or daughter of the deceased individual while 

13 both individuals were in the permanent partnership 

14 and while such son or daughter was under the age 

15 of 18, 

16 ‘‘(C) the deceased individual legally adopted the 

17 son or daughter of the surviving individual while 

18 both individuals were in the permanent partnership 

19 and while such son or daughter was under the age 

20 of 18, 

21 ‘‘(D) the surviving individual was in the perma22 nent partnership with the deceased individual at the 

23 time both of them legally adopted a child under the 

24 age of 18, or 


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1 ‘‘(E) as of the date of the death of such the de2 ceased individual, the surviving individual had been 

3 living with a child of the deceased individual for a 

4 period of at least a 1-year which began before such 

5 child attained the age of 18, or the deceased indi6 vidual had been living with a child of the surviving 

7 individual for at least such 1-year period. 

8 ‘‘(i) was entitled to, or on application 

9 therefor and attainment of age 62 in such prior 

10 month would have been entitled to, benefits 

11 under subsection (b), (c), (e), (f), or (h) of sec12 tion 202, 

13 ‘‘(ii) had attained age 18 and was entitled 

14 to, or on application therefor would have been 

15 entitled to, benefits under subsection (d) of 

16 such section (subject, however, to section 

17 202(s)), or 

18 ‘‘(iii) was entitled to, or upon application 

19 therefor and attainment of the required age (if 

20 any) would have been entitled to, a widow’s, 

21 widower’s, child’s (after attainment of age 18), 

22 or parent’s insurance annuity under section 2 

23 of the Railroad Retirement Act of 1974.’’. 

24 (b) CONFORMING AMENDMENT TO DEFINITION OF

25 CHILD.—Section 216(e) of such Act (42 U.S.C. 416(e)) 


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1 is amended by adding at the end the following new sen2 tence: ‘‘For purposes of this title, the child of an individ3 ual’s permanent partner who has not been legally adopted 

4 by such individual shall be treated as a stepchild of such 

5 individual.’’. 

6 SEC. 3. DETERMINATION OF PERMANENT PARTNER STA7 TUS. 

8 Section 216(h)(1) of the Social Security Act (42 

9 U.S.C. 416(h)(1)) is amended— 

10 (1) in subparagraph (B)(iii), by inserting ‘‘or 

11 permanent partnership’’ after ‘‘marriage’’; 

12 (2) in subparagraph (B)(iv), by inserting ‘‘or 

13 previous permanent partnership’’ after ‘‘previous 

14 marriage’’ each place it appears in subclause (I), 

15 and by inserting ‘‘or purported permanent partner16 ship’’ after ‘‘purported marriage’’ in subclause (II); 

17 and 

18 (3) by adding at the end the following new sub19 paragraphs: 

20 ‘‘(C)(i) An applicant is the permanent partner or sur21 viving permanent partner of a fully or currently insured 

22 individual for purposes of this title if the Commissioner 

23 of Social Security finds that such applicant and such in24 sured individual were validly members of a permanent 

25 partnership at the time such applicant files such applicaVerDate Aug 31 2005 22:12 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152

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1 tion or, if such insured individual is dead, at the time he 

2 died. 

3 ‘‘(ii) Any 2 individuals shall not be treated as being 

4 in a permanent partnership with each other unless there 

5 is in effect, in accordance with regulations which shall be 

6 prescribed by the Commissioner, a written certification 

7 made by both such individuals to the Commissioner of the 

8 existence of such permanent partnership. A certification 

9 made to the Commissioner under this clause shall remain 

10 in effect until the earlier of the date of the death of either 

11 such individual or the date of a certification made by both 

12 such individuals, in accordance with such regulations, indi13 cating that such relationship has terminated other than 

14 by reason of death or, if earlier, the date on which the 

15 Commissioner otherwise determines that such permanent 

16 partnership has terminated. 

17 ‘‘(D)(i) In any case where under subparagraph (C) 

18 an applicant is not the permanent partner or surviving 

19 permanent partner of a fully or currently insured indi20 vidual, or where under paragraph (2), (3), (4), or (5) of 

21 subsection (m) such applicant is not the permanent part22 ner, former permanent partner, surviving permanent part23 ner, or surviving former permanent partner of such indi24 vidual, but it is established to the satisfaction of the Com25 missioner of Social Security that such applicant in good 


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1 faith entered into an arrangement with such individual re2 sulting in a purported permanent partnership between 

3 them which, but for a legal impediment not known to the 

4 applicant at the time of the entry into such arrangement, 

5 would have been a valid permanent partnership, then, for 

6 purposes of subparagraph (C) and paragraphs (2), (3), 

7 (4), and (5) of subsection (m), such purported permanent 

8 partnership shall be deemed to be a valid permanent part9 nership. Notwithstanding the preceding sentence, in the 

10 case of any person who would be deemed under the pre11 ceding sentence a permanent partner or surviving perma12 nent partner of the insured individual, such purported per13 manent partnership shall not be deemed to be a valid per14 manent partnership unless the applicant and the insured 

15 individual were living in the same household at the time 

16 of the death of the insured individual or (if the insured 

17 individual is living) at the time the applicant files the ap18 plication. A purported permanent partnership that is 

19 deemed to be a valid permanent partnership by reason of 

20 the preceding sentence shall continue to be deemed a valid 

21 permanent partnership if the insured individual and the 

22 person entitled to benefits as the permanent partner of 

23 the insured individual are no longer living in the same 

24 household at the time of the death of such insured indi25 vidual. 


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1 ‘‘(ii) The provisions of clause (i) shall not apply if 

2 the Commissioner of Social Security determines, on the 

3 basis of information brought to the Commissioner’s atten4 tion, that such applicant entered into such purported per5 manent partnership with such insured individual with 

6 knowledge that it would not be a valid permanent partner7 ship. 

8 ‘‘(iii) The entitlement to a monthly benefit under sub9 section (b) or (c) of section 202, based on the wages and 

10 self-employment income of such insured individual, of a 

11 person who would not be deemed to be a permanent part12 ner of such insured individual but for this subparagraph, 

13 shall end with the month before the month in which such 

14 person enters into a permanent partnership or marriage, 

15 valid without regard to this subparagraph or subpara16 graph (B), with a person other than such insured indi17 vidual. 

18 ‘‘(iv) For purposes of this subparagraph, a legal im19 pediment to the validity of a purported permanent part20 nership includes only an impediment (I) resulting from the 

21 lack of dissolution of a previous marriage or previous per22 manent partnership or otherwise arising out of such pre23 vious marriage or permanent partnership or its dissolu24 tion, or (II) resulting from a defect in the procedure folVerDate Aug 31 2005 22:12 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152

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1 lowed in connection with such purported permanent part2 nership.’’. 

3 SEC. 4. WIFE’S INSURANCE BENEFITS FOR PERMANENT 

4 PARTNERS. 

5 Section 202(b) of the Social Security Act (42 U.S.C. 

6 402(b)) is amended— 

7 (1) in paragraph (1), by striking ‘‘The wife (as 

8 defined in section 216(b)) and every divorced wife 

9 (as defined in section 216(d))’’ and inserting ‘‘The 

10 wife (as defined in section 216(b)), every divorced 

11 wife (as defined in section 216(d), the female perma12 nent partner (as defined in section 216(m)(2)), and 

13 every female former permanent partner (as defined 

14 in section 216(m)(4))’’, and by striking ‘‘such wife 

15 or such divorced wife’’ and inserting ‘‘such wife, 

16 such divorced wife, such permanent partner, or such 

17 former permanent partner’’; 

18 (2) in paragraph (1)(B), by inserting ‘‘or per19 manent partner’’ after ‘‘wife’’; 

20 (3) in paragraph (1)(C), by inserting ‘‘or 

21 former permanent partner’’ after ‘‘divorced wife’’, 

22 and by inserting ‘‘and is not in a permanent part23 nership’’ after ‘‘married’’; 

24 (4) in paragraph (1)(i), by striking ‘‘wife or di25 vorced wife’’ each place it appears and inserting 


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1 ‘‘wife, divorced wife, permanent partner, or former 

2 permanent partner’’; 

3 (5) in paragraph (1)(ii), by striking ‘‘wife or di4 vorced wife’’ each place it appears and inserting 

5 ‘‘wife, divorced wife, permanent partner, or former 

6 permanent partner’’; 

7 (6) in paragraph (1)(G), by inserting ‘‘or per8 manent partner’’ after ‘‘wife’’, by inserting ‘‘or their 

9 permanent partnership has terminated’’ after ‘‘di10 vorced’’, by inserting ‘‘, or in a permanent partner11 ship with,’’ after ‘‘married to’’, and by inserting ‘‘or 

12 termination’’ after ‘‘divorce’’; 

13 (7) in paragraph (1)(H), by inserting ‘‘or a 

14 former permanent partner’’ after ‘‘divorced wife’’, by 

15 striking ‘‘she marries’’ and inserting ‘‘she marries, 

16 or enters into a permanent partnership with,’’; 

17 (8) in paragraph (1)(I), by striking ‘‘wife’’ and 

18 inserting ‘‘wife or permanent partner’’; 

19 (9) in paragraph (2), by striking ‘‘her husband 

20 (or, in the case of a divorced wife, her former hus21 band)’’ and inserting ‘‘the individual referred to in 

22 paragraph (1)’’; 

23 (10) in paragraph (3), by inserting ‘‘or former 

24 permanent partner’’ after ‘‘divorced wife’’, by insert25 ing ‘‘or enters into a permanent partnership’’ after 


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1 ‘‘marries’’, by striking ‘‘such divorced wife’s entitle2 ment’’ and inserting ‘‘the entitlement of such di3 vorced wife or former permanent partner’’, and by 

4 inserting ‘‘or permanent partnership’’ after ‘‘mar5 riage’’; and 

6 (11) in paragraph (4)(A), by inserting ‘‘or 

7 former permanent partner’’ after ‘‘divorced wife’’ 

8 each place it appears. 

9 SEC. 5. HUSBAND’S INSURANCE BENEFITS FOR PERMA10 NENT PARTNERS. 

11 Section 202(c) of the Social Security Act (42 U.S.C. 

12 402(c)) is amended— 

13 (1) in paragraph (1), by striking ‘‘The husband 

14 (as defined in section 216(f)) and every divorced 

15 husband (as defined in section 216(d))’’ and insert16 ing ‘‘The husband (as defined in section 216(f)), 

17 every divorced husband (as defined in section 

18 216(d), the male permanent partner (as defined in 

19 section 216(m)(2)), and every male former perma20 nent partner (as defined in section 216(m)(4))’’, and 

21 by striking ‘‘such husband or such divorced hus22 band’’ and inserting ‘‘such husband, such divorced 

23 husband, such permanent partner, or such former 

24 permanent partner’’; 


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1 (2) in paragraph (1)(B), by inserting ‘‘or per2 manent partner’’ after ‘‘husband’’; 

3 (3) in paragraph (1)(C), by inserting ‘‘or 

4 former permanent partner’’ after ‘‘divorced hus5 band’’, and by inserting ‘‘and is not in a permanent 

6 partnership’’ after ‘‘married’’; 

7 (4) in paragraph (1)(i), by striking ‘‘husband or 

8 divorced husband’’ each place it appears and insert9 ing ‘‘husband, divorced husband, permanent partner, 

10 or former permanent partner’’; 

11 (5) in paragraph (1)(ii), by striking ‘‘husband 

12 or divorced husband’’ each place it appears and in13 serting ‘‘husband, divorced husband, permanent 

14 partner, or former permanent partner’’; 

15 (6) in paragraph (1)(G), by inserting ‘‘or per16 manent partner’’ after ‘‘husband’’, by inserting ‘‘or 

17 their permanent partnership has terminated’’ after 

18 ‘‘divorced’’, by inserting ‘‘, or in a permanent part19 nership with,’’ after ‘‘married to’’, and by inserting 

20 ‘‘or termination’’ after ‘‘divorce’’; 

21 (7) in paragraph (1)(H), by inserting ‘‘or a 

22 former permanent partner’’ after ‘‘divorced hus23 band’’, by striking ‘‘he marries’’ and inserting ‘‘he 

24 marries, or enters into a permanent partnership 

25 with,’’; 


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1 (8) in paragraph (1)(I), by striking ‘‘husband’’ 

2 and inserting ‘‘husband or permanent partner’’; 

3 (9) in paragraph (2), by striking ‘‘his wife (or, 

4 in the case of a divorced husband, his former wife)’’ 

5 and inserting ‘‘the individual referred to in para6 graph (1)’’; 

7 (10) in paragraph (3), by inserting ‘‘or former 

8 permanent partner’’ after ‘‘divorced husband’’, by 

9 inserting ‘‘or enters into a permanent partnership’’ 

10 after ‘‘marries’’, by striking ‘‘such divorced hus11 band’s entitlement’’ and inserting ‘‘the entitlement 

12 of such divorced husband or former permanent part13 ner’’, and by inserting ‘‘or permanent partnership’’ 

14 after ‘‘marriage’’; and 

15 (11) in paragraph (4)(A), by inserting ‘‘or 

16 former permanent partner’’ after ‘‘divorced hus17 band’’ each place it appears. 

18 SEC. 6. WIDOW’S INSURANCE BENEFITS FOR SURVIVING 

19 PERMANENT PARTNERS. 

20 Section 202(e) of the Social Security Act (42 U.S.C. 

21 402(e)) is amended— 

22 (1) in paragraph (1), by striking ‘‘The widow 

23 (as defined in section 216(c)) and every surviving di24 vorced wife (as defined in section 216(d)’’ and in25 serting ‘‘The widow (as defined in section 216(c)), 


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1 the female surviving permanent partner (as defined 

2 in section 216(m)(3)), every surviving divorced wife 

3 (as defined in section 216(d)), and every female sur4 viving former permanent partner (as defined in sec5 tion 216(m)(5))’’, and by striking ‘‘such widow or 

6 such surviving divorced wife’’ and inserting ‘‘such 

7 widow, such surviving permanent partner, such sur8 viving divorced wife, or such surviving former per9 manent partner’’; 

10 (2) in paragraph (1)(A), by inserting ‘‘and is 

11 not in a permanent partnership’’ after ‘‘married’’; 

12 (3) in paragraph (1)(C)(iii), by striking ‘‘moth13 er’s insurance benefits’’ and inserting ‘‘parent’s in14 surance benefits’’; 

15 (4) in paragraph (1)(E), by striking ‘‘she’’ each 

16 place it appears and inserting ‘‘such widow, sur17 viving permanent partner, surviving divorced wife, or 

18 surviving former permanent partner’’; 

19 (5) in paragraph (1)(F), by striking ‘‘she’’ each 

20 place it appears and inserting ‘‘such widow, sur21 viving permanent partner, surviving divorced wife, or 

22 surviving former permanent partner’’, and by strik23 ing ‘‘her waiting period (as defined in paragraph 

24 (5))’’ and inserting ‘‘the waiting period (as defined 

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1 nent partner, surviving divorced wife, or surviving 

2 former permanent partner’’; 

3 (6) in the matter following paragraph (1)(F), 

4 by striking ‘‘she’’ each place it appears and inserting 

5 ‘‘such widow, surviving permanent partner, surviving 

6 divorced wife, or surviving former permanent part7 ner’’, and by striking ‘‘her disability’’ and inserting 

8 ‘‘the disability of such widow, surviving permanent 

9 partner, surviving divorced wife, or surviving former 

10 permanent partner’’; 

11 (7) in paragraph (2)(B)(ii)(II), by striking ‘‘the 

12 widow or surviving divorced wife’’ and inserting ‘‘the 

13 widow, surviving permanent partner, surviving di14 vorced wife, or surviving former permanent part15 ner’’; 

16 (8) in paragraph (2)(D), by striking ‘‘widow or 

17 surviving divorced wife’’ each place it appears and 

18 inserting ‘‘widow, surviving permanent partner, sur19 viving divorced wife, or surviving former permanent 

20 partner’’; 

21 (9) in paragraph (3)(A), by striking ‘‘widow or 

22 surviving divorced wife’’ and inserting ‘‘widow, sur23 viving permanent partner, surviving divorced wife, or 

24 surviving former permanent partner’’, by inserting 

25 ‘‘or enters into a permanent partnership’’ after 


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1 ‘‘marries’’, and by striking ‘‘before such marriage 

2 occurred’’ and inserting ‘‘before such marriage oc3 curred or the commencement of such permanent 

4 partnership’’; 

5 (10) in paragraph (3)(B), by striking ‘‘a dis6 abled widow or disabled surviving divorced wife’’ and 

7 inserting ‘‘a widow, surviving permanent partner, 

8 surviving divorced wife, or surviving former perma9 nent partner who is disabled as’’; 

10 (11) in the matter following subparagraph (B) 

11 in paragraph (3), by inserting ‘‘or permanent part12 nership’’ after ‘‘marriage’’; 

13 (12) in paragraph (4), by striking ‘‘any widow 

14 or surviving divorced wife’’ and inserting ‘‘any 

15 widow, surviving permanent partner, surviving di16 vorced wife, or surviving former permanent part17 ner’’; and 

18 (13) in paragraph (5), by striking ‘‘widow or 

19 surviving divorced wife’’ in subparagraph (A) and in20 serting ‘‘widow, surviving permanent partner, sur21 viving divorced wife, or surviving former permanent 

22 partner’’, and by striking ‘‘widow or surviving di23 vorced wife’’ in subparagraph (B) and inserting 

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1 vorced wife, or surviving former permanent part2 ner’’. 

3 SEC. 7. WIDOWER’S INSURANCE BENEFITS FOR SURVIVING 

4 PERMANENT PARTNERS. 

5 Section 202(f) of the Social Security Act (42 U.S.C. 

6 402(f)) is amended— 

7 (1) in paragraph (1), by striking ‘‘The widower 

8 (as defined in section 216(g) and every surviving di9 vorced husband (as defined in section 216(d)’’ and 

10 inserting ‘‘The widower (as defined in section 

11 216(g)), the male surviving permanent partner (as 

12 defined in section 216(m)(3)), every surviving di13 vorced husband (as defined in section 216(d)), and 

14 every male surviving former permanent partner (as 

15 defined in section 216(m)(5))’’, and by striking 

16 ‘‘such widower or such surviving divorced husband’’ 

17 and inserting ‘‘such widower, such surviving perma18 nent partner, such surviving divorced husband, or 

19 such surviving former permanent partner’’; 

20 (2) in paragraph (1)(A), by inserting ‘‘and is 

21 not in a permanent partnership’’ after ‘‘married’’; 

22 (3) in paragraph (1)(C)(iii), by striking ‘‘fa23 ther’s insurance benefits’’ and inserting ‘‘parent’s 

24 insurance benefits’’; 


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•HR 5152 IH 

1 (4) in paragraph (1)(E), by striking ‘‘he’’ each 

2 place it appears and inserting ‘‘such widower, sur3 viving permanent partner, surviving divorced hus4 band, or surviving former permanent partner’’; 

5 (5) in paragraph (1)(F), by striking ‘‘he’’ each 

6 place it appears and inserting ‘‘such widower, sur7 viving permanent partner, surviving divorced hus8 band, or surviving former permanent partner’’, and 

9 by striking ‘‘his waiting period (as defined in para10 graph (5))’’ and inserting ‘‘the waiting period (as 

11 defined in paragraph (5)) of such widower, surviving 

12 permanent partner, surviving divorced husband, or 

13 surviving former permanent partner’’; 

14 (6) in the matter following paragraph (1)(F), 

15 by striking ‘‘he’’ each place it appears and inserting 

16 ‘‘such widower, surviving permanent partner, sur17 viving divorced husband, or surviving former perma18 nent partner’’, and by striking ‘‘his disability’’ and 

19 inserting ‘‘the disability of such widower, surviving 

20 permanent partner, surviving divorced husband, or 

21 surviving former permanent partner’’; 

22 (7) in paragraph (2)(B)(ii)(II), by striking ‘‘the 

23 widower or surviving divorced husband’’ and insert24 ing ‘‘the widower, surviving permanent partner, surVerDate Aug 31 2005 22:12 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152

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1 viving divorced husband, or surviving former perma2 nent partner’’; 

3 (8) in paragraph (2)(D), by striking ‘‘widower 

4 or surviving divorced husband’’ each place it appears 

5 and inserting ‘‘widower, surviving permanent part6 ner, surviving divorced husband, or surviving former 

7 permanent partner’’; 

8 (9) in paragraph (3)(A), by striking ‘‘widower 

9 or surviving divorced husband’’ and inserting ‘‘wid10 ower, surviving permanent partner, surviving di11 vorced husband, or surviving former permanent 

12 partner’’, by inserting ‘‘or enters into a permanent 

13 partnership’’ after ‘‘marries’’, and by striking ‘‘be14 fore such marriage occurred’’ and inserting ‘‘before 

15 such marriage occurred or the commencement of 

16 such permanent partnership’’; 

17 (10) in paragraph (3)(B), by striking ‘‘a dis18 abled widower or disabled surviving divorced hus19 band’’ and inserting ‘‘a widower, surviving perma20 nent partner, surviving divorced husband, or sur21 viving former permanent partner who is disabled 

22 as’’; 

23 (11) in the matter following subparagraph (B) 

24 in paragraph (3), by inserting ‘‘or permanent part25 nership’’ after ‘‘marriage’’; 


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1 (12) in paragraph (4), by striking ‘‘any widower 

2 or surviving divorced husband’’ and inserting ‘‘any 

3 widower, surviving permanent partner, surviving di4 vorced husband, or surviving former permanent 

5 partner’’; and 

6 (13) in paragraph (5), by striking ‘‘widower or 

7 surviving divorced husband’’ in subparagraph (A) 

8 and inserting ‘‘widower, surviving permanent part9 ner, surviving divorced husband, or surviving former 

10 permanent partner’’, and by striking ‘‘widower or 

11 surviving divorced husband’’ in subparagraph (B) 

12 and inserting ‘‘widower, surviving permanent part13 ner, surviving divorced husband, or surviving former 

14 permanent partner’’. 

15 SEC. 8. MOTHER’S AND FATHER’S INSURANCE BENEFITS 

16 FOR SURVIVING PERMANENT PARTNERS. 

17 Section 202(g) of the Social Security Act (42 U.S.C. 

18 402(g)) is amended— 

19 (1) in paragraph (1), in the matter preceding 

20 subparagraph (A)— 

21 (A) by striking ‘‘The surviving spouse and 

22 every surviving divorced parent (as defined in 

23 section 216(d)’’ and inserting ‘‘The surviving 

24 spouse or surviving permanent partner and 

25 every surviving divorced parent (as defined in 


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1 section 216(d)(7)) or surviving former perma2 nent partner parent (as defined in section 

3 216(m)(6))’’; and 

4 (B) by striking ‘‘such surviving spouse or 

5 surviving divorced parent’’ and inserting ‘‘such 

6 surviving spouse, surviving permanent partner, 

7 surviving divorced parent, or surviving former 

8 permanent partner parent’’; 

9 (2) in paragraph (1)(B), by striking ‘‘surviving 

10 spouse’s insurance benefit’’ and inserting ‘‘widow’s 

11 insurance benefit or widower’s insurance benefit’’; 

12 (3) in paragraph (1)(F), ‘‘or surviving former 

13 permanent partner parent’’ after ‘‘surviving divorced 

14 parent’’; 

15 (4) in the matter in paragraph (1) following 

16 subparagraph (F)— 

17 (A) by striking ‘‘such surviving spouse or 

18 surviving divorced parent’’ and inserting ‘‘such 

19 surviving spouse, surviving permanent partner, 

20 surviving divorced parent, or surviving former 

21 permanent partner parent’’; 

22 (B) by striking ‘‘surviving spouse’s insur23 ance benefit’’ and inserting ‘‘widow’s insurance 

24 benefit or widower’s insurance benefit’’; and 


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1 (C) by inserting ‘‘or surviving former per2 manent partner parent’’ after ‘‘surviving di3 vorced parent’’ each place it appears in the last 

4 sentence; and 

5 (5) in paragraph (3)— 

6 (A) by striking ‘‘surviving spouse or sur7 viving divorced parent’’ and inserting ‘‘surviving 

8 spouse, surviving permanent partner, surviving 

9 divorced parent, or surviving former permanent 

10 partner parent’’; 

11 (B) by inserting ‘‘or enters into a perma12 nent partnership’’ after ‘‘marries’’; 

13 (C) by striking ‘‘such surviving spouse or 

14 surviving divorced parent’’ and inserting ‘‘such 

15 surviving spouse, surviving permanent partner, 

16 surviving divorced parent, or surviving former 

17 permanent partner parent’’; and 

18 (D) by inserting ‘‘or permanent partner19 ship’’ after ‘‘marriage’’. 

20 SEC. 9. LUMP SUM DEATH PAYMENTS FOR SURVIVING PER21 MANENT PARTNERS. 

22 Section 202(i) of the Social Security Act (42 U.S.C. 

23 402(i)) is amended— 


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•HR 5152 IH 

1 (1) in the first sentence, by striking ‘‘widow or 

2 widower’’ and inserting ‘‘widow, widower, or sur3 viving permanent partner’’; and 

4 (2) in paragraph (1), by striking ‘‘widow (as 

5 defined in section 216(c)) or widower (as defined in 

6 section 216(g))’’ and inserting ‘‘widow (as defined in 

7 section 216(c)), widower (as defined in section 

8 216(g)), or surviving permanent partner (as defined 

9 in section 216(m)(3))’’. 

10 SEC. 10. CONFORMING AMENDMENTS. 

11 (a) AMENDMENTS TO THE SOCIAL SECURITY ACT.— 

12 (1) Section 202(j)(4)(B)(i) of such Act (42 

13 U.S.C. 402(j)(4)(B)(i)) is amended— 

14 (A) by striking ‘‘widow, surviving divorced 

15 wife, or widower’’ and inserting ‘‘widow, wid16 ower, surviving permanent partner, surviving 

17 divorced spouse, or surviving former permanent 

18 partner’’; and 

19 (B) by striking ‘‘disabled widow or wid20 ower or disabled surviving divorced wife’’ and 

21 inserting ‘‘disabled widow, widower, or surviving 

22 permanent partner or disabled surviving di23 vorced spouse or surviving former permanent 

24 partner’’. 


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1 (2) Section 202(q)(5)(D) of such Act (42 

2 U.S.C. 402(q)(5)(D)) is amended— 

3 (A) by striking ‘‘a child of his or her de4 ceased spouse (or deceased former spouse)’’ and 

5 inserting ‘‘a child of his or her deceased spouse 

6 or deceased permanent partner (or deceased 

7 former spouse or deceased former permanent 

8 partner)’’; and 

9 (B) by striking ‘‘his or her deceased 

10 spouse’s (or deceased former spouse’s) wages 

11 and self-employment income’’ and inserting 

12 ‘‘the wages and self-employment income of his 

13 or her deceased spouse or deceased permanent 

14 partner (or deceased former spouse or deceased 

15 former permanent partner)’’. 

16 (3) Section 202(t)(11)(B) of such Act (42 

17 U.S.C. 402(t)(11)(B)) is amended— 

18 (A) by striking ‘‘spousal relationship’’ each 

19 place it appears and inserting ‘‘spousal or per20 manent partnership relationship’’; and 

21 (B) by striking ‘‘a wife, a husband, a 

22 widow, a widower, a divorced wife, a divorced 

23 husband, a surviving divorced wife, a surviving 

24 divorced husband, a surviving divorced mother, 

25 a surviving divorced father’’ and inserting ‘‘a 


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•HR 5152 IH 

1 wife, a husband, a permanent partner, a widow, 

2 a widower, a surviving permanent partner, a di3 vorced wife, a divorced husband, a former per4 manent partner, a surviving divorced wife, a 

5 surviving divorced husband, a surviving former 

6 permanent partner, a surviving divorced moth7 er, a surviving divorced father, a surviving 

8 former permanent partner parent’’. 

9 (4) Section 203(a)(3)(C) of such Act (42 

10 U.S.C. 403(a)(3)(C)) is amended by inserting ‘‘or 

11 former permanent partner’’ after ‘‘a divorced 

12 spouse’’ and by inserting ‘‘surviving former perma13 nent partner’’ after ‘‘a surviving divorced spouse’’. 

14 (5) Section 203(a)(3)(D) of such Act (42 

15 U.S.C. 403(a)(3)(D)) is amended— 

16 (A) in clause (i), by inserting ‘‘or perma17 nent partner’’ after ‘‘a spouse’’ and by inserting 

18 ‘‘or surviving permanent partner’’ after ‘‘a sur19 viving spouse’’. 

20 (6) Section 203(b)(2) of such Act (42 U.S.C. 

21 403(b)(2)) is amended— 

22 (A) in subparagraph (A)(i), by inserting 

23 ‘‘or former permanent partner’’ after ‘‘divorced 

24 spouse’’; 


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1 (B) by striking subparagraph (A)(ii) and 

2 inserting the following: 

3 ‘‘(ii)(I) if such person is such a divorced spouse, 

4 such person has been divorced for not less than 2 

5 years, or (II) if such person is such a former perma6 nent partner, the permanent partnership has been 

7 terminated for not less than 2 years,’’; 

8 (C) in the matter in subparagraph (A) fol9 lowing clause (ii), by inserting ‘‘or former per10 manent partner’’ after ‘‘such divorced spouse’’; 

11 and 

12 (D) in subparagraph (B), by inserting ‘‘or 

13 former permanent partner’’ after ‘‘divorced 

14 spouse’’ and by inserting ‘‘or the date of the 

15 termination of the permanent partnership’’ 

16 after ‘‘the date of the divorce’’. 

17 (7) Section 203(c) of such Act (42 U.S.C. 

18 403(c)(3)) is amended— 

19 (A) in paragraph (2), by striking ‘‘wife or 

20 husband’’ and inserting ‘‘wife, husband, or per21 manent partner’’, by striking ‘‘his or her 

22 spouse’’ and inserting ‘‘the insured individual’’, 

23 and by striking ‘‘such spouse’’ and inserting 

24 ‘‘such individual’’; 


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•HR 5152 IH 

1 (B) in paragraph (3), by striking ‘‘widow 

2 or widower’’ and inserting ‘‘widow, widower, or 

3 surviving permanent partner’’, and by inserting 

4 ‘‘or deceased permanent partner’’ after ‘‘de5 ceased spouse’’; 

6 (C) in paragraph (4), by inserting ‘‘or sur7 viving former permanent partner parent’’ after 

8 ‘‘surviving divorced mother or father’’, and by 

9 inserting ‘‘or deceased former permanent part10 ner’’ after ‘‘deceased former spouse’’; and 

11 (D) in the matter following paragraph (4), 

12 by striking ‘‘widow, surviving divorced wife, 

13 widower, or surviving divorced husband’’ and 

14 inserting ‘‘widow, widower, surviving permanent 

15 partner, surviving divorced wife, surviving di16 vorced husband, or surviving former permanent 

17 partner’’. 

18 (8) Section 203(d)(1)(A) of such Act (42 

19 U.S.C. 403(d)(1)(A)) is amended by striking ‘‘a 

20 wife, divorced wife, husband, divorced husband, or 

21 child’’ and inserting ‘‘a wife, husband, permanent 

22 partner, divorced wife, divorced husband, former 

23 permanent partner, or child’’. 

24 (9) Section 203(d)(1)(B) of such Act (42 

25 U.S.C. 403(d)(1)(B)) is amended by inserting ‘‘or 


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1 former permanent partner’’ after ‘‘divorced spouse’’ 

2 each place it appears. 

3 (10) Paragraphs (1) and (7) of section 203(f) 

4 of such Act (42 U.S.C. 403(f)) are amended by in5 serting ‘‘and former permanent partners’’ after ‘‘di6 vorced spouses’’ each place it appears. 

7 (11) Paragraphs (1) and (4) of section 204(d) 

8 of such Act (42 U.S.C. 404(d)) are amended by in9 serting ‘‘or surviving permanent partner’’ after ‘‘sur10 viving spouse’’ each place it appears. 

11 (12) Section 205(b)(1) of such Act (42 U.S.C. 

12 405(b)(1)) is amended by striking ‘‘wife, divorced 

13 wife, widow, surviving divorced wife, surviving di14 vorced mother, surviving divorced father, husband, 

15 divorced husband, widower, surviving divorced hus16 band, child, or parent’’ and inserting ‘‘wife, hus17 band, permanent partner, divorced wife, divorced 

18 husband, former permanent partner, surviving di19 vorced wife, surviving divorced husband, surviving 

20 divorced parent, surviving former permanent partner 

21 parent, child, or parent’’. 

22 (13) Section 205(c)(1)(C) of such Act (42 

23 U.S.C. 205(c)(1)(C)) is amended by striking ‘‘an in24 dividual’s spouse, surviving divorced wife, surviving 

25 divorced husband, surviving divorced mother, surVerDate Aug 31 2005 22:12 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152

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1 viving divorced father, child, or parent’’ and insert2 ing ‘‘an individual’s spouse, permanent partner, sur3 viving divorced wife, surviving divorced husband, 

4 surviving former permanent partner, surviving di5 vorced parent, surviving former permanent partner 

6 parent, child, or parent’’. 

7 (14) Section 205(i) of such Act (42 U.S.C. 

8 405(i)) is amended by striking ‘‘the wife or hus9 band’’ in clause (B) and inserting ‘‘the wife, hus10 band, or permanent partner’’. 

11 (15) Section 205(q)(5) of such Act (42 U.S.C. 

12 405(q)(5)) is amended by striking ‘‘widow or wid13 ower’’ and inserting ‘‘widow, widower, or surviving 

14 permanent partner’’. 

15 (16) Section 208(c) of such Act (42 U.S.C. 

16 408(c)) is amended by inserting ‘‘or permanent part17 ner’’ after ‘‘spouse’’. 

18 (17) Section 209(a)(14)(B) of such Act (42 

19 U.S.C. 409(a)(14)(B)) is amended by striking 

20 ‘‘plans)’’ and inserting ‘‘plans), or which would be 

21 excluded from the gross income of such employee’s 

22 permanent partner if an exclusion under such sec23 tion with respect to a taxpayer’s permanent partner 

24 were allowable under such section’’. 


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1 (18) Section 210(a)(3)(B) of such Act (42 

2 U.S.C. 410(a)(3)(B)) is amended— 

3 (A) by striking ‘‘his spouse or son or 

4 daughter’’ and inserting ‘‘his spouse, perma5 nent partner, son, or daughter’’; and 

6 (B) by striking clause (i) and inserting the 

7 following: 

8 ‘‘(i) the employer is a surviving spouse, a sur9 viving permanent partner, a divorced individual, or 

10 a former permanent partner and has not, since the 

11 death of his or her spouse or permanent partner or 

12 the termination of his or her marriage or permanent 

13 partnership, married or entered into a permanent 

14 partnership, or the employer has a spouse or perma15 nent partner living in the home who has a mental 

16 or physical condition which results in an incapability 

17 of such spouse or permanent partner of caring for 

18 a son, daughter, stepson, or stepdaughter (referred 

19 to in clause (ii)) for at least 4 continuous weeks in 

20 the calendar quarter in which the service is ren21 dered, and’’. 

22 (19) Section 211(a)(5) of such Act (42 U.S.C. 

23 411(a)(5)) is amended— 

24 (A) in subparagraph (A), by inserting ‘‘or 

25 permanent partner (as defined in section 


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•HR 5152 IH 

1 216(m)(2))’’ after ‘‘spouse’’ each place it ap2 pears; and 

3 (B) in subparagraph (B), by inserting 

4 ‘‘business’’ before ‘‘partner’s’’ and ‘‘partner’’ 

5 each place they appear, and by inserting ‘‘or 

6 permanent partner (as so defined)’’ after ‘‘the 

7 spouse’’. 

8 (20) Section 216(c)(2) of such Act (42 U.S.C. 

9 416(c)(2)) is amended— 

10 (A) in subparagraph (A), by inserting ‘‘or 

11 in a permanent partnership’’ after ‘‘married’’; 

12 (B) in subparagraph (B), by inserting ‘‘or 

13 prior permanent partner’’ after ‘‘prior wife’’ the 

14 first place it appears, and by inserting ‘‘or per15 manent partnership with the prior permanent 

16 partner’’ after ‘‘marriage to the prior wife’’; 

17 (C) in subparagraph (C), by striking ‘‘the 

18 prior wife’s institutionalization’’ each place it 

19 appears and inserting ‘‘the institutionalization 

20 of the prior wife or prior permanent partner’’, 

21 by inserting ‘‘or terminated the permanent 

22 partnership with the prior permanent parter’’ 

23 after ‘‘would have divorced the prior wife’’, and 

24 by inserting ‘‘or termination’’ after ‘‘such di25 vorce’’, 


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1 (D) in subparagraph (D), by inserting ‘‘or 

2 prior permanent partner’’ after ‘‘prior wife’’, 

3 and by striking ‘‘her death’’ and inserting ‘‘the 

4 death of such prior wife or prior permanent 

5 partner’’; and 

6 (E) in subparagraph (E), by striking ‘‘the 

7 prior wife’s death’’ and inserting ‘‘the death of 

8 the prior wife or prior permanent partner’’. 

9 (21) Section 216(k) of such Act (42 U.S.C. 

10 416(k)) is amended— 

11 (A) by striking ‘‘subsection (c)(1) or’’ and 

12 inserting ‘‘subsection (c)(1),’’; 

13 (B) by striking ‘‘subsection (g)(1)’’ and in14 serting ‘‘subsection (g)(1), or subparagraph (F) 

15 of subsection (m)(3)’’; 

16 (C) by inserting ‘‘, or the permanent part17 ner surviving an individual,’’ after ‘‘surviving 

18 spouse of an individual’’; 

19 (D) by inserting ‘‘or have been in a perma20 nent partnership with such individual’’ after 

21 ‘‘have been married to such individual’’; 

22 (E) by striking ‘‘widow or widower, and’’ 

23 and inserting ‘‘widow, widower, or surviving 

24 permanent partner,’’; 


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1 (F) by inserting after ‘‘such individual’s 

2 child,’’ the following: ‘‘and the requirement of 

3 subparagraph (E) of subsection (m)(3) that a 

4 child of an individual or such individual’s per5 manent partner have been living with the mem6 ber of the permanent partnership who is not 

7 the child’s parent for not less than 1 year im8 mediately preceding the day on which such indi9 vidual’s permanent partner died in order for 

10 such individual to qualify as the surviving per11 manent partner of the deceased permanent 

12 partner’’; 

13 (G) by striking ‘‘applicable nine-month pe14 riod’’ and inserting ‘‘applicable period’’; 

15 (H) in paragraph (1), by striking ‘‘the 

16 marriage involved’’ and inserting ‘‘the com17 mencement of the marriage or permanent part18 nership involved’’, and by striking ‘‘nine 

19 months’’ and inserting ‘‘the applicable period’’; 

20 (I) in paragraph (2)(A), by inserting ‘‘in 

21 the case of the first requirement referred to in 

22 this subsection,’’ after ‘‘(2)(A)’’, by inserting ‘‘, 

23 or the surviving permanent partner of such in24 dividual had been previously a member of a per25 manent partnership with such individual and 


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1 such permanent partnership had subsequently 

2 been terminated,’’ after ‘‘and subsequently di3 vorced’’, by inserting ‘‘or the termination of 

4 such permanent partnership’’ after ‘‘at the time 

5 of such divorce’’, by inserting ‘‘or previous per6 manent partnership’’ after ‘‘previous marriage’’, 

7 by inserting ‘‘or (in the case of a permanent 

8 partnership) other termination’’ after ‘‘by di9 vorce’’, and by striking ‘‘or’’ at the end; 

10 (J) in paragraph (2)(B), by inserting ‘‘in 

11 the case of the second requirement referred to 

12 in this subsection,’’ after ‘‘(B)’’, by inserting 

13 ‘‘or during a previous permanent partnership 

14 between such stepchild’s parent and such indi15 vidual which ended in the termination of such 

16 permanent partnership,’’ after ‘‘divorce’’ the 

17 first place it appears, by inserting ‘‘or termi18 nation’’ after ‘‘divorce’’ the second place it ap19 pears, by inserting ‘‘or previous permanent 

20 partnership’’ after ‘‘previous marriage’’ the sec21 ond place it appears, by inserting ‘‘or (in the 

22 case of a permanent partnership) other termi23 nation’’ after ‘‘by divorce’’, and by adding ‘‘or’’ 

24 at the end; 


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1 (K) by inserting after paragraph (2)(B) 

2 the following new subparagraph: 

3 ‘‘(C) in the case of the third requirement re4 ferred to in this subsection, the child of either mem5 ber of the permanent partnership had been living 

6 with the other member of such permanent partner7 ship during a previously terminated permanent part8 nership between both such members and such re9 quirement would have been satisfied at the time of 

10 the termination if such previous permanent partner11 ship had been terminated by the death of the de12 ceased permanent partner;’’; and 

13 (L) in the matter in subsection (k) fol14 lowing paragraph (2)(C) (as added by subpara15 graph (K)), by striking ‘‘marriage involved’’ 

16 and inserting ‘‘marriage or permanent partner17 ship involved’’, and by striking ‘‘nine months’’ 

18 and inserting ‘‘the applicable period’’. 

19 (22) Section 225(a) of such Act (42 U.S.C. 

20 425(a)) is amended by striking ‘‘widow or surviving 

21 divorced wife’’ and inserting ‘‘widow, surviving per22 manent partner, surviving divorced wife, or surviving 

23 former permanent partner’’, and by striking ‘‘wid24 ower or surviving divorced husband’’ and inserting 

25 ‘‘widower, surviving permanent partner, surviving diVerDate Aug 31 2005 22:12 Apr 13, 2006 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152

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1 vorced husband, or surviving former permanent 

2 partner’’. 

3 (23) Section 226(b)(2)(A)(iii) of such Act (42 

4 U.S.C. 426(b)(2)(A)(iii)) is amended by inserting 

5 ‘‘(as a surviving spouse or surviving divorced 

6 spouse)’’ after ‘‘section 202(f)’’. 

7 (b) AMENDMENTS TO THE INTERNAL REVENUE

8 CODE OF 1986.— 

9 (1) Section 1402(a)(5) of the Internal Revenue 

10 Code of 1986 (relating to distribution of net earn11 ings from self-employment between spouses) is 

12 amended— 

13 (A) in subparagraph (A), by inserting ‘‘or 

14 permanent partner (as defined in section 

15 216(m)(2) of the Social Security Act)’’ after 

16 ‘‘spouse’’ the first place it appears, and by in17 serting ‘‘or permanent partner’’ after ‘‘spouse’’ 

18 each other place it appears; and 

19 (B) in subparagraph (B), by inserting 

20 ‘‘business’’ before ‘‘partner’s’’ and ‘‘partner’’ 

21 each place they appear, and by inserting ‘‘or 

22 permanent partner (as so defined)’’ after ‘‘the 

23 spouse’’. 

24 (2) Section 3121(a)(17) of such Code (relating 

25 to exclusion from wages of benefits received from 


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1 group legal services plans) is amended by striking 

2 ‘‘plans)’’ and inserting ‘‘plans), or which would be 

3 excluded from the gross income of such employee’s 

4 permanent partner (as defined in section 216(m)(2) 

5 of the Social Security Act) if an exclusion under 

6 such section with respect to a taxpayer’s permanent 

7 partner were allowable under such section’’. 

8 (3) Section 3121(b)(3)(B) of such Code (relat9 ing to exclusion from employment of service in the 

10 employ of mother, father, spouse, son, or daughter) 

11 is amended— 

12 (A) by striking ‘‘his spouse or son or 

13 daughter’’ and inserting ‘‘his spouse, perma14 nent partner, son, or daughter’’; and 

15 (B) by striking clause (i) and inserting the 

16 following: 

17 ‘‘(i) the employer is a surviving spouse, a 

18 surviving permanent partner (as defined in sec19 tion 216(m)(3) of the Social Security Act), a di20 vorced individual, or a former permanent part21 ner (as defined in section 216(m)(4) of such 

22 Act) and has not, since the death of his or her 

23 spouse or permanent partner (as defined in sec24 tion 216(m)(2) of such Act) or the termination 

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1 ship (as defined in section 216(m)(1) of such 

2 Act), married or entered into a permanent part3 nership, or the employer has a spouse or per4 manent partner living in the home who has a 

5 mental or physical condition which results in an 

6 incapability of such spouse or permanent part7 ner of caring for a son, daughter, stepson, or 

8 stepdaughter (referred to in clause (ii)) for at 

9 least 4 continuous weeks in the calendar quar10 ter in which the service is rendered, and’’. 

11 SEC. 11. EFFECTIVE DATE. 

12 The amendments made by this Act shall apply with 

13 respect to benefits for which applications are filed after 

14 1 year after the date of the enactment of this Act. 

Æ 


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