[Congressional Record Volume 143, Number 42 (Thursday, April 10, 1997)]
[Extensions of Remarks]
[Pages E630-E631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF LEGISLATION PROVIDING FOR THE RELIEF OF NANCY WILSON

                                 ______
                                 

                          HON. THOMAS H. ALLEN

                                of maine

                    in the house of representatives

                        Thursday, April 10, 1997

  Mr. ALLEN. Mr. Speaker, I rise today to introduce a private relief 
bill that would provide Social Security widow benefits for my 
constituent, Nancy B. Wilson of Bremen, ME. I appreciate the 
opportunity to help resolve Nancy Wilson's unjust restriction of 
benefits.
  Section 216(c) of the Social Security Act requires that a widow be 
married for at least 9 months to collect her spouse's benefit. Nancy 
Wilson is not eligible for her husband's Social Security benefit 
because she was legally married to Al Wilson for only 7 months.
  In the mid 1940's, Al Wilson's first wife was committed to a mental 
institution in Massachusetts. Mr. Wilson wanted a divorce, but was 
unable to proceed due to Massachusetts State law. According to a study 
conducted by the Congressional Research Service (CRS), the existing 
State law excluded insanity or institutionalization as grounds for a 
divorce.
  In 1950, Nancy had a common-law marriage with Mr. Wilson. For 19 
years, these two people lived as husband and wife. Al had two children 
from his original marriage. Nancy also had a child. They raised their 
children together

[[Page E631]]

as a family. Nancy stayed at home, allowing Al to work and support the 
Family. Through his employment, Mr. Wilson paid into the Social 
Security trust fund.
  In 1969, Al Wilson's wife passed away in the institution where she 
had spent her last 25 years. Within 20 days, Nancy and Al Wilson were 
legally married. After waiting 19 years to be legally recognized as 
husband and wife, Al and Nancy's marriage lasted less than 1 year. 
Seven months after their marriage, Al passed away.
  In 1991, upon turning 64, Nancy Wilson applied for widow benefits. 
She was refused on the grounds that the duration of her marriage did 
not satisfy the 9 month requirement. She went through the full appeal 
process, but was again denied.
  A spouse forgoes employment to work in the home. Work in the home 
helps the family, but hurts the individual who, as a result, does not 
accumulate Social Security benefits. The intent of the Social Security 
Act is that widows and widowers be entitled to their spouse's benefit 
to offset their personal lack of sufficient benefits. This private 
relief bill seeks to fulfill this intent in the case of Nancy Wilson. 
The 9 month requirement for Social Security widow benefits is not 
disputed by this bill.
  Nancy Wilson's situation fulfills the intent of the Social Security 
Act. Al and Nancy were prohibited from marrying. It was their choice to 
coexist as husband and wife, and as a family. Nancy raised the couple's 
children while Al provided financially for the family. Clearly, Nancy 
and Al Wilson would have married if the law would have allowed. Now, 
after a lifetime together, Nancy cannot collect the widow benefits she 
deserves.
  This private relief bill makes Nancy Wilson eligible for widow 
benefits. The bill establishes that Nancy and Al were married for no 
less than 9 months. This unique situation is an exception that will not 
be repeated. Since their marriage, the no-fault divorce statute has 
been enacted in Massachusetts, which prevents this situation from 
reoccurring.
  Thank you Mr. Speaker for this opportunity to advocate for my 
constituent, Nancy Wilson. Clearly, Nancy's unfortunate situation 
deserves to be addressed.

                          ____________________