To amend title II of the Social Security Act to provide for treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to benefits under such title.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity in Social Security Act of 
2010''.

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 applicant to such benefit and the 
        application designates, for treatment as such a marriage for 
        purposes 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 purposes of this title as a marriage of 
                such individuals; and
                    ``(ii) each female party to such arrangement 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 
                connection with such arrangement).
            ``(B) An arrangement between individuals of the same gender 
        shall be treated as a former marriage 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 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 arrangement (referencing the other 
                party as such individual'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 
                arrangement (referencing the other party as the 
                applicant's divorced spouse in connection with such 
                arrangement).
            ``(C) In any case in which the Commissioner determines 
        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 
        arrangement shall be treated as a marriage of such individuals 
        for purposes of any provision of such section providing for 
        termination of such entitlement upon marriage or remarriage.
            ``(D) Upon receipt by the Commissioner of an application by 
        (or on behalf of) an individual for a benefit under this title 
        containing certification by (or on behalf of) the applicant, 
        submitted in such form and manner as shall be prescribed in 
        such regulations, that the applicant is a stepchild or adopted 
        child of an individual who is or was a party to an arrangement 
        consisting of a permanent partnership, if such arrangement is 
        treated as a marriage under subparagraph (A) and, under the 
        laws of the domicile of the applicant, the applicant is, at the 
        time of such application, treated as a stepchild or adopted 
        child of such party to such arrangement, the applicant shall be 
        treated as such a stepchild or adopted child of such party 
        (referencing such party as a parent of the applicant).
            ``(E) Upon receipt by the Commissioner of an application by 
        (or on behalf of) an individual for a benefit under this title 
        containing certification by (or on behalf of) the applicant, 
        submitted in such form and manner as shall be prescribed in 
        such regulations, that the applicant is or was a party to an 
        arrangement consisting of a permanent partnership and that the 
        applicant is a parent of an individual who is a stepchild or 
        adopted child of the applicant with respect to such 
        arrangement, if such arrangement is treated as a marriage under 
        subparagraph (A) and, under the laws of the domicile of the 
        applicant, the applicant is, at the time of such application, 
        treated as a parent of such individual with respect to such 
        arrangement, the applicant shall be treated as such a parent of 
        such individual (referencing such individual as a stepchild or 
        adopted child of the applicant).
    ``(2) For purposes of this subsection, the term `permanent 
partnership' means, in connection with any individual, a committed, 
intimate arrangement which is between such individual and another 
individual who have both attained 18 years of age and which has been 
recognized and certified as legally valid by the State of domicile of 
the applicant, in any case in which--
            ``(A) each such individual intends a lifelong commitment to 
        the other;
            ``(B) such individuals are financially interdependent;
            ``(C) such individuals are unable to contract with each 
        other a marriage cognizable under this title (other than as 
        provided in this subsection);
            ``(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 provided in this 
        subsection) to, nor in a relationship described in the 
        preceding provisions of this paragraph with, any third 
        individual.
    ``(3) The Commissioner shall prescribe such regulations as are 
necessary to carry out the provisions of this subsection. In 
prescribing such regulations, the Commissioner 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 
2011 for which applications are filed after December 31, 2011, and with 
respect to lump-sum death payments in connection with deaths occuring 
after such date.

Summary: Equity in Social Security Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize the treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to OASDI benefits.