I 
109TH CONGRESS 
2D SESSION 
H. R. 5152 
To provide for entitlement to dependents’ and survivors’ benefits under the 
old-age, survivors, and disability insurance program under title II of 
the Social Security Act based on permanent partnership as well as 
marriage. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2006 
Mr. NADLER (for himself, Ms. BALDWIN, Mr. BERMAN, Mr. CONYERS, Mr. 
CROWLEY, Mr. EMANUEL, Mr. FARR, Mr. FRANK of Massachusetts, Mr. 
GRIJALVA, Mr. KENNEDY
of Rhode Island, Mrs. MALONEY, Mr. 
MCDERMOTT, Mr. GEORGE MILLER of California, Mr. RANGEL, Mr. 
STARK, Mr. WAXMAN, and Ms. WOOLSEY) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To provide for entitlement to dependents’ and survivors’ ben-
efits under the old-age, survivors, and disability insur-
ance program under title II of the Social Security Act 
based on permanent partnership as well as marriage. 
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 ‘‘Equal Access to Social 
Security Act of 2006’’. 
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SEC. 2. DEFINITIONS RELATING TO PERMANENT PARTNER-
SHIP. 
(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: 
‘‘Definitions Relating to Permanent Partnership 
‘‘(m)(1) The term ‘permanent partnership’ means a 
committed, intimate relationship between 2 individuals 
who have attained 18 years of age, in any case in which— 
‘‘(A) each such individual intends a lifelong 
commitment to the other, 
‘‘(B) such individuals are financially inter-
dependent, 
‘‘(C) such individuals are unable to contract 
with each other a marriage cognizable under this 
title, 
‘‘(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 to, 
nor in a relationship described in the preceding pro-
visions of this paragraph with, any third individual. 
‘‘(2) The term ‘permanent partner’ means, in connec-
tion with any other individual (hereinafter referred to as 
the ‘other party’), any individual who is in a permanent 
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partnership with such other party, but only if such indi-
vidual— 
‘‘(A) is also a parent of such other party’s son 
or daughter, 
‘‘(B) was in a permanent partnership with such 
other party for a period of not less than one year 
immediately preceding the day on which such indi-
vidual’s application is filed, or 
‘‘(C) in the month prior to the month during 
which such permanent partnership commenced— 
‘‘(i) was entitled to, or on application 
therefor and attainment of age 62 in such prior 
month would have been entitled to, benefits 
under subsection (b), (c), (e), (f), or (h) of sec-
tion 202, 
‘‘(ii) had attained age 18 and was entitled 
to, or on application therefor would have been 
entitled to, benefits under subsection (d) of 
such section (subject, however, to section 
202(s)), or 
‘‘(iii) was entitled to, or upon application 
therefor and attainment of the required age (if 
any) would have been entitled to, a widow’s, 
widower’s, child’s (after attainment of age 18), 
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or parent’s insurance annuity under section 2 
of the Railroad Retirement Act of 1974. 
For purposes of subparagraph (B), an individual shall be 
deemed to have been in a permanent partnership with the 
other party for a period of one year throughout the month 
in which occurs the first anniversary of the commencement 
of such permanent partnership. 
‘‘(3)(A) The term ‘surviving permanent partner’ 
means, in connection with any other individual (herein-
after in this paragraph referred to as the ‘other party’), 
an individual who is the surviving permanent partner of 
such other party, but only if— 
‘‘(i) such individual is a parent of such other 
party’s son or daughter, 
‘‘(ii) such individual legally adopted such other 
party’s son or daughter while such individual was in 
a permanent partnership with such other party and 
while such son or daughter was under the age of 18, 
‘‘(iii) such other party legally adopted such in-
dividual’s son or daughter while such individual was 
in a permanent partnership with such other party 
and while such son or daughter was under the age 
of 18, 
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‘‘(iv) such individual was in a permanent part-
nership with such other party at the time both of 
them legally adopted a child under the age of 18, 
‘‘(v) as of the date of the death of such other 
party, such individual had been living with a child 
of such other party for a period of at least 1 year 
which began before such child attained the age of 
18, or such other party had been living with a child 
of such individual for at least such 1-year period, 
‘‘(vi) such individual was in a permanent part-
nership with such other party for a period of not 
less than 9 months immediately prior to the day on 
which such other party died, or 
‘‘(vii) in the month prior to the month in which 
the permanent partnership commenced— 
‘‘(I) such individual was entitled to, or on 
application therefor and attainment of age 62 
in such prior month would have been entitled 
to, benefits under subsection (b), (c), (e), (f), or 
(h) of section 202, 
‘‘(II) such individual had attained age 18 
and was entitled to, or on application therefor 
would have been entitled to, benefits under sub-
section (d) of such section (subject, however, to 
section 202(s)), or 
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‘‘(III) such individual was entitled to, or 
upon application therefor and attainment of the 
required age (if any) would have been entitled 
to, a widow’s, widower’s, child’s (after attain-
ment of age 18), or parent’s insurance annuity 
under section 2 of the Railroad Retirement Act 
of 1974. 
‘‘(B) The requirements of subparagraph (A)(vi) in 
connection with the surviving permanent partner of such 
other party shall be treated as satisfied if— 
‘‘(i) such other party had been married or in a 
permanent partnership prior to such other party’s 
entry into a permanent partnership with the sur-
viving permanent partner, 
‘‘(ii) the prior wife or prior permanent partner 
was institutionalized during such other party’s mar-
riage to the prior wife or permanent partnership 
with the prior permanent partner due to mental in-
competence or similar incapacity, 
‘‘(iii) during the period of the institutionaliza-
tion of the prior wife or prior permanent partner, 
such other party would have divorced the prior wife 
or terminated the permanent partnership with the 
prior permanent partner and entered into a perma-
nent partnership with the surviving permanent part-
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ner, but such other party did not do so because such 
divorce or termination would have been unlawful, by 
reason of the institutionalization of the prior wife or 
prior permanent partner, under the laws of the State 
in which such other party was domiciled at the time 
(as determined based on evidence satisfactory to the 
Commissioner of Social Security), 
‘‘(iv) the prior wife or prior permanent partner 
continued to remain institutionalized up to the time 
of the death of the prior wife or prior permanent 
partner, and 
‘‘(v) such other party entered into a permanent 
partnership with the surviving permanent partner 
within 60 days after the death of the prior wife or 
prior permanent partner. 
‘‘(4) The term ‘former permanent partner’ means, in 
connection with any other individual, an individual who 
has been in a permanent partnership with such other indi-
vidual, in any case in which either individual who was a 
party to such permanent partnership has certified to the 
Commissioner, in accordance with regulations issued 
under subsection (h)(1)(C)(ii), that such permanent part-
nership has terminated other than by reason of death, but 
only if such individuals have been in a permanent partner-
ship for a period of 10 years immediately before the date 
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of the termination of the partnership, as determined under 
such regulations. For purposes of subparagraph (C) of 
subsections (b)(1) and (c)(1) of section 202, a former per-
manent partner in connection with a terminated perma-
nent partnership shall be deemed not to be in such perma-
nent partnership throughout the month in which the per-
manent partnership terminates. 
‘‘(5) The term ‘surviving former permanent partner’ 
means, in connection with any other individual, an indi-
vidual— 
‘‘(A) who was in a permanent partnership with 
such other individual, in any case in which either in-
dividual who was a party to such permanent part-
nership has certified to the Commissioner, in accord-
ance with regulations issued under subsection 
(h)(1)(C)(ii), that such permanent partnership has 
terminated other than by reason of death, and 
‘‘(B) who has died, but only if such individuals 
had been in a permanent partnership for a period of 
10 years immediately before the date of the termi-
nation of the partnership, as determined under such 
regulations. 
‘‘(6) The term ‘surviving former permanent partner 
parent’ means, in connection with any other individual, an 
individual who was in a permanent partnership with such 
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other individual, in any case in which either individual who 
was a party to such permanent partnership certified to 
the Commissioner, in accordance with regulations issued 
under subsection (h)(1)(C)(ii), that such permanent part-
nership terminated other than by reason of death, and, 
subsequent to such certification, such other individual 
died, but only if— 
‘‘(A) the surviving individual is the mother or 
father of the son or daughter of the deceased indi-
vidual, 
‘‘(B) the surviving individual legally adopted 
the son or daughter of the deceased individual while 
both individuals were in the permanent partnership 
and while such son or daughter was under the age 
of 18, 
‘‘(C) the deceased individual legally adopted the 
son or daughter of the surviving individual while 
both individuals were in the permanent partnership 
and while such son or daughter was under the age 
of 18, 
‘‘(D) the surviving individual was in the perma-
nent partnership with the deceased individual at the 
time both of them legally adopted a child under the 
age of 18, or 
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‘‘(E) as of the date of the death of such the de-
ceased individual, the surviving individual had been 
living with a child of the deceased individual for a 
period of at least a 1-year which began before such 
child attained the age of 18, or the deceased indi-
vidual had been living with a child of the surviving 
individual for at least such 1-year period. 
‘‘(i) was entitled to, or on application 
therefor and attainment of age 62 in such prior 
month would have been entitled to, benefits 
under subsection (b), (c), (e), (f), or (h) of sec-
tion 202, 
‘‘(ii) had attained age 18 and was entitled 
to, or on application therefor would have been 
entitled to, benefits under subsection (d) of 
such section (subject, however, to section 
202(s)), or 
‘‘(iii) was entitled to, or upon application 
therefor and attainment of the required age (if 
any) would have been entitled to, a widow’s, 
widower’s, child’s (after attainment of age 18), 
or parent’s insurance annuity under section 2 
of the Railroad Retirement Act of 1974.’’. 
(b) CONFORMING AMENDMENT TO DEFINITION OF 
CHILD.—Section 216(e) of such Act (42 U.S.C. 416(e)) 
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is amended by adding at the end the following new sen-
tence: ‘‘For purposes of this title, the child of an individ-
ual’s permanent partner who has not been legally adopted 
by such individual shall be treated as a stepchild of such 
individual.’’. 
SEC. 3. DETERMINATION OF PERMANENT PARTNER STA-
TUS. 
Section 216(h)(1) of the Social Security Act (42 
U.S.C. 416(h)(1)) is amended— 
(1) in subparagraph (B)(iii), by inserting ‘‘or 
permanent partnership’’ after ‘‘marriage’’; 
(2) in subparagraph (B)(iv), by inserting ‘‘or 
previous permanent partnership’’ after ‘‘previous 
marriage’’ each place it appears in subclause (I), 
and by inserting ‘‘or purported permanent partner-
ship’’ after ‘‘purported marriage’’ in subclause (II); 
and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(C)(i) An applicant is the permanent partner or sur-
viving permanent partner of a fully or currently insured 
individual for purposes of this title if the Commissioner 
of Social Security finds that such applicant and such in-
sured individual were validly members of a permanent 
partnership at the time such applicant files such applica-
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tion or, if such insured individual is dead, at the time he 
died. 
‘‘(ii) Any 2 individuals shall not be treated as being 
in a permanent partnership with each other unless there 
is in effect, in accordance with regulations which shall be 
prescribed by the Commissioner, a written certification 
made by both such individuals to the Commissioner of the 
existence of such permanent partnership. A certification 
made to the Commissioner under this clause shall remain 
in effect until the earlier of the date of the death of either 
such individual or the date of a certification made by both 
such individuals, in accordance with such regulations, indi-
cating that such relationship has terminated other than 
by reason of death or, if earlier, the date on which the 
Commissioner otherwise determines that such permanent 
partnership has terminated. 
‘‘(D)(i) In any case where under subparagraph (C) 
an applicant is not the permanent partner or surviving 
permanent partner of a fully or currently insured indi-
vidual, or where under paragraph (2), (3), (4), or (5) of 
subsection (m) such applicant is not the permanent part-
ner, former permanent partner, surviving permanent part-
ner, or surviving former permanent partner of such indi-
vidual, but it is established to the satisfaction of the Com-
missioner of Social Security that such applicant in good 
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faith entered into an arrangement with such individual re-
sulting in a purported permanent partnership between 
them which, but for a legal impediment not known to the 
applicant at the time of the entry into such arrangement, 
would have been a valid permanent partnership, then, for 
purposes of subparagraph (C) and paragraphs (2), (3), 
(4), and (5) of subsection (m), such purported permanent 
partnership shall be deemed to be a valid permanent part-
nership. Notwithstanding the preceding sentence, in the 
case of any person who would be deemed under the pre-
ceding sentence a permanent partner or surviving perma-
nent partner of the insured individual, such purported per-
manent partnership shall not be deemed to be a valid per-
manent partnership unless the applicant and the insured 
individual were living in the same household at the time 
of the death of the insured individual or (if the insured 
individual is living) at the time the applicant files the ap-
plication. A purported permanent partnership that is 
deemed to be a valid permanent partnership by reason of 
the preceding sentence shall continue to be deemed a valid 
permanent partnership if the insured individual and the 
person entitled to benefits as the permanent partner of 
the insured individual are no longer living in the same 
household at the time of the death of such insured indi-
vidual. 
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‘‘(ii) The provisions of clause (i) shall not apply if 
the Commissioner of Social Security determines, on the 
basis of information brought to the Commissioner’s atten-
tion, that such applicant entered into such purported per-
manent partnership with such insured individual with 
knowledge that it would not be a valid permanent partner-
ship. 
‘‘(iii) The entitlement to a monthly benefit under sub-
section (b) or (c) of section 202, based on the wages and 
self-employment income of such insured individual, of a 
person who would not be deemed to be a permanent part-
ner of such insured individual but for this subparagraph, 
shall end with the month before the month in which such 
person enters into a permanent partnership or marriage, 
valid without regard to this subparagraph or subpara-
graph (B), with a person other than such insured indi-
vidual. 
‘‘(iv) For purposes of this subparagraph, a legal im-
pediment to the validity of a purported permanent part-
nership includes only an impediment (I) resulting from the 
lack of dissolution of a previous marriage or previous per-
manent partnership or otherwise arising out of such pre-
vious marriage or permanent partnership or its dissolu-
tion, or (II) resulting from a defect in the procedure fol-
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