Title: Fair Social Security for Domestic Violence Survivors Act
Policy area: Social Welfare

Summary:
Fair Social Security for Domestic Violence Survivors Act
This bill decreases for certain victims of domestic violence the number of years an individual must be married before a divorce to be eligible for spousal Social Security benefits based on the divorced spouse's work record.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7020 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7020

  To amend title II of the Social Security Act to modify the 10-year 
  marriage rule relating to spouse's and surviving spouse's insurance 
    benefits in cases of domestic violence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2022

    Mr. Delgado (for himself and Mr. Joyce of Ohio) 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 modify the 10-year 
  marriage rule relating to spouse's and surviving spouse's insurance 
    benefits in cases of domestic violence, 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 ``Fair Social Security for Domestic 
Violence Survivors Act''.

SEC. 2. MODIFICATION OF 10-YEAR MARRIAGE RULE IN CASES OF DOMESTIC 
              VIOLENCE.

    (a) In General.--Section 216(d) of the Social Security Act (42 
U.S.C. 416(d)) is amended by adding at the end the following:
            ``(9)(A) In the case of a divorced woman described in 
        paragraph (1) or (2) or a divorced man described in paragraph 
        (4) or (5) who provides to the Commissioner of Social Security 
        a finding made by a court of law that the divorced woman or 
        divorced man was the victim of domestic violence committed by 
        the spouse during the course of the marriage, such paragraph as 
        may be applicable with respect to such divorced woman or 
        divorced man shall be applied for purposes of this title by 
        substituting `5 years' for `10 years'.
            ``(B) For purposes of subparagraph (A), the term `domestic 
        violence' has the meaning given such term in section 40002(a) 
        of the Violence Against Women Act of 1994.''.
    (b) Termination of Wife's Insurance Benefits.--Section 202(b) of 
the Social Security Act (42 U.S.C. 402(b)) is amended by adding at the 
end the following:
    ``(5) In the case of any divorced wife who provides to the 
Commissioner of Social Security a finding made by a court of law that 
the divorced wife was the victim of domestic violence (as defined in 
section 216(d)(9)(B)) committed by the spouse during the course of the 
marriage, clause (ii) of paragraph (1)(G) shall be applied by 
substituting `5 years' for `10 years'.''.
    (c) Termination of Husband's Insurance Benefits.--Section 202(c) of 
the Social Security Act (42 U.S.C. 402(c)) is amended by adding at the 
end the following:
    ``(5) In the case of any divorced husband who provides to the 
Commissioner of Social Security a finding made by a court of law that 
the divorced husband was the victim of domestic violence (as defined in 
section 216(d)(9)(B)) committed by the spouse, clause (ii) of paragraph 
(1)(G) shall be applied by substituting `5 years' for `10 years'.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to monthly insurance benefits for months beginning 
at least 18 months after the date of enactment of this Act.
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