I
107TH CONGRESS
1ST SESSION
H. R. 319
To amend title II of the Social Security Act to provide an exception to
the nine-month duration of marriage requirement for widows and wid-
owers in cases in which the marriage was postponed by legal impediments
to the marriage caused by State restrictions on divorce from a prior
spouse institutionalized due to mental incompetence or similar incapacity.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. ALLEN 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
an exception to the nine-month duration of marriage
requirement for widows and widowers in cases in which
the marriage was postponed by legal impediments to
the marriage caused by State restrictions on divorce from
a prior spouse institutionalized due to mental incom-
petence or similar incapacity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXCEPTION TO NINE-MONTH DURATION OF
MARRIAGE REQUIREMENT FOR WIDOWS AND
WIDOWERS.
(a) WIDOWS.—Section 216(c)(5) of the Social Secu-
rity Act (42 U.S.C. 416(c)(5)) is amended by adding at
the end the following: ‘‘for a period of shorter duration
immediately preceding such day in any case in which (A)
the individual had been married prior to the individual’s
marriage to the surviving wife, (B) the prior wife was in-
stitutionalized during the individual’s marriage to the
prior wife due to mental incompetence or similar inca-
pacity, (C) for the period beginning nine months imme-
diately prior to the individual’s marriage to the surviving
wife and ending with the death of the prior wife, the com-
mencement of the individual’s subsequent marriage to the
surviving wife was postponed because the laws of the State
in which the individual was domiciled at the time of his
marriage to the prior wife did not provide grounds for di-
vorce based on a spouse’s institutionalization due to such
mental incompetence or similar incapacity and therefore
impeded any subsequent marriage, and (D) the marriage
between the individual and his surviving wife occurred
within 60 days after the removal of the impediment cre-
ated by the individual’s marriage to the prior wife, or’’.
(b) WIDOWERS.—Section 216(g)(5) of such Act (42
U.S.C. 416(g)(5)) is amended by adding at the end the
following: ‘‘for a period of shorter duration immediately
preceding such day in any case in which (A) the individual
had been married prior to the individual’s marriage to the
surviving husband, (B) the prior husband was institu-
tionalized during the individual’s marriage to the prior
husband due to mental incompetence or similar incapacity,
(C) for the period beginning nine months immediately
prior to the individual’s marriage to the surviving husband
and ending with the death of the prior husband, the com-
mencement of the individual’s subsequent marriage to the
surviving husband was postponed because the laws of the
State in which the individual was domiciled at the time
of her marriage to the prior husband did not provide
grounds for divorce based on a spouse’s institutionaliza-
tion due to such mental incompetence or similar incapacity
and therefore impeded any subsequent marriage, and (D)
the marriage between the individual and her surviving
husband occurred within 60 days after the removal of the
impediment created by the individual’s marriage to the
prior husband, or’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall be effective
with respect to applications for benefits under title II of
the Social Security Act that are filed on or after March
1, 1991.
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