[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 771 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 771

To amend title II of the Social Security Act to eliminate the two-year 
  waiting period for divorced spouse's benefits following the divorce.


_______________________________________________________________________


                    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 eliminate the two-year 
  waiting period for divorced spouse's benefits following the divorce.

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

SECTION 1. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S 
              BENEFITS FOLLOWING THE DIVORCE IN CASES OF PRIOR RECEIPT 
              OF SPOUSE'S BENEFITS.

    (a) Wife's Insurance Benefits.--Section 202(b)(4)(A) of the Social 
Security Act (42 U.S.C. 402(b)(4)(A)) is amended by striking ``divorced 
wife--'' and all that follows through ``shall be entitled'' and 
inserting ``divorced wife meets the requirements of subparagraphs (A) 
through (D) of paragraph (1), shall be entitled''.
    (b) Husband's Insurance Benefits.--Section 202(c)(4)(A) of such Act 
(42 U.S.C. 402(c)(4)(A)) is amended by striking ``divorced husband--'' 
and all that follows through ``shall be entitled'' and inserting 
``divorced husband meets the requirements of subparagraphs (A) through 
(D) of paragraph (1), shall be entitled''.
    (c) Exemption From Deductions on Account of Work.--Section 
203(b)(2) of such Act (42 U.S.C. 403(b)(2)) is amended--
            (1) by striking ``(2)(A) Except as'' and all that follows 
        through ``the benefit to which'' and inserting the following: 
        ``(2) In any case in which any of the other persons referred to 
        in paragraph (1)(B) is entitled to monthly benefits as a 
        divorced spouse under subsection (b) or (c) of section 202 for 
        any month, the benefit to which''; and
            (2) by striking subparagraph (B).

SEC. 2. EFFECTIVE DATE.

    The amendments made by section 1 shall apply with respect to 
benefits for months after the date of the enactment of this Act.
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