To amend title II of the Social Security Act to provide an exception to the nine-month duration of marriage requirement for widows and widowers in cases in which the marriage was postponed by legal impediments to the marriage caused by State restrictions on divorce from a prior spouse institutionalized due to mental incompetence or similar incapacity.

Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act with respect to the nine-month minimum duration of a marriage required to qualify a surviving spouse for OASDI benefits. Allows a less than nine-month duration of a marriage in the case of widows or widowers whose marriage was postponed by legal impediments to the marriage caused by State restrictions on divorce from a prior spouse institutionalized due to mental incompetence or similar incapacity.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 249 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 249

To amend title II of the Social Security Act to provide an exception to 
the nine-month duration of marriage requirement for widows and widowers 
 in cases in which the marriage was postponed by legal impediments to 
   the marriage caused by State restrictions on divorce from a prior 
    spouse institutionalized due to mental incompetence or similar 
                              incapacity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2003

  Mr. Allen 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 an exception to 
the nine-month duration of marriage requirement for widows and widowers 
 in cases in which the marriage was postponed by legal impediments to 
   the marriage caused by State restrictions on divorce from a prior 
    spouse institutionalized due to mental incompetence or similar 
                              incapacity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCEPTION TO NINE-MONTH DURATION OF MARRIAGE REQUIREMENT FOR 
              WIDOWS AND WIDOWERS.

    (a) Widows.--Section 216(c)(5) of the Social Security Act (42 
U.S.C. 416(c)(5)) is amended by adding at the end the following: ``for 
a period of shorter duration immediately preceding such day in any case 
in which (A) the individual had been married prior to the individual's 
marriage to the surviving wife, (B) the prior wife was 
institutionalized during the individual's marriage to the prior wife 
due to mental incompetence or similar incapacity, (C) for the period 
beginning nine months immediately prior to the individual's marriage to 
the surviving wife and ending with the death of the prior wife, the 
commencement of the individual's subsequent marriage to the surviving 
wife was postponed because the laws of the State in which the 
individual was domiciled at the time of his marriage to the prior wife 
did not provide grounds for divorce based on a spouse's 
institutionalization due to such mental incompetence or similar 
incapacity and therefore impeded any subsequent marriage, and (D) the 
marriage between the individual and his surviving wife occurred within 
60 days after the removal of the impediment created by the individual's 
marriage to the prior wife, or''.
    (b) Widowers.--Section 216(g)(5) of such Act (42 U.S.C. 416(g)(5)) 
is amended by adding at the end the following: ``for a period of 
shorter duration immediately preceding such day in any case in which 
(A) the individual had been married prior to the individual's marriage 
to the surviving husband, (B) the prior husband was institutionalized 
during the individual's marriage to the prior husband due to mental 
incompetence or similar incapacity, (C) for the period beginning nine 
months immediately prior to the individual's marriage to the surviving 
husband and ending with the death of the prior husband, the 
commencement of the individual's subsequent marriage to the surviving 
husband was postponed because the laws of the State in which the 
individual was domiciled at the time of her marriage to the prior 
husband did not provide grounds for divorce based on a spouse's 
institutionalization due to such mental incompetence or similar 
incapacity and therefore impeded any subsequent marriage, and (D) the 
marriage between the individual and her surviving husband occurred 
within 60 days after the removal of the impediment created by the 
individual's marriage to the prior husband, or''.

SEC. 2. EFFECTIVE DATE.

     The amendments made by this Act shall be effective with respect to 
applications for benefits under title II of the Social Security Act 
that are filed on or after March 1, 1991.
                                 <all>