I
103D CONGRESS
1ST SESSION
H. R. 980
To amend title II of the Social Security Act to require dependency as a
condition of a stepchild’s eligibility for child’s insurance benefits, thereby
preventing an insured individual’s stepchildren from qualifying for such
benefits on the insured individual’s wage record (and thereby reducing
the benefits of the insured individual’s natural children) if the step-
children are being supported by a natural parent, and to provide for
termination of an individual’s child’s insurance benefits, based on the
work record of a stepparent, upon the remarriage of the child’s natural
parent after such natural parent’s divorce from such stepparent.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mr. JACOBS 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 require
dependency as a condition of a stepchild’s eligibility for
child’s insurance benefits, thereby preventing an insured
individual’s stepchildren from qualifying for such benefits
on the insured individual’s wage record (and thereby
reducing the benefits of the insured individual’s natural
children) if the stepchildren are being supported by a
natural parent, and to provide for termination of an
individual’s child’s insurance benefits, based on the work
record of a stepparent, upon the remarriage of the child’s
natural parent after such natural parent’s divorce from
such stepparent.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REQUIREMENT OF ACTUAL DEPENDENCY FOR
FUTURE ENTITLEMENTS.
(a) IN GENERAL.—Section 202(d)(4) of the Social
Security Act (42 U.S.C. 402(d)(4)) is amended by striking
‘‘was living with or’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to benefits based
on applications filed after the month in which this Act is
enacted.
SEC. 2. TERMINATION OF CHILD’S INSURANCE BENEFITS
BASED ON WORK RECORD OF STEPPARENT
UPON REMARRIAGE OF NATURAL PARENT
AFTER DIVORCE FROM STEPPARENT.
(a) IN GENERAL.—Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended—
(1) by striking ‘‘or’’ at the end of clause (F);
(2) by striking the period at the end of clause
(G) and inserting ‘‘; or’’; and
(3) by inserting after clause (G) the following
new clause:
‘‘(H) if the benefits under this subsection are
based on the wages and self-employment income of
a stepparent who is divorced from such child’s natu-
ral parent, the month in which such natural parent
remarries.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to remarriages occur-
ring after the month in which this Act is enacted.
SEC. 3. REQUIREMENTS OF DEPENDENCY IN THE CASE OF
EXISTING ENTITLEMENTS.
(a) IN GENERAL.—For purposes of subsection (d) of
section 202 of the Social Security Act (42 U.S.C. 402(d)),
a child shall be deemed as not dependent upon his or her
stepfather or stepmother at the time specified in para-
graph (1)(C) of such subsection if—
(1) such stepfather or stepmother has been
married to such individual’s natural parent for less
than the preceding one-year period, and
(2) such stepfather or stepmother has made no
substantial contribution to the support of such indi-
vidual during the preceding one-year period.
(b) EFFECTIVE DATE.—Subsection (a) shall apply
with respect to benefits under section 202(d) of the Social
Security Act for months after the date of the enactment
of this Act, but only if the application for such benefits
was filed in or before the month in which this Act is en-
acted.