[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2025 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2025

   To amend title II of the Social Security Act to provide for equal 
treatment of individuals in same-sex marriages, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2015

 Mr. Takano (for himself, Mr. Vargas, Ms. Clark of Massachusetts, Mr. 
  Conyers, Mr. Thompson of California, Mrs. Davis of California, Mr. 
 Lewis, Ms. Speier, Mr. Levin, Mr. Pocan, Ms. Lee, Mr. McDermott, Mr. 
   Peters, Mr. Kind, Ms. Roybal-Allard, Ms. Esty, Mr. Lowenthal, Ms. 
Wilson of Florida, Ms. Pingree, Ms. Frankel of Florida, Mr. Garamendi, 
and Mr. Polis) 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 equal 
treatment of individuals in same-sex marriages, 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 and Medicare Parity 
Act of 2015''.

SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE SOCIAL SECURITY ACT.

    (a) In General.--Section 216(h)(1)(A)(i) of the Social Security Act 
(42 U.S.C. 416(h)(1)(A)(i)) is amended by striking ``is domiciled'' and 
all that follows through ``the District of Columbia,'' and inserting 
``and such applicant were married (or, if such insured individual and 
such applicant were not married in any State but were validly married 
in another jurisdiction, the courts of any State)''.
    (b) Effective Date.--The amendments made by this section shall 
apply to all final determinations of family status made after June 26, 
2013.

SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH REQUIREMENT FOR 
              WIDOWS, STEPCHILDREN, OR WIDOWERS IN CERTAIN CASES.

    Section 216(k) of the Social Security Act (42 U.S.C. 416(k)) is 
amended--
            (1) in the section heading, by striking ``in Case of 
        Accidental Death or in Case of Serviceman Dying in Line of 
        Duty, or in Case of Remarriage to the Same Individual'' and 
        inserting ``in certain cases'';
            (2) in paragraph (1), by striking ``or'' at the end;
            (3) in paragraph (2)(B), by adding ``or'' at the end; and
            (4) by inserting after paragraph (2) the following:
            ``(3)(A) in the case of a widow or widower of such 
        individual whose marriage to such individual would not have 
        been treated as a marriage for purposes of Federal law prior to 
        June 26, 2013, such widow or widower--
                    ``(i) became the wife or husband of such individual 
                (or was deemed to be the wife or husband of such 
                individual under subsection (h)(1)(A)(ii))--
                            ``(I) if such widow or widower is domiciled 
                        in a State that recognized same-sex marriages, 
                        civil unions, or registered domestic 
                        partnerships as of June 26, 2013, before March 
                        26, 2014; and
                            ``(II) if such widow or widower is 
                        domiciled in any other State--
                                    ``(aa) before March 26, 2014; or
                                    ``(bb) if applicable, during the 9-
                                month period beginning with the 1st 
                                date on which such State recognized 
                                same-sex marriages, civil unions, or 
                                registered domestic partnerships; and
                    ``(ii) provides a sworn affidavit that the widow or 
                widower was married to, or in a domestic partnership 
                with, such individual throughout the 9-month period 
                ending on the date of the individual's death; or
            ``(B) the stepchild of such individual--
                    ``(i) became the stepchild of such individual as a 
                result of a parent of the stepchild becoming the wife 
                or husband of such individual (or being deemed to be 
                the wife or husband of such individual under subsection 
                (h)(1)(A)(ii))--
                            ``(I) if such parent is domiciled in a 
                        State that recognized same-sex marriages, civil 
                        unions, or registered domestic partnerships as 
                        of June 26, 2013, before March 26, 2014; and
                            ``(II) if such parent is domiciled in any 
                        other State--
                                    ``(aa) before March 26, 2014; or
                                    ``(bb) if applicable, during the 9-
                                month period beginning with the 1st 
                                date on which such State recognized 
                                same-sex marriages, civil unions, or 
                                registered domestic partnerships; and
                    ``(ii) provides a sworn affidavit that such parent 
                was married to, or in a domestic partnership with, such 
                individual throughout the 9-month period ending on the 
                date of the individual's death;''.

SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR REQUIREMENT FOR WIVES, 
              STEPCHILDREN, OR HUSBANDS IN CERTAIN CASES.

    The requirement in section 216(b)(2) of the Social Security Act (42 
U.S.C. 416) and the requirement in section 216(f)(2) of such Act that 
the spouse of an individual shall have been married to such individual 
for a period of not less than 1 year immediately preceding the day on 
which the spouse's application for wife's or husband's insurance 
benefits is filed in order to qualify as such individual's wife or 
husband, and the requirement in section 216(e)(2) of such Act that the 
stepchild of an individual shall have been such stepchild for not less 
than 1 year immediately preceding the day on which application for 
child's insurance benefits is filed in order to qualify as such 
individual's child, shall be deemed to be satisfied, where such 
application is filed within the applicable 1-year period, if--
            (1) in the case of a wife or husband of such individual 
        whose marriage to such individual would not have been treated 
        as a marriage for purposes of Federal law prior to June 26, 
        2013, such wife or husband--
                    (A) became the wife or husband of such individual 
                (or was deemed to be the wife or husband of such 
                individual under subsection (h)(1)(A)(ii) of such 
                Act)--
                            (i) if such wife or husband is domiciled in 
                        a State that recognized same-sex marriages, 
                        civil unions, or registered domestic 
                        partnerships as of June 26, 2013, before June 
                        26, 2014; and
                            (ii) if such wife or husband is domiciled 
                        in any other State--
                                    (I) before June 26, 2014; or
                                    (II) if applicable, during the 1-
                                year period beginning with the 1st date 
                                on which such State recognized same-sex 
                                marriages, civil unions, or registered 
                                domestic partnerships; and
                    (B) provides a sworn affidavit that the wife or 
                husband was married to, or in a domestic partnership 
                with, such individual throughout the 1-year period 
                ending on the date of the application for wife's or 
                husband's insurance benefits; or
            (2) the stepchild of such individual--
                    (A) became the stepchild of such individual as a 
                result of a parent of the stepchild becoming the wife 
                or husband of such individual (or being deemed to be 
                the wife or husband of such individual under subsection 
                (h)(1)(A)(ii) of such Act)--
                            (i) if such parent is domiciled in a State 
                        that recognized same-sex marriages, civil 
                        unions, or registered domestic partnerships as 
                        of June 26, 2013, before June 26, 2014; and
                            (ii) if such parent is domiciled in any 
                        other State--
                                    (I) before June 26, 2014; or
                                    (II) if applicable, during the 1-
                                year period beginning with the 1st date 
                                on which such State recognized same-sex 
                                marriages, civil unions, or registered 
                                domestic partnerships; and
                    (B) provides a sworn affidavit that such parent was 
                married to, or in a domestic partnership with, such 
                individual throughout the 1-year period ending on the 
                date of the application for child's insurance benefits.

SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
conduct a comprehensive and effective 3-year outreach campaign to 
encourage individuals newly eligible for benefits under title II of the 
Social Security Act as a result of changes in law relating to same-sex 
marriage and occurring on or after June 26, 2013, including this Act 
and the amendments made thereby, to apply for such benefits. Such 
outreach campaign shall include direct notification regarding such 
changes in law to current beneficiaries and to individuals approaching 
retirement.
    (b) Report to Congress.--Not later than December 31 of each of the 
1st 3 calendar years beginning after the date of the enactment of this 
Act, the Commissioner of Social Security shall submit to the Committee 
on Ways and Means of the House of Representatives, the Committee on 
Finance of the Senate, and the Committees on Appropriations of the 
House of Representatives and the Senate a report that includes--
            (1) a description of the educational and outreach 
        activities conducted by the Commissioner of Social Security 
        under subsection (a) during the preceding year;
            (2) the number of applications for benefits under title II 
        of the Social Security Act filed as a result of changes in law 
        relating to same-sex marriage and occurring on or after June 
        26, 2013, including this Act and the amendments made thereby, 
        in the preceding year; and
            (3) the number of such applications which resulted in 
        entitlement to benefits.
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