I 

111TH CONGRESS 

2D SESSION H. R. 6569 

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

permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to benefits under such 

title. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2010 

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 provide 

for treatment of permanent partnerships between individuals of the same gender as marriage for purposes of 

determining entitlement to benefits under such title. 

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 ‘‘Equity in Social Secu5 rity Act of 2010’’. 


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1 SEC. 2. TREATMENT OF PERMANENT PARTNERSHIPS 

2 UNDER TITLE II OF THE SOCIAL SECURITY 

3 ACT. 

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

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

6 following new subsection: 

7 ‘‘Permanent Partnership 

8 ‘‘(m)(1) Notwithstanding any other provision of this 

9 title and under regulations of the Commissioner of Social 

10 Security prescribed as required under paragraph (3)— 

11 ‘‘(A) In any case in which the Commissioner 

12 determines, in connection with the application by (or 

13 on behalf of) an individual for a benefit under this 

14 title, that a current or former marriage between the 

15 applicant and another individual, or between 2 other 

16 individuals, is a prerequisite for entitlement of the 

17 applicant to such benefit and the application des18 ignates, for treatment as such a marriage for pur19 poses of such application, an arrangement between 

20 2 individuals of the same gender— 

21 ‘‘(i) if the Commissioner determines that 

22 such arrangement is (or was) a permanent 

23 partnership within the meaning of paragraph 

24 (2), such arrangement shall be treated for pur25 poses of this title as a marriage of such individ26 uals; and 


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1 ‘‘(ii) each female party to such arrange2 ment shall be treated as a wife with respect to 

3 such arrangement (referencing the other party 

4 as such individual’s spouse in connection with 

5 such arrangement) and each male party to such 

6 arrangement shall be treated as a husband with 

7 respect to such arrangement (referencing the 

8 other party as such individual’s spouse in con9 nection with such arrangement). 

10 ‘‘(B) An arrangement between individuals of 

11 the same gender shall be treated as a former mar12 riage under subparagraph (A) in connection with an 

13 application for benefits under this title only if the 

14 Commissioner determines that such arrangement 

15 has been dissolved under the laws of the State of 

16 domicile of the applicant. In any case in which the 

17 Commissioner determines that such an arrangement 

18 has been so dissolved— 

19 ‘‘(i) the dissolution of such arrangement 

20 shall be treated as a divorce with respect to 

21 such arrangement; and 

22 ‘‘(ii) each female individual who was a 

23 party to such arrangement shall be treated as 

24 a divorced wife with respect to such arrange25 ment (referencing the other party as such indiVerDate Mar 15 2010 04:55 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6569.IH H6569

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1 vidual’s divorced spouse in connection with such 

2 arrangement) and each male individual who was 

3 a party to such arrangement shall be treated as 

4 a divorced husband with respect to such ar5 rangement (referencing the other party as the 

6 applicant’s divorced spouse in connection with 

7 such arrangement). 

8 ‘‘(C) In any case in which the Commissioner de9 termines that, after an individual entitled to a 

10 monthly insurance benefit under section 202 became 

11 so entitled, such individual and another individual of 

12 the same gender have entered into an arrangement 

13 that constitutes a permanent partnership, such ar14 rangement shall be treated as a marriage of such in15 dividuals for purposes of any provision of such sec16 tion providing for termination of such entitlement 

17 upon marriage or remarriage. 

18 ‘‘(D) Upon receipt by the Commissioner of an 

19 application by (or on behalf of) an individual for a 

20 benefit under this title containing certification by (or 

21 on behalf of) the applicant, submitted in such form 

22 and manner as shall be prescribed in such regula23 tions, that the applicant is a stepchild or adopted 

24 child of an individual who is or was a party to an 

25 arrangement consisting of a permanent partnership, 


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1 if such arrangement is treated as a marriage under 

2 subparagraph (A) and, under the laws of the domi3 cile of the applicant, the applicant is, at the time of 

4 such application, treated as a stepchild or adopted 

5 child of such party to such arrangement, the appli6 cant shall be treated as such a stepchild or adopted 

7 child of such party (referencing such party as a par8 ent of the applicant). 

9 ‘‘(E) Upon receipt by the Commissioner of an 

10 application by (or on behalf of) an individual for a 

11 benefit under this title containing certification by (or 

12 on behalf of) the applicant, submitted in such form 

13 and manner as shall be prescribed in such regula14 tions, that the applicant is or was a party to an ar15 rangement consisting of a permanent partnership 

16 and that the applicant is a parent of an individual 

17 who is a stepchild or adopted child of the applicant 

18 with respect to such arrangement, if such arrange19 ment is treated as a marriage under subparagraph 

20 (A) and, under the laws of the domicile of the appli21 cant, the applicant is, at the time of such applica22 tion, treated as a parent of such individual with re23 spect to such arrangement, the applicant shall be 

24 treated as such a parent of such individual (refVerDate Mar 15 2010 04:55 Dec 22, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6569.IH H6569

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1 erencing such individual as a stepchild or adopted 

2 child of the applicant). 

3 ‘‘(2) For purposes of this subsection, the term ‘per4 manent partnership’ means, in connection with any indi5 vidual, a committed, intimate arrangement which is be6 tween such individual and another individual who have 

7 both attained 18 years of age and which has been recog8 nized and certified as legally valid by the State of domicile 

9 of the applicant, 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 (other than as provided in this subsection); 

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 

21 (within the meaning of this title other than as pro22 vided in this subsection) to, nor in a relationship de23 scribed in the preceding provisions of this paragraph 

24 with, any third individual. 


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1 ‘‘(3) The Commissioner shall prescribe such regula2 tions as are necessary to carry out the provisions of this 

3 subsection. In prescribing such regulations, the Commis4 sioner shall take into account the laws of the State of 

5 domicile of an applicant for benefits under this title so 

6 as to ensure that such provisions, together with the other 

7 provisions of this title as applied in accordance with this 

8 subsection, are appropriately coordinated with each other 

9 and with the laws of such State.’’. 

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

11 this section shall apply with respect to monthly insurance 

12 benefits for months after November 2011 for which appli13 cations are filed after December 31, 2011, and with re14 spect to lump-sum death payments in connection with 

15 deaths occuring after such date. 

Æ 


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