I
107TH CONGRESS
1ST SESSION
H. R. 3328
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
NOVEMBER 16, 2001
Mrs. LOWEY (for herself, Mr. CONYERS, Mr. PALLONE, Mr. PAYNE, Ms. WAT-
SON of California, Mr. WYNN, Ms. BROWN of Florida, Mr. FARR of Cali-
fornia, Mr. FROST, Ms. WATERS, Ms. WOOLSEY, Ms. LEE, Ms. PELOSI,
Mr. CROWLEY, and Mr. BACA) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INCREASE IN WIDOW’S AND WIDOWER’S INSUR-
ANCE BENEFITS BY REASON OF DELAYED RE-
TIREMENT.
(a) DELAYED RETIREMENT CREDIT FOR WIDOW’S
AND WIDOWER’S BENEFITS.—
(1) IN GENERAL.—Section 202(w)(1) of the So-
cial 
Security 
Act 
(42 
U.S.C. 
402(w)(1)) 
is
amended—
(A) in paragraph (1) by striking ‘‘old-age
insurance benefit’’ and inserting ‘‘old-age, wid-
ow’s, or widower’s insurance benefit’’;
(B) in paragraph (2), by striking ‘‘the
number of increment months for any indi-
vidual’’ in the matter preceding subparagraph
(A) and inserting ‘‘the number of increment
months for any individual to whom an old-age,
widow’s, or widower’s insurance benefit is pay-
able as described in paragraph (1)’’; and
(C) by striking paragraph (2)(B) and in-
serting the following:
‘‘(B) with respect to which—
‘‘(i) in the case of an individual to
whom an old-age insurance benefit is pay-
able, such individual was a fully insured
individual (as defined in section 214(a))
and—
‘‘(I) was not entitled to such a
benefit, or
‘‘(II) was so entitled but did not
receive benefits pursuant to a request
by such individual that benefits not be
paid, and
‘‘(ii) in the case of an individual to
whom a widow’s or widower’s insurance
benefit is payable, such individual satisfied
subparagraphs (A), (B), and (D) of sub-
section (e)(1) or (f)(1) and—
‘‘(I) was not entitled to such a
benefit,
‘‘(II) was so entitled but suffered
deductions under section 203(b) or
203(c) in amounts equal to the
amount of such benefit, or
‘‘(III) was so entitled but did not
receive benefits pursuant to a request
by such individual that benefits not be
paid.’’.
(2) CONFORMING
AMENDMENTS
TO
SECTION
202(w).—
(A) Section 202(w)(3) of such Act (42
U.S.C. 402(w)(3)) is amended by striking ‘‘old-
age’’ each place it appears and inserting ‘‘old-
age, widow’s, or widower’s’’.
(B) Section 202(w)(5) of such Act (42
U.S.C. 402(w)(5)) is amended—
(i) by striking ‘‘If an individual’s pri-
mary insurance amount’’ and inserting ‘‘If
the primary insurance amount on which an
individual’s old-age, widow’s, or widower’s
insurance benefit is based’’;
(ii) by striking ‘‘old-age’’ each place it
appears and inserting ‘‘old-age, widow’s, or
widower’s’’; and
(iii) by striking ‘‘his primary insur-
ance amount’’ each place it appears and
inserting ‘‘the primary insurance amount’’.
(C) Section 202(w)(6) of such Act (42
U.S.C. 402(w)(6)) is amended—
(i) by striking ‘‘old-age’’ each place it
appears and inserting ‘‘old-age, widow’s, or
widower’s’’; and
(ii) by adding at the end (after and
below subparagraph (D)) the following new
sentence:
‘‘For purposes of this paragraph, an individual is deemed
to become eligible for an old-age insurance benefit on the
first day of the month in which such individual attains
age 62, and for a widow’s or widower’s insurance benefit
on the first day of the month in which such individual
attains age 60.’’.
(3) OTHER CONFORMING AMENDMENTS.—
(A) Section 202(e)(2)(A) of such Act (42
U.S.C. 402(e)(2)(A)) is amended by inserting
‘‘and subsection (w)’’ after ‘‘subsection (q)’’.
(B) Section 202(f)(3)(A) of such Act (42
U.S.C. 402(f)(3)(A)) is amended by inserting
‘‘and subsection (w)’’ after ‘‘subsection (q)’’.
(b) TREATMENT
OF
DELAYED
RETIREMENT
IN
CASES OF SIMULTANEOUS ENTITLEMENT TO OLD-AGE
INSURANCE BENEFITS AND WIDOW’S OR WIDOWER’S IN-
SURANCE BENEFITS.—Section 202(w) of the Social Secu-
rity Act (42 U.S.C. 402(w)) is amended—
(1) by striking ‘‘The amount’’ in paragraph (1)
and inserting ‘‘Subject to paragraph (7), the
amount’’; and
(2) by adding at the end the following new
paragraph:
‘‘(7) If for any month an individual is entitled (prior
to the application of this subsection) both to an old-age
insurance benefit and to a widow’s or widower’s insurance
benefit, the resulting increase (if any) in the amount of
the widow’s or widower’s insurance benefit under para-
graph (1) shall be made (prior to the application of sub-
section (k)(3)(A)) in lieu of any increase in the amount
of the old-age insurance benefit under such paragraph,
unless—
‘‘(A) the amount of such old-age insurance ben-
efit would be greater than the amount of such wid-
ow’s or widower’s insurance benefit after the appli-
cation of paragraph (1) to each such benefit, or
‘‘(B) the increase which would otherwise be
made under such paragraph in the amount of such
old-age insurance benefit would result (under the
language following subparagraph (F) in the first
sentence of subsection (e)(1) or (f)(1)) in the termi-
nation of the individual’s entitlement to widow’s or
widower’s insurance benefits.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to widow’s and widower’s insurance benefits
(under section 202 (e) and (f) of the Social Security Act)
for months after the month in which this Act is enacted.
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