I 

111TH CONGRESS 

1ST SESSION H. R. 773 

To amend title II of the Social Security Act to provide for increases in 

widow’s and widower’s insurance benefits by reason of delayed retirement. 

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 provide 

for increases in widow’s and widower’s insurance benefits 

by reason of delayed retirement. 

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

3 SECTION 1. INCREASE IN WIDOW’S AND WIDOWER’S INSUR4 ANCE BENEFITS BY REASON OF DELAYED RE5 TIREMENT. 

6 (a) DELAYED RETIREMENT CREDIT FOR WIDOW’S

7 AND WIDOWER’S BENEFITS.— 

8 (1) IN GENERAL.—Section 202(w) of the Social 

9 Security Act (42 U.S.C. 402(w)) is amended— 


rfrederick on PROD1PC67 with BILLS
2 

•HR 773 IH

1 (A) in paragraph (1) by striking ‘‘old-age 

2 insurance benefit’’ and inserting ‘‘old-age, wid3 ow’s, or widower’s insurance benefit’’; 

4 (B) in paragraph (2), by striking ‘‘the 

5 number of increment months for any indi6 vidual’’ in the matter preceding subparagraph 

7 (A) and inserting ‘‘the number of increment 

8 months for any individual to whom an old-age, 

9 widow’s, or widower’s insurance benefit is pay10 able as described in paragraph (1)’’; and 

11 (C) by striking ‘‘and’’ at the end of para12 graph (2)(A), and by striking paragraph (2)(B) 

13 and inserting the following: 

14 ‘‘(B) with respect to which— 

15 ‘‘(i) in the case of an individual to whom 

16 an old-age insurance benefit is payable, such in17 dividual was a fully insured individual (as de18 fined in section 214(a)) and— 

19 ‘‘(I) was not entitled to such a ben20 efit, or 

21 ‘‘(II) was so entitled but did not re22 ceive benefits pursuant to a request by 

23 such individual that benefits not be paid, 

24 or 


rfrederick on PROD1PC67 with BILLS
3 

•HR 773 IH

1 ‘‘(ii) in the case of an individual to whom 

2 a widow’s or widower’s insurance benefit is pay3 able, such individual satisfied subparagraphs 

4 (A), (B), and (D) of subsection (e)(1) or (f)(1) 

5 and— 

6 ‘‘(I) was not entitled to such a ben7 efit, 

8 ‘‘(II) was so entitled but suffered de9 ductions under section 203(b) or 203(c) in 

10 amounts equal to the amount of such ben11 efit, or 

12 ‘‘(III) was so entitled but did not re13 ceive benefits pursuant to a request by 

14 such individual that benefits not be paid, 

15 and 

16 ‘‘(C) with respect to which such individual was 

17 not subject to a penalty under section 1129A.’’. 

18 (2) CONFORMING AMENDMENTS TO SECTION

19 202(W).— 

20 (A) Section 202(w)(3) of such Act (42 

21 U.S.C. 402(w)(3)) is amended by striking ‘‘old22 age’’ each place it appears and inserting ‘‘old23 age, widow’s, or widower’s’’. 

24 (B) Section 202(w)(5) of such Act (42 

25 U.S.C. 402(w)(5)) is amended— 


rfrederick on PROD1PC67 with BILLS
4 

•HR 773 IH

1 (i) by striking ‘‘If an individual’s pri2 mary insurance amount’’ and inserting ‘‘If 

3 the primary insurance amount on which an 

4 individual’s old-age, widow’s, or widower’s 

5 insurance benefit is based’’; 

6 (ii) by striking ‘‘old-age’’ each place it 

7 appears and inserting ‘‘old-age, widow’s, or 

8 widower’s’’; 

9 (iii) by striking ‘‘his primary insur10 ance amount’’ each place it appears and 

11 inserting ‘‘the primary insurance amount’’; 

12 and 

13 (iv) by striking ‘‘he’’ and ‘‘his’’ each 

14 place they appear and inserting ‘‘such indi15 vidual’’ and ‘‘such individual’s’’, respec16 tively. 

17 (C) Section 202(w)(6) of such Act (42 

18 U.S.C. 402(w)(6)) is amended— 

19 (i) by striking ‘‘old-age’’ each place it 

20 appears and inserting ‘‘old-age, widow’s, or 

21 widower’s’’; and 

22 (ii) by adding at the end (after and 

23 below subparagraph (D)) the following new 

24 sentence: 


rfrederick on PROD1PC67 with BILLS
5 

•HR 773 IH

1 ‘‘For purposes of this paragraph, an individual is deemed 

2 to become eligible for an old-age insurance benefit on the 

3 first day of the month in which such individual attains 

4 age 62, and for a widow’s or widower’s insurance benefit 

5 on the first day of the month in which such individual 

6 attains age 60.’’. 

7 (3) OTHER CONFORMING AMENDMENTS.— 

8 (A) Section 202(e)(2)(A) of such Act (42 

9 U.S.C. 402(e)(2)(A)) is amended by inserting 

10 ‘‘subsection (w),’’ after ‘‘subsection (q),’’. 

11 (B) Section 202(f)(2)(A) of such Act (42 

12 U.S.C. 402(f)(2)(A)) is amended by inserting 

13 ‘‘subsection (w),’’ after ‘‘subsection (q),’’. 

14 (b) TREATMENT OF DELAYED RETIREMENT IN

15 CASES OF SIMULTANEOUS ENTITLEMENT TO OLD-AGE

16 INSURANCE BENEFITS AND WIDOW’S OR WIDOWER’S IN17 SURANCE BENEFITS.—Section 202(w) of the Social Secu18 rity Act (42 U.S.C. 402(w)) is amended— 

19 (1) by striking ‘‘The amount’’ in paragraph (1) 

20 and inserting ‘‘Subject to paragraph (7), the 

21 amount’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(7) If for any month an individual is entitled (prior 

25 to the application of this subsection) both to an old-age 


rfrederick on PROD1PC67 with BILLS
6 

•HR 773 IH

1 insurance benefit and to a widow’s or widower’s insurance 

2 benefit, the resulting increase (if any) in the amount of 

3 the widow’s or widower’s insurance benefit under para4 graph (1) shall be made (prior to the application of sub5 section (k)(3)(A)) in lieu of any increase in the amount 

6 of the old-age insurance benefit under such paragraph, un7 less— 

8 ‘‘(A) the amount of such old-age insurance ben9 efit would be greater than the amount of such wid10 ow’s or widower’s insurance benefit after the appli11 cation of paragraph (1) to each such benefit, or 

12 ‘‘(B) the increase which would otherwise be 

13 made under such paragraph in the amount of such 

14 old-age insurance benefit would result (under the 

15 language following subparagraph (F) in the first 

16 sentence of subsection (e)(1) or (f)(1)) in the termi17 nation of the individual’s entitlement to widow’s or 

18 widower’s insurance benefits.’’. 

19 SEC. 2. EFFECTIVE DATE. 

20 The amendments made by this Act shall apply with 

21 respect to widow’s and widower’s insurance benefits 

22 (under section 202 (e) and (f) of the Social Security Act) 

23 for months after the month in which this Act is enacted. 

Æ 


rfrederick on PROD1PC67 with BILLS