Social Security Equality Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize the treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to OASDI benefits.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3050 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3050
To amend title II of the Social Security Act to provide for treatment
of permanent partnerships between individuals of the same gender as
marriage for purposes of determining entitlement to benefits under such
title.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2013
Ms. Linda T. Sanchez of California (for herself, Ms. Norton, Ms.
Schwartz, Mr. Higgins, Mr. Brady of Pennsylvania, Mr. Himes, Mr. Moran,
Ms. Hanabusa, Mr. Grijalva, Ms. Schakowsky, Ms. Chu, Ms. Tsongas, Ms.
DeGette, Mr. Ellison, Mrs. Capps, Mrs. Carolyn B. Maloney of New York,
Mr. Schiff, Mr. Quigley, Ms. Lee of California, Mr. Capuano, Ms.
Pingree of Maine, Mr. Langevin, Ms. Wasserman Schultz, Ms. Castor of
Florida, Ms. Kuster, Mr. Serrano, Mr. Hastings of Florida, Ms. Lofgren,
Mr. Smith of Washington, Mr. Honda, Mr. DeFazio, Mr. Holt, Mr.
O'Rourke, Mrs. Davis of California, Mr. Takano, Mr. Swalwell of
California, Mr. Cicilline, Mr. Polis, Mr. McGovern, Mr. Welch, Mr.
Deutch, Mr. Levin, Mr. Bishop of New York, Mr. Clay, Mr. Lowenthal, Mr.
Vargas, Ms. Hahn, Mr. Farr, Ms. Speier, Ms. Eshoo, Mr. Pocan, Mr.
Johnson of Georgia, Mr. Cartwright, Mr. Huffman, Mr. Larson of
Connecticut, Ms. Esty, Mr. Cardenas, Mr. Schneider, Mr. Keating, Mr.
Israel, Ms. Brownley of California, Mr. Conyers, Mr. Pascrell, Mr.
Lewis, Ms. Moore, Mr. Pallone, Ms. Bonamici, Mr. Michaud, Ms. DeLauro,
Ms. Matsui, Mr. George Miller of California, Ms. Sinema, Ms. Wilson of
Florida, Ms. McCollum, Mr. Tonko, Mr. Perlmutter, Mr. Kennedy, Mr.
Rangel, Mr. Murphy of Florida, Mr. Engel, Mr. Lynch, Mrs. Napolitano,
Mr. Waxman, Mr. Doyle, Mr. Hinojosa, Ms. Shea-Porter, Mr. Peters of
California, Ms. Michelle Lujan Grisham of New Mexico, Ms. Titus, Ms.
Velazquez, Mr. Blumenauer, Ms. Clarke, Mr. Sarbanes, Mr. Dingell, Ms.
Roybal-Allard, Mr. Ryan of Ohio, Mr. Yarmuth, Ms. Frankel of Florida,
Ms. Duckworth, Mr. Veasey, Mr. Al Green of Texas, Mr. Garamendi, Mr.
Grayson, Mr. Meeks, Mr. McDermott, Mr. Kilmer, Mr. Rush, Mr. Neal, and
Mr. Foster) 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 for treatment
of permanent partnerships between individuals of the same gender as
marriage for purposes of determining entitlement to benefits under such
title.
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 Equality Act of
2013''.
SEC. 2. TREATMENT OF PERMANENT PARTNERSHIPS UNDER TITLE II OF THE
SOCIAL SECURITY ACT.
(a) In General.--Section 216 of the Social Security Act (42 U.S.C.
416) is amended by adding at the end the following new subsection:
``Permanent Partnership
``(m)(1) Notwithstanding any other provision of this title and
under regulations of the Commissioner of Social Security prescribed as
required under paragraph (3):
``(A) In any case in which the Commissioner determines, in
connection with the application by (or on behalf of) an
individual for a benefit under this title, that a current or
former marriage between the applicant and another individual,
or between 2 other individuals, is a prerequisite for
entitlement of the applicant to such benefit and the
application designates, for treatment as such a marriage for
purposes of such application, an arrangement between 2
individuals of the same gender--
``(i) if the Commissioner determines that such
arrangement is (or was) a permanent partnership within
the meaning of paragraph (2), such arrangement shall be
treated for purposes of this title as a marriage of
such individuals; and
``(ii) each female party to such arrangement shall
be treated as a wife with respect to such arrangement
(referencing the other party as such individual's
spouse in connection with such arrangement) and each
male party to such arrangement shall be treated as a
husband with respect to such arrangement (referencing
the other party as such individual's spouse in
connection with such arrangement).
``(B) An arrangement between individuals of the same gender
shall be treated as a former marriage under subparagraph (A) in
connection with an application for benefits under this title
only if the Commissioner determines that such arrangement has
been dissolved under the laws of the State of domicile of the
applicant. In any case in which the Commissioner determines
that such an arrangement has been so dissolved--
``(i) the dissolution of such arrangement shall be
treated as a divorce with respect to such arrangement;
and
``(ii) each female individual who was a party to
such arrangement shall be treated as a divorced wife
with respect to such arrangement (referencing the other
party as such individual's divorced spouse in
connection with such arrangement) and each male
individual who was a party to such arrangement shall be
treated as a divorced husband with respect to such
arrangement (referencing the other party as the
applicant's divorced spouse in connection with such
arrangement).
``(C) In any case in which the Commissioner determines
that, after an individual entitled to a monthly insurance
benefit under section 202 became so entitled, such individual
and another individual of the same gender have entered into an
arrangement that constitutes a permanent partnership, such
arrangement shall be treated as a marriage of such individuals
for purposes of any provision of such section providing for
termination of such entitlement upon marriage or remarriage.
``(D) Upon receipt by the Commissioner of an application by
(or on behalf of) an individual for a benefit under this title
containing certification by (or on behalf of) the applicant,
submitted in such form and manner as shall be prescribed in
such regulations, that the applicant is a stepchild or adopted
child of an individual who is or was a party to an arrangement
consisting of a permanent partnership, if such arrangement is
treated as a marriage under subparagraph (A) and, under the
laws of the domicile of the applicant, the applicant is, at the
time of such application, treated as a stepchild or adopted
child of such party to such arrangement, the applicant shall be
treated as such a stepchild or adopted child of such party
(referencing such party as a parent of the applicant).
``(E) Upon receipt by the Commissioner of an application by
(or on behalf of) an individual for a benefit under this title
containing certification by (or on behalf of) the applicant,
submitted in such form and manner as shall be prescribed in
such regulations, that the applicant is or was a party to an
arrangement consisting of a permanent partnership and that the
applicant is a parent of an individual who is a stepchild or
adopted child of the applicant with respect to such
arrangement, if such arrangement is treated as a marriage under
subparagraph (A) and, under the laws of the domicile of the
applicant, the applicant is, at the time of such application,
treated as a parent of such individual with respect to such
arrangement, the applicant shall be treated as such a parent of
such individual (referencing such individual as a stepchild or
adopted child of the applicant).
``(2) For purposes of this subsection, the term `permanent
partnership' means, in connection with any individual, a committed,
intimate arrangement which is between such individual and another
individual who have both attained 18 years of age and which has been
recognized and certified as legally valid by the State of domicile of
the applicant, in any case in which--
``(A) each such individual intends a lifelong commitment to
the other;
``(B) such individuals are financially interdependent;
``(C) such individuals are unable to contract with each
other a marriage cognizable under this title (other than as
provided in this subsection);
``(D) each such individual is not a first, second, or third
degree blood relation of the other individual; and
``(E) each such individual is neither married (within the
meaning of this title other than as provided in this
subsection) to, nor in a relationship described in the
preceding provisions of this paragraph with, any third
individual.
``(3) The Commissioner shall prescribe such regulations as are
necessary to carry out the provisions of this subsection. In
prescribing such regulations, the Commissioner shall take into account
the laws of the State of domicile of an applicant for benefits under
this title so as to ensure that such provisions, together with the
other provisions of this title as applied in accordance with this
subsection, are appropriately coordinated with each other and with the
laws of such State.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to monthly insurance benefits for months after November
2013 for which applications are filed after December 31, 2013, and with
respect to lump-sum death payments in connection with deaths occurring
after such date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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