I 
113TH CONGRESS 
2D SESSION 
H. R. 5182 
To amend title II of the Social Security Act to provide for equal treatment 
of individuals in same-sex marriages, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2014 
Mr. TAKANO (for himself, Mr. BECERRA, Mr. CICILLINE, Ms. LEE of Cali-
fornia, Mr. HIGGINS, Mr. SCHIFF, Mr. MCDERMOTT, and Mr. HIMES) in-
troduced 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 
for equal treatment of individuals in same-sex marriages, 
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 and 
Medicare Parity Act of 2014’’. 
SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE 
SOCIAL SECURITY ACT. 
(a) IN GENERAL.—Section 216(h)(1)(A)(i) of the So-
cial Security Act (42 U.S.C. 416(h)(1)(A)(i)) is amended 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
by striking ‘‘is domiciled’’ and all that follows through 
‘‘the District of Columbia,’’ and inserting ‘‘and such appli-
cant were married (or, if such insured individual and such 
applicant were not married in any State but were validly 
married in another jurisdiction, the courts of any State)’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to all final determinations of family 
status made after June 26, 2013. 
SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH 
REQUIREMENT 
FOR 
WIDOWS, 
STEP-
CHILDREN, 
OR 
WIDOWERS 
IN 
CERTAIN 
CASES. 
Section 216(k) of the Social Security Act (42 U.S.C. 
416(k)) is amended— 
(1) in the section heading, by striking ‘‘in Case 
of Accidental Death or in Case of Serviceman Dying 
in Line of Duty, or in Case of Remarriage to the 
Same Individual’’ and inserting ‘‘in certain cases’’; 
(2) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(3) in paragraph (2)(B), by adding ‘‘or’’ at the 
end; and 
(4) by inserting after paragraph (2) the fol-
lowing: 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
‘‘(3)(A) in the case of a widow or widower of 
such individual whose marriage to such individual 
would not have been treated as a marriage for pur-
poses of Federal law prior to June 26, 2013, such 
widow or widower— 
‘‘(i) became the wife or husband of such 
individual (or was deemed to be the wife or hus-
band of such individual under subsection 
(h)(1)(A)(ii))— 
‘‘(I) if such widow or widower is domi-
ciled in a State that recognized same-sex 
marriages, civil unions, or registered do-
mestic partnerships as of June 26, 2013, 
before March 26, 2014; and 
‘‘(II) if such widow or widower is 
domiciled in any other State— 
‘‘(aa) before March 26, 2014; or 
‘‘(bb) if applicable, during the 9- 
month period beginning with the 1st 
date on which such State recognized 
same-sex marriages, civil unions, or 
registered domestic partnerships; and 
‘‘(ii) provides a sworn affidavit that the 
widow or widower was married to, or in a do-
mestic 
partnership 
with, 
such 
individual 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
throughout the 9-month period ending on the 
date of the individual’s death; or 
‘‘(B) the stepchild of such individual— 
‘‘(i) became the stepchild of such indi-
vidual as a result of a parent of the stepchild 
becoming the wife or husband of such individual 
(or being deemed to be the wife or husband of 
such 
individual 
under 
subsection 
(h)(1)(A)(ii))— 
‘‘(I) if such parent is domiciled in a 
State that recognized same-sex marriages, 
civil unions, or registered domestic part-
nerships as of June 26, 2013, before 
March 26, 2014; and 
‘‘(II) if such parent is domiciled in 
any other State— 
‘‘(aa) before March 26, 2014; or 
‘‘(bb) if applicable, during the 9- 
month period beginning with the 1st 
date on which such State recognized 
same-sex marriages, civil unions, or 
registered domestic partnerships; and 
‘‘(ii) provides a sworn affidavit that such 
parent was married to, or in a domestic part-
nership with, such individual throughout the 9- 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
month period ending on the date of the individ-
ual’s death;’’. 
SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR RE-
QUIREMENT FOR WIVES, STEPCHILDREN, OR 
HUSBANDS IN CERTAIN CASES. 
The requirement in section 216(b)(2) of the Social 
Security Act (42 U.S.C. 416) and the requirement in sec-
tion 216(f)(2) of such Act that the spouse of an individual 
shall have been married to such individual for a period 
of not less than 1 year immediately preceding the day on 
which the spouse’s application for wife’s or husband’s in-
surance benefits is filed in order to qualify as such individ-
ual’s wife or husband, and the requirement in section 
216(e)(2) of such Act that the stepchild of an individual 
shall have been such stepchild for not less than 1 year 
immediately preceding the day on which application for 
child’s insurance benefits is filed in order to qualify as 
such individual’s child, shall be deemed to be satisfied, 
where such application is filed within the applicable 1-year 
period, if— 
(1) in the case of a wife or husband of such in-
dividual whose marriage to such individual would 
not have been treated as a marriage for purposes of 
Federal law prior to June 26, 2013, such wife or 
husband— 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
(A) became the wife or husband of such in-
dividual (or was deemed to be the wife or hus-
band of such individual under subsection 
(h)(1)(A)(ii) of such Act)— 
(i) if such wife or husband is domi-
ciled in a State that recognized same-sex 
marriages, civil unions, or registered do-
mestic partnerships as of June 26, 2013, 
before June 26, 2014; and 
(ii) if such wife or husband is domi-
ciled in any other State— 
(I) before June 26, 2014; or 
(II) if applicable, during the 1- 
year period beginning with the 1st 
date on which such State recognized 
same-sex marriages, civil unions, or 
registered domestic partnerships; and 
(B) provides a sworn affidavit that the 
wife or husband was married to, or in a domes-
tic partnership with, such individual throughout 
the 1-year period ending on the date of the ap-
plication for wife’s or husband’s insurance bene-
fits; or 
(2) the stepchild of such individual— 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
(A) became the stepchild of such individual 
as a result of a parent of the stepchild becom-
ing the wife or husband of such individual (or 
being deemed to be the wife or husband of such 
individual under subsection (h)(1)(A)(ii) of such 
Act)— 
(i) if such parent is domiciled in a 
State that recognized same-sex marriages, 
civil unions, or registered domestic part-
nerships as of June 26, 2013, before June 
26, 2014; and 
(ii) if such parent is domiciled in any 
other State— 
(I) before June 26, 2014; or 
(II) if applicable, during the 1- 
year period beginning with the 1st 
date on which such State recognized 
same-sex marriages, civil unions, or 
registered domestic partnerships; and 
(B) provides a sworn affidavit that such 
parent was married to, or in a domestic part-
nership with, such individual throughout the 1- 
year period ending on the date of the applica-
tion for child’s insurance benefits. 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH 
CAMPAIGN. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act but not later than De-
cember 31, 2014, the Commissioner of Social Security 
shall conduct a comprehensive and effective 3-year out-
reach campaign to encourage individuals newly eligible for 
benefits under title II of the Social Security Act as a result 
of changes in law relating to same-sex marriage and occur-
ring on or after June 26, 2013, including this Act and 
the amendments made thereby, to apply for such benefits. 
Such outreach campaign shall include direct notification 
regarding such changes in law to current beneficiaries and 
to individuals approaching retirement. 
(b) REPORT TO CONGRESS.—Not later than Decem-
ber 31 of each of the 1st 3 calendar years beginning with 
2015, the Commissioner of Social Security shall submit 
to the Committee on Ways and Means of the House of 
Representatives, the Committee on Finance of the Senate, 
and the Committees on Appropriations of the House of 
Representatives and the Senate a report that includes— 
(1) a description of the educational and out-
reach activities conducted by the Commissioner of 
Social Security under subsection (a) during the pre-
ceding year; 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS
(2) the number of applications for benefits 
under title II of the Social Security Act filed as a 
result of changes in law relating to same-sex mar-
riage and occurring on or after June 26, 2013, in-
cluding this Act and the amendments made thereby, 
in the preceding year; and 
(3) the number of such applications which re-
sulted in entitlement to benefits. 
Æ 
VerDate Mar 15 2010 
03:00 Jul 26, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H5182.IH
H5182
tjames on DSK5VPTVN1PROD with BILLS