I 

108TH CONGRESS 

1ST SESSION H. R. 474

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 29, 2003

Mrs. LOWEY (for herself, Mr. CONYERS, Mr. CROWLEY, Mr. FROST, Ms. LEE, 

Mr. PALLONE, Mr. PAYNE, Ms. WATSON, Ms. WOOLSEY, Mr. WYNN, and 

Mr. FARR) 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.—
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1 (1) IN GENERAL.—Section 202(w)(1) of the So2 cial Security Act (42 U.S.C. 402(w)(1)) is amend3 ed—

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

5 insurance benefit’’ and inserting ‘‘old-age, wid6 ow’s, or widower’s insurance benefit’’; 

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

8 number of increment months for any indi9 vidual’’ in the matter preceding subparagraph 

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

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

12 widow’s, or widower’s insurance benefit is pay13 able as described in paragraph (1)’’; and 

14 (C) by striking paragraph (2)(B) and in15 serting the following: 

16 ‘‘(B) with respect to which—

17 ‘‘(i) in the case of an individual to 

18 whom an old-age insurance benefit is pay19 able, such individual was a fully insured 

20 individual (as defined in section 214(a)) 

21 and—

22 ‘‘(I) was not entitled to such a 

23 benefit, or 

24 ‘‘(II) was so entitled but did not 

25 receive benefits pursuant to a request 
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1 by such individual that benefits not be 

2 paid, or

3 ‘‘(ii) in the case of an individual to 

4 whom a widow’s or widower’s insurance 

5 benefit is payable, such individual satisfied 

6 subparagraphs (A), (B), and (D) of sub7 section (e)(1) or (f)(1) and—

8 ‘‘(I) was not entitled to such a 

9 benefit, 

10 ‘‘(II) was so entitled but suffered 

11 deductions under section 203(b) or 

12 203(c) in amounts equal to the 

13 amount of such benefit, or 

14 ‘‘(III) was so entitled but did not 

15 receive benefits pursuant to a request 

16 by such individual that benefits not be 

17 paid, and 

18 ‘‘(C) with respect to which such individual 

19 was not subject to a penalty under section 

20 1129A.’’. 

21 (2) CONFORMING AMENDMENTS TO SECTION

22 202(w).—

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

24 U.S.C. 402(w)(3)) is amended by striking ‘‘old-
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1 age’’ each place it appears and inserting ‘‘old2 age, widow’s, or widower’s’’. 

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

4 U.S.C. 402(w)(5)) is amended—

5 (i) by striking ‘‘If an individual’s pri6 mary insurance amount’’ and inserting ‘‘If 

7 the primary insurance amount on which an 

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

9 insurance benefit is based’’; 

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

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

12 widower’s’’;

13 (iii) by striking ‘‘his primary insur14 ance amount’’ each place it appears and 

15 inserting ‘‘the primary insurance amount’’; 

16 and 

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

18 place they appear and inserting ‘‘such indi19 vidual’’ and ‘‘such individual’s’’, respec20 tively.

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

22 U.S.C. 402(w)(6)) is amended—

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

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

25 widower’s’’; and 
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1 (ii) by adding at the end (after and 

2 below subparagraph (D)) the following new 

3 sentence: 

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

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

6 first day of the month in which such individual attains 

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

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

9 attains age 60.’’. 

10 (3) OTHER CONFORMING AMENDMENTS.—

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

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

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

14 (B) Section 202(f)(3)(A) of such Act (42 

15 U.S.C. 402(f)(3)(A)) is amended by inserting 

16 ‘‘and subsection (w)’’ after ‘‘subsection (q)’’. 

17 (b) TREATMENT OF DELAYED RETIREMENT IN

18 CASES OF SIMULTANEOUS ENTITLEMENT TO OLD-AGE

19 INSURANCE BENEFITS AND WIDOW’S OR WIDOWER’S IN20 SURANCE BENEFITS.—Section 202(w) of the Social Secu21 rity Act (42 U.S.C. 402(w)) is amended—

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

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

24 amount’’; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

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

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

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

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

7 the widow’s or widower’s insurance benefit under para8 graph (1) shall be made (prior to the application of sub9 section (k)(3)(A)) in lieu of any increase in the amount 

10 of the old-age insurance benefit under such paragraph, un11 less—

12 ‘‘(A) the amount of such old-age insurance ben13 efit would be greater than the amount of such wid14 ow’s or widower’s insurance benefit after the appli15 cation of paragraph (1) to each such benefit, or 

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

17 made under such paragraph in the amount of such 

18 old-age insurance benefit would result (under the 

19 language following subparagraph (F) in the first 

20 sentence of subsection (e)(1) or (f)(1)) in the termi21 nation of the individual’s entitlement to widow’s or 

22 widower’s insurance benefits.’’. 

23 SEC. 2. EFFECTIVE DATE. 

24 The amendments made by this Act shall apply with 

25 respect to widow’s and widower’s insurance benefits 
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1 (under section 202 (e) and (f) of the Social Security Act) 

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

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