[Congressional Record Volume 148, Number 64 (Friday, May 17, 2002)]
[Senate]
[Pages S4537-S4538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon (for himself and Mrs. Feinstein):
  S. 2533. A bill to amend title II of the Social Security Act to 
provide for miscellaneous enhancements in Social Security benefits, and 
for other purposes; to the Committee on Finance.
  Mr. SMITH of Oregon. Mr. President, I rise today to introduce The 
Social Security Benefit Enhancements for Women Act of 2002. I am proud 
to be joined by my colleague from California, Senator Feinstein. This 
legislation makes fiscal improvements in benefits for women under the 
current Social Security system. These improvements will increase the 
benefits for disabled widows, divorced retirees, and widows whose 
husbands died quickly after an early retirement.
  While these benefit changes are small in scope, they represent a 
bipartisan effort to provide more economic security for women who work 
hard, sacrifice much and yet still live near poverty. Women comprise 
the majority of Social Security beneficiaries, representing almost 60 
percent of all Social Security recipients at age 65 and 71 percent of 
all recipients by age 85. Those impacted by this legislation, the 
disabled, divorced and elderly widows are more likely to live near the 
poverty line.
  Clearly we would like to do more for these beneficiaries. Yet there 
is a limit in the number and scope of improvements we are able to make 
as we face broader Social Security reform issues. This small benefit 
package passed the House on May 14, 2002, by a stunning vote of 418 to 
0. We feel that a similar vote can send these changes to the President 
and we can show that bipartisanship is a route that will work when it 
comes to future Social Security reform.
  I ask unanimous consent to have the bill printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2533

       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 Benefit 
     Enhancements for Women Act of 2002''.

     SEC. 2. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR 
                   WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BASED 
                   ON DISABILITY.

       (a) Widow's Insurance Benefits.--
       (1) In general.--Section 202(e) of the Social Security Act 
     (42 U.S.C. 402(e)) is amended--
       (A) in paragraph (1)(B)(ii), by striking ``which began 
     before the end of the period specified in paragraph (4)'';
       (B) in paragraph (1)(F)(ii), by striking ``(I) in the 
     period specified in paragraph (4) and (II)'';
       (C) by striking paragraph (4) and by redesignating 
     paragraphs (5) through (9) as paragraphs (4) through (8), 
     respectively; and
       (D) in paragraph (4)(A)(ii) (as redesignated), by striking 
     ``whichever'' and all that follows through ``begins'' and 
     inserting ``the first day of the seventeenth month before the 
     month in which her application is filed''.
       (2) Conforming amendments.--
       (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 
     402(e)(1)(F)(i)) is amended by striking ``paragraph (5)'' and 
     inserting ``paragraph (4)''.
       (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 
     402(e)(2)(C)(ii)(III)) is amended by striking ``paragraph 
     (8)'' and inserting ``paragraph (7)''.
       (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 
     402(e)(2)(A)) is amended by striking ``paragraph (7)'' and 
     inserting ``paragraph (6)''.
       (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 
     426(e)(1)(A)(i)) is amended by striking ``202(e)(4),''.
       (b) Widower's Insurance Benefits.--
       (1) In general.--Section 202(f) of such Act (42 U.S.C. 
     402(f)) is amended--
       (A) in paragraph (1)(B)(ii), by striking ``which began 
     before the end of the period specified in paragraph (5)'';
       (B) in paragraph (1)(F)(ii), by striking ``(I) in the 
     period specified in paragraph (5) and (II)'';
       (C) by striking paragraph (5) and by redesignating 
     paragraphs (6) through (9) as paragraphs (5) through (8), 
     respectively; and
       (D) in paragraph (5)(A)(ii) (as redesignated), by striking 
     ``whichever'' and all that follows through ``begins'' and 
     inserting ``the first day of the seventeenth month before the 
     month in which his application is filed''.
       (2) Conforming amendments.--
       (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 
     402(f)(1)(F)(i)) is amended by striking ``paragraph (6)'' and 
     inserting ``paragraph (5)''.

[[Page S4538]]

       (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 
     402(f)(2)(C)(ii)(III)) is amended by striking ``paragraph 
     (8)'' and inserting ``paragraph (7)''.
       (C) Section 226(e)(1)(A)(i) of such Act (as amended by 
     subsection (a)(2)) is further amended by striking 
     ``202(f)(1)(B)(ii), and 202(f)(5)'' and inserting ``and 
     202(f)(1)(B)(ii)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to benefits for months after 
     November 2002.

     SEC. 3. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED 
                   SPOUSE'S BENEFITS UPON OTHER SPOUSE'S 
                   REMARRIAGE.

       (a) Wife's Insurance Benefits.--Section 202(b)(5)(A) of the 
     Social Security Act (42 U.S.C. 402(b)(5)(A)) is amended by 
     adding at the end the following new sentence: ``The criterion 
     for entitlement under clause (ii) shall be deemed met upon 
     the remarriage of the insured individual to someone other 
     than the applicant during the 2-year period referred to in 
     such clause.''.
       (b) Husband's Insurance Benefits.--Section 202(c)(5)(A) of 
     such Act (42 U.S.C. 402(c)(5)(A)) is amended by adding at the 
     end the following new sentence: ``The criterion for 
     entitlement under clause (ii) shall be deemed met upon the 
     remarriage of the insured individual to someone other than 
     the applicant during the 2-year period referred to in such 
     clause.''.
       (c) Conforming Amendment to Exemption of Insured 
     Individual's Divorced Spouse From Earnings Test as Applied to 
     the Insured Individual.--Section 203(b)(2)(B) of such Act (42 
     U.S.C. 403(b)(2)(B)) is amended by adding at the end the 
     following new sentence: ``The requirement under such clause 
     (ii) shall be deemed met upon the remarriage of the insured 
     individual to someone other than the individual referred to 
     in paragraph (1) during the 2-year period referred to in such 
     clause.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to benefits for months after 
     November 2002.

     SEC. 4. MONTHS ENDING AFTER DECEASED INDIVIDUAL'S DEATH 
                   DISREGARDED IN APPLYING EARLY RETIREMENT RULES 
                   WITH RESPECT TO DECEASED INDIVIDUAL FOR 
                   PURPOSES OF LIMITATION ON WIDOW'S AND WIDOWER'S 
                   BENEFITS.

       (a) Widow's Insurance Benefits.--Section 202(e)(2)(D)(i) of 
     the Social Security Act (42 U.S.C. 402(e)(2)(D)(i)) is 
     amended by inserting after ``applicable,'' the following: 
     ``except that, in applying paragraph (7) of subsection (q) 
     for purposes of this clause, any month ending with or after 
     the date of the death of such deceased individual shall be 
     deemed to be excluded under such paragraph (in addition to 
     months otherwise excluded under such paragraph),''.
       (b) Widower's Insurance Benefits.--Section 202(f)(3)(D)(i) 
     of such Act (42 U.S.C. 402(f)(3)(D)(i)) is amended by 
     inserting after ``applicable,'' the following: ``except that, 
     in applying paragraph (7) of subsection (q) for purposes of 
     this clause, any month ending with or after the date of the 
     death of such deceased individual shall be deemed to be 
     excluded under such paragraph (in addition to months 
     otherwise excluded under such paragraph),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to benefits for months after 
     November 2002.

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