Title: Anthony Gonzales Equality for Survivors (AGES) Act
Policy area: Social Welfare

Summary:
Anthony Gonzales Equality for Survivors (AGES) Act
This bill establishes an alternative method for meeting the nine-month marriage requirement for certain survivors to receive benefits under the Old Age, Survivors, and Disability Insurance benefits program. Specifically, the bill applies with respect to a marriage that would not have been recognized by federal law before June 26, 2013 (the date upon which the Supreme Court ruled that same-sex couples are entitled to federal benefits).

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2247 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2247

   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

                             April 28, 2017

Ms. Michelle Lujan Grisham of New Mexico 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 equal 
treatment of individuals in same-sex marriages, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anthony Gonzales Equality for 
Survivors (AGES) Act''.

SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE SOCIAL SECURITY ACT.

    (a) In General.--Section 216(h)(1)(A)(i) of the Social Security Act 
(42 U.S.C. 416(h)(1)(A)(i)) is amended by striking ``is domiciled'' and 
all that follows through ``the District of Columbia,'' and inserting 
``and such applicant 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, STEPCHILDREN, 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;
            (4) by inserting after paragraph (2) the following:
            ``(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 purposes 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 husband of such 
                individual under subsection (h)(1)(A)(ii))--
                            ``(I) if such widow or widower is domiciled 
                        in a State that recognized same-sex marriages 
                        as of June 26, 2013, during the 9-month period 
                        beginning with June 26, 2013; and
                            ``(II) if such widow or widower is 
                        domiciled in any other State--
                                    ``(aa) during the 9-month period 
                                beginning with June 26, 2013; or
                                    ``(bb) during the 9-month period 
                                beginning with June 26, 2015, or if 
                                earlier, the first date on which such 
                                State recognized same-sex marriages; 
                                and
                    ``(ii) provides a sworn affidavit that the widow or 
                widower was in a domestic partnership with such 
                individual 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 individual 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 as of 
                        June 26, 2013, during the 9-month period 
                        beginning with June 26, 2013; and
                            ``(II) if such parent is domiciled in any 
                        other State--
                                    ``(aa) during the 9-month period 
                                beginning with June 26, 2013; or
                                    ``(bb) during the 9-month period 
                                beginning with June 26, 2015, or if 
                                earlier, the first date on which such 
                                State recognized same-sex marriages; 
                                and
                    ``(ii) provides a sworn affidavit that such parent 
                was in a domestic partnership with such individual 
                throughout the 9-month period ending on the date of the 
                individual's death;''; and
            (5) by adding at the end the following: ``For purposes of 
        this subsection, the term `same-sex marriage' shall include a 
        civil union, registered domestic partnership, and any other 
        legal relationship treated by the Commissioner as a marital 
        relationship for purposes of determining eligibility for 
        spousal benefits under this title.''

SEC. 4. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
conduct a comprehensive and effective 3-year outreach 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 occurring 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 December 31 of each of the 
first 3 calendar years beginning after the date of the enactment of 
this Act, 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 outreach 
        activities conducted by the Commissioner of Social Security 
        under subsection (a) during the preceding year;
            (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 marriage and occurring on or after June 
        26, 2013, including this Act and the amendments made thereby, 
        in the preceding year; and
            (3) the number of such applications which resulted in 
        entitlement to benefits.
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