I
107TH CONGRESS
2D SESSION
H. R. 4069
To amend title II of the Social Security Act provide for miscellaneous
enhancements in Social Security benefits, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. SHAW (for himself, Mr. MATSUI, Mr. BECERRA, Mr. BRADY of Texas, Mr.
CARDIN, Mr. COLLINS, Mr. DOGGETT, Ms. DUNN of Washington, Mr.
FOLEY, Mr. HAYWORTH, Mr. HOUGHTON, Mr. LEWIS of Kentucky, Mr.
MCCRERY, Mr. MCNULTY, Mr. POMEROY, Mr. PORTMAN, Mr. RAMSTAD,
and Mr. RANGEL) 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 provide for
miscellaneous enhancements in Social Security benefits,
and for other purposes.
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 ‘‘Social Security Benefit
Enhancements for Women Act of 2002’’.
SEC. 2. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY
FOR WIDOW’S AND WIDOWER’S INSURANCE
BENEFITS BASED ON DISABILITY.
(a) WIDOW’S INSURANCE BENEFITS.—
(1) IN GENERAL.—Section 202(e) of the Social
Security Act (42 U.S.C. 402(e)) is amended—
(A) in paragraph (1)(B)(ii), by striking
‘‘which began before the end of the period spec-
ified in paragraph (4)’’;
(B) in paragraph (1)(F)(ii), by striking
‘‘(I) in the period specified in paragraph (4)
and (II)’’;
(C) by striking paragraph (4) and by re-
designating paragraphs (5) through (9) as
paragraphs (4) through (8), respectively; and
(D) in paragraph (4)(A)(ii) (as redesig-
nated), by striking ‘‘whichever’’ and all that fol-
lows through ‘‘begins’’ and inserting ‘‘the first
day of the seventeenth month before the month
in which her application is filed’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 202(e)(1)(F)(i) of such Act
(42 U.S.C. 402(e)(1)(F)(i)) is amended by
striking ‘‘paragraph (5)’’ and inserting ‘‘para-
graph (4)’’.
(B) Section 202(e)(1)(C)(ii)(III) of such
Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amend-
ed by striking ‘‘paragraph (8)’’ and inserting
‘‘paragraph (7)’’.
(C) Section 202(e)(2)(A) of such Act (42
U.S.C. 402(e)(2)(A)) is amended by striking
‘‘paragraph (7)’’ and inserting ‘‘paragraph
(6)’’.
(D) Section 226(e)(1)(A)(i) of such Act
(42 U.S.C. 426(e)(1)(A)(i)) is amended by
striking ‘‘202(e)(4),’’.
(b) WIDOWER’S INSURANCE BENEFITS.—
(1) IN GENERAL.—Section 202(f) of such Act
(42 U.S.C. 402(f)) is amended—
(A) in paragraph (1)(B)(ii), by striking
‘‘which began before the end of the period spec-
ified in paragraph (5)’’;
(B) in paragraph (1)(F)(ii), by striking
‘‘(I) in the period specified in paragraph (5)
and (II)’’;
(C) by striking paragraph (5) and by re-
designating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) in paragraph (5)(A)(ii) (as redesig-
nated), by striking ‘‘whichever’’ and all that fol-
lows through ‘‘begins’’ and inserting ‘‘the first
day of the seventeenth month before the month
in which his application is filed’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 202(f)(1)(F)(i) of such Act (42
U.S.C. 402(f)(1)(F)(i)) is amended by striking
‘‘paragraph (6)’’ and inserting ‘‘paragraph
(5)’’.
(B) Section 202(f)(1)(C)(ii)(III) of such
Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amend-
ed by striking ‘‘paragraph (8)’’ and inserting
‘‘paragraph (7)’’.
(C) Section 226(e)(1)(A)(i) of such Act (as
amended by subsection (a)(2)) is further
amended by striking ‘‘202(f)(1)(B)(ii), and
202(f)(5)’’ 
and 
inserting 
‘‘and
202(f)(1)(B)(ii)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to benefits for months
after November 2002.
SEC. 3. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR
DIVORCED SPOUSE’S BENEFITS UPON OTHER
SPOUSE’S REMARRIAGE.
(a) 
WIFE’S
INSURANCE
BENEFITS.—Section
202(b)(5)(A) of the Social Security Act (42 U.S.C.
402(b)(5)(A)) is amended by adding at the end the fol-
lowing new sentence: ‘‘The criterion for entitlement under
clause (ii) shall be deemed met upon the remarriage of
the insured individual to someone other than the applicant
during the 2-year period referred to in such clause.’’.
(b) HUSBAND’S
INSURANCE
BENEFITS.—Section
202(c)(5)(A) of such Act (42 U.S.C. 402(c)(5)(A)) is
amended by adding at the end the following new sentence:
‘‘The criterion for entitlement under clause (ii) shall be
deemed met upon the remarriage of the insured individual
to someone other than the applicant during the 2-year pe-
riod referred to in such clause.’’.
(c) CONFORMING AMENDMENT TO EXEMPTION OF
INSURED INDIVIDUAL’S DIVORCED SPOUSE FROM EARN-
INGS TEST AS APPLIED TO THE INSURED INDIVIDUAL.—
Section 
203(b)(2)(B) 
of 
such 
Act 
(42 
U.S.C.
403(b)(2)(B)) is amended by adding at the end the fol-
lowing new sentence: ‘‘The requirement under such clause
(ii) shall be deemed met upon the remarriage of the in-
sured individual to someone other than the individual re-
ferred to in paragraph (1) during the 2-year period re-
ferred to in such clause.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to benefits for months
after November 2002.
SEC. 4. MONTHS ENDING AFTER DECEASED INDIVIDUAL’S
DEATH DISREGARDED IN APPLYING EARLY
RETIREMENT RULES WITH RESPECT TO DE-
CEASED INDIVIDUAL FOR PURPOSES OF LIM-
ITATION ON WIDOW’S AND WIDOWER’S BENE-
FITS.
(a) 
WIDOW’S
INSURANCE
BENEFITS.—Section
202(e)(2)(D)(i) of the Social Security Act (42 U.S.C.
402(e)(2)(D)(i)) is amended by inserting after ‘‘applica-
ble,’’ the following: ‘‘except that, in applying paragraph
(7) of subsection (q) for purposes of this clause, any
month ending with or after the date of the death of such
deceased individual shall be deemed to be excluded under
such paragraph (in addition to months otherwise excluded
under such paragraph),’’.
(b) WIDOWER’S
INSURANCE
BENEFITS.—Section
202(f)(3)(D)(i) of such Act (42 U.S.C. 402(f)(3)(D)(i))
is amended by inserting after ‘‘applicable,’’ the following:
‘‘except that, in applying paragraph (7) of subsection (q)
for purposes of this clause, any month ending with or after
the date of the death of such deceased individual shall be
deemed to be excluded under such paragraph (in addition
to months otherwise excluded under such paragraph),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to benefits for months
after November 2002.
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