372
the date of the enactment of this Act, the amendments
made by subsection (a) of such section 1111 shall also
apply to benefits attributable to plan years beginning on
or before December 31, 1988.
(b) INTEGRATION DISALLOWED
FOR SIMPLIFIED
EMPLOYEE PENSIONS.—
(1) IN GENERAL.—Subparagraph (D) of section
408(k)(3) of the Internal Revenue Code of 1986 (re-
lating to permitted disparity under rules limiting
discrimination under simplified employee pensions)
is repealed.
(2) CONFORMING AMENDMENT.—Subparagraph
(C) of such section 408(k)(3) is amended by striking
‘‘and except as provided in subparagraph (D),’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to taxable
years beginning on or after January 1, 1993.
(c) EVENTUAL REPEAL OF INTEGRATION RULES.—
Effective for plan years beginning on or after January 1,
2002—
(1) subparagraphs (C) and (D) of section
401(a)(5) of the Internal Revenue Code of 1986 (re-
lating to pension integration exceptions under non-
discrimination requirements for qualification) are re-
373
pealed, and subparagraph (E) of such section
401(a)(5) is redesignated as subparagraph (C); and
(2) subsection (l) of section 401 of such Code
(relating to nondiscriminatory coordination of de-
fined contribution plans with OASDI) is repealed.
SEC. 503. APPLICATION OF MINIMUM COVERAGE REQUIRE-
MENTS WITH RESPECT TO SEPARATE LINES
OF BUSINESS.
(a) IN GENERAL.—Subsection (b) of section 410 of
the Internal Revenue Code of 1986 (relating to minimum
coverage requirements) is amended—
(1) in paragraph (1), by striking ‘‘A trust’’ and
inserting ‘‘In any case in which the employer with
respect to a plan is treated, under section 414(r), as
operating separate lines of business for a plan year,
a trust’’, and by inserting ‘‘for such plan year’’ after
‘‘requirements’’; and
(2) by redesignating paragraphs (3) through
(6) as paragraphs (4) through (7), respectively and
by inserting after paragraph (2) the following new
paragraph:
‘‘(3) SPECIAL RULE WHERE EMPLOYER OPER-
ATES SINGLE LINE OF BUSINESS.—In any case in
which the employer with respect to a plan is not
treated, under section 414(r), as operating separate
374
lines of business for a plan year, a trust shall not
constitute a qualified trust under section 401(a) un-
less such trust is designated by the employer as part
of a plan which benefits all employees of the em-
ployer.’’.
(b) LIMITATION
ON LINE
OF BUSINESS EXCEP-
TION.—Paragraph (6) of section 410(b) of such Code (as
redesignated by subsection (a)(2) of this section) is
amended by inserting ‘‘other than paragraph (1)(A)’’ after
‘‘this subsection’’.
SEC. 504. ELIMINATION OF SPECIAL VESTING RULE FOR
MULTIEMPLOYER PLANS.
(a) INTERNAL REVENUE CODE AMENDMENT.—Para-
graph (2) of section 411(a) of the Internal Revenue Code
of 1986 (relating to minimum vesting standards) is
amended—
(1) by striking ‘‘subparagraph (A), (B), or (C)’’
and inserting ‘‘subparagraph (A) or (B)’’; and
(2) by striking subparagraph (C).
(b) ERISA AMENDMENT.—Paragraph (2) of section
203(a)(2) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1053(a)(2)) is amended—
(1) by striking ‘‘subparagraph (A), (B), or (C)’’
and inserting ‘‘subparagraph (A) or (B)’’; and
(2) by striking subparagraph (C).
375
SEC. 505. DIVISION OF PENSION BENEFITS UPON DIVORCE.
(a) AMENDMENTS
TO
THE INTERNAL REVENUE
CODE OF 1986.—
(1) IN
GENERAL.—Subsection (a) of section
401 of the Internal Revenue Code of 1986 (relating
to requirements for qualification) is amended—
(A) by inserting after paragraph (31) the
following new paragraph:
‘‘(32) DIVISION OF PENSION BENEFITS UPON
DIVORCE.—
‘‘(A) IN GENERAL.—In the case of a di-
vorce of a participant in a pension plan from a
spouse who is, immediately before the divorce,
a beneficiary under the plan, a trust forming a
part of such plan shall not constitute a quali-
fied trust under this section unless the plan
provides that at least 50 percent of the marital
share of the accrued benefit of the participant
under the plan ceases to be an accrued benefit
of such participant and becomes an accrued
benefit of such divorced spouse, determined and
payable upon the earlier of the retirement of
the participant, the participant’s death, or the
termination of the plan, except to the extent
that a qualified domestic relations order in con-
nection with such divorce provides otherwise.
376
‘‘(B) 
LIMITATION.—Subparagraph 
(A)
shall not be construed—
‘‘(i) to require a plan to provide any
type or form of benefit, or any option, not
otherwise provided under the plan,
‘‘(ii) to require the plan to provide in-
creased benefits (determined on the basis
of actuarial value),
‘‘(iii) to require the payment of bene-
fits to the divorced spouse which are re-
quired to be paid to another individual in
accordance with this paragraph or pursu-
ant to a domestic relations order previously
determined to be a qualified domestic rela-
tions order, or
‘‘(iv) to require payment of benefits to
the divorced spouse in the form of a quali-
fied joint and survivor annuity to the di-
vorced spouse and his or her subsequent
spouse.
‘‘(C) DEFINITIONS.—For purposes of this
paragraph—
‘‘(i) DOMESTIC
RELATIONS
ORDER;
QUALIFIED
DOMESTIC
RELATIONS
ORDER.—The terms ‘domestic relations
377
order’ and ‘qualified domestic relations
order’ shall have the meanings provided in
section 414(p).
‘‘(ii) MARITAL
SHARE.—The term
‘marital share’ means, in connection with
an accrued benefit under a pension plan,
the product derived by multiplying—
‘‘(I) the actuarial present value
of the accrued benefit, by
‘‘(II) a fraction, the numerator of
which is the period of time, during the
marriage between the spouse and the
participant in the plan, which con-
stitutes creditable service by the par-
ticipant under the plan, and the de-
nominator of which is the total period
of time which constitutes creditable
service by the participant under the
plan.
‘‘(iii) QUALIFIED JOINT AND SURVI-
VOR ANNUITY.—The term ‘qualified joint
and survivor annuity’ has the meaning pro-
vided in section 417(b).
378
‘‘(D) REGULATIONS.—In prescribing regu-
lations under this paragraph, the Secretary
shall consult with the Secretary of Labor.’’; and
(B) in the last sentence, by striking ‘‘and
(20)’’ and inserting ‘‘(20), and (32)’’.
(2) CONFORMING AMENDMENTS.—
(A) 
Subparagraph 
(B) 
of 
section
401(a)(13) of such Code (relating to special
rules for domestic relations orders) is amended
by inserting ‘‘or if such creation, assignment, or
recognition pursuant to such order is necessary
for compliance with the requirements of para-
graph (32)’’ before the period.
(B) Subsection (p) of section 414 of such
Code (defining qualified domestic relations or-
ders) is amended—
(i) in paragraph (3)(C), by inserting
‘‘or to a divorced spouse of the participant
in connection with a previously occurring
divorce 
as 
required 
under 
section
401(a)(32)’’ before the period; and
(ii) in paragraph (7)(C), by striking
‘‘if there had been no order’’ and inserting
‘‘in accordance with section 401(a)(32) as
379
if there had been no qualified domestic re-
lations order’’.
(b) AMENDMENTS TO THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974.—
(1) IN
GENERAL.—Section 206 of Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1056) is amended by adding at the end the following
new subsection:
‘‘(e)(1) In the case of a divorce of a participant in
a pension plan from a spouse who is, immediately before
the divorce, a beneficiary under the plan, the plan shall
provide that at least 50 percent of the marital share of
the accrued benefit of the participant under the plan
ceases to be an accrued benefit of such participant and
becomes an accrued benefit of such divorced spouse, deter-
mined and payable upon the earlier of the retirement of
the participant, the participant’s death, or the termination
of the plan, except to the extent that a qualified domestic
relations order in connection with such divorce provides
otherwise.
‘‘(2) Paragraph (1) shall not be construed—
‘‘(A) to require a plan to provide any type or
form of benefit, or any option, not otherwise pro-
vided under the plan,
380
‘‘(B) to require the plan to provide increased
benefits (determined on the basis of actuarial value),
‘‘(C) to require the payment of benefits to the
divorced spouse which are required to be paid to an-
other individual in accordance with this subsection
or pursuant to a domestic relation order previously
determined to be a qualified domestic relations
order, or
‘‘(D) to require payment of benefits to the di-
vorced spouse in the form of a joint and survivor an-
nuity to the divorced spouse and his or her subse-
quent spouse.
‘‘(3) For purposes of this subsection—
‘‘(A) The terms ‘domestic relations order’ and
‘qualified domestic relations order’ shall have the
meanings provided in subsection (d)(3)(B).
‘‘(B) The term ‘marital share’ means, in con-
nection with an accrued benefit under a pension
plan, the product derived by multiplying—
‘‘(i) the actuarial present value of the ac-
crued benefit, by
‘‘(ii) a fraction—
‘‘(I) the numerator of which is the pe-
riod of time, during the marriage between
the spouse and the participant in the plan,
381
which constitutes creditable service by the
participant under the plan, and
‘‘(II) the denominator of which is the
total period of time which constitutes cred-
itable service by the participant under the
plan.
‘‘(C) The term ‘qualified joint and survivor an-
nuity’ shall have the meaning provided in section
205(d).
‘‘(4) In prescribing regulations under this subsection,
the Secretary shall consult with the Secretary of the
Treasury.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
206(d) of such Act (29 U.S.C. 1056(d)) is amend-
ed—
(A) in the first sentence of paragraph (3),
by inserting ‘‘or if such creation, assignment, or
recognition pursuant to such order is necessary
for compliance with the requirements of sub-
section (e)’’ before the period;
(B) in paragraph (3)(D)(iii), by inserting
‘‘or to a divorced spouse of the participant in
connection with a previously occurring divorce
as required under subsection (e)’’ before the pe-
riod; and
382
(C) in paragraph (3)(H)(iii), by striking
‘‘if there had been no order’’ and inserting ‘‘in
accordance with subsection (e) as if there had
been no qualified domestic relations order’’.
SEC. 506. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act, other than section
502, shall apply with respect to plan years beginning on
or after January 1, 1994, and the amendments made by
section 505 shall apply only with respect to divorces be-
coming final in such plan years.
(b) SPECIAL RULE FOR COLLECTIVELY BARGAINED
PLANS.—In the case of a plan maintained pursuant to 1
or more collective bargaining agreements between em-
ployee representatives and 1 or more employers ratified
on or before the date of the enactment of this Act, sub-
section (a) shall be applied to benefits pursuant to, and
individuals covered by, any such agreement by substituting
for ‘‘January 1, 1994’’ the date of the commencement of
the first plan year beginning on or after the earlier of—
(1) the later of—
(A) January 1, 1994, or
(B) the date on which the last of such col-
lective bargaining agreements terminates (de-
termined without regard to any extension there-
384
11016(d) of the Single-Employer Pension Plan Amend-
ments Act of 1986 (100 Stat. 275), shall undertake a
thorough study with respect to alternative methods of re-
quiring employee pension benefit plans to provide cost-of-
living and other adjustments to benefits payable under
such plans.
(b) MATTERS TO BE STUDIED.—The Comptroller
General, in carrying out the study provided for in this sec-
tion, shall address, analyze, and report specifically on—
(1) the effect inflation is having and may be ex-
pected to have on women receiving private pension
benefits as either plan participants or beneficiaries,
(2) the number of plans which provide for cost-
of-living or other adjustments to benefits,
(3) the manner in which plans providing for
such adjustments determine when, and for whom, an
adjustment will be made,
(4) the frequency with which other plans make
cost-of-living and other benefit adjustments, and
how the determination to make such adjustments is
made,
(5) the possible application of funds currently
available for employer reversions for cost-of-living
and other benefit adjustments, and
385
(6) the costs incurred in requiring such adjust-
ments to benefits.
(c) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committee on Ways and Means and the
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Finance and the Com-
mittee on Labor and Human Resources of the Senate a
report of the findings of the study provided for by this
section, together with any recommendations the Comptrol-
ler General considers appropriate.
SEC. 508. STUDY ON PENSION PORTABILITY.
(a) STUDY BY GENERAL ACCOUNTING OFFICE.—As
soon as possible after the date of the enactment of this
Act, the Comptroller General of the United States, in ac-
cordance with the authority provided under section
11016(d) of the Single-Employer Pension Plan Amend-
ments Act of 1986 (100 Stat. 275), shall undertake a
thorough study with respect to alternative pension port-
ability mechanisms, including mechanisms for promoting
portability of benefits, credited service, and current values
of cash distributions, for preserving and enhancing the
real value of deferred vested pension benefits.
386
(b) MATTERS TO BE STUDIED.—The Comptroller
General, in carrying out the study provided for in this sec-
tion, shall address, analyze, and report specifically on—
(1) the types of possible portability mechanisms
for both defined benefit plans and defined contribu-
tion plans,
(2) the manner in which, and extent to which,
each mechanism would preserve and enhance the
real value of deferred vested benefits,
(3) the most effective ways to ensure that re-
tirement money will be used for retirement,
(4) the measures necessary to be taken to effec-
tively ensure that the joint and survivor annuity
form of benefit will be preserved,
(5) the existing rules under the Employee Re-
tirement Income Security Act of 1974, the Internal
Revenue Code of 1986, and other applicable provi-
sions of law which can be considered portability
mechanisms, their effectiveness, and the frequency
of their use, and
(6) the costs of establishing effective portability
mechanisms for both defined benefit plans and de-
fined contribution plans.
(c) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Comptroller General shall
387
submit to the Committee on Ways and Means and the
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Finance and the Com-
mittee on Labor and Human Resources of the Senate a
report of the findings of the study provided for by this
section, together with any recommendations the Comptrol-
ler General considers appropriate.
SEC. 509. CLARIFICATION OF CONTINUED AVAILABILITY OF
REMEDIES RELATING TO MATTERS TREATED
IN DOMESTIC RELATIONS ORDERS ENTERED
BEFORE 1985.
(a) IN GENERAL.—In any case in which—
(1) under a prior domestic relations order en-
tered before January 1, 1985, in an action for di-
vorce—
(A) the right of a spouse under a pension
plan to an accrued benefit under such plan was
not divided between spouses,
(B) any right of a spouse with respect to
such an accrued benefit was waived without the
informed consent of such spouse, or
(C) the right of a spouse as a participant
under a pension plan to an accrued benefit
under such plan was divided so that the other
spouse received less than such other spouse’s
388
pro rata share of the accrued benefit under the
plan, or
(2) a court of competent jurisdiction determines
that any further action is appropriate with respect
to any matter to which a prior domestic relations
order entered before such date applies,
nothing in the provisions of section 104, 204, or 303 of
the Retirement Equity Act of 1984 (Public Law 98–397)
or the amendments made thereby shall be construed to
require or permit the treatment, for purposes of such pro-
visions, of a domestic relations order, which is entered on
or after the date of the enactment of this Act and which
supercedes, amends the terms of, or otherwise affects such
prior domestic relations order, as other than a qualified
domestic relations order solely because such prior domestic
relations order was entered before January 1, 1985.
(b) DEFINITIONS.—For purposes of this section—
(1) IN GENERAL.—Terms used in this section
which are defined in section 3 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C.
1002) shall have the meanings provided such terms
by such section.
(2) PRO
RATA
SHARE.—The term ‘‘pro rata
share’’ of a spouse means, in connection with an ac-
389
crued benefit under a pension plan, 50 percent of
the product derived by multiplying—
(A) the actuarial present value of the ac-
crued benefit, by
(B) a fraction—
(i) the numerator of which is the pe-
riod of time, during the marriage between
the spouse and the participant in the plan,
which constitutes creditable service by the
participant under the plan, and
(ii) the denominator of which is the
total period of time which constitutes cred-
itable service by the participant under the
plan.
(3) PLAN.—All pension plans in which a person
has been a participant shall be treated as one plan
with respect to such person.
Subtitle C—Social Security Reform
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ‘‘Social Security
Caregiver Act of 1993’’.
SEC. 602. INCREASE IN NUMBER OF YEARS DISREGARDED.
(a) IN GENERAL.—Section 215(b)(2) of the Social
Security Act (42 U.S.C. 415(b)(2)) is amended—
390
(1) by striking the period at the end of clause
(ii) of subparagraph (A) and inserting a comma;
(2) by striking ‘‘Clause (ii), once’’ after and
below clause (ii) of subparagraph (A) and inserting
the following:
‘‘and reduced further to the extent provided in subpara-
graph (B). Clause (ii), once’’;
(3) by striking ‘‘If an individual’’ in the matter
following clause (ii) of subparagraph (A) and all that
follows through the end of subparagraph (A);
(4) by redesignating subparagraph (B) as sub-
paragraph (F); and
(5) by inserting after subparagraph (A) the fol-
lowing new subparagraphs:
‘‘(B) Subject to subparagraph (C), in any case in
which—
‘‘(i) in any calendar year which is included in
an individual’s computation base years—
‘‘(I) such individual is living with a child
(of such individual or his or her spouse) under
the age of 12, or
‘‘(II) such individual is living with a child
(of such individual or his or her spouse), a par-
ent (of such individual or his or her spouse), or
such individual’s spouse while such child, par-
391
ent, or spouse is a chronically dependent indi-
vidual,
‘‘(ii) such calendar year is not disregarded pur-
suant to subparagraphs (A) and (E) (in determining
such individual’s benefit computation years) by rea-
son of the reduction in the number of such individ-
ual’s elapsed years under subparagraph (A), and
‘‘(iii) at any time during or after such calendar
year and on or before the date of the application by
such individual for benefits based on such individ-
ual’s wages and self-employment income, such indi-
vidual submits to the Secretary, in such form as the
Secretary shall prescribe by regulations, a written
statement that the requirements of clause (i) are
met with respect to such calendar year,
then the number by which such elapsed years are reduced
under this paragraph pursuant to subparagraph (A) shall
be increased by one (up to a combined total not exceeding
5) for each such calendar year.
‘‘(C)(i)(I) No calendar year shall be disregarded by
reason of subparagraph (B) (in determining such individ-
ual’s benefit computation years) unless the individual had
less than the applicable dollar amount (in effect for such
calendar year under this clause) of earnings as described
in section 203(f)(5) for such year.
392
‘‘(II) Except as otherwise provided in subclause (III),
the applicable dollar amount in effect under this clause
for any calendar year is $2,000.
‘‘(III) In each calendar year after 1993, the Sec-
retary shall determine and publish in the Federal Register,
on or before November 1 of such calendar year, the appli-
cable dollar amount which shall be effective under this
clause for the next calendar year. Such dollar amount shall
be equal to the larger of the applicable dollar amount
which is effective under this clause for the calendar year
in which such determination is made or, subject to
subclause (VII), the product described in subclause (IV).
‘‘(IV) The product described in this subclause is the
product derived by multiplying the applicable dollar
amount which is effective under this clause for the cal-
endar year in which the determination under subclause
(III) is made, by the ratio of the amount described in
subclause (V) to the amount described in subclause (VI).
‘‘(V) The amount described in this subclause is the
deemed average total wages (as defined in section
209(k)(1)) for the calendar year before the calendar year
in which the determination under subclause (III) is made.
‘‘(VI) The amount described in this subclause is the
deemed average total wages (as defined in section
209(k)(1)) for 1992 or, if later, the calendar year before
393
the most recent calendar year in which a determination
resulting in an increase in the applicable dollar amount
was made under subclause (III).
‘‘(VII) If the product described in subclause (IV) is
not a multiple of $1.00, such product shall be rounded
to the next higher multiple of $1.00 in any case in which
such product is a multiple of $0.50 but not of $1.00, and
to the nearest multiple of $1.00 in any other case.
‘‘(ii) No calendar year shall be disregarded by reason
of subparagraph (B) (in determining such individual’s
benefit computation years) in connection with a child re-
ferred to in subparagraph (B)(i)(I) (and not referred to
in subparagraph (B)(i)(II)) unless the individual was liv-
ing with the child substantially throughout the period in
such year in which the child was alive and under the age
of 12 in such year.
‘‘(iii) No calendar year shall be disregarded by reason
of subparagraph (B) (in determining such individual’s
benefit computation years) in connection with a child, par-
ent, or spouse referred to in subparagraph (B)(i)(II) un-
less the individual was living with such child, parent, or
spouse substantially throughout a period of 180 consecu-
tive days in such year throughout which such child, par-
ent, or spouse was a chronically dependent individual.
394
‘‘(iv) The particular calendar years to be disregarded
under this subparagraph (in determining such benefit
computation years) shall be those years (not otherwise dis-
regarded under subparagraph (A)) which, before the appli-
cation of subsection (f), meet the conditions of the preced-
ing provisions of this subparagraph.
‘‘(v) This subparagraph shall apply only to the extent
that its application would not result in a lower primary
insurance amount.
‘‘(D)(i) For purposes of this paragraph, the term
‘chronically dependent individual’ means an individual
who—
‘‘(I) is dependent on a daily basis on another
person who is living with the individual and is assist-
ing the individual without monetary compensation in
the performance of at least 2 of the activities of
daily living (described in clause (ii)), and
‘‘(II) without such assistance could not perform
such activities of daily living.
‘‘(ii) The ‘activities of daily living’, referred to in
clause (i), are the following:
‘‘(I) Eating.
‘‘(II) Bathing.
‘‘(III) Dressing.
‘‘(IV) Toileting.
395
‘‘(V) Transferring in and out of a bed or in and
out of a chair.
‘‘(E) The number of an individual’s benefit computa-
tion years as determined under this paragraph shall in no
case be less than 2.’’.
SEC. 603. EFFECTIVE DATE AND RELATED PROVISIONS.
(a) IN GENERAL.—The amendments made by this
Act shall apply only with respect to computation base
years after 1982, and only with respect to benefits payable
for months after December 1993.
(b) NOTICE AND PROCEDURES.—
(1) 60-DAY GRACE PERIOD AFTER INITIAL ISSU-
ANCE OF FINAL REGULATIONS FOR CURRENT BENE-
FICIARIES AND APPLICANTS.—The requirements of
clause (iii) of section 215(b)(2)(B) of the Social Se-
curity Act (as amended by this Act) shall be treated
as satisfied, in the case of a statement—
(A) which is filed by an individual who is,
as of the date of the first issuance in final form
of the regulations required under such clause, a
recipient of monthly benefits under section
202(a) or 223 of the Social Security Act, or an
applicant for such benefits, and
396
(B) with respect to which the requirements
of such clause would be met but for the date of
the filing of such statement,
if such statement is submitted to the Secretary of
Health and Human Services not later than 60 days
after the date of the first issuance in final form of
such regulations.
(2) NOTICE REQUIREMENTS.—
(A) NOTICE TO CURRENT BENEFICIARIES
AND
APPLICANTS.—The Secretary of Health
and Human Services shall issue, not later than
the date of the first issuance in final form of
the regulations required under clause (iii) of
section 215(b)(2)(B) of the Social Security Act
(as amended by this Act), regulations establish-
ing procedures to ensure that—
(i) persons who are, as of such date,
recipients of monthly benefits under sec-
tion 202(a) or 223 of the Social Security
Act, or applicants for such benefits, are
fully informed of the amendments made by
this Act; and
(ii) such persons are invited to com-
ply, and given a reasonable opportunity to
comply, with the requirements of section
397
215(b)(2)(B)(iii) of the Social Security Act
(as amended by this Act), as provided in
paragraph (1).
Upon receiving from a recipient described in
clauses (i) and (ii) a written statement referred
to in clause (iii) of section 215(b)(2)(B) of the
Social Security Act (as amended by this Act)
with respect to which the requirements of such
clause are treated as satisfied, the Secretary
shall redetermine the amount of such benefits
to the extent necessary to take into account the
amendments made by this Act (and if such re-
determination results in an increase in such
amount the increase shall be effective as pro-
vided in subsection (a)).
(B) NOTICE
TO
FUTURE
APPLICANTS.—
Such regulations required under subparagraph
(A) shall also provide procedures to ensure that
applicants for benefits under section 202(a) or
223 of the Social Security Act are given the op-
portunity, at the time of their application, to in-
dicate and verify any additional years which
may be disregarded under section 215(b)(2)(B)
of the Social Security Act (as amended by this
Act).
398
SEC. 604. 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)’’.
399
(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-
400
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)(2), and
202(f)(5)’’ 
and 
inserting 
‘‘and
202(f)(1)(B)(2)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to benefits for months
after December 1993 for which applications are filed or
pending on or after January 1, 1994.
401
SEC. 605. FULL BENEFITS FOR DISABLED WIDOWS AND
WIDOWERS WITHOUT REGARD TO AGE.
(a) ELIGIBILITY FOR WIDOW’S INSURANCE BENE-
FITS.—Section 202(e) of the Social Security Act (42
U.S.C. 402(e)) is amended—
(1) in paragraph (1)(B), by striking ‘‘has at-
tained age 50 but has not attained age 60 and’’;
(2) in paragraph (3)(A), by striking ‘‘after at-
taining age 50 if she was entitled before such mar-
riage occurred’’ and inserting ‘‘after having been en-
titled’’; and
(3) in paragraph (3)(B), by striking ‘‘after at-
taining age 50’’.
(b) ELIGIBILITY OF WIDOWER’S INSURANCE BENE-
FITS.—Section 202(f) of such Act (42 U.S.C. 402(f)) is
amended—
(1) in paragraph (1)(B), by striking ‘‘has at-
tained age 50 but has not attained age 60 and’’;
(2) in paragraph (3)(A), by striking ‘‘after at-
taining age 50 if he was entitled before such mar-
riage occurred’’ and inserting ‘‘after having been en-
titled’’; and
(3) in paragraph (3)(B), by striking ‘‘after at-
taining age 50’’.
402
SEC. 606. EXEMPTION FROM REDUCTIONS IN BENEFITS.
Section 202(q) of the Social Security Act (42 U.S.C.
402(q)) is amended—
(1) in paragraph (3)(A), by striking ‘‘age 50’’
and inserting ‘‘age 60’’; and
(2) by adding at the end the following new
paragraph:
‘‘(12) Notwithstanding any other provision of this
section, there shall be no reduction under this subsection
in the widow’s or widower’s insurance benefit of an indi-
vidual for any month in which such individual is under
a disability (as defined in section 223(d)); and none of
the provisions of this subsection shall apply with respect
to such benefit even though such benefit may have been
so reduced prior to the onset of such disability.’’.
SEC. 607. EFFECTIVE DATE AND REDETERMINATION OF
BENEFITS.
The amendments made by this Act shall apply with
respect to monthly insurance benefits payable under title
II of the Social Security Act for months after the month
in which this Act is enacted. The Secretary of Health and
Human Services (without the necessity of any application
therefor) shall redetermine the amount of any widow’s or
widower’s insurance benefit which is payable for the
month in which this Act is enacted in order to reflect such
amendments as provided in the preceding sentence.
403
Subtitle D—Former Military
Spouses Protection
SEC. 701. APPLICABILITY TO PREVIOUS DIVORCES OF
CHANGE IN RULES FOR COMPUTING MAXI-
MUM FORMER SPOUSE SHARE OF MILITARY
RETIRED PAY.
(a) CHANGE IN APPLICABILITY.—Paragraph (2) of
section 555(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1570) is amended to read as follows:
‘‘(2) The amendments made by subsections (b), (c),
and (d) apply to divorces, dissolutions of marriage, annul-
ments, and legal separations that become effective at any
time, whether before, on, or after the date of the enact-
ment of this Act.’’.
(b) EFFECTIVE DATE OF CHANGES.—Any change in
payments of military retired or retainer pay by reason of
subsection (a) may apply only to payments of military re-
tired or retainer pay payable for months beginning after
the end of the 90-day period beginning on the date of the
enactment of this Act.
404
Subtitle E—Unremunerated Work
Act
SEC. 801. SHORT TITLE.
This subtitle may be cited as the ‘‘Unremunerated
Work Act of 1993’’.
SEC. 802. FINDINGS.
The Congress finds the following:
(1) Women perform 2⁄3 of the work in the world
relating to the production of goods and services.
(2) The United Nations General Assembly in
1985 adopted a resolution which included part of the
Forward Looking Strategies for the Advancement of
Women, which states that ‘‘the remunerated and, in
particular, the unremunerated contributions of
women to all aspects and sectors of development
should be recognized, and appropriate efforts should
be made to measure and reflect these contributions
in national accounts and economic statistics and in
the gross national product’’.
(3) The resolution also states that ‘‘concrete
steps should be taken to quantify the unremunerated
contribution of women to agriculture, food produc-
tion, reproduction, and household activities’’.
405
(4) The unremunerated contribution by women
to the economy of the United States should be rec-
ognized.
SEC. 
803. 
CALCULATION 
OF 
MONETARY 
VALUE 
OF
UNREMUNERATED WORK.
(a) TIME
USE
SURVEYS
OF
UNREMUNERATED
WORK.—The Commissioner of the Bureau of Labor Sta-
tistics shall periodically conduct time use surveys of
unremunerated work performed in the United States, in-
cluding household work, work related to child care and
other care services, agricultural work, work related to food
production, work related to family businesses, and volun-
teer work.
(b) 
MONETARY
VALUE
OF
UNREMUNERATED
WORK.—On the basis of the time use surveys of
unremunerated work conducted under subsection (a), the
Commissioner shall calculate the monetary value of such
unremunerated work. Separate monetary values shall be
calculated for men and women.
(c) INCLUSION IN GROSS NATIONAL PRODUCT.—Be-
ginning three years after the date of the enactment of this
Act, the monetary value of the unremunerated work cal-
culated pursuant to subsection (b) shall be included in sta-
tistics used to determine the annual gross national product
of the United States.
406
(d) METHOD OF CALCULATION.—Not later than 90
days after the date of the enactment of this Act, the Com-
missioner shall submit a report to the Congress describing
the method by which the Commissioner will conduct time
use surveys of unremunerated work performed in the
United States and calculate the monetary value of such
unremunerated work.
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