[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3915 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3915

To amend title II of the Social Security Act to improve social security 
  benefits for widows and widowers in two-income households, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2021

   Mr. Reed 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 improve social security 
  benefits for widows and widowers in two-income households, 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 ``Strengthening Social Security for 
Widows Act''.

SEC. 2. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN 
              TWO-INCOME HOUSEHOLDS.

    (a) In General.--
            (1) Widows.--Section 202(e) of the Social Security Act (42 
        U.S.C. 402(e)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by inserting 
                        ``and'' at the end;
                            (ii) in subparagraph (C)(iii), by striking 
                        ``and'' at the end;
                            (iii) by striking subparagraph (D);
                            (iv) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (D) and (E), respectively; 
                        and
                            (v) in the flush matter following 
                        subparagraph (E)(ii), as so redesignated, by 
                        striking ``or becomes entitled to an old-age 
                        insurance benefit'' and all that follows 
                        through ``such deceased individual,'';
                    (B) by striking subparagraph (A) in paragraph (2) 
                and inserting the following:
            ``(2)(A) Except as provided in subsection (k)(5), 
        subsection (q), and subparagraph (D) of this paragraph, such 
        widow's insurance benefit for each month shall be equal to the 
        greater of--
                    ``(i) the primary insurance amount (as determined 
                for purposes of this subsection after application of 
                subparagraphs (B) and (C)) of such deceased individual, 
                or
                    ``(ii) subject to paragraph (9), in the case of a 
                fully insured widow or surviving divorced wife, 75 
                percent of the sum of any old-age or disability 
                insurance benefit for which the widow or the surviving 
                divorced wife is entitled for such month and the 
                primary insurance amount (as determined for purposes of 
                this subsection after application of subparagraphs (B) 
                and (C)) of such deceased individual.'';
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (1)(F)'' and inserting ``paragraph 
                        (1)(E)''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraph (1)(F)(i)'' and inserting 
                        ``paragraph (1)(E)(i)''; and
                    (D) by adding at the end the following:
            ``(9) For purposes of paragraph (2)(A)(ii), the amount 
        determined under such paragraph shall not exceed the primary 
        insurance amount for such month of a hypothetical individual--
                    ``(A) who became entitled to old-age insurance 
                benefits upon attaining early retirement age during the 
                month in which the deceased individual referred to in 
                paragraph (1) became entitled to old-age or disability 
                insurance benefits, or died (before becoming entitled 
                to such benefits), and
                    ``(B) to whom wages and self-employment income were 
                credited in each of such hypothetical individual's 
                elapsed years (within the meaning of section 
                215(b)(2)(B)(iii)) in an amount equal to the national 
                average wage index (as described in section 209(k)(1)) 
                for each such year.''.
            (2) Widowers.--Section 202(f) of the Social Security Act 
        (42 U.S.C. 402(f)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by inserting 
                        ``and'' at the end;
                            (ii) in subparagraph (C)(iii), by striking 
                        ``and'' at the end;
                            (iii) by striking subparagraph (D);
                            (iv) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (D) and (E), respectively; 
                        and
                            (v) in the flush matter following 
                        subparagraph (E)(ii), as so redesignated, by 
                        striking ``or becomes entitled to an old-age 
                        insurance benefit'' and all that follows 
                        through ``such deceased individual,'';
                    (B) by striking subparagraph (A) in paragraph (2) 
                and inserting the following:
            ``(2)(A) Except as provided in subsection (k)(5), 
        subsection (q), and subparagraph (D) of this paragraph, such 
        widower's insurance benefit for each month shall be equal to 
        the greater of--
                    ``(i) the primary insurance amount (as determined 
                for purposes of this subsection after application of 
                subparagraphs (B) and (C)) of such deceased individual, 
                or
                    ``(ii) subject to paragraph (9), in the case of a 
                fully insured widower or surviving divorced husband, 75 
                percent of the sum of any old-age or disability 
                insurance benefit for which the widower or the 
                surviving divorced husband is entitled for such month 
                and the primary insurance amount (as determined for 
                purposes of this subsection after application of 
                subparagraphs (B) and (C)) of such deceased 
                individual.'';
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (1)(F)'' and inserting ``paragraph 
                        (1)(E)''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraph (1)(F)(i)'' and inserting 
                        ``paragraph (1)(E)(i)''; and
                    (D) by adding at the end the following:
            ``(9) For purposes of paragraph (2)(A)(ii), the amount 
        determined under such paragraph shall not exceed the primary 
        insurance amount for such month of a hypothetical individual--
                    ``(A) who became entitled to old-age insurance 
                benefits upon attaining early retirement age during the 
                month in which the deceased individual referred to in 
                paragraph (1) became entitled to old-age or disability 
                insurance benefits, or died (before becoming entitled 
                to such benefits), and
                    ``(B) to whom wages and self-employment income were 
                credited in each of such hypothetical individual's 
                elapsed years (within the meaning of section 
                215(b)(2)(B)(iii)) in an amount equal to the national 
                average wage index (as described in section 209(k)(1)) 
                for each such year.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to widow's and widower's insurance benefits payable 
for months after December 2023.

SEC. 3. BENEFITS FOR DISABLED SURVIVING SPOUSES.

    (a) In General.--
            (1) Eligibility for widow's insurance benefits.--Section 
        202(e)(1)(B)(ii) of the Social Security Act (42 U.S.C. 
        402(e)(1)(B)(ii)) is amended by striking ``has attained age 50 
        but has not attained age 60 and''.
            (2) Eligibility for widower's insurance benefits.--Section 
        202(f)(1)(B)(ii) of such Act (42 U.S.C. 402(f)(1)(B)(ii)) is 
        amended by striking ``has attained age 50 but has not attained 
        age 60 and''.
            (3) Conforming amendment.--Section 202(q)(3)(A) of such Act 
        (42 U.S.C. 402(q)(3)(A)) is amended by striking ``If the first 
        month'' and all that follows through ``widow's or widower's 
        insurance benefit)'' and inserting ``If the first month for 
        which an individual both is entitled to a wife's or husband's 
        insurance benefit and has attained age 62 or for which an 
        individual is entitled to a widow's or widower's insurance 
        benefit''.
    (b) Preclusion of Entitlement After Early Remarriage.--
            (1) Widow's insurance benefits.--Section 202(e)(1)(B)(ii) 
        of such Act (42 U.S.C. 402(e)(1)(B)(ii)) is amended by 
        inserting ``and has not remarried prior to attaining the age 
        which is 12 years less than early retirement age (as defined in 
        section 216(l)(2))'' before the comma.
            (2) Widower's insurance benefits.--Section 202(f)(1)(B)(ii) 
        of such Act (42 U.S.C. 402(f)(1)(B)(ii)) is amended by 
        inserting ``and has not remarried prior to attaining the age 
        which is 12 years less than early retirement age (as defined in 
        section 216(l)(2))'' before the comma.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to benefits payable for months after December 2022 
and for which applications are filed after December 2022.
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