I 

113TH CONGRESS 

2D SESSION H. R. 5182 

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

of individuals in same-sex marriages, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2014 

Mr. TAKANO (for himself, Mr. BECERRA, Mr. CICILLINE, Ms. LEE of California, Mr. HIGGINS, Mr. SCHIFF, Mr. MCDERMOTT, and Mr. HIMES) 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 equal treatment of individuals in same-sex marriages, 

and for other purposes. 

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 ‘‘Social Security and 

5 Medicare Parity Act of 2014’’. 

6 SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE 

7 SOCIAL SECURITY ACT. 

8 (a) IN GENERAL.—Section 216(h)(1)(A)(i) of the So9 cial Security Act (42 U.S.C. 416(h)(1)(A)(i)) is amended 


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1 by striking ‘‘is domiciled’’ and all that follows through 

2 ‘‘the District of Columbia,’’ and inserting ‘‘and such appli3 cant were married (or, if such insured individual and such 

4 applicant were not married in any State but were validly 

5 married in another jurisdiction, the courts of any State)’’. 

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

7 this section shall apply to all final determinations of family 

8 status made after June 26, 2013. 

9 SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH 

10 REQUIREMENT FOR WIDOWS, STEP11 CHILDREN, OR WIDOWERS IN CERTAIN 

12 CASES. 

13 Section 216(k) of the Social Security Act (42 U.S.C. 

14 416(k)) is amended— 

15 (1) in the section heading, by striking ‘‘in Case 

16 of Accidental Death or in Case of Serviceman Dying 

17 in Line of Duty, or in Case of Remarriage to the 

18 Same Individual’’ and inserting ‘‘in certain cases’’; 

19 (2) in paragraph (1), by striking ‘‘or’’ at the 

20 end; 

21 (3) in paragraph (2)(B), by adding ‘‘or’’ at the 

22 end; and 

23 (4) by inserting after paragraph (2) the fol24 lowing: 


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1 ‘‘(3)(A) in the case of a widow or widower of 

2 such individual whose marriage to such individual 

3 would not have been treated as a marriage for pur4 poses of Federal law prior to June 26, 2013, such 

5 widow or widower— 

6 ‘‘(i) became the wife or husband of such 

7 individual (or was deemed to be the wife or hus8 band of such individual under subsection 

9 (h)(1)(A)(ii))— 

10 ‘‘(I) if such widow or widower is domi11 ciled in a State that recognized same-sex 

12 marriages, civil unions, or registered do13 mestic partnerships as of June 26, 2013, 

14 before March 26, 2014; and 

15 ‘‘(II) if such widow or widower is 

16 domiciled in any other State— 

17 ‘‘(aa) before March 26, 2014; or 

18 ‘‘(bb) if applicable, during the 9- 

19 month period beginning with the 1st 

20 date on which such State recognized 

21 same-sex marriages, civil unions, or 

22 registered domestic partnerships; and 

23 ‘‘(ii) provides a sworn affidavit that the 

24 widow or widower was married to, or in a do25 mestic partnership with, such individual 


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1 throughout the 9-month period ending on the 

2 date of the individual’s death; or 

3 ‘‘(B) the stepchild of such individual— 

4 ‘‘(i) became the stepchild of such indi5 vidual as a result of a parent of the stepchild 

6 becoming the wife or husband of such individual 

7 (or being deemed to be the wife or husband of 

8 such individual under subsection 

9 (h)(1)(A)(ii))— 

10 ‘‘(I) if such parent is domiciled in a 

11 State that recognized same-sex marriages, 

12 civil unions, or registered domestic part13 nerships as of June 26, 2013, before 

14 March 26, 2014; and 

15 ‘‘(II) if such parent is domiciled in 

16 any other State— 

17 ‘‘(aa) before March 26, 2014; or 

18 ‘‘(bb) if applicable, during the 9- 

19 month period beginning with the 1st 

20 date on which such State recognized 

21 same-sex marriages, civil unions, or 

22 registered domestic partnerships; and 

23 ‘‘(ii) provides a sworn affidavit that such 

24 parent was married to, or in a domestic part25 nership with, such individual throughout the 9- 


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1 month period ending on the date of the individ2 ual’s death;’’. 

3 SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR RE4 QUIREMENT FOR WIVES, STEPCHILDREN, OR 

5 HUSBANDS IN CERTAIN CASES. 

6 The requirement in section 216(b)(2) of the Social 

7 Security Act (42 U.S.C. 416) and the requirement in sec8 tion 216(f)(2) of such Act that the spouse of an individual 

9 shall have been married to such individual for a period 

10 of not less than 1 year immediately preceding the day on 

11 which the spouse’s application for wife’s or husband’s in12 surance benefits is filed in order to qualify as such individ13 ual’s wife or husband, and the requirement in section 

14 216(e)(2) of such Act that the stepchild of an individual 

15 shall have been such stepchild for not less than 1 year 

16 immediately preceding the day on which application for 

17 child’s insurance benefits is filed in order to qualify as 

18 such individual’s child, shall be deemed to be satisfied, 

19 where such application is filed within the applicable 1-year 

20 period, if— 

21 (1) in the case of a wife or husband of such in22 dividual whose marriage to such individual would 

23 not have been treated as a marriage for purposes of 

24 Federal law prior to June 26, 2013, such wife or 

25 husband— 


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1 (A) became the wife or husband of such in2 dividual (or was deemed to be the wife or hus3 band of such individual under subsection 

4 (h)(1)(A)(ii) of such Act)— 

5 (i) if such wife or husband is domi6 ciled in a State that recognized same-sex 

7 marriages, civil unions, or registered do8 mestic partnerships as of June 26, 2013, 

9 before June 26, 2014; and 

10 (ii) if such wife or husband is domi11 ciled in any other State— 

12 (I) before June 26, 2014; or 

13 (II) if applicable, during the 1- 

14 year period beginning with the 1st 

15 date on which such State recognized 

16 same-sex marriages, civil unions, or 

17 registered domestic partnerships; and 

18 (B) provides a sworn affidavit that the 

19 wife or husband was married to, or in a domes20 tic partnership with, such individual throughout 

21 the 1-year period ending on the date of the ap22 plication for wife’s or husband’s insurance bene23 fits; or 

24 (2) the stepchild of such individual— 


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1 (A) became the stepchild of such individual 

2 as a result of a parent of the stepchild becom3 ing the wife or husband of such individual (or 

4 being deemed to be the wife or husband of such 

5 individual under subsection (h)(1)(A)(ii) of such 

6 Act)— 

7 (i) if such parent is domiciled in a 

8 State that recognized same-sex marriages, 

9 civil unions, or registered domestic part10 nerships as of June 26, 2013, before June 

11 26, 2014; and 

12 (ii) if such parent is domiciled in any 

13 other State— 

14 (I) before June 26, 2014; or 

15 (II) if applicable, during the 1- 

16 year period beginning with the 1st 

17 date on which such State recognized 

18 same-sex marriages, civil unions, or 

19 registered domestic partnerships; and 

20 (B) provides a sworn affidavit that such 

21 parent was married to, or in a domestic part22 nership with, such individual throughout the 1- 

23 year period ending on the date of the applica24 tion for child’s insurance benefits. 


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1 SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH 

2 CAMPAIGN. 

3 (a) IN GENERAL.—As soon as practicable after the 

4 date of the enactment of this Act but not later than De5 cember 31, 2014, the Commissioner of Social Security 

6 shall conduct a comprehensive and effective 3-year out7 reach campaign to encourage individuals newly eligible for 

8 benefits under title II of the Social Security Act as a result 

9 of changes in law relating to same-sex marriage and occur10 ring on or after June 26, 2013, including this Act and 

11 the amendments made thereby, to apply for such benefits. 

12 Such outreach campaign shall include direct notification 

13 regarding such changes in law to current beneficiaries and 

14 to individuals approaching retirement. 

15 (b) REPORT TO CONGRESS.—Not later than Decem16 ber 31 of each of the 1st 3 calendar years beginning with 

17 2015, the Commissioner of Social Security shall submit 

18 to the Committee on Ways and Means of the House of 

19 Representatives, the Committee on Finance of the Senate, 

20 and the Committees on Appropriations of the House of 

21 Representatives and the Senate a report that includes— 

22 (1) a description of the educational and out23 reach activities conducted by the Commissioner of 

24 Social Security under subsection (a) during the pre25 ceding year; 


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1 (2) the number of applications for benefits 

2 under title II of the Social Security Act filed as a 

3 result of changes in law relating to same-sex mar4 riage and occurring on or after June 26, 2013, in5 cluding this Act and the amendments made thereby, 

6 in the preceding year; and 

7 (3) the number of such applications which re8 sulted in entitlement to benefits. 

Æ 


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