[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4701 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4701

To provide for entitlement to dependents' and survivors' benefits under 
the old-age, survivors, and disability insurance program under title II 
 of the Social Security Act based on permanent partnership as well as 
                               marriage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

 Mr. Nadler (for himself, Mr. Frank of Massachusetts, Ms. Baldwin, Mr. 
  Kennedy of Rhode Island, and Mr. Grijalva) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To provide for entitlement to dependents' and survivors' benefits under 
the old-age, survivors, and disability insurance program under title II 
 of the Social Security Act based on permanent partnership as well as 
                               marriage.

    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 ``Equal Access to Social Security Act 
of 2004''.

SEC. 2. DEFINITIONS RELATING TO PERMANENT PARTNERSHIP.

    (a) In General.--Section 216 of the Social Security Act (42 U.S.C. 
416) is amended by adding at the end the following new subsection:

            ``Definitions Relating to Permanent Partnership

    ``(m)(1) The term `permanent partnership' means a committed, 
intimate relationship between 2 individuals who have attained 18 years 
of age, in any case in which--
            ``(A) each such individual intends a lifelong commitment to 
        the other,
            ``(B) such individuals are financially interdependent,
            ``(C) such individuals are unable to contract with each 
        other a marriage cognizable under this title,
            ``(D) each such individual is not a first, second, or third 
        degree blood relation of the other individual, and
            ``(E) each such individual is neither married to, nor in a 
        relationship described in the preceding provisions of this 
        paragraph with, any third individual.
    ``(2) The term `permanent partner' means, in connection with any 
other individual (hereinafter referred to as the `other party'), any 
individual who is in a permanent partnership with such other party, but 
only if such individual--
            ``(A) is also a parent of such other party's son or 
        daughter,
            ``(B) was in a permanent partnership with such other party 
        for a period of not less than one year immediately preceding 
        the day on which such individual's application is filed, or
            ``(C) in the month prior to the month during which such 
        permanent partnership commenced--
                    ``(i) was entitled to, or on application therefor 
                and attainment of age 62 in such prior month would have 
                been entitled to, benefits under subsection (b), (c), 
                (e), (f), or (h) of section 202,
                    ``(ii) had attained age 18 and was entitled to, or 
                on application therefor would have been entitled to, 
                benefits under subsection (d) of such section (subject, 
                however, to section 202(s)), or
                    ``(iii) was entitled to, or upon application 
                therefor and attainment of the required age (if any) 
                would have been entitled to, a widow's, widower's, 
                child's (after attainment of age 18), or parent's 
                insurance annuity under section 2 of the Railroad 
                Retirement Act of 1974.
For purposes of subparagraph (B), an individual shall be deemed to have 
been in a permanent partnership with the other party for a period of 
one year throughout the month in which occurs the first anniversary of 
the commencement of such permanent partnership.
    ``(3) The term `surviving permanent partner' means, in connection 
with any other individual (hereinafter in this paragraph referred to as 
the `other party'), an individual who is the surviving permanent 
partner of such other party, but only if--
            ``(A) such individual is a parent of such other party's son 
        or daughter,
            ``(B) such individual legally adopted such other party's 
        son or daughter while such individual was in a permanent 
        partnership with such other party and while such son or 
        daughter was under the age of 18,
            ``(C) such other party legally adopted such individual's 
        son or daughter while such individual was in a permanent 
        partnership with such other party and while such son or 
        daughter was under the age of 18,
            ``(D) such individual was in a permanent partnership with 
        such other party at the time both of them legally adopted a 
        child under the age of 18,
            ``(E) as of the date of the death of such other party, such 
        individual had been living with a child of such other party for 
        a period of at least 1 year which began before such child 
        attained the age of 18, or such other party had been living 
        with a child of such individual for at least such 1-year 
        period,
            ``(F) such individual was in a permanent partnership with 
        such other party for a period of not less than 9 months 
        immediately prior to the day on which such other party died, or
            ``(G) in the month prior to the month in which the 
        permanent partnership commenced--
                    ``(i) such individual was entitled to, or on 
                application therefor and attainment of age 62 in such 
                prior month would have been entitled to, benefits under 
                subsection (b), (c), (e), (f), or (h) of section 202,
                    ``(ii) such individual had attained age 18 and was 
                entitled to, or on application therefor would have been 
                entitled to, benefits under subsection (d) of such 
                section (subject, however, to section 202(s)), or
                    ``(iii) such individual was entitled to, or upon 
                application therefor and attainment of the required age 
                (if any) would have been entitled to, a widow's, 
                widower's, child's (after attainment of age 18), or 
                parent's insurance annuity under section 2 of the 
                Railroad Retirement Act of 1974.
    ``(4) The term `former permanent partner' means, in connection with 
any other individual, an individual who has been in a permanent 
partnership with such other individual, in any case in which either 
individual who was a party to such permanent partnership has certified 
to the Commissioner, in accordance with regulations issued under 
subsection (h)(1)(C)(ii), that such permanent partnership has 
terminated other than by reason of death, but only if such individuals 
have been in a permanent partnership for a period of 10 years 
immediately before the date of the termination of the partnership, as 
determined under such regulations. For purposes of subparagraph (C) of 
subsections (b)(1) and (c)(1) of section 202, a former permanent 
partner in connection with a terminated permanent partnership shall be 
deemed not to be in such permanent partnership throughout the month in 
which the permanent partnership terminates.
    ``(5) The term `surviving former permanent partner' means, in 
connection with any other individual, an individual--
            ``(A) who was in a permanent partnership with such other 
        individual, in any case in which either individual who was a 
        party to such permanent partnership has certified to the 
        Commissioner, in accordance with regulations issued under 
        subsection (h)(1)(C)(ii), that such permanent partnership has 
        terminated other than by reason of death, and
            ``(B) who has died, but only if such individuals had been 
        in a permanent partnership for a period of 10 years immediately 
        before the date of the termination of the partnership, as 
        determined under such regulations.
    ``(6) The term `surviving former permanent partner parent' means, 
in connection with any other individual, an individual who was in a 
permanent partnership with such other individual, in any case in which 
either individual who was a party to such permanent partnership 
certified to the Commissioner, in accordance with regulations issued 
under subsection (h)(1)(C)(ii), that such permanent partnership 
terminated other than by reason of death, and, subsequent to such 
certification, such other individual died, but only if--
            ``(A) the surviving individual is the mother or father of 
        the son or daughter of the deceased individual,
            ``(B) the surviving individual legally adopted the son or 
        daughter of the deceased individual while both individuals were 
        in the permanent partnership and while such son or daughter was 
        under the age of 18,
            ``(C) the deceased individual legally adopted the son or 
        daughter of the surviving individual while both individuals 
        were in the permanent partnership and while such son or 
        daughter was under the age of 18,
            ``(D) the surviving individual was in the permanent 
        partnership with the deceased individual at the time both of 
        them legally adopted a child under the age of 18, or
            ``(E) as of the date of the death of such the deceased 
        individual, the surviving individual had been living with a 
        child of the deceased individual for a period of at least a 1-
        year which began before such child attained the age of 18, or 
        the deceased individual had been living with a child of the 
        surviving individual for at least such 1-year period.
                    ``(i) was entitled to, or on application therefor 
                and attainment of age 62 in such prior month would have 
                been entitled to, benefits under subsection (b), (c), 
                (e), (f), or (h) of section 202,
                    ``(ii) had attained age 18 and was entitled to, or 
                on application therefor would have been entitled to, 
                benefits under subsection (d) of such section (subject, 
                however, to section 202(s)), or
                    ``(iii) was entitled to, or upon application 
                therefor and attainment of the required age (if any) 
                would have been entitled to, a widow's, widower's, 
                child's (after attainment of age 18), or parent's 
                insurance annuity under section 2 of the Railroad 
                Retirement Act of 1974.''.
    (b) Conforming Amendment to Definition of Child.--Section 216(e) of 
such Act (42 U.S.C. 416(e)) is amended by adding at the end the 
following new sentence: ``For purposes of this title, the child of an 
individual's permanent partner who has not been legally adopted by such 
individual shall be treated as a stepchild of such individual.''.

SEC. 3. DETERMINATION OF PERMANENT PARTNER STATUS.

    Section 216(h)(1) of the Social Security Act (42 U.S.C. 416(h)(1)) 
is amended--
            (1) in subparagraph (B)(iii), by inserting ``or permanent 
        partnership'' after ``marriage'';
            (2) in subparagraph (B)(iv), by inserting ``or previous 
        permanent partnership'' after ``previous marriage'' each place 
        it appears in subclause (I), and by inserting ``or purported 
        permanent partnership'' after ``purported marriage'' in 
        subclause (II); and
            (3) by adding at the end the following new subparagraphs:
    ``(C)(i) An applicant is the permanent partner or surviving 
permanent partner of a fully or currently insured individual for 
purposes of this title if the Commissioner of Social Security finds 
that such applicant and such insured individual were validly members of 
a permanent partnership at the time such applicant files such 
application or, if such insured individual is dead, at the time he 
died.
    ``(ii) Any 2 individuals shall not be treated as being in a 
permanent partnership with each other unless there is in effect, in 
accordance with regulations which shall be prescribed by the 
Commissioner, a written certification made by both such individuals to 
the Commissioner of the existence of such permanent partnership. A 
certification made to the Commissioner under this clause shall remain 
in effect until the earlier of the date of the death of either such 
individual or the date of a certification made by both such 
individuals, in accordance with such regulations, indicating that such 
relationship has terminated other than by reason of death or, if 
earlier, the date on which the Commissioner otherwise determines that 
such permanent partnership has terminated.
    ``(D)(i) In any case where under subparagraph (C) an applicant is 
not the permanent partner or surviving permanent partner of a fully or 
currently insured individual, or where under paragraph (2), (3), (4), 
or (5) of subsection (m) such applicant is not the permanent partner, 
former permanent partner, surviving permanent partner, or surviving 
former permanent partner of such individual, but it is established to 
the satisfaction of the Commissioner of Social Security that such 
applicant in good faith entered into an arrangement with such 
individual resulting in a purported permanent partnership between them 
which, but for a legal impediment not known to the applicant at the 
time of the entry into such arrangement, would have been a valid 
permanent partnership, then, for purposes of subparagraph (C) and 
paragraphs (2), (3), (4), and (5) of subsection (m), such purported 
permanent partnership shall be deemed to be a valid permanent 
partnership. Notwithstanding the preceding sentence, in the case of any 
person who would be deemed under the preceding sentence a permanent 
partner or surviving permanent partner of the insured individual, such 
purported permanent partnership shall not be deemed to be a valid 
permanent partnership unless the applicant and the insured individual 
were living in the same household at the time of the death of the 
insured individual or (if the insured individual is living) at the time 
the applicant files the application. A purported permanent partnership 
that is deemed to be a valid permanent partnership by reason of the 
preceding sentence shall continue to be deemed a valid permanent 
partnership if the insured individual and the person entitled to 
benefits as the permanent partner of the insured individual are no 
longer living in the same household at the time of the death of such 
insured individual.
    ``(ii) The provisions of clause (i) shall not apply if the 
Commissioner of Social Security determines, on the basis of information 
brought to the Commissioner's attention, that such applicant entered 
into such purported permanent partnership with such insured individual 
with knowledge that it would not be a valid permanent partnership.
    ``(iii) The entitlement to a monthly benefit under subsection (b) 
or (c) of section 202, based on the wages and self-employment income of 
such insured individual, of a person who would not be deemed to be a 
permanent partner of such insured individual but for this subparagraph, 
shall end with the month before the month in which such person enters 
into a permanent partnership or marriage, valid without regard to this 
subparagraph or subparagraph (B), with a person other than such insured 
individual.
    ``(iv) For purposes of this subparagraph, a legal impediment to the 
validity of a purported permanent partnership includes only an 
impediment (I) resulting from the lack of dissolution of a previous 
marriage or previous permanent partnership or otherwise arising out of 
such previous marriage or permanent partnership or its dissolution, or 
(II) resulting from a defect in the procedure followed in connection 
with such purported permanent partnership.''.

SEC. 4. WIFE'S INSURANCE BENEFITS FOR PERMANENT PARTNERS.

    Section 202(b) of the Social Security Act (42 U.S.C. 402(b)) is 
amended--
            (1) in paragraph (1), by striking ``The wife (as defined in 
        section 216(b)) and every divorced wife (as defined in section 
        216(d))'' and inserting ``The wife (as defined in section 
        216(b)), every divorced wife (as defined in section 216(d), the 
        female permanent partner (as defined in section 216(m)(2)), and 
        every female former permanent partner (as defined in section 
        216(m)(4))'', and by striking ``such wife or such divorced 
        wife'' and inserting ``such wife, such divorced wife, such 
        permanent partner, or such former permanent partner'';
            (2) in paragraph (1)(B), by inserting ``or permanent 
        partner'' after ``wife'';
            (3) in paragraph (1)(C), by inserting ``or former permanent 
        partner'' after ``divorced wife'', and by inserting ``and is 
        not in a permanent partnership'' after ``married'';
            (4) in paragraph (1)(i), by striking ``wife or divorced 
        wife'' each place it appears and inserting ``wife, divorced 
        wife, permanent partner, or former permanent partner'';
            (5) in paragraph (1)(ii), by striking ``wife or divorced 
        wife'' each place it appears and inserting ``wife, divorced 
        wife, permanent partner, or former permanent partner'';
            (6) in paragraph (1)(G), by inserting ``or permanent 
        partner'' after ``wife'', by inserting ``or their permanent 
        partnership has terminated'' after ``divorced'', by inserting 
        ``, or in a permanent partnership with,'' after ``married to'', 
        and by inserting ``or termination'' after ``divorce'';
            (7) in paragraph (1)(H), by inserting ``or a former 
        permanent partner'' after ``divorced wife'', by striking ``she 
        marries'' and inserting ``she marries, or enters into a 
        permanent partnership with,'';
            (8) in paragraph (1)(I), by striking ``wife'' and inserting 
        ``wife or permanent partner'';
            (9) in paragraph (2), by striking ``her husband (or, in the 
        case of a divorced wife, her former husband)'' and inserting 
        ``the individual referred to in paragraph (1)'';
            (10) in paragraph (3), by inserting ``or former permanent 
        partner'' after ``divorced wife'', by inserting ``or enters 
        into a permanent partnership'' after ``marries'', by striking 
        ``such divorced wife's entitlement'' and inserting ``the 
        entitlement of such divorced wife or former permanent 
        partner'', and by inserting ``or permanent partnership'' after 
        ``marriage'';
            (11) in paragraph (4)(A), by striking ``the wife (or 
        divorced wife)'' and inserting ``the wife, divorced wife, 
        permanent partner, or former permanent partner'';
            (12) in paragraph (4)(B)(ii), by striking ``the wife (or 
        divorced wife)'' and inserting ``the wife, divorced wife, 
        permanent partner, or former permanent partner''; and
            (13) in paragraph (5)(A), by inserting ``or former 
        permanent partner'' after ``divorced wife'' each place it 
        appears.

SEC. 5. HUSBAND'S INSURANCE BENEFITS FOR PERMANENT PARTNERS.

    Section 202(c) of the Social Security Act (42 U.S.C. 402(c)) is 
amended--
            (1) in paragraph (1), by striking ``The husband (as defined 
        in section 216(f)) and every divorced husband (as defined in 
        section 216(d))'' and inserting ``The husband (as defined in 
        section 216(f)), every divorced husband (as defined in section 
        216(d), the male permanent partner (as defined in section 
        216(m)(2)), and every male former permanent partner (as defined 
        in section 216(m)(4))'', and by striking ``such husband or such 
        divorced husband'' and inserting ``such husband, such divorced 
        husband, such permanent partner, or such former permanent 
        partner'';
            (2) in paragraph (1)(B), by inserting ``or permanent 
        partner'' after ``husband'';
            (3) in paragraph (1)(C), by inserting ``or former permanent 
        partner'' after ``divorced husband'', and by inserting ``and is 
        not in a permanent partnership'' after ``married'';
            (4) in paragraph (1)(i), by striking ``husband or divorced 
        husband'' each place it appears and inserting ``husband, 
        divorced husband, permanent partner, or former permanent 
        partner'';
            (5) in paragraph (1)(ii), by striking ``husband or divorced 
        husband'' each place it appears and inserting ``husband, 
        divorced husband, permanent partner, or former permanent 
        partner'';
            (6) in paragraph (1)(G), by inserting ``or permanent 
        partner'' after ``husband'', by inserting ``or their permanent 
        partnership has terminated'' after ``divorced'', by inserting 
        ``, or in a permanent partnership with,'' after ``married to'', 
        and by inserting ``or termination'' after ``divorce'';
            (7) in paragraph (1)(H), by inserting ``or a former 
        permanent partner'' after ``divorced husband'', by striking 
        ``he marries'' and inserting ``he marries, or enters into a 
        permanent partnership with,'';
            (8) in paragraph (1)(I), by striking ``husband'' and 
        inserting ``husband or permanent partner'';
            (9) in paragraph (2)(A), by striking ``the husband (or 
        divorced husband)'' and inserting ``the husband, divorced 
        husband, permanent partner, or former permanent partner'', by 
        striking ``his earnings'' and inserting ``the earnings 
        thereof'';
            (10) in paragraph (2)(B)(ii), by striking ``the husband (or 
        divorced husband)'' and inserting ``the husband, divorced 
        husband, permanent partner, or former permanent partner'';
            (11) in paragraph (3), by striking ``his wife (or, in the 
        case of a divorced husband, his former wife)'' and inserting 
        ``the individual referred to in paragraph (1)'';
            (12) in paragraph (4), by inserting ``or former permanent 
        partner'' after ``divorced husband'', by inserting ``or enters 
        into a permanent partnership'' after ``marries'', by striking 
        ``such divorced husband's entitlement'' and inserting ``the 
        entitlement of such divorced husband or former permanent 
        partner'', and by inserting ``or permanent partnership'' after 
        ``marriage''; and
            (13) in paragraph (5)(A), by inserting ``or former 
        permanent partner'' after ``divorced husband'' each place it 
        appears.

SEC. 6. WIDOW'S INSURANCE BENEFITS FOR SURVIVING PERMANENT PARTNERS.

    Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is 
amended--
            (1) paragraph (1), by striking ``The widow (as defined in 
        section 216(c)) and every surviving divorced wife (as defined 
        in section 216(d)'' and inserting ``The widow (as defined in 
        section 216(c)), the female surviving permanent partner (as 
        defined in section 216(m)(3)), every surviving divorced wife 
        (as defined in section 216(d)), and every female surviving 
        former permanent partner (as defined in section 216(m)(5))'', 
        and by striking ``such widow or such surviving divorced wife'' 
        and inserting ``such widow, such surviving permanent partner, 
        such surviving divorced wife, or such surviving former 
        permanent partner'';
            (2) in paragraph (1)(A), by inserting ``and is not in a 
        permanent partnership'' after ``married'';
            (3) in paragraph (1)(C)(iii), by striking ``mother's 
        insurance benefits'' and inserting ``parent's insurance 
        benefits'';
            (4) in paragraph (2)(D), by striking ``widow or surviving 
        divorced wife'' each place it appears and inserting ``widow, 
        surviving permanent partner, surviving divorced wife, or 
        surviving former permanent partner'';
            (5) in paragraph (3)(A), by striking ``widow or surviving 
        divorced wife'' and inserting ``widow, surviving permanent 
        partner, surviving divorced wife, or surviving former permanent 
        partner'', by inserting ``or enters into a permanent 
        partnership'' after ``marries'', and by striking ``before such 
        marriage occurred'' and inserting ``before such marriage 
        occurred or the commencement of such permanent partnership'';
            (6) in paragraph (3)(B), by striking ``a disabled widow or 
        disabled surviving divorced wife'' and inserting ``a widow, 
        surviving permanent partner, surviving divorced wife, or 
        surviving former permanent partner who is disabled as'';
            (7) in the matter following subparagraph (B) in paragraph 
        (3), by inserting ``or permanent partnership'' after 
        ``marriage'';
            (8) in paragraph (4), by striking ``any widow or surviving 
        divorced wife'' and inserting ``any widow, surviving permanent 
        partner, surviving divorced wife, or surviving former permanent 
        partner'';
            (9) in paragraph (5), by striking ``widow or surviving 
        divorced wife'' in subparagraph (A) and inserting ``widow, 
        surviving permanent partner, surviving divorced wife, or 
        surviving former permanent partner'', and by striking ``widow 
        or surviving divorced wife'' in subparagraph (B) and inserting 
        ``widow, surviving permanent partner, surviving divorced wife, 
        or surviving former permanent partner'';
            (10) in paragraph (6)(A), by striking ``the widow (or 
        surviving divorced wife)'' and inserting ``the widow, surviving 
        permanent partner, surviving divorced wife, or surviving former 
        permanent partner''; and
            (11) in paragraph (6)(B)(ii), by striking ``the widow (or 
        surviving divorced wife)'' and inserting ``the widow, surviving 
        permanent partner, surviving divorced wife, or surviving former 
        permanent partner''.

SEC. 7. WIDOWER'S INSURANCE BENEFITS FOR SURVIVING PERMANENT PARTNERS.

    Section 202(f) of the Social Security Act (42 U.S.C. 402(f)) is 
amended--
            (1) paragraph (1), by striking ``The widower (as defined in 
        section 216(g) and every surviving divorced husband (as defined 
        in section 216(d)'' and inserting ``The widower (as defined in 
        section 216(g)), the male surviving permanent partner (as 
        defined in section 216(m)(3)), every surviving divorced husband 
        (as defined in section 216(d)), and every male surviving former 
        permanent partner (as defined in section 216(m)(5))'', and by 
        striking ``such widower or such surviving divorced husband'' 
        and inserting ``such widower, such surviving permanent partner, 
        such surviving divorced husband, or such surviving former 
        permanent partner'';
            (2) in paragraph (1)(A), by inserting ``and is not in a 
        permanent partnership'' after ``married'';
            (3) in paragraph (1)(C)(iii), by striking ``father's 
        insurance benefits'' and inserting ``parent's insurance 
        benefits'';
            (4) in subparagraph (E), by striking ``he'' each place it 
        appears and inserting ``such widower, surviving permanent 
        partner, surviving divorced husband, or surviving former 
        permanent partner'';
            (5) in subparagraph (F), by striking ``he'' each place it 
        appears and inserting ``such widower, surviving permanent 
        partner, surviving divorced husband, or surviving former 
        permanent partner'', and by striking ``his waiting period (as 
        defined in paragraph (5))'' and inserting ``the waiting period 
        (as defined in paragraph (5)) of such widower, surviving 
        permanent partner, surviving divorced husband, or surviving 
        former permanent partner'';
            (6) in the matter following subparagraph (F), by striking 
        ``he'' each place it appears and inserting ``such widower, 
        surviving permanent partner, surviving divorced husband, or 
        surviving former permanent partner'', and by striking ``his 
        disability'' and inserting ``the disability of such widower, 
        surviving permanent partner, surviving divorced husband, or 
        surviving former permanent partner'';
            (7) in paragraph (2)(A), by striking ``the widower (or 
        surviving divorced husband)'' and inserting ``the widower, 
        surviving permanent partner, surviving divorced husband, or 
        surviving former permanent partner'';
            (8) in paragraph (2)(B)(ii), by striking ``the widower (or 
        surviving divorced husband)'' and inserting ``the widower, 
        surviving permanent partner, surviving divorced husband, or 
        surviving former permanent partner'';
            (9) in paragraph (3)(D), by striking ``widower or surviving 
        divorced husband'' each place it appears and inserting 
        ``widower, surviving permanent partner, surviving divorced 
        husband, or surviving former permanent partner'';
            (10) in paragraph (4)(A), by striking ``widower or 
        surviving divorced husband'' and inserting ``widower, surviving 
        permanent partner, surviving divorced husband, or surviving 
        former permanent partner'', by inserting ``or enters into a 
        permanent partnership'' after ``marries'', and by striking 
        ``before such marriage occurred'' and inserting ``before such 
        marriage occurred or the commencement of such permanent 
        partnership'';
            (11) in paragraph (4)(B), by striking ``a disabled widower 
        or disabled surviving divorced husband'' and inserting ``a 
        widower, surviving permanent partner, surviving divorced 
        husband, or surviving former permanent partner who is disabled 
        as'';
            (12) in the matter following subparagraph (B) in paragraph 
        (3), by inserting ``or permanent partnership'' after 
        ``marriage'';
            (13) in paragraph (5), by striking ``any widower or 
        surviving divorced husband'' and inserting ``any widower, 
        surviving permanent partner, surviving divorced husband, or 
        surviving former permanent partner''; and
            (14) in paragraph (6), by striking ``widower or surviving 
        divorced husband'' in subparagraph (A) and inserting ``widower, 
        surviving permanent partner, surviving divorced husband, or 
        surviving former permanent partner'', and by striking ``widower 
        or surviving divorced husband'' in subparagraph (B) and 
        inserting ``widower, surviving permanent partner, surviving 
        divorced husband, or surviving former permanent partner''.

SEC. 8. MOTHER'S AND FATHER'S INSURANCE BENEFITS FOR SURVIVING 
              PERMANENT PARTNERS.

    Section 202(g) of the Social Security Act (42 U.S.C. 402(g)) is 
amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A)--
                    (A) by striking ``The surviving spouse and every 
                surviving divorced parent (as defined in section 
                216(d)'' and inserting ``The surviving spouse or 
                surviving permanent partner and every surviving 
                divorced parent (as defined in section 216(d)(7)) or 
                surviving former permanent partner parent (as defined 
                in section 216(m)(6))''; and
                    (B) by striking ``such surviving spouse or 
                surviving divorced parent'' and inserting ``such 
                surviving spouse, surviving permanent partner, 
                surviving divorced parent, or surviving former 
                permanent partner parent'';
            (2) in paragraph (1)(B), by striking ``surviving spouse's 
        insurance benefit'' and inserting ``widow's insurance benefit 
        or widower's insurance benefit'';
            (3) in paragraph (1)(F), ``or surviving former permanent 
        partner parent'' after ``surviving divorced parent'';
            (4) in the matter in paragraph (1) following subparagraph 
        (F)--
                    (A) by striking ``such surviving spouse or 
                surviving divorced parent'' and inserting ``such 
                surviving spouse, surviving permanent partner, 
                surviving divorced parent, or surviving former 
                permanent partner parent'';
                    (B) by striking ``surviving spouse's insurance 
                benefit'' and inserting ``widow's insurance benefit or 
                widower's insurance benefit''; and
                    (C) by inserting ``or surviving former permanent 
                partner parent'' after ``surviving divorced parent'' 
                each place it appears in the last sentence; and
            (5) in paragraph (3)--
                    (A) by striking ``surviving spouse or surviving 
                divorced parent'' and inserting ``surviving spouse, 
                surviving permanent partner, surviving divorced parent, 
                or surviving former permanent partner parent'';
                    (B) by inserting ``or enters into a permanent 
                partnership'' after ``marries'';
                    (C) by striking ``such surviving spouse or 
                surviving divorced parent'' and inserting ``such 
                surviving spouse, surviving permanent partner, 
                surviving divorced parent, or surviving former 
                permanent partner parent''; and
                    (D) by inserting ``or permanent partnership'' after 
                ``marriage''.

SEC. 9. LUMP SUM DEATH PAYMENTS FOR SURVIVING PERMANENT PARTNERS.

    Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is 
amended--
            (1) in the first sentence, by striking ``widow or widower'' 
        and inserting ``widow, widower, or surviving permanent 
        partner''; and
            (2) in paragraph (1), by striking ``widow (as defined in 
        section 216(c)) or widower (as defined in section 216(g))'' and 
        inserting ``widow (as defined in section 216(c)), widower (as 
        defined in section 216(g)), or surviving permanent partner (as 
        defined in section 216(m)(3))''.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Amendments to the Social Security Act.--
            (1) Section 202(j)(4)(B)(i) of such Act (42 U.S.C. 
        402(j)(4)(B)(i)) is amended--
                    (A) by striking ``widow, surviving divorced wife, 
                or widower'' and inserting ``widow, widower, surviving 
                permanent partner, surviving divorced spouse, or 
                surviving former permanent partner''; and
                    (B) by striking ``disabled widow or widower or 
                disabled surviving divorced wife'' and inserting 
                ``disabled widow, widower, or surviving permanent 
                partner or disabled surviving divorced spouse or 
                surviving former permanent partner''.
            (2) Section 202(q)(5)(D) of such Act (42 U.S.C. 
        402(q)(5)(D)) is amended--
                    (A) by striking ``a child of his or her deceased 
                spouse (or deceased former spouse)'' and inserting ``a 
                child of his or her deceased spouse or deceased 
                permanent partner (or deceased former spouse or 
                deceased former permanent partner)''; and
                    (B) by striking ``his or her deceased spouse's (or 
                deceased former spouse's) wages and self-employment 
                income'' and inserting ``the wages and self-employment 
                income of his or her deceased spouse or deceased 
                permanent partner (or deceased former spouse or 
                deceased former permanent partner)''.
            (3) Section 202(t)(11)(B) of such Act (42 U.S.C. 
        402(t)(11)(B)) is amended--
                    (A) by striking ``spousal relationship'' each place 
                it appears and inserting ``spousal or permanent 
                partnership relationship''; and
                    (B) by striking ``a wife, a husband, a widow, a 
                widower, a divorced wife, a divorced husband, a 
                surviving divorced wife, a surviving divorced husband, 
                a surviving divorced mother, a surviving divorced 
                father'' and inserting ``a wife, a husband, a permanent 
                partner, a widow, a widower, a surviving permanent 
                partner, a divorced wife, a divorced husband, a former 
                permanent partner, a surviving divorced wife, a 
                surviving divorced husband, a surviving former 
                permanent partner, a surviving divorced mother, a 
                surviving divorced father, a surviving former permanent 
                partner parent''.
            (4) Section 203(a)(3)(C) of such Act (42 U.S.C. 
        403(a)(3)(C)) is amended by inserting ``or former permanent 
        partner'' after ``a divorced spouse'' and by inserting 
        ``surviving former permanent partner'' after ``a surviving 
        divorced spouse''.
            (5) Section 203(a)(3)(D) of such Act (42 U.S.C. 
        403(a)(3)(D)) is amended--
                    (A) in clause (i), by inserting ``or permanent 
                partner'' after ``a spouse'' and by inserting ``or 
                surviving permanent partner'' after ``a surviving 
                spouse''.
            (6) Section 203(b)(2) of such Act (42 U.S.C. 403(b)(2)) is 
        amended--
                    (A) in subparagraph (A)(i), by inserting ``or 
                former permanent partner'' after ``divorced spouse'';
                    (B) by striking subparagraph (A)(ii) and inserting 
                the following:
            ``(ii)(I) if such person is such a divorced spouse, such 
        person has been divorced for not less than 2 years, or (II) if 
        such person is such a former permanent partner, the permanent 
        partnership has been terminated for not less than 2 years,'';
                    (C) in the matter in subparagraph (A) following 
                clause (ii), by inserting ``or former permanent 
                partner'' after ``such divorced spouse''; and
                    (D) in subparagraph (B), by inserting ``or former 
                permanent partner'' after ``divorced spouse'' and by 
                inserting ``or the date of the termination of the 
                permanent partnership'' after ``the date of the 
                divorce''.
            (7) Section 203(c) of such Act (42 U.S.C. 403(c)(3)) is 
        amended--
                    (A) in paragraph (2), by striking ``wife or 
                husband'' and inserting ``wife, husband, or permanent 
                partner'', by striking ``his or her spouse'' and 
                inserting ``the insured individual'', and by striking 
                ``such spouse'' and inserting ``such individual'';
                    (B) in paragraph (3), by striking ``widow or 
                widower'' and inserting ``widow, widower, or surviving 
                permanent partner'', and by inserting ``or deceased 
                permanent partner'' after ``deceased spouse'';
                    (C) in paragraph (4), by inserting ``or surviving 
                former permanent partner parent'' after ``surviving 
                divorced mother or father'', and by inserting ``or 
                deceased former permanent partner'' after ``deceased 
                former spouse''; and
                    (D) in the matter following paragraph (4), by 
                striking ``widow, surviving divorced wife, widower, or 
                surviving divorced husband'' and inserting ``widow, 
                widower, surviving permanent partner, surviving 
                divorced wife, surviving divorced husband, or surviving 
                former permanent partner''.
            (8) Section 203(d)(1)(A) of such Act (42 U.S.C. 
        403(d)(1)(A)) is amended by striking ``a wife, divorced wife, 
        husband, divorced husband, or child'' and inserting ``a wife, 
        husband, permanent partner, divorced wife, divorced husband, 
        former permanent partner, or child''.
            (9) Section 203(d)(1)(B) of such Act (42 U.S.C. 
        403(d)(1)(B)) is amended by inserting ``or former permanent 
        partner'' after ``divorced spouse'' each place it appears.
            (10) Paragraphs (1) and (7) of section 203(f) of such Act 
        (42 U.S.C. 403(f)) are amended by inserting ``and former 
        permanent partners'' after ``divorced spouses'' each place it 
        appears.
            (11) Paragraphs (1) and (4) of section 204(d) of such Act 
        (42 U.S.C. 404(d)) are amended by inserting ``or surviving 
        permanent partner'' after ``surviving spouse'' each place it 
        appears.
            (12) Section 205(b)(1) of such Act (42 U.S.C. 405(b)(1)) is 
        amended by striking ``wife, divorced wife, widow, surviving 
        divorced wife, surviving divorced mother, surviving divorced 
        father, husband, divorced husband, widower, surviving divorced 
        husband, child, or parent'' and inserting ``wife, husband, 
        permanent partner, divorced wife, divorced husband, former 
        permanent partner, surviving divorced wife, surviving divorced 
        husband, surviving divorced parent, surviving former permanent 
        partner parent, child, or parent''.
            (13) Section 205(c)(1)(C) of such Act (42 U.S.C. 
        205(c)(1)(C)) is amended by striking ``an individual's spouse, 
        surviving divorced wife, surviving divorced husband, surviving 
        divorced mother, surviving divorced father, child, or parent'' 
        and inserting ``an individual's spouse, permanent partner, 
        surviving divorced wife, surviving divorced husband, surviving 
        former permanent partner, surviving divorced parent, surviving 
        former permanent partner parent, child, or parent''.
            (14) Section 205(i) of such Act (42 U.S.C. 405(i)) is 
        amended by striking ``the wife or husband'' in clause (B) and 
        inserting ``the wife, husband, or permanent partner''.
            (15) Section 205(q)(5) of such Act (42 U.S.C. 405(q)(5)) is 
        amended by striking ``widow or widower'' and inserting ``widow, 
        widower, or surviving permanent partner''.
            (16) Section 208(c) of such Act (42 U.S.C. 408(c)) is 
        amended by inserting ``or permanent partner'' after ``spouse''.
            (17) Section 209(a)(14)(B) of such Act (42 U.S.C. 
        409(a)(14)(B)) is amended by striking ``plans)'' and inserting 
        ``plans), or which would be excluded from the gross income of 
        such employee's permanent partner if an exclusion under such 
        section with respect to a taxpayer's permanent partner were 
        allowable under such section''.
            (18) Section 210(a)(3)(B) of such Act (42 U.S.C. 
        410(a)(3)(B)) is amended--
                    (A) by striking ``his spouse or son or daughter'' 
                and inserting ``his spouse, permanent partner, son, or 
                daughter''; and
                    (B) by striking clause (i) and inserting the 
                following:
            ``(i) the employer is a surviving spouse, a surviving 
        permanent partner, a divorced individual, or a former permanent 
        partner and has not, since the death of his or her spouse or 
        permanent partner or the termination of his or her marriage or 
        permanent partnership, married or entered into a permanent 
        partnership, or the employer has a spouse or permanent partner 
        living in the home who has a mental or physical condition which 
        results in an incapability of such spouse or permanent partner 
        of caring for a son, daughter, stepson, or stepdaughter 
        (referred to in clause (ii)) for at least 4 continuous weeks in 
        the calendar quarter in which the service is rendered, and''.
            (19) Section 211(a)(5) of such Act (42 U.S.C. 411(a)(5)) is 
        amended--
                    (A) in subparagraph (A), by inserting ``or 
                permanent partner (as defined in section 216(m)(2))'' 
                after ``spouse'' each place it appears; and
                    (B) in subparagraph (B), by inserting ``business'' 
                before ``partner's'' and ``partner'' each place they 
                appear, and by inserting ``or permanent partner (as so 
                defined)'' after ``the spouse''.
            (20) Section 216(k) of such Act (42 U.S.C. 416(k)) is 
        amended--
                    (A) by striking ``subsection (c)(1) or'' and 
                inserting ``subsection (c)(1),'';
                    (B) by striking ``subsection (g)(1)'' and inserting 
                ``subsection (g)(1), or subparagraph (F) of subsection 
                (m)(3)'';
                    (C) by inserting ``, or the permanent partner 
                surviving an individual,'' after ``surviving spouse of 
                an individual'';
                    (D) by inserting ``or have been in a permanent 
                partnership with such individual'' after ``have been 
                married to such individual'';
                    (E) by striking ``widow or widower, and'' and 
                inserting ``widow, widower, or surviving permanent 
                partner,'';
                    (F) by inserting after ``such individual's child,'' 
                the following: ``and the requirement of subparagraph 
                (E) of subsection (m)(3) that a child of an individual 
                or such individual's permanent partner have been living 
                with the member of the permanent partnership who is not 
                the child's parent for not less than 1 year immediately 
                preceding the day on which such individual's permanent 
                partner died in order for such individual to qualify as 
                the surviving permanent partner of the deceased 
                permanent partner'';
                    (G) by striking ``applicable nine-month period'' 
                and inserting ``applicable period'';
                    (H) in paragraph (1), by striking ``the marriage 
                involved'' and inserting ``the commencement of the 
                marriage or permanent partnership involved'', and by 
                striking ``nine months'' and inserting ``the applicable 
                period'';
                    (I) in paragraph (2)(A), by inserting ``in the case 
                of the first requirement referred to in this 
                subsection,'' after ``(2)(A)'', by inserting ``, or the 
                surviving permanent partner of such individual had been 
                previously a member of a permanent partnership with 
                such individual and such permanent partnership had 
                subsequently been terminated,'' after ``and 
                subsequently divorced'', by inserting ``or the 
                termination of such permanent partnership'' after ``at 
                the time of such divorce'', by inserting ``or previous 
                permanent partnership'' after ``previous marriage'', by 
                inserting ``or (in the case of a permanent partnership) 
                other termination'' after ``by divorce'', and by 
                striking ``or'' at the end;
                    (J) in paragraph (2)(B), by inserting ``in the case 
                of the second requirement referred to in this 
                subsection,'' after ``(B)'', by inserting ``or during a 
                previous permanent partnership between such stepchild's 
                parent and such individual which ended in the 
                termination of such permanent partnership,'' after 
                ``divorce'' the first place it appears, by inserting 
                ``or termination'' after ``divorce'' the second place 
                it appears, by inserting ``or previous permanent 
                partnership'' after ``previous marriage'' the second 
                place it appears, by inserting ``or (in the case of a 
                permanent partnership) other termination'' after ``by 
                divorce'', and by adding ``or'' at the end;
                    (K) by inserting after paragraph (2)(B) the 
                following new subparagraph:
            ``(C) in the case of the third requirement referred to in 
        this subsection, the child of either member of the permanent 
        partnership had been living with the other member of such 
        permanent partnership during a previously terminated permanent 
        partnership between both such members and such requirement 
        would have been satisfied at the time of the termination if 
        such previous permanent partnership had been terminated by the 
        death of the deceased permanent partner;''; and
                    (L) in the matter in subsection (k) following 
                paragraph (2)(C) (as added by subparagraph (K)), by 
                striking ``marriage involved'' and inserting ``marriage 
                or permanent partnership involved'', and by striking 
                ``nine months'' and inserting ``the applicable 
                period''.
            (21) Section 225(a) of such Act (42 U.S.C. 425(a)) is 
        amended by striking ``widow or surviving divorced wife'' and 
        inserting ``widow, surviving permanent partner, surviving 
        divorced wife, or surviving former permanent partner'', and by 
        striking ``widower or surviving divorced husband'' and 
        inserting ``widower, surviving permanent partner, surviving 
        divorced husband, or surviving former permanent partner''.
            (22) Section 226(b)(2)(A)(iii) of such Act (42 U.S.C. 
        426(b)(2)(A)(iii)) is amended by inserting ``(as a surviving 
        spouse or surviving divorced spouse)'' after ``section 
        202(f)''.
    (b) Amendments to the Internal Revenue Code of 1986.--
            (1) Section 1402(a)(5) of the Internal Revenue Code of 1986 
        (relating to distribution of net earnings from self-employment 
        between spouses) is amended--
                    (A) in subparagraph (A), by inserting ``or 
                permanent partner (as defined in section 216(m)(2) of 
                the Social Security Act)'' after ``spouse'' the first 
                place it appears, and by inserting ``or permanent 
                partner'' after ``spouse'' each place it appears; and
                    (B) in subparagraph (B), by inserting ``business'' 
                before ``partner's'' and ``partner'' each place they 
                appear, and by inserting ``or permanent partner (as so 
                defined)'' after ``the spouse''.
            (2) Section 3121(a)(17) of such Code (relating to exclusion 
        from wages of benefits received from group legal services 
        plans) is amended by striking ``plans)'' and inserting 
        ``plans), or which would be excluded from the gross income of 
        such employee's permanent partner (as defined in section 
        216(m)(2) of the Social Security Act) if an exclusion under 
        such section with respect to a taxpayer's permanent partner 
        were allowable under such section''.
            (3) Section 3121(b)(3)(B) of such Code (relating to 
        exclusion from employment of service in the employ of mother, 
        father, spouse, son, or daughter) is amended--
                    (A) by striking ``his spouse or son or daughter'' 
                and inserting ``his spouse, permanent partner, son, or 
                daughter''; and
                    (B) by striking clause (i) and inserting the 
                following:
                    ``(i) the employer is a surviving spouse, a 
                surviving permanent partner (as defined in section 
                216(m)(3) of the Social Security Act), a divorced 
                individual, or a former permanent partner (as defined 
                in section 216(m)(4) of such Act) and has not, since 
                the death of his or her spouse or permanent partner (as 
                defined in section 216(m)(2) of such Act) or the 
                termination of his or her marriage or permanent 
                partnership (as defined in section 216(m)(1) of such 
                Act), married or entered into a permanent partnership, 
                or the employer has a spouse or permanent partner 
                living in the home who has a mental or physical 
                condition which results in an incapability of such 
                spouse or permanent partner of caring for a son, 
                daughter, stepson, or stepdaughter (referred to in 
                clause (ii)) for at least 4 continuous weeks in the 
                calendar quarter in which the service is rendered, 
                and''.

SEC. 11. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
benefits for which applications are filed after 1 year after the date 
of the enactment of this Act.
                                 <all>