[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3457 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3457

  To amend title II of the Social Security Act to increase survivors 
benefits for disabled widows, widowers, and surviving divorced spouses, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2018

  Mr. Casey (for himself, Mrs. McCaskill, Mrs. Gillibrand, Ms. Cortez 
 Masto, and Mrs. Murray) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title II of the Social Security Act to increase survivors 
benefits for disabled widows, widowers, and surviving divorced spouses, 
                        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 ``Surviving Widow(er) Income Fair 
Treatment Act of 2018'', or the ``SWIFT Act''.

SEC. 2. ELIGIBILITY FOR UNREDUCED SURVIVORS BENEFITS FOR WIDOWS, 
              WIDOWERS, AND SURVIVING DIVORCED SPOUSES WITH 
              DISABILITIES AT ANY AGE.

    (a) In General.--Section 202 of the Social Security Act (42 U.S.C. 
402) is amended--
            (1) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B)(ii)--
                                    (I) by striking ``has attained age 
                                50 but has not attained age 60 and''; 
                                and
                                    (II) by striking ``which began 
                                before the end of the period specified 
                                in paragraph (4)''; and
                            (ii) in subparagraph (F)(ii), by striking 
                        ``(I) in the period specified in paragraph (4) 
                        and (II)'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) For purposes of paragraph (1), if a widow or 
        surviving divorced wife marries after the first month in which 
        she satisfies subparagraphs (A) and (B) of such paragraph, such 
        marriage shall be deemed not to have occurred.'';
                    (C) by striking paragraph (4); and
                    (D) in paragraph (5)(A), by amending clause (ii) to 
                read as follows:
                    ``(ii) which begins not earlier than the first day 
                of the seventeenth month before the month in which her 
                application is filed.''; and
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B)(ii)--
                                    (I) by striking ``has attained age 
                                50 but has not attained age 60 and''; 
                                and
                                    (II) by striking ``which began 
                                before the end of the period specified 
                                in paragraph (4)''; and
                            (ii) in subparagraph (F)(ii), by striking 
                        ``(I) in the period specified in paragraph (4) 
                        and (II)'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) For purposes of paragraph (1), if a widower or 
        surviving divorced husband marries after the first month in 
        which he satisfies subparagraphs (A) and (B) of such paragraph, 
        such marriage shall be deemed not to have occurred.'';
                    (C) by striking paragraph (4); and
                    (D) in paragraph (5)(A), by amending clause (ii) to 
                read as follows:
                    ``(ii) which begins not earlier than the first day 
                of the seventeenth month before the month in which his 
                application is filed.''; and
    (b) Elimination of Reduction of Benefit Amounts for Benefits 
Claimed by Widows, Widowers, and Surviving Divorced Spouses With 
Disabilities Before Retirement Age.--Section 202(q) of the Social 
Security Act (42 U.S.C. 402(q)) is amended--
            (1) in paragraph (3)(A), by striking ``and has attained age 
        62'' and all that follows through ``widower's insurance 
        benefit)'' and inserting ``and, in the case of a wife's or 
        husband's insurance benefit, has attained age 62'';
            (2) in paragraph (5), by adding at the end the following 
        new subparagraph:
    ``(E) No widow's or widower's insurance benefit shall be reduced 
under this subsection for any month during which the individual 
entitled to such benefit is entitled to the benefit on the basis of 
paragraph (1)(B)(ii) of subsection (e) (in the case of a widow's 
insurance benefit) or paragraph (1)(B)(ii) of subsection (f) (in the 
case of a widower's insurance benefit).''; and
            (3) in paragraph (7)--
                    (A) in subparagraph (E), by striking ``benefits, 
                and'' and inserting ``benefits,'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``, and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(G) in the case of a widow's or widower's insurance 
        benefit--
                    ``(i) any month in which there was no reduction to 
                the benefit under this subsection pursuant to paragraph 
                (5)(E); and
                    ``(ii) any month in which there would have been no 
                reduction to the benefit under this subsection pursuant 
                to paragraph (5)(E) if such paragraph had been in 
                effect for such month.''.
    (c) Technical Amendments.--Section 202 of the Social Security Act 
(42 U.S.C. 402) is amended--
            (1) in subsection (e)--
                    (A) by redesignating paragraphs (5) through (8) as 
                paragraphs (4) through (7); and
                    (B) in paragraph (1)(F)(i), by striking ``(as 
                defined in paragraph (5))'' and inserting ``(as defined 
                in paragraph (4))''; and
            (2) in subsection (f)--
                    (A) by redesignating paragraphs (5) through (8) as 
                paragraphs (4) through (7); and
                    (B) in paragraph (1)(F)(i), by striking ``(as 
                defined in paragraph (5))'' and inserting ``(as defined 
                in paragraph (4))''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2020, and shall apply to determinations of 
eligibility for, and the amount of, widow's and widower's insurance 
benefits payable on or after such date.

SEC. 3. INCREASE IN CHILD'S AGE LIMIT FOR CHILD-IN-CARE BENEFITS.

    (a) In General.--Section 202(s)(1) of the Social Security Act (42 
U.S.C. 402(s)(1)) is amended by striking ``age of 16'' and inserting 
``age of 18 (or, in the case of a child who is a full-time elementary 
or secondary school student, 19)''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on January 1, 2020, and shall apply to determinations of 
eligibility for, and the amount of, benefits payable on or after such 
date.

SEC. 4. MODIFICATION OF BENEFIT LIMIT FOR WIDOWS, WIDOWERS, AND 
              SURVIVING DIVORCED SPOUSES; INCREASE IN BENEFIT AMOUNT 
              FOR DELAY IN CLAIMING BENEFITS.

    (a) In General.--Section 202 of the Social Security Act (42 U.S.C. 
402), as amended by section 2, is further amended--
            (1) in subsection (e)(2)--
                    (A) in subparagraph (A), by inserting ``subsection 
                (aa), subsection (bb)'' after ``subsection (q),''; and
                    (B) by amending subparagraph (D) to read as 
                follows:
    ``(D) Subject to subsections (aa) and (bb), if the deceased 
individual (on the basis of whose wages and self-employment income a 
widow or surviving divorced wife is entitled to widow's insurance 
benefits under this subsection) was, at any time, entitled to an old-
age insurance benefit which was reduced by reason of the application of 
subsection (q), the widow's insurance benefit of such widow or 
surviving divorced wife for any month shall not exceed the greater of--
            ``(i) amount of the old-age insurance benefit to which such 
        deceased individual would have been entitled (after application 
        of subsection (q)) for such month if such individual were still 
        living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were 
        applied, where applicable; and
            ``(ii) 82\1/2\ percent of the primary insurance amount (as 
        determined without regard to subparagraph (C)) of such deceased 
        individual.'';
            (2) in subsection (f)(2)--
                    (A) in subparagraph (A), by inserting ``subsection 
                (aa), subsection (bb),'' after ``subsection (q),''; and
                    (B) by amending subparagraph (D) to read as 
                follows:
    ``(D) Subject to subsections (aa) and (bb), if the deceased 
individual (on the basis of whose wages and self-employment income a 
widower or surviving divorced husband is entitled to widower's 
insurance benefits under this subsection) was, at any time, entitled to 
an old-age insurance benefit which was reduced by reason of the 
application of subsection (q), the widower's insurance benefit of such 
widower or surviving divorced husband for any month shall not exceed 
the greater of--
            ``(i) amount of the old-age insurance benefit to which such 
        deceased individual would have been entitled (after application 
        of subsection (q)) for such month if such individual were still 
        living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were 
        applied, where applicable; and
            ``(ii) 82\1/2\ percent of the primary insurance amount (as 
        determined without regard to subparagraph (C)) of such deceased 
        individual.''; and
            (3) by adding at the end the following new subsections:

   ``Increase Over Retirement Insurance Benefit Limit of Widow's and 
 Widower's Insurance Benefit Amounts on Account of Delayed Receipt of 
                                Benefit

    ``(aa)(1) Subject to paragraph (6), the amount of a widow's or 
widower's insurance benefit (other than a benefit based on a primary 
insurance amount determined under section 215(a)(3) as in effect in 
December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which 
is payable without regard to this subsection to an individual who is 
described in paragraph (7) for a month shall be increased by--
            ``(A) the applicable percentage (as determined for the 
        individual under paragraph (5)) of such amount, multiplied by
            ``(B) the number (if any) of the increment months for such 
        individual.
    ``(2) For purposes of this subsection, the number of increment 
months for any individual shall be a number equal to the total number 
of months beginning on or after January 1, 2020, during which--
            ``(A) the individual--
                    ``(i) would have been entitled to a widow's or 
                widower's insurance benefit except that the individual 
                had not filed an application for such benefit; or
                    ``(ii) was entitled to a widow's or widower's 
                insurance benefit that the individual did not receive 
                pursuant to a request under section 202(z) that such 
                benefit not be paid;
            ``(B) the individual had attained early retirement age (as 
        defined in section 216(l)(2)); and
            ``(C) the individual was not under a penalty imposed under 
        section 1129A.
    ``(3) For purposes of paragraph (1), a determination of the total 
number of increment months for an individual shall be made each time 
the individual becomes entitled or re-entitled to a widow's or 
widower's insurance benefit or begins receiving such a benefit after a 
period during which the individual did not receive the benefit pursuant 
to a request under section 202(z) that such benefit not be paid.
    ``(4) This subsection shall be applied to a widow's or widower's 
insurance benefit before any reduction under this title except for the 
reduction under subparagraph (D) of subsection (e)(2) or (f)(2) of 
section 202 (as applicable).
    ``(5) For purposes of paragraph (1)(A), the applicable percentage 
for an individual is a percentage equal to--
            ``(A) 28.5; divided by
            ``(B) the number of months between the month in which the 
        individual attains early retirement age (as defined in section 
        216(l)(2)) and the month in which the individual attains 
        retirement age (as defined in section 216(l)(1)).
    ``(6) In no case shall the amount of a widow or widower's insurance 
benefit be increased under this subsection to an amount that exceeds 
the higher of--
            ``(A) the primary insurance amount of the deceased 
        individual on whose wages and self-employment income the 
        widow's or widower's insurance benefit is based; or
            ``(B) the amount of the old-age insurance benefit to which 
        such deceased individual would have been entitled (after 
        application of subsection (q) and, where applicable, subsection 
        (w)) for such month if such individual were still living and 
        section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, 
        where applicable.
    ``(7) An individual described in this section is an individual who 
is entitled to a widow's or widower's insurance benefit that is subject 
to reduction under subparagraph (D) of subsection (e)(2) or (f)(2) of 
section 202 (as applicable).

   ``Increase in Widow's and Widower's Insurance Benefit Amounts on 
                 Account of Delayed Receipt of Benefit

    ``(bb)(1) Subject to paragraph (6), the amount of a widow's or 
widower's insurance benefit (other than a benefit based on a primary 
insurance amount determined under section 215(a)(3) as in effect in 
December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which 
is payable without regard to this subsection to an individual for a 
month shall be increased by--
            ``(A) the applicable percentage (as determined for the 
        individual under paragraph (5)) of such amount, multiplied by
            ``(B) the number (if any) of the increment months for such 
        individual.
    ``(2) For purposes of this subsection, the number of increment 
months for any individual shall be a number equal to the total number 
of months beginning on or after January 1, 2020, during which--
            ``(A) the individual--
                    ``(i) would have been entitled to a widow's or 
                widower's insurance benefit except that the individual 
                had not filed an application for such benefit; or
                    ``(ii) was entitled to a widow's or widower's 
                insurance benefit that the individual did not receive 
                pursuant to a request under section 202(z) that such 
                benefit not be paid;
            ``(B) the individual had attained retirement age (as 
        defined in section 216(l)(1));
            ``(C) the individual was not under a penalty imposed under 
        section 1129A; and
            ``(D) the individual--
                    ``(i) is not an individual described in subsection 
                (aa)(7); or
                    ``(ii) is an individual--
                            ``(I) who is described in subsection 
                        (aa)(7); and
                            ``(II) who, if the individual were entitled 
                        to and did receive a widower's or widower's 
                        insurance benefit for the month, would receive 
                        a benefit that would be increased under 
                        subsection (aa) to the maximum amount 
                        permissible under paragraph (6) of such 
                        subsection.
    ``(3) For purposes of paragraph (1), a determination of the total 
number of increment months for an individual shall be made each time 
the individual becomes entitled or re-entitled to a widow's or 
widower's insurance benefit or begins receiving such a benefit after a 
period during which the individual did not receive the benefit pursuant 
to a request under section 202(z) that such benefit not be paid.
    ``(4) This subsection shall be applied to a widow's or widower's 
insurance benefit--
            ``(A) after application of subsections (e)(2)(C), 
        (f)(2)(C), and (aa) (as applicable); and
            ``(B) before any other reduction under this title.
    ``(5) For purposes of paragraph (1)(A), the applicable percentage 
for an individual is--
            ``(A) \1/12\ of 1 percent in the case of an individual who 
        attains early retirement age in any calendar year before 1979;
            ``(B) \1/4\ of 1 percent in the case of an individual who 
        attains early retirement age in any calendar year after 1978 
        and before 1987;
            ``(C) in the case of an individual who attains early 
        retirement age in a calendar year after 1986 and before 2005, a 
        percentage equal to the applicable percentage in effect under 
        this subparagraph for persons who attain early retirement age 
        in the preceding calendar year (as increased pursuant to this 
        clause), plus \1/24\ of 1 percent if the calendar year in which 
        the individual involved attains early retirement age is not 
        evenly divisible by 2; and
            ``(D) \2/3\ of 1 percent in the case of an individual who 
        attains early retirement age in a calendar year after 2004.
    ``(6) In no case shall the amount of a widow or widower's insurance 
benefit be increased under this subsection to an amount that exceeds 
the maximum amount to which the old age insurance benefit (as 
determined without regard to subsection (w)) of the individual on whose 
wages and self-employment income the widow's or widower's insurance 
benefit is based could have been increased under subsection (w).''.
    (b) Conforming Amendment.--Section 202(z)(1)(A) of the Social 
Security Act (42 U.S.C. 402(z)(1)(A)) is amended--
            (1) in the matter preceding clause (i), by inserting ``and 
        any individual who is entitled to widow's or widower's 
        insurance benefits at any age'' before ``may request that''; 
        and
            (2) in clause (ii), by inserting ``, or, in the case of an 
        individual entitled to a widow's or widower's insurance 
        benefit, the first month in which, if the individual filed an 
        application for such benefit or requested that such benefit be 
        resumed in such month, the amount of such benefit would be 
        equal to the maximum amount permissible under subsection 
        (aa)(7)'' before the period.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2020, and shall apply to the determination of the 
amount of widow's and widower's insurance benefits payable on or after 
such date.

SEC. 5. HOLDING CURRENT BENEFICIARIES HARMLESS.

    (a) In General.--In the case of an individual who is receiving 
benefits or assistance under any Federal program or under any State or 
local program financed in whole or in part with Federal funds as of the 
date on which the amendments made by this Act take effect, the amount 
of any additional income that is attributable to an increase in 
benefits under title II of the Social Security Act (42 U.S.C. 401 et 
seq.) or to new eligibility for benefits under such title that results 
from the amendments made by this Act shall be disregarded for the 
purpose of determining such individual's continued eligibility for, and 
amount of, benefits or assistance under such Federal, State, or local 
program.
    (b) Limitation.--In the case of an individual described in 
subsection (a) who, after the date on which the amendments made by this 
Act take effect, ceases to be eligible for benefits or assistance under 
a Federal, State, or local program described in such subsection, such 
subsection shall not apply to such individual for purposes of such 
program beginning on the date that such individual ceases to be so 
eligible.

SEC. 6. PROVISION OF INFORMATION TO WIDOWS, WIDOWERS, AND SURVIVING 
              DIVORCED SPOUSES.

    (a) In General.--Not later than January 1, 2020, the Commissioner 
of Social Security shall publish a booklet containing information 
related to benefits available under title II of the Social Security Act 
to widows, widowers, and surviving divorced spouses, including 
information on--
            (1) how old-age insurance benefits and survivors insurance 
        benefits interact with each other;
            (2) how to claim benefits, and how the timing of claiming 
        benefits can impact benefit amounts;
            (3) the lump sum death benefit; and
            (4) how to contact the Social Security Administration for 
        additional information.
    (b) Provision of Booklet to Widows, Widowers, and Surviving 
Divorced Spouses.--In the case of any individual who dies on or after 
January 1, 2020, the Commissioner of Social Security shall, not later 
than 30 days after the Social Security Administration is informed of 
the death of such individual, mail a copy of the booklet described in 
subsection (a) to each widow, widower, or surviving divorced spouse of 
the individual who is known to the Social Security Administration 
(based on the records of the Social Security Administration).
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