[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 770 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 770

   To amend title II of the Social Security Act to repeal the 7-year 
restriction on eligibility for widow's and widower's insurance benefits 
                          based on disability.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

  Mrs. Lowey introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To amend title II of the Social Security Act to repeal the 7-year 
restriction on eligibility for widow's and widower's insurance benefits 
                          based on disability.

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

SECTION 1. 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 (8) as paragraphs (4) through 
                (7), 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 (6)''.
                    (C) 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 (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 (8) as paragraphs (4) through 
                (7), 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 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 
                (5)'' and inserting ``paragraph (4)''.
                    (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 (6)''.
                    (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)(4)'' 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 December 2009 for which 
applications are filed or pending on or after January 1, 2010.
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