[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 773 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 773

 To amend title II of the Social Security Act to provide for increases 
   in widow's and widower's insurance benefits by reason of delayed 
                              retirement.


_______________________________________________________________________


                    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 provide for increases 
   in widow's and widower's insurance benefits by reason of delayed 
                              retirement.

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

SECTION 1. INCREASE IN WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BY 
              REASON OF DELAYED RETIREMENT.

    (a) Delayed Retirement Credit for Widow's and Widower's Benefits.--
            (1) In general.--Section 202(w) of the Social Security Act 
        (42 U.S.C. 402(w)) is amended--
                    (A) in paragraph (1) by striking ``old-age 
                insurance benefit'' and inserting ``old-age, widow's, 
                or widower's insurance benefit'';
                    (B) in paragraph (2), by striking ``the number of 
                increment months for any individual'' in the matter 
                preceding subparagraph (A) and inserting ``the number 
                of increment months for any individual to whom an old-
                age, widow's, or widower's insurance benefit is payable 
                as described in paragraph (1)''; and
                    (C) by striking ``and'' at the end of paragraph 
                (2)(A), and by striking paragraph (2)(B) and inserting 
                the following:
            ``(B) with respect to which--
                    ``(i) in the case of an individual to whom an old-
                age insurance benefit is payable, such individual was a 
                fully insured individual (as defined in section 214(a)) 
                and--
                            ``(I) was not entitled to such a benefit, 
                        or
                            ``(II) was so entitled but did not receive 
                        benefits pursuant to a request by such 
                        individual that benefits not be paid, or
                    ``(ii) in the case of an individual to whom a 
                widow's or widower's insurance benefit is payable, such 
                individual satisfied subparagraphs (A), (B), and (D) of 
                subsection (e)(1) or (f)(1) and--
                            ``(I) was not entitled to such a benefit,
                            ``(II) was so entitled but suffered 
                        deductions under section 203(b) or 203(c) in 
                        amounts equal to the amount of such benefit, or
                            ``(III) was so entitled but did not receive 
                        benefits pursuant to a request by such 
                        individual that benefits not be paid, and
            ``(C) with respect to which such individual was not subject 
        to a penalty under section 1129A.''.
            (2) Conforming amendments to section 202(w).--
                    (A) Section 202(w)(3) of such Act (42 U.S.C. 
                402(w)(3)) is amended by striking ``old-age'' each 
                place it appears and inserting ``old-age, widow's, or 
                widower's''.
                    (B) Section 202(w)(5) of such Act (42 U.S.C. 
                402(w)(5)) is amended--
                            (i) by striking ``If an individual's 
                        primary insurance amount'' and inserting ``If 
                        the primary insurance amount on which an 
                        individual's old-age, widow's, or widower's 
                        insurance benefit is based'';
                            (ii) by striking ``old-age'' each place it 
                        appears and inserting ``old-age, widow's, or 
                        widower's'';
                            (iii) by striking ``his primary insurance 
                        amount'' each place it appears and inserting 
                        ``the primary insurance amount''; and
                            (iv) by striking ``he'' and ``his'' each 
                        place they appear and inserting ``such 
                        individual'' and ``such individual's'', 
                        respectively.
                    (C) Section 202(w)(6) of such Act (42 U.S.C. 
                402(w)(6)) is amended--
                            (i) by striking ``old-age'' each place it 
                        appears and inserting ``old-age, widow's, or 
                        widower's''; and
                            (ii) by adding at the end (after and below 
                        subparagraph (D)) the following new sentence:
``For purposes of this paragraph, an individual is deemed to become 
eligible for an old-age insurance benefit on the first day of the month 
in which such individual attains age 62, and for a widow's or widower's 
insurance benefit on the first day of the month in which such 
individual attains age 60.''.
            (3) Other conforming amendments.--
                    (A) Section 202(e)(2)(A) of such Act (42 U.S.C. 
                402(e)(2)(A)) is amended by inserting ``subsection 
                (w),'' after ``subsection (q),''.
                    (B) Section 202(f)(2)(A) of such Act (42 U.S.C. 
                402(f)(2)(A)) is amended by inserting ``subsection 
                (w),'' after ``subsection (q),''.
    (b) Treatment of Delayed Retirement in Cases of Simultaneous 
Entitlement to Old-Age Insurance Benefits and Widow's or Widower's 
Insurance Benefits.--Section 202(w) of the Social Security Act (42 
U.S.C. 402(w)) is amended--
            (1) by striking ``The amount'' in paragraph (1) and 
        inserting ``Subject to paragraph (7), the amount''; and
            (2) by adding at the end the following new paragraph:
    ``(7) If for any month an individual is entitled (prior to the 
application of this subsection) both to an old-age insurance benefit 
and to a widow's or widower's insurance benefit, the resulting increase 
(if any) in the amount of the widow's or widower's insurance benefit 
under paragraph (1) shall be made (prior to the application of 
subsection (k)(3)(A)) in lieu of any increase in the amount of the old-
age insurance benefit under such paragraph, unless--
            ``(A) the amount of such old-age insurance benefit would be 
        greater than the amount of such widow's or widower's insurance 
        benefit after the application of paragraph (1) to each such 
        benefit, or
            ``(B) the increase which would otherwise be made under such 
        paragraph in the amount of such old-age insurance benefit would 
        result (under the language following subparagraph (F) in the 
        first sentence of subsection (e)(1) or (f)(1)) in the 
        termination of the individual's entitlement to widow's or 
        widower's insurance benefits.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to widow's 
and widower's insurance benefits (under section 202 (e) and (f) of the 
Social Security Act) for months after the month in which this Act is 
enacted.
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