I 
108TH CONGRESS 
1ST SESSION 
H. R. 249
To amend title II of the Social Security Act to provide an exception to 
the nine-month duration of marriage requirement for widows and wid-
owers in cases in which the marriage was postponed by legal impediments 
to the marriage caused by State restrictions on divorce from a prior 
spouse institutionalized due to mental incompetence or similar incapacity. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2003
Mr. ALLEN 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 
an exception to the nine-month duration of marriage 
requirement for widows and widowers in cases in which 
the marriage was postponed by legal impediments to 
the marriage caused by State restrictions on divorce from 
a prior spouse institutionalized due to mental incom-
petence or similar incapacity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXCEPTION TO NINE-MONTH DURATION OF 
MARRIAGE REQUIREMENT FOR WIDOWS AND 
WIDOWERS. 
(a) WIDOWS.—Section 216(c)(5) of the Social Secu-
rity Act (42 U.S.C. 416(c)(5)) is amended by adding at 
the end the following: ‘‘for a period of shorter duration 
immediately preceding such day in any case in which (A) 
the individual had been married prior to the individual’s 
marriage to the surviving wife, (B) the prior wife was in-
stitutionalized during the individual’s marriage to the 
prior wife due to mental incompetence or similar inca-
pacity, (C) for the period beginning nine months imme-
diately prior to the individual’s marriage to the surviving 
wife and ending with the death of the prior wife, the com-
mencement of the individual’s subsequent marriage to the 
surviving wife was postponed because the laws of the State 
in which the individual was domiciled at the time of his 
marriage to the prior wife did not provide grounds for di-
vorce based on a spouse’s institutionalization due to such 
mental incompetence or similar incapacity and therefore 
impeded any subsequent marriage, and (D) the marriage 
between the individual and his surviving wife occurred 
within 60 days after the removal of the impediment cre-
ated by the individual’s marriage to the prior wife, or’’. 
(b) WIDOWERS.—Section 216(g)(5) of such Act (42 
U.S.C. 416(g)(5)) is amended by adding at the end the
following: ‘‘for a period of shorter duration immediately 
preceding such day in any case in which (A) the individual 
had been married prior to the individual’s marriage to the 
surviving husband, (B) the prior husband was institu-
tionalized during the individual’s marriage to the prior 
husband due to mental incompetence or similar incapacity, 
(C) for the period beginning nine months immediately 
prior to the individual’s marriage to the surviving husband 
and ending with the death of the prior husband, the com-
mencement of the individual’s subsequent marriage to the 
surviving husband was postponed because the laws of the 
State in which the individual was domiciled at the time 
of her marriage to the prior husband did not provide 
grounds for divorce based on a spouse’s institutionaliza-
tion due to such mental incompetence or similar incapacity 
and therefore impeded any subsequent marriage, and (D) 
the marriage between the individual and her surviving 
husband occurred within 60 days after the removal of the 
impediment created by the individual’s marriage to the 
prior husband, or’’. 
SEC. 2. EFFECTIVE DATE. 
The amendments made by this Act shall be effective 
with respect to applications for benefits under title II of