I 
117TH CONGRESS 
1ST SESSION H. R. 4851 
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 
JULY 29, 2021 
Ms. SA´NCHEZ (for herself, Mr. CA´RDENAS, Mr. COHEN, Mrs. NAPOLITANO, 
Ms. NORTON, Ms. WILSON of Florida, and Ms. SCHAKOWSKY) 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’’. 
SEC. 2. IMPROVING SOCIAL SECURITY BENEFITS FOR WID-
OWS AND WIDOWERS IN TWO-INCOME HOUSE-
HOLDS. 
(a) IN GENERAL.— 
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(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— 
‘‘(i) the primary insurance amount (as de-
termined for purposes of this subsection after 
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application of subparagraphs (B) and (C)) of 
such deceased individual; or 
‘‘(ii) subject to paragraph (9), 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: 
‘‘(9) 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 
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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 
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 
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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— 
‘‘(i) the primary insurance amount (as de-
termined for purposes of this subsection after 
application of subparagraphs (B) and (C)) of 
such deceased individual; or 
‘‘(ii) subject to paragraph (9), 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 insur-
ance 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)— 
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(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: 
‘‘(9) 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 
wage index (as described in section 209(k)(1)) 
for each such year.’’. 
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(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 2021. 
Æ 
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