[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1956 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1956

 To amend sections 226 and 226A of the Social Security Act to provide 
  for entitlement to Medicare benefits of any divorced individual who 
 otherwise would be so entitled on the basis of entitlement to wife's, 
husband's, widow's, or widower's insurance benefits but for the failure 
 to meet the 10-year marriage requirement, if such individual has been 
  married to any 2 fully-insured individuals for a total period of 10 
                                 years.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 1997

   Mr. Sabo introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend sections 226 and 226A of the Social Security Act to provide 
  for entitlement to Medicare benefits of any divorced individual who 
 otherwise would be so entitled on the basis of entitlement to wife's, 
husband's, widow's, or widower's insurance benefits but for the failure 
 to meet the 10-year marriage requirement, if such individual has been 
  married to any 2 fully-insured individuals for a total period of 10 
                                 years.

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

SECTION 1. ENTITLEMENT TO MEDICARE BENEFITS OF DIVORCED INDIVIDUALS ON 
              THE BASIS OF MARRIAGE TO ANY 2 FULLY INSURED INDIVIDUALS 
              FOR A TOTAL PERIOD OF 10 YEARS.

    (a) In General.--Section 226(e)(1) of the Social Security Act (42 
U.S.C. 426(e)(1)) is amended by adding at the end the following:
    ``(C)(i) In the case of an individual--
            ``(I) who is divorced,
            ``(II) who fails to meet the requirements for entitlement 
        to wife's, husband's, widow's, or widower's insurance benefits 
        (other than filing an application therefor) solely by reason of 
        the individual's failure to have been married at the time of 
        divorce for the 10-year period required under paragraph (1) or 
        (4) of section 216(d), and
            ``(III) whose total period of marriage to any 2 spouses who 
        were fully insured at the time of the termination of the 
        respective marriages is at least 10 years,
such individual shall be treated, solely for purposes of determining 
entitlement under this section, as entitled to such wife's, husband's, 
widow's, or widower's insurance benefits.
    ``(ii) The Commissioner of Social Security shall make the 
determination of whether an individual meets the requirements for 
treatment under this subparagraph as being entitled to wife's, 
husband's, widow's, or widower's insurance benefits upon the filing by 
such individual of an application for such treatment and shall transmit 
the Commissioner's determination to the Secretary. An individual's 
treatment as being so entitled shall commence with the month following 
the month in which the Commissioner's determination that the individual 
meets such requirements is made.''.
    (b) Entitlement Based on End Stage Renal Disease.--Section 226A of 
such Act (42 U.S.C. 426-1) is amended by adding at the end the 
following:
    ``(d)(1) In the case of an individual--
            ``(A) who is divorced,
            ``(B) who fails to meet the requirements for entitlement to 
        wife's, husband's, widow's, or widower's insurance benefits 
        (other than filing an application therefor) solely by reason of 
        the individual's failure to have been married at the time of 
        divorce for the 10-year period required under paragraph (1) or 
        (4) of section 216(d), and
            ``(C) whose total period of marriage to any 2 spouses who 
        were fully insured at the time of the termination of marriage 
        is at least 10 years,
such individual shall be treated, solely for purposes of determining 
entitlement under this section, as entitled to such wife's, husband's, 
widow's, or widower's insurance benefits.
    ``(2) The Commissioner of Social Security shall make the 
determination of whether an individual meets the requirements for 
treatment under this subsection as being entitled to wife's, husband's, 
widow's, or widower's insurance benefits upon the filing by such 
individual of an application for such treatment and shall transmit the 
Commissioner's determination to the Secretary. An individual's 
treatment as being so entitled shall commence with the month following 
the month in which the Commissioner's determination that the individual 
meets such requirements is made.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
determinations made by the Commissioner of Social Security after the 
date of the enactment of this Act pursuant to section 226(e)(1)(C)(ii) 
or 226A(d)(2) of the Social Security Act (added by this Act).
                                 <all>