[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2533 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2533

      To amend title II of the Social Security Act to provide for 
 miscellaneous enhancements in Social Security benefits, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2002

  Mr. Smith of Oregon (for himself and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
      To amend title II of the Social Security Act to provide for 
 miscellaneous enhancements in Social Security benefits, 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 Benefit Enhancements 
for Women Act of 2002''.

SEC. 2. 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. 3. 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 insured individual to someone other than the 
individual referred to in paragraph (1) 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. 4. 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.
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