I 
111TH CONGRESS 
1ST SESSION 
H. R. 773 
To amend title II of the Social Security Act to provide for increases in 
widow’s and widower’s insurance benefits by reason of delayed retirement. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2009 
Mrs. LOWEY 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 
for increases in widow’s and widower’s insurance benefits 
by reason of delayed retirement. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. INCREASE IN WIDOW’S AND WIDOWER’S INSUR-
ANCE BENEFITS BY REASON OF DELAYED RE-
TIREMENT. 
(a) DELAYED RETIREMENT CREDIT FOR WIDOW’S 
AND WIDOWER’S BENEFITS.— 
(1) IN GENERAL.—Section 202(w) of the Social 
Security Act (42 U.S.C. 402(w)) is amended— 
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(A) in paragraph (1) by striking ‘‘old-age 
insurance benefit’’ and inserting ‘‘old-age, wid-
ow’s, or widower’s insurance benefit’’; 
(B) in paragraph (2), by striking ‘‘the 
number of increment months for any indi-
vidual’’ in the matter preceding subparagraph 
(A) and inserting ‘‘the number of increment 
months for any individual to whom an old-age, 
widow’s, or widower’s insurance benefit is pay-
able as described in paragraph (1)’’; and 
(C) by striking ‘‘and’’ at the end of para-
graph (2)(A), and by striking paragraph (2)(B) 
and inserting the following: 
‘‘(B) with respect to which— 
‘‘(i) in the case of an individual to whom 
an old-age insurance benefit is payable, such in-
dividual was a fully insured individual (as de-
fined in section 214(a)) and— 
‘‘(I) was not entitled to such a ben-
efit, or 
‘‘(II) was so entitled but did not re-
ceive benefits pursuant to a request by 
such individual that benefits not be paid, 
or 
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‘‘(ii) in the case of an individual to whom 
a widow’s or widower’s insurance benefit is pay-
able, such individual satisfied subparagraphs 
(A), (B), and (D) of subsection (e)(1) or (f)(1) 
and— 
‘‘(I) was not entitled to such a ben-
efit, 
‘‘(II) was so entitled but suffered de-
ductions under section 203(b) or 203(c) in 
amounts equal to the amount of such ben-
efit, or 
‘‘(III) was so entitled but did not re-
ceive benefits pursuant to a request by 
such individual that benefits not be paid, 
and 
‘‘(C) with respect to which such individual was 
not subject to a penalty under section 1129A.’’. 
(2) CONFORMING
AMENDMENTS
TO
SECTION 
202(W).— 
(A) Section 202(w)(3) of such Act (42 
U.S.C. 402(w)(3)) is amended by striking ‘‘old- 
age’’ each place it appears and inserting ‘‘old- 
age, widow’s, or widower’s’’. 
(B) Section 202(w)(5) of such Act (42 
U.S.C. 402(w)(5)) is amended— 
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(i) by striking ‘‘If an individual’s pri-
mary insurance amount’’ and inserting ‘‘If 
the primary insurance amount on which an 
individual’s old-age, widow’s, or widower’s 
insurance benefit is based’’; 
(ii) by striking ‘‘old-age’’ each place it 
appears and inserting ‘‘old-age, widow’s, or 
widower’s’’; 
(iii) by striking ‘‘his primary insur-
ance amount’’ each place it appears and 
inserting ‘‘the primary insurance amount’’; 
and 
(iv) by striking ‘‘he’’ and ‘‘his’’ each 
place they appear and inserting ‘‘such indi-
vidual’’ and ‘‘such individual’s’’, respec-
tively. 
(C) Section 202(w)(6) of such Act (42 
U.S.C. 402(w)(6)) is amended— 
(i) by striking ‘‘old-age’’ each place it 
appears and inserting ‘‘old-age, widow’s, or 
widower’s’’; and 
(ii) by adding at the end (after and 
below subparagraph (D)) the following new 
sentence: 
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‘‘For purposes of this paragraph, an individual is deemed 
to become eligible for an old-age insurance benefit on the 
first day of the month in which such individual attains 
age 62, and for a widow’s or widower’s insurance benefit 
on the first day of the month in which such individual 
attains age 60.’’. 
(3) OTHER CONFORMING AMENDMENTS.— 
(A) Section 202(e)(2)(A) of such Act (42 
U.S.C. 402(e)(2)(A)) is amended by inserting 
‘‘subsection (w),’’ after ‘‘subsection (q),’’. 
(B) Section 202(f)(2)(A) of such Act (42 
U.S.C. 402(f)(2)(A)) is amended by inserting 
‘‘subsection (w),’’ after ‘‘subsection (q),’’. 
(b) TREATMENT
OF
DELAYED
RETIREMENT
IN 
CASES OF SIMULTANEOUS ENTITLEMENT TO OLD-AGE 
INSURANCE BENEFITS AND WIDOW’S OR WIDOWER’S IN-
SURANCE BENEFITS.—Section 202(w) of the Social Secu-
rity Act (42 U.S.C. 402(w)) is amended— 
(1) by striking ‘‘The amount’’ in paragraph (1) 
and inserting ‘‘Subject to paragraph (7), the 
amount’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(7) If for any month an individual is entitled (prior 
to the application of this subsection) both to an old-age 
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insurance benefit and to a widow’s or widower’s insurance 
benefit, the resulting increase (if any) in the amount of 
the widow’s or widower’s insurance benefit under para-
graph (1) shall be made (prior to the application of sub-
section (k)(3)(A)) in lieu of any increase in the amount 
of the old-age insurance benefit under such paragraph, un-
less— 
‘‘(A) the amount of such old-age insurance ben-
efit would be greater than the amount of such wid-
ow’s or widower’s insurance benefit after the appli-
cation of paragraph (1) to each such benefit, or 
‘‘(B) the increase which would otherwise be 
made under such paragraph in the amount of such 
old-age insurance benefit would result (under the 
language following subparagraph (F) in the first 
sentence of subsection (e)(1) or (f)(1)) in the termi-
nation of the individual’s entitlement to widow’s or 
widower’s insurance benefits.’’. 
SEC. 2. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to widow’s and widower’s insurance benefits 
(under section 202 (e) and (f) of the Social Security Act) 
for months after the month in which this Act is enacted. 
Æ 
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