[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4671 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4671

 To amend title II of the Social Security Act to improve benefits for 
aged survivors, disabled survivors, and divorced spouses, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2002

  Mr. Matsui (for himself, Mr. Rangel, Ms. DeLauro, Mr. Doggett, Mr. 
Cardin, Mr. Pomeroy, Mr. Becerra, Mr. Stark, Mr. Levin, Mr. McDermott, 
   Mr. Kleczka, Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr. 
  McNulty, Mrs. Thurman, Mr. Holden, Mr. Maloney of Connecticut, Mr. 
     Pallone, Ms. Brown of Florida, Ms. Kaptur, Mr. Pascrell, Ms. 
 Schakowsky, Mr. Filner, Mr. Brown of Ohio, Mrs. Capps, Mr. Kucinich, 
   Mr. Farr of California, Mr. Murtha, Mr. Sandlin, Mr. Kildee, Mr. 
Menendez, Ms. Millender-McDonald, Mr. Kind, Mr. Rodriguez, Mr. Nadler, 
 Mr. Kanjorski, Ms. Lee, Ms. Norton, Ms. Baldwin, Ms. Kilpatrick, Mrs. 
 Jones of Ohio, Mr. Thompson of California, Ms. Berkley, Ms. Lofgren, 
  Ms. Woolsey, Mrs. Lowey, Ms. Watson of California, Mr. Meehan, Ms. 
 McKinney, Mr. Dingell, Mr. Hinchey, Ms. McCollum, Ms. Slaughter, Ms. 
McCarthy of Missouri, Mr. Davis of Illinois, Mr. Bentsen, Mrs. Clayton, 
   Mr. Waxman, Mr. Baird, Mrs. Davis of California, and Mr. Bonior) 
 introduced the following bill; which was referred to the Committee on 
    Ways and Means, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Social Security Act to improve benefits for 
aged survivors, disabled survivors, and divorced spouses, 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 ``Social Security Widow's Benefit 
Guarantee Act of 2002''.

SEC. 2. INCREASE IN WIDOW'S AND WIDOWER'S INSURANCE BENEFITS.

    (a) Widow's Insurance Benefits.--Section 202(e) of the Social 
Security Act (42 U.S.C. 402(e)) is amended by adding at the end the 
following new paragraph:
    ``(10)(A) In any case in which the amount of a widow's insurance 
benefit (as determined under the preceding provisions of this section, 
taking into account applicable reductions under this section) for the 
application month of the widow (or surviving divorced wife) is less 
than the minimum benefit amount for such month determined under 
subparagraph (C), the amount of such benefit for such month and each 
succeeding month shall be increased to such minimum benefit amount (or 
the amount most recently established in lieu thereof under section 
215(i)).
    ``(B) For purposes of this paragraph, the term `application month' 
of a widow (or surviving divorced wife) means the month of the filing 
of her application for widow's insurance benefits.
    ``(C) For purposes of subparagraph (A), the minimum benefit amount 
determined under this subparagraph for the application month is an 
amount equal to the lesser of--
            ``(i) 75 percent of the sum of--
                    ``(I) the imputed deceased individual's benefit for 
                such month, as determined under subparagraph (D) or (E) 
                (as applicable), and
                    ``(II) the imputed survivor benefit for such month, 
                as determined under subparagraph (F), or
            ``(ii) the applicable increased benefit cap determined 
        under subparagraph (G) in connection with the widow's insurance 
        benefit.
    ``(D)(i) For purposes of subparagraph (C)(i)(I), if the deceased 
individual died in a month for which he was not entitled to any benefit 
under this title based on his wages or self-employment income or the 
wages and self-employment income of the widow (or surviving divorced 
wife), the imputed deceased individual's benefit for the application 
month is the sum of--
            ``(I) the imputed old-age insurance benefit (determined 
        under clause (ii)) of the deceased individual for the 
        application month (if any), and
            ``(II) the imputed husband's insurance benefit (determined 
        under clause (iii)) of the deceased individual for the 
        application month (if any).
    ``(ii) The amount of the imputed old-age insurance benefit of the 
deceased individual for the application month is the amount of the old-
age insurance benefit to which he would have been entitled for such 
month--
            ``(I) determined, in the case of such a deceased individual 
        who had attained age 62 as of the date of his death, as if he 
        had applied for such benefit in the month of his death and had 
        survived to the end of the application month (taking into 
        account applicable reductions under this section), or
            ``(II) determined, in the case of such a deceased 
        individual who died before attaining age 62 but would have 
        attained age 62 before the end of the application month, as if 
        he had survived to the end of the application month, and had 
        applied for such benefit on such date (assuming a primary 
        insurance amount for the deceased individual determined under 
        paragraph (2)(B) of this subsection and taking into account 
        applicable reductions under this section).
In any case in which the deceased individual died before attaining age 
62 and would not have attained age 62 before the end of the application 
month, the deceased individual's imputed old-age insurance benefit 
shall be deemed to be zero.
    ``(iii) The amount of the imputed husband's insurance benefit of 
the deceased individual for the application month is the amount of the 
husband's insurance benefit under subsection (c) to which he would have 
been entitled for such month (reduced under subsection (k)(3)(A) 
assuming the entitlement to an old-age insurance benefit for such 
month, if any, as described in clause (ii) and otherwise taking into 
account applicable reductions under this section)--
            ``(I) determined, in the case of such a deceased individual 
        who had attained age 62 as of the date of his death, as if he 
        had applied for such benefit in the month of his death and had 
        survived to the end of the application month, or
            ``(II) determined, in the case of such a deceased 
        individual who died before attaining age 62 but would have 
        attained age 62 before the end of the application month, as if 
        he had survived to the end of the application month and had 
        applied for such benefit during the application month.
In any case in which the deceased individual died before attaining age 
62 and would not have attained age 62 before the end of the application 
month, the deceased individual's imputed husband's insurance benefit 
shall be deemed to be zero.
    ``(E)(i) For purposes of subparagraph (C), if the deceased 
individual died during a month for which he was entitled to an old-age 
insurance benefit under subsection (a) or a disability insurance 
benefit under section 223, to a husband's insurance benefit under 
subsection (c) based on the wages and self-employment income of the 
widow (or surviving divorced wife), or to both such an old-age or 
disability insurance benefit and such a husband's insurance benefit, 
the imputed deceased individual's benefit for the application month is 
the sum of--
            ``(I) the amount of the old-age or disability insurance 
        benefit (if any) to which he would have been entitled for the 
        application month if he had survived to the end of such month 
        (taking into account applicable reductions under this section), 
        and
            ``(II) the amount of the husband's insurance benefit (if 
        any) to which he would have been entitled for such month if he 
        had survived to the end of such month (taking into account 
        applicable reductions under this section, including any 
        reduction under subsection (k)(3)(A) based on the assumed 
        entitlement to an old-age or disability insurance benefit for 
        such month (if any) as described in subclause (I)).
    ``(ii) If the deceased individual was entitled for the month in 
which he died to a disability insurance benefit under section 223, the 
amount determined under clause (i) shall be determined as if he had 
remained entitled to disability insurance benefits throughout the 
period commencing with the month in which he died and ending with the 
application month (or until becoming entitled to old-age insurance 
benefits under subsection (a) during such period).
    ``(F) For purposes of subparagraph (C)(i)(II)--
            ``(i) In the case of a widow (or surviving divorced wife) 
        who is entitled for the month preceding the application month 
        to an old-age insurance benefit under subsection (a) or a 
        disability insurance benefit under section 223, to a wife's 
        insurance benefit under subsection (b), or to both such an old-
        age or disability insurance benefit and such a wife's insurance 
        benefit, the amount of her imputed survivor benefit for the 
        application month is the sum of--
                    ``(I) the amount of the old-age or disability 
                insurance benefit for the preceding month (if any, 
                taking into account applicable reductions under this 
                section), and
                    ``(II) the amount of the wife's insurance benefit 
                for the preceding month (if any, taking into account 
                applicable reductions under this section, including any 
                reduction under subsection (k)(3)(A) based on the 
                assumed entitlement to an old-age or disability 
                insurance benefit for such month (if any) as described 
                in subclause (I)).
            ``(ii) In the case of a widow (or surviving divorced wife) 
        who is not described in clause (i) but has attained (or would 
        attain) age 62 as of the end of the application month, the 
        amount of her imputed survivor benefit is the sum of--
                    ``(I) the amount of the old-age insurance benefit 
                under subsection (a) to which the widow (or surviving 
                divorced wife) would be entitled for the application 
                month if she filed application for such benefit on the 
                last date of such month (taking into account applicable 
                reductions under this section), and
                    ``(II) the amount to which she would be entitled as 
                a wife's insurance benefit under subsection (b) for the 
                application month, based on the deceased individual's 
                wages and self-employment income, if the deceased 
                individual had survived to the end of the application 
                month and she had filed application for such benefit on 
                the last date of such month (assuming a primary 
                insurance amount for the deceased individual determined 
                under paragraph (2)(B) of this subsection and taking 
                into account applicable reductions under this section, 
                including any reduction under subsection (k)(3)(A) 
                based on the assumed entitlement to an old-age 
                insurance benefit for such month (if any) as described 
                in subclause (I)).
        In any case in which the widow (or surviving divorced wife) 
        would not attain age 62 before the end of the application 
        month, her imputed survivor benefit shall be deemed to be zero.
    ``(G)(i) The applicable increased benefit cap determined under this 
subparagraph in connection with a widow's insurance benefit is--
            ``(I) the applicable dollar amount for the later of the 
        application month of the widow (or surviving divorced wife) or 
        December 2002, determined under clause (ii), reduced by
            ``(II) the actuarial reduction determined under clause 
        (iii),
rounded, if not a multiple of $0.10, to the next higher multiple of 
$0.10.
    ``(ii) The applicable dollar amount for months in calendar year 
2002 is $1,000. In each calendar year after 2001, the Commissioner of 
Social Security shall determine the applicable dollar amount for each 
month of the following calendar year. Such amount shall be determined 
as of, and shall become effective with, January of such following 
calendar year. The applicable dollar amount determined for any month in 
such following calendar year shall be the product derived by 
multiplying $1,000 by the ratio of--
            ``(I) the national average wage index (as defined in 
        section 209(k)(1)) for the calendar year before the year in 
        which such determination is made, to
            ``(II) the national average wage index (as so defined) for 
        calendar year 2000.
Any applicable dollar amount determined under this clause shall be 
rounded to the nearest $0.01, except that any amount so established 
which is a multiple of $0.005 but not of $0.01 shall be rounded to the 
next higher multiple of $0.01.
    ``(iii) The actuarial reduction determined under this clause is the 
product derived by multiplying--
            ``(I) \5/9\ of 1 percent, by
            ``(II) the number of months in the period beginning with 
        the first month for which the widow (or surviving divorced 
        wife) first became entitled to a benefit under subsection (a), 
        or to a benefit under subsection (b) or (e) based on the 
        deceased individual's wages and self-employment income, and 
        ending with the last day of the month before the month in which 
she attains (or would attain) retirement age (as defined in section 
216(l)).
    ``(H) If, in determining the amount of the benefit under this 
section pursuant to this paragraph, the imputed old-age insurance 
benefit or imputed husband's insurance benefit of the deceased 
individual was deemed to be zero pursuant to the last sentence of 
clause (ii) or (iii) of subparagraph (D), or the imputed survivor 
benefit of the widow (or surviving divorced wife) was deemed to be zero 
pursuant to the last sentence of subparagraph (F), effective for any 
month after the application month in which the deceased individual 
attains age 62 or the widow (or surviving divorced wife) attains age 
62, the Commissioner shall recompute the amount of the benefit under 
this paragraph by substituting a reference to such month for each 
reference in the preceding provisions of this paragraph to the 
application month.''.
    (b) Widower's Insurance Benefits.--Section 202(f) of such Act (42 
U.S.C. 402(f)) is amended by adding at the end the following new 
paragraph:
    ``(10)(A) In any case in which the amount of a widower's insurance 
benefit (as determined under the preceding provisions of this section, 
taking into account applicable reductions under this section) for the 
application month of the widower (or surviving divorced husband) is 
less than the minimum benefit amount for such month determined under 
subparagraph (C), the amount of such benefit for such month and each 
succeeding month shall be increased to such minimum benefit amount (or 
the amount most recently established in lieu thereof under section 
215(i)).
    ``(B) For purposes of this paragraph, the term `application month' 
of a widower (or surviving divorced husband) means the month of the 
filing of his application for widower's insurance benefits.
    ``(C) For purposes of subparagraph (A), the minimum benefit amount 
determined under this subparagraph for the application month is an 
amount equal to the lesser of--
            ``(i) 75 percent of the sum of--
                    ``(I) the imputed deceased individual's benefit for 
                such month, as determined under subparagraph (D) or (E) 
                (as applicable), and
                    ``(II) the imputed survivor benefit for such month, 
                as determined under subparagraph (F), or
            ``(ii) the applicable increased benefit cap determined 
        under subparagraph (G) in connection with the widower's 
        insurance benefit.
    ``(D)(i) For purposes of subparagraph (C)(i)(I), if the deceased 
individual died in a month for which she was not entitled to any 
benefit under this title based on her wages or self-employment income 
or the wages and self-employment income of the widower (or surviving 
divorced husband), the imputed deceased individual's benefit for the 
application month is the sum of--
            ``(I) the imputed old-age insurance benefit (determined 
        under clause (ii)) of the deceased individual for the 
        application month (if any), and
            ``(II) the imputed wife's insurance benefit (determined 
        under clause (iii)) of the deceased individual for the 
        application month (if any).
    ``(ii) The amount of the imputed old-age insurance benefit of the 
deceased individual for the application month is the amount of the old-
age insurance benefit to which she would have been entitled for such 
month--
            ``(I) determined, in the case of such a deceased individual 
        who had attained age 62 as of the date of her death, as if she 
        had applied for such benefit in the month of her death and had 
        survived to the end of the application month (taking into 
        account applicable reductions under this section), or
            ``(II) determined, in the case of such a deceased 
        individual who died before attaining age 62 but would have 
        attained age 62 before the end of the application month, as if 
        she had survived to the end of the application month, and had 
        applied for such benefit on such date (assuming a primary 
        insurance amount for the deceased individual determined under 
        paragraph (2)(B) of this subsection and taking into account 
        applicable reductions under this section).
In any case in which the deceased individual died before attaining age 
62 and would not have attained age 62 before the end of the application 
month, the deceased individual's imputed old-age insurance benefit 
shall be deemed to be zero.
    ``(iii) The amount of the imputed wife's insurance benefit of the 
deceased individual for the application month is the amount of the 
wife's insurance benefit under subsection (c) to which she would have 
been entitled for such month (reduced under subsection (k)(3)(A) 
assuming the entitlement to an old-age insurance benefit for such 
month, if any, as described in clause (ii) and otherwise taking into 
account applicable reductions under this section)--
            ``(I) determined, in the case of such a deceased individual 
        who had attained age 62 as of the date of her death, as if she 
        had applied for such benefit in the month of her death and had 
        survived to the end of the application month, or
            ``(II) determined, in the case of such a deceased 
        individual who died before attaining age 62 but would have 
        attained age 62 before the end of the application month, as if 
        she had survived to the end of the application month and had 
        applied for such benefit during the application month.
In any case in which the deceased individual died before attaining age 
62 and would not have attained age 62 before the end of the application 
month, the deceased individual's imputed wife's insurance benefit shall 
be deemed to be zero.
    ``(E)(i) For purposes of subparagraph (C), if the deceased 
individual died during a month for which she was entitled to an old-age 
insurance benefit under subsection (a) or a disability insurance 
benefit under section 223, to a wife's insurance benefit under 
subsection (b) based on the wages and self-employment income of the 
widower (or surviving divorced husband), or to both such an old-age or 
disability insurance benefit and such a wife's insurance benefit, the 
imputed deceased individual's benefit for the application month is the 
sum of--
            ``(I) the amount of the old-age or disability insurance 
        benefit (if any) to which she would have been entitled for the 
application month if she had survived to the end of such month (taking 
into account applicable reductions under this section), and
            ``(II) the amount of the wife's insurance benefit (if any) 
        to which she would have been entitled for such month if she had 
        survived to the end of such month (taking into account 
        applicable reductions under this section, including any 
        reduction under subsection (k)(3)(A) based on the assumed 
        entitlement to an old-age or disability insurance benefit for 
        such month (if any) as described in subclause (I)).
    ``(ii) If the deceased individual was entitled for the month in 
which she died to a disability insurance benefit under section 223, the 
amount determined under clause (i) shall be determined as if she had 
remained entitled to disability insurance benefits throughout the 
period commencing with the month in which she died and ending with the 
application month (or until becoming entitled to old-age insurance 
benefits under subsection (a) during such period).
    ``(F) For purposes of subparagraph (C)(i)(II)--
            ``(i) In the case of a widower (or surviving divorced 
        husband) who is entitled for the month preceding the 
        application month to an old-age insurance benefit under 
        subsection (a) or a disability insurance benefit under section 
        223, to a husband's insurance benefit under subsection (c), or 
        to both such an old-age or disability insurance benefit and 
        such a husband's insurance benefit, the amount of his imputed 
        survivor benefit for the application month is the sum of--
                    ``(I) the amount of the old-age or disability 
                insurance benefit for the preceding month (if any, 
                taking into account applicable reductions under this 
                section), and
                    ``(II) the amount of the husband's insurance 
                benefit for the preceding month (if any, taking into 
                account applicable reductions under this section, 
                including any reduction under subsection (k)(3)(A) 
                based on the assumed entitlement to an old-age or 
                disability insurance benefit for such month (if any) as 
                described in subclause (I)).
            ``(ii) In the case of a widower (or surviving divorced 
        husband) who is not described in clause (i) but has attained 
        (or would attain) age 62 as of the end of the application 
        month, the amount of his imputed survivor benefit is the sum 
        of--
                    ``(I) the amount of the old-age insurance benefit 
                under subsection (a) to which the widower (or surviving 
divorced husband) would be entitled for the application month if he 
filed application for such benefit on the last date of such month 
(taking into account applicable reductions under this section), and
                    ``(II) the amount to which he would be entitled as 
                a husband's insurance benefit under subsection (b) for 
                the application month, based on the deceased 
                individual's wages and self-employment income, if the 
                deceased individual had survived to the end of the 
                application month and he had filed application for such 
                benefit on the last date of such month (assuming a 
                primary insurance amount for the deceased individual 
                determined under paragraph (2)(B) of this subsection 
                and taking into account applicable reductions under 
                this section, including any reduction under subsection 
                (k)(3)(A) based on the assumed entitlement to an old-
                age insurance benefit for such month (if any) as 
                described in subclause (I)).
        In any case in which the widower (or surviving divorced 
        husband) would not attain age 62 before the end of the 
        application month, his imputed survivor benefit shall be deemed 
        to be zero.
    ``(G)(i) The applicable increased benefit cap determined under this 
subparagraph in connection with a widower's insurance benefit is--
            ``(I) the applicable dollar amount for the later of the 
        application month of the widower (or surviving divorced 
        husband) or December 2002, determined under clause (ii), 
        reduced by
            ``(II) the actuarial reduction determined under clause 
        (iii),
rounded, if not a multiple of $0.10, to the next higher multiple of 
$0.10.
    ``(ii) The applicable dollar amount for months in calendar year 
2002 is $1,000. In each calendar year after 2001, the Commissioner of 
Social Security shall determine the applicable dollar amount for each 
month of the following calendar year. Such amount shall be determined 
as of, and shall become effective with, January of such following 
calendar year. The applicable dollar amount determined for any month in 
such following calendar year shall be the product derived by 
multiplying $1,000 by the ratio of--
            ``(I) the national average wage index (as defined in 
        section 209(k)(1)) for the calendar year before the year in 
        which such determination is made, to
            ``(II) the national average wage index (as so defined) for 
        calendar year 2000.
Any applicable dollar amount determined under this clause shall be 
rounded to the nearest $0.01, except that any amount so established 
which is a multiple of $0.005 but not of $0.01 shall be rounded to the 
next higher multiple of $0.01.
    ``(iii) The actuarial reduction determined under this clause is the 
product derived by multiplying--
            ``(I) \5/9\ of 1 percent, by
            ``(II) the number of months in the period beginning with 
        the first month for which the widower (or surviving divorced 
        husband) first became entitled to a benefit under subsection 
        (a), or to a benefit under subsection (b) or (e) based on the 
        deceased individual's wages and self-employment income, and 
        ending with the last day of the month before the month in which 
        he attains (or would attain) retirement age (as defined in 
        section 216(l)).
    ``(H) If, in determining the amount of the benefit under this 
subsection pursuant to this paragraph, the imputed old-age insurance 
benefit or imputed wife's insurance benefit of the deceased individual 
was deemed to be zero pursuant to the last sentence of clause (ii) or 
(iii) of subparagraph (D), or the imputed survivor benefit of the 
widower (or surviving divorced husband) was deemed to be zero pursuant 
to the last sentence of subparagraph (F), effective for any month after 
the application month in which the deceased individual attains age 62 
or the widower (or surviving divorced husband) attains age 62, the 
Commissioner shall recompute the amount of the benefit under this 
paragraph by substituting a reference to such month for each reference 
in the preceding provisions of this paragraph to the application 
month.''.
    (c) Cost-of-Living Adjustments to Guaranteed Widow's and Widower's 
Insurance Benefits.--Section 215(i)(2)(A)(ii) of such Act (42 U.S.C. 
415(i)(2)(A)(ii)) is amended--
            (1) in subclause (II), by striking ``and'' at the end;
            (2) in subclause (III), by striking ``1978.'' and inserting 
        ``1979, and'';
            (3) by adding at the end the following new subclause:
            ``(IV) the benefit amount to which an individual is 
        entitled for that month under subsection (e) or (f) of section 
        202 if such benefit amount has been increased under paragraph 
        (10) of such subsection.''; and
            (4) in the matter following subclause (IV) (added by 
        paragraph (3)), by striking ``(I), (II), and (III)'' and 
        inserting ``(I), (II), (III), and (IV)''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to widow's and widower's insurance benefits for 
months after November 2002.

SEC. 3. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND 
              WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.

    (a) Widow's Insurance Benefits.--
            (1) In general.--Section 202(e) of the Social Security Act 
        (42 U.S.C. 402(e)) is amended--
                    (A) in paragraph (1)(B)(ii), by striking ``which 
                began before the end of the period specified in 
                paragraph (4)'';
                    (B) in paragraph (1)(F)(ii), by striking ``(I) in 
                the period specified in paragraph (4) and (II)'';
                    (C) by striking paragraph (4) and by redesignating 
                paragraphs (5) through (9) as paragraphs (4) through 
                (8), respectively; and
                    (D) in paragraph (4)(A)(ii) (as redesignated), by 
                striking ``whichever'' and all that follows through 
                ``begins'' and inserting ``the first day of the 
                seventeenth month before the month in which her 
                application is filed''.
            (2) Conforming amendments.--
                    (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 
                402(e)(1)(F)(i)) is amended by striking ``paragraph 
                (5)'' and inserting ``paragraph (4)''.
                    (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 
                U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking 
                ``paragraph (8)'' and inserting ``paragraph (7)''.
                    (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 
                402(e)(2)(A)) is amended by striking ``paragraph (7)'' 
                and inserting ``paragraph (6)''.
                    (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 
                426(e)(1)(A)(i)) is amended by striking ``202(e)(4),''.
    (b) Widower's Insurance Benefits.--
            (1) In general.--Section 202(f) of such Act (42 U.S.C. 
        402(f)) is amended--
                    (A) in paragraph (1)(B)(ii), by striking ``which 
                began before the end of the period specified in 
                paragraph (5)'';
                    (B) in paragraph (1)(F)(ii), by striking ``(I) in 
                the period specified in paragraph (5) and (II)'';
                    (C) by striking paragraph (5) and by redesignating 
                paragraphs (6) through (9) as paragraphs (5) through 
                (8), respectively; and
                    (D) in paragraph (5)(A)(ii) (as redesignated), by 
                striking ``whichever'' and all that follows through 
                ``begins'' and inserting ``the first day of the 
                seventeenth month before the month in which his 
                application is filed''.
            (2) Conforming amendments.--
                    (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 
                402(f)(1)(F)(i)) is amended by striking ``paragraph 
                (6)'' and inserting ``paragraph (5)''.
                    (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 
                U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking 
                ``paragraph (8)'' and inserting ``paragraph (7)''.
                    (C) Section 226(e)(1)(A)(i) of such Act (as amended 
                by subsection (a)(2)) is further amended by striking 
                ``202(f)(1)(B)(ii), and 202(f)(5)'' and inserting ``and 
                202(f)(1)(B)(ii)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after November 2002.

SEC. 4. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S 
              BENEFITS UPON OTHER SPOUSE'S REMARRIAGE.

    (a) Wife's Insurance Benefits.--Section 202(b)(5)(A) of the Social 
Security Act (42 U.S.C. 402(b)(5)(A)) is amended by adding at the end 
the following new sentence: ``The criterion for entitlement under 
clause (ii) shall be deemed met upon the remarriage of the insured 
individual to someone other than the applicant during the 2-year period 
referred to in such clause.''.
    (b) Husband's Insurance Benefits.--Section 202(c)(5)(A) of such Act 
(42 U.S.C. 402(c)(5)(A)) is amended by adding at the end the following 
new sentence: ``The criterion for entitlement under clause (ii) shall 
be deemed met upon the remarriage of the insured individual to someone 
other than the applicant during the 2-year period referred to in such 
clause.''.
    (c) Conforming Amendment to Exemption of Insured Individual's 
Divorced Spouse From Earnings Test as Applied to the Insured 
Individual.--Section 203(b)(2)(B) of such Act (42 U.S.C. 403(b)(2)(B)) 
is amended by adding at the end the following new sentence: ``The 
requirement under such clause (ii) shall be deemed met upon the 
remarriage of the individual referred to in paragraph (1), to someone 
other than the divorced spouse referred to in such clause, during the 
2-year period referred to in such clause.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after November 2002.

SEC. 5. MONTHS ENDING AFTER DECEASED INDIVIDUAL'S DEATH DISREGARDED IN 
              APPLYING EARLY RETIREMENT RULES WITH RESPECT TO DECEASED 
              INDIVIDUAL FOR PURPOSES OF LIMITATION ON WIDOW'S AND 
              WIDOWER'S BENEFITS.

    (a) Widow's Insurance Benefits.--Section 202(e)(2)(D)(i) of the 
Social Security Act (42 U.S.C. 402(e)(2)(D)(i)) is amended by inserting 
after ``applicable,'' the following: ``except that, in applying 
paragraph (7) of subsection (q) for purposes of this clause, any month 
ending with or after the date of the death of such deceased individual 
shall be deemed to be excluded under such paragraph (in addition to 
months otherwise excluded under such paragraph),''.
    (b) Widower's Insurance Benefits.--Section 202(f)(3)(D)(i) of such 
Act (42 U.S.C. 402(f)(3)(D)(i)) is amended by inserting after 
``applicable,'' the following: ``except that, in applying paragraph (7) 
of subsection (q) for purposes of this clause, any month ending with or 
after the date of the death of such deceased individual shall be deemed 
to be excluded under such paragraph (in addition to months otherwise 
excluded under such paragraph),''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after November 2002.

SEC. 6. MAINTENANCE OF MEDICAID ELIBILITY FOR CURRENT BENEFICIARIES.

    Section 1634 of the Social Security Act (42 U.S.C. 1383c) is 
amended by adding at the end the following new subsection:
    ``(e)(1) An eligible widow or widower (described in paragraph (2)) 
who is entitled to a widow's or widower's insurance benefit for any 
month under section 202(e) or (f) but is not eligible for benefits 
under this title in that month shall be deemed for purposes of title 
XIX to be an individual with respect to whom benefits under this title 
are paid in that month if he or she--
            ``(A) has been continuously entitled to such widow's or 
        widower's insurance benefits from the first month for which the 
        increase described in paragraph (2)(B) is reflected in such 
        benefits through the month involved, and
            ``(B) would be eligible for benefits under this title in 
        the month involved if the amount of the increase described in 
        paragraph (2)(B) in his or her widow's or widower's insurance 
        benefits, and any subsequent cost-of-living adjustments in such 
        benefits under section 215(i), were disregarded.
    ``(2) For purposes of paragraph (1), the term `eligible widow or 
widower' means an individual who--
            ``(A) is entitled to a widow's or widower's insurance 
        benefit under section 202(e) or (f) for November 2002 and with 
        respect to whom a benefit under this title is paid in that 
        month, and
            ``(B) because of the increase in the amount of his or her 
        widow's or widower's insurance benefits which results from the 
        amendments made by the Social Security Widow's Benefit 
        Guarantee Act of 2002, is ineligible for benefits under this 
        title in the first month in which such increase is paid to him 
        or her.
    ``(3) For purposes of this subsection, the term `benefits under 
this title' includes payments of the type described in section 1616(a) 
or of the type described in section 212(a) of Public Law 93-66.''.

SEC. 7. FUNDING EQUAL TO COST OF BENEFIT IMPROVEMENTS.

    (a) In General.--The Secretary of the Treasury shall transfer, from 
the general fund of the Treasury to the Federal Old-Age and Survivors 
Insurance Trust Fund, such sums as are necessary, on account of--
            (1) amounts paid or to be paid from such Trust Fund under 
        title II of the Social Security Act solely by reason of the 
        amendments made by this Act,
            (2) the additional administrative expenses resulting or 
        expected to result therefrom, and
            (3) any loss in interest to such Trust Fund resulting from 
        the payment of such amounts,
in order to place such Trust Fund in the same position as the position 
in which it would have been if the preceding provisions of this Act had 
not been enacted.
    (b) Timing and Amounts of Transfers.--The amounts to be transferred 
under subsection (a) shall be transferred at least monthly from the 
general fund of the Treasury, in accordance with certifications which 
shall be made by the Commissioner of Social Security to the Secretary 
of the Treasury of the proper amounts to be transferred. Amounts 
certified for transfer shall be determined on the basis of estimates 
made by the Commissioner of the proper amounts to be transferred, and 
proper adjustments shall be made in the amounts subsequently certified 
for transfer to the extent prior estimates were in excess of or less 
than the amounts required to be transferred.
                                 <all>