I 

111TH CONGRESS 

1ST SESSION H. R. 770 

To amend title II of the Social Security Act to repeal the 7-year restriction 

on eligibility for widow’s and widower’s insurance benefits based on disability. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2009 

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 repeal the 

7-year restriction on eligibility for widow’s and widower’s 

insurance benefits based on disability. 

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

3 SECTION 1. REPEAL OF 7-YEAR RESTRICTION ON ELIGI4 BILITY FOR WIDOW’S AND WIDOWER’S INSUR5 ANCE BENEFITS BASED ON DISABILITY. 

6 (a) WIDOW’S INSURANCE BENEFITS.— 

7 (1) IN GENERAL.—Section 202(e) of the Social 

8 Security Act (42 U.S.C. 402(e)) is amended— 


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1 (A) in paragraph (1)(B)(ii), by striking 

2 ‘‘which began before the end of the period spec3 ified in paragraph (4)’’; 

4 (B) in paragraph (1)(F)(ii), by striking 

5 ‘‘(I) in the period specified in paragraph (4) 

6 and (II)’’; 

7 (C) by striking paragraph (4) and by re8 designating paragraphs (5) through (8) as 

9 paragraphs (4) through (7), respectively; and 

10 (D) in paragraph (4)(A)(ii) (as redesig11 nated), by striking ‘‘whichever’’ and all that fol12 lows through ‘‘begins’’ and inserting ‘‘the first 

13 day of the seventeenth month before the month 

14 in which her application is filed’’. 

15 (2) CONFORMING AMENDMENTS.— 

16 (A) Section 202(e)(1)(F)(i) of such Act 

17 (42 U.S.C. 402(e)(1)(F)(i)) is amended by 

18 striking ‘‘paragraph (5)’’ and inserting ‘‘para19 graph (4)’’. 

20 (B) Section 202(e)(1)(C)(ii)(III) of such 

21 Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amend22 ed by striking ‘‘paragraph (8)’’ and inserting 

23 ‘‘paragraph (6)’’. 


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1 (C) Section 226(e)(1)(A)(i) of such Act 

2 (42 U.S.C. 426(e)(1)(A)(i)) is amended by 

3 striking ‘‘202(e)(4),’’. 

4 (b) WIDOWER’S INSURANCE BENEFITS.— 

5 (1) IN GENERAL.—Section 202(f) of such Act 

6 (42 U.S.C. 402(f)) is amended— 

7 (A) in paragraph (1)(B)(ii), by striking 

8 ‘‘which began before the end of the period spec9 ified in paragraph (4)’’; 

10 (B) in paragraph (1)(F)(ii), by striking 

11 ‘‘(I) in the period specified in paragraph (4) 

12 and (II)’’; 

13 (C) by striking paragraph (4) and by re14 designating paragraphs (5) through (8) as 

15 paragraphs (4) through (7), respectively; and 

16 (D) in paragraph (4)(A)(ii) (as redesig17 nated), by striking ‘‘whichever’’ and all that fol18 lows through ‘‘begins’’ and inserting ‘‘the first 

19 day of the seventeenth month before the month 

20 in which his application is filed’’. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Section 202(f)(1)(F)(i) of such Act (42 

23 U.S.C. 402(f)(1)(F)(i)) is amended by striking 

24 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

25 (4)’’. 


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1 (B) Section 202(f)(1)(C)(ii)(III) of such 

2 Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amend3 ed by striking ‘‘paragraph (8)’’ and inserting 

4 ‘‘paragraph (6)’’. 

5 (C) Section 226(e)(1)(A)(i) of such Act (as 

6 amended by subsection (a)(2)) is further 

7 amended by striking ‘‘202(f)(1)(B)(ii), and 

8 202(f)(4)’’ and inserting ‘‘and 

9 202(f)(1)(B)(ii)’’. 

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

11 this section shall apply with respect to benefits for months 

12 after December 2009 for which applications are filed or 

13 pending on or after January 1, 2010. 

Æ 


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