I 
112TH CONGRESS 
2D SESSION 
H. R. 4609 
To amend title II of the Social Security Act to provide for treatment of 
permanent partnerships between individuals of the same gender as mar-
riage for purposes of determining entitlement to benefits under such 
title. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 24, 2012 
Ms. LINDA T. SA´NCHEZ of California (for herself, Mr. ACKERMAN, Mr. BACA, 
Ms. BALDWIN, Ms. BASS of California, Ms. BERKLEY, Mr. BERMAN, Mr. 
BLUMENAUER, Mr. BRADY of Pennsylvania, Mr. BRALEY of Iowa, Mrs. 
CAPPS, Mr. CAPUANO, Mr. CARNAHAN, Ms. CASTOR of Florida, Ms. CHU, 
Mr. CICILLINE, Ms. CLARKE of New York, Mr. CLAY, Mr. COURTNEY, 
Mr. CROWLEY, Mrs. DAVIS of California, Ms. DEGETTE, Ms. DELAURO, 
Mr. DEUTCH, Mr. DOYLE, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. 
FARR, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. 
GUTIERREZ, Ms. HAHN, Ms. HANABUSA, Mr. HIGGINS, Mr. HIMES, Mr. 
HINCHEY, Mr. HOLT, Mr. HONDA, Mr. ISRAEL, Mr. JACKSON of Illinois, 
Mr. KEATING, Mr. KUCINICH, Mr. LANGEVIN, Mr. LARSEN of Wash-
ington, Ms. LEE of California, Mr. LEWIS of Georgia, Ms. ZOE LOFGREN 
of California, Mrs. LOWEY, Mrs. MALONEY, Ms. MATSUI, Ms. MCCOL-
LUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MICHAUD, Mr. GEORGE 
MILLER of California, Ms. MOORE, Mr. MORAN, Mr. MURPHY of Con-
necticut, Mrs. NAPOLITANO, Ms. NORTON, Mr. OLVER, Mr. PALLONE, 
Mr. PASCRELL, Mr. PETERS, Ms. PINGREE of Maine, Mr. POLIS, Mr. 
QUIGLEY, Mr. RANGEL, Ms. RICHARDSON, Mr. ROTHMAN of New Jersey, 
Ms. ROYBAL-ALLARD, Mr. RYAN of Ohio, Ms. LORETTA SANCHEZ of 
California, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. 
SCHWARTZ, Mr. SERRANO, Mr. SMITH of Washington, Ms. SPEIER, Mr. 
STARK, Mr. TONKO, Mr. TOWNS, Mr. WALZ of Minnesota, Mr. WAXMAN, 
Mr. WELCH, Ms. WOOLSEY, Mr. YARMUTH, Mr. HASTINGS of Florida, 
Ms. TSONGAS, Mr. HEINRICH, and Ms. HIRONO) introduced the following 
bill; which was referred to the Committee on Ways and Means 
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A BILL 
To amend title II of the Social Security Act to provide 
for treatment of permanent partnerships between individ-
uals of the same gender as marriage for purposes of 
determining entitlement to benefits under such title. 
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 Equal-
ity Act of 2012’’. 
SEC. 
2. 
TREATMENT 
OF 
PERMANENT 
PARTNERSHIPS 
UNDER TITLE II OF THE SOCIAL SECURITY 
ACT. 
(a) IN GENERAL.—Section 216 of the Social Security 
Act (42 U.S.C. 416) is amended by adding at the end the 
following new subsection: 
‘‘Permanent Partnership 
‘‘(m)(1) Notwithstanding any other provision of this 
title and under regulations of the Commissioner of Social 
Security prescribed as required under paragraph (3): 
‘‘(A) In any case in which the Commissioner 
determines, in connection with the application by (or 
on behalf of) an individual for a benefit under this 
title, that a current or former marriage between the 
applicant and another individual, or between 2 other 
individuals, is a prerequisite for entitlement of the 
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applicant to such benefit and the application des-
ignates, for treatment as such a marriage for pur-
poses of such application, an arrangement between 
2 individuals of the same gender— 
‘‘(i) if the Commissioner determines that 
such arrangement is (or was) a permanent 
partnership within the meaning of paragraph 
(2), such arrangement shall be treated for pur-
poses of this title as a marriage of such individ-
uals; and 
‘‘(ii) each female party to such arrange-
ment shall be treated as a wife with respect to 
such arrangement (referencing the other party 
as such individual’s spouse in connection with 
such arrangement) and each male party to such 
arrangement shall be treated as a husband with 
respect to such arrangement (referencing the 
other party as such individual’s spouse in con-
nection with such arrangement). 
‘‘(B) An arrangement between individuals of 
the same gender shall be treated as a former mar-
riage under subparagraph (A) in connection with an 
application for benefits under this title only if the 
Commissioner determines that such arrangement 
has been dissolved under the laws of the State of 
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domicile of the applicant. In any case in which the 
Commissioner determines that such an arrangement 
has been so dissolved— 
‘‘(i) the dissolution of such arrangement 
shall be treated as a divorce with respect to 
such arrangement; and 
‘‘(ii) each female individual who was a 
party to such arrangement shall be treated as 
a divorced wife with respect to such arrange-
ment (referencing the other party as such indi-
vidual’s divorced spouse in connection with such 
arrangement) and each male individual who was 
a party to such arrangement shall be treated as 
a divorced husband with respect to such ar-
rangement (referencing the other party as the 
applicant’s divorced spouse in connection with 
such arrangement). 
‘‘(C) In any case in which the Commissioner de-
termines that, after an individual entitled to a 
monthly insurance benefit under section 202 became 
so entitled, such individual and another individual of 
the same gender have entered into an arrangement 
that constitutes a permanent partnership, such ar-
rangement shall be treated as a marriage of such in-
dividuals for purposes of any provision of such sec-
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‘‘(D) each such individual is not a first, second, 
or third degree blood relation of the other individual; 
and 
‘‘(E) each such individual is neither married 
(within the meaning of this title other than as pro-
vided in this subsection) to, nor in a relationship de-
scribed in the preceding provisions of this paragraph 
with, any third individual. 
‘‘(3) The Commissioner shall prescribe such regula-
tions as are necessary to carry out the provisions of this 
subsection. In prescribing such regulations, the Commis-
sioner shall take into account the laws of the State of 
domicile of an applicant for benefits under this title so 
as to ensure that such provisions, together with the other 
provisions of this title as applied in accordance with this 
subsection, are appropriately coordinated with each other 
and with the laws of such State.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to monthly insurance 
benefits for months after November 2012 for which appli-
cations are filed after December 31, 2012, and with re-
spect to lump-sum death payments in connection with 
deaths occurring after such date. 
Æ 
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