I 
116TH CONGRESS 
1ST SESSION H. R. 1540 
To amend title II of the Social Security Act to improve social security 
benefits for widows and widowers in two-income households. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2019 
Ms. SA´NCHEZ (for herself, Mr. GONZALEZ of Texas, Ms. NORTON, Mr. 
COHEN, Mr. MCNERNEY, Mrs. DINGELL, Mrs. NAPOLITANO, Ms. 
MOORE, Mr. HIGGINS of New York, Ms. SCHAKOWSKY, Mr. POCAN, Mr. 
CA´RDENAS, and Ms. WILSON of Florida) 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 improve 
social security benefits for widows and widowers in two- 
income households. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Widows 
and Widowers in Retirement (POWR) Act’’. 
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SEC. 2. IMPROVING SOCIAL SECURITY BENEFITS FOR WID-
OWS AND WIDOWERS IN TWO-INCOME HOUSE-
HOLDS. 
(a) IN GENERAL.— 
(1) WIDOWS.—Section 202(e) of the Social Se-
curity Act (42 U.S.C. 402(e)) is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by inserting 
‘‘and’’ at the end; 
(ii) in subparagraph (C)(iii), by strik-
ing ‘‘and’’ at the end; 
(iii) by striking subparagraph (D); 
(iv) by redesignating subparagraphs 
(E) and (F) as subparagraphs (D) and 
(E), respectively; and 
(v) in the flush matter following sub-
paragraph (E)(ii), as so redesignated, by 
striking ‘‘or becomes entitled to an old-age 
insurance benefit’’ and all that follows 
through ‘‘such deceased individual,’’; 
(B) by striking subparagraph (A) in para-
graph (2) and inserting the following: 
‘‘(2)(A) Except as provided in subsection 
(k)(5), subsection (q), and subparagraph (D) of this 
paragraph, such widow’s insurance benefit for each 
month shall be equal to the greater of— 
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‘‘(i) subject to paragraph (9), the primary 
insurance amount (as determined for purposes 
of this subsection after application of subpara-
graphs (B) and (C)) of such deceased indi-
vidual; or 
‘‘(ii) subject to paragraphs (9) and (10), in 
the case of a fully insured widow or surviving 
divorced wife, 75 percent of the sum of any old- 
age or disability insurance benefit for which the 
widow or the surviving divorced wife is entitled 
for such month and the primary insurance 
amount (as determined for purposes of this 
subsection after application of subparagraphs 
(B) and (C)) of such deceased individual.’’; 
(C) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘paragraph (1)(F)’’ and inserting ‘‘para-
graph (1)(E)’’; and 
(ii) in subparagraph (B), by striking 
‘‘paragraph 
(1)(F)(i)’’ 
and 
inserting 
‘‘paragraph (1)(E)(i)’’; and 
(D) by adding at the end the following new 
paragraphs: 
‘‘(9) For purposes of clauses (i) and (ii) of 
paragraph (2)(A), in the case of a surviving divorced 
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wife, the amount determined under either such 
clause (and, for purposes of clause (ii) of paragraph 
(2)(A), as determined after application of paragraph 
(10)) shall be equal to the applicable percentage (as 
determined under section 202(b)(2)(B)) of such 
amount (as determined before application of this 
paragraph but after application of subsection 
(k)(3)). 
‘‘(10) For purposes of paragraph (2)(A)(ii), the 
amount determined under such paragraph shall not 
exceed the primary insurance amount for such 
month of a hypothetical individual— 
‘‘(A) who became entitled to old-age insur-
ance benefits upon attaining early retirement 
age during the month in which the deceased in-
dividual referred to in paragraph (1) became 
entitled to old-age or disability insurance bene-
fits, or died (before becoming entitled to such 
benefits); and 
‘‘(B) to whom wages and self-employment 
income were credited in each of such hypo-
thetical individual’s elapsed years (within the 
meaning of section 215(b)(2)(B)(iii)) in an 
amount equal to 11⁄3 of the national average 
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wage index (as described in section 209(k)(1)) 
for each such year.’’. 
(2) WIDOWERS.—Section 202(f) of the Social 
Security Act (42 U.S.C. 402(f)) is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by inserting 
‘‘and’’ at the end; 
(ii) in subparagraph (C)(iii), by strik-
ing ‘‘and’’ at the end; 
(iii) by striking subparagraph (D); 
(iv) by redesignating subparagraphs 
(E) and (F) as subparagraphs (D) and 
(E), respectively; and 
(v) in the flush matter following sub-
paragraph (E)(ii), as so redesignated, by 
striking ‘‘or becomes entitled to an old-age 
insurance benefit’’ and all that follows 
through ‘‘such deceased individual,’’; 
(B) by striking subparagraph (A) in para-
graph (2) and inserting the following: 
‘‘(2)(A) Except as provided in subsection 
(k)(5), subsection (q), and subparagraph (D) of this 
paragraph, such widower’s insurance benefit for 
each month shall be equal to the greater of— 
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‘‘(i) subject to paragraph (9), the primary 
insurance amount (as determined for purposes 
of this subsection after application of subpara-
graphs (B) and (C)) of such deceased indi-
vidual; or 
‘‘(ii) subject to paragraphs (9) and (10), in 
the case of a fully insured widower or surviving 
divorced husband, 75 percent of the sum of any 
old-age or disability insurance benefit for which 
the widower or the surviving divorced husband 
is entitled for such month and the primary in-
surance amount (as determined for purposes of 
this subsection after application of subpara-
graphs (B) and (C)) of such deceased indi-
vidual.’’; 
(C) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘paragraph (1)(F)’’ and inserting ‘‘para-
graph (1)(E)’’; and 
(ii) in subparagraph (B), by striking 
‘‘paragraph 
(1)(F)(i)’’ 
and 
inserting 
‘‘paragraph (1)(E)(i)’’; and 
(D) by adding at the end the following new 
paragraphs: 
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‘‘(9) For purposes of clauses (i) and (ii) of 
paragraph (2)(A), in the case of a surviving divorced 
husband, the amount determined under either such 
clause (and, for purposes of clause (ii) of paragraph 
(2)(A), as determined after application of paragraph 
(10)) shall be equal to the applicable percentage (as 
determined under section 202(c)(2)(B)) of such 
amount (as determined before application of this 
paragraph but after application of subsection 
(k)(3)). 
‘‘(10) For purposes of paragraph (2)(A)(ii), the 
amount determined under such paragraph shall not 
exceed the primary insurance amount for such 
month of a hypothetical individual— 
‘‘(A) who became entitled to old-age insur-
ance benefits upon attaining early retirement 
age during the month in which the deceased in-
dividual referred to in paragraph (1) became 
entitled to old-age or disability insurance bene-
fits, or died (before becoming entitled to such 
benefits); and 
‘‘(B) to whom wages and self-employment 
income were credited in each of such hypo-
thetical individual’s elapsed years (within the 
meaning of section 215(b)(2)(B)(iii)) in an 
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amount equal to 11⁄3 of the national average 
wage index (as described in section 209(k)(1)) 
for each such year.’’. 
(b) HOLDING SSI BENEFICIARIES HARMLESS.—For 
purposes of determining the income of an individual to es-
tablish eligibility for, and the amount of, benefits payable 
under title XVI of the Social Security Act, the amount 
of any benefit to which the individual is entitled under 
title II of such Act shall be deemed not to exceed the 
amount of the benefit that would be determined for such 
individual under such title as in effect on the day before 
the date of the enactment of this Act. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to widow’s and wid-
ower’s insurance benefits payable for months after Decem-
ber 2019. 
Æ 
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