Social Security and Medicare Parity Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to the determination of a valid marriage to account for marriages in jurisdictions other than a state.
Authorizes the courts of any state to find that an OASDI benefit applicant and an insured individual were validly married in a jurisdiction other than a state at the time the applicant files a benefit application or, if the insured individual is dead, at the time the individual died.
Waives the nine-month marriage requirement to make eligible for widow or widower benefits certain widows or widowers whose marriage to a deceased individual would not have been treated as a marriage for federal law purposes before June 26, 2013. Waives the same requirement for anyone who became a stepchild of the deceased individual as a result of such a marriage.
Waives the one-year marriage requirement to make eligible for husband's or wife's OASDI benefits certain husbands and wives whose marriage to an individual would not have been treated as a marriage for federal law purposes before June 26, 2013. Waives the same requirement for anyone who became a stepchild of the individual as a result of such a marriage.
Directs the Commissioner of Social Security to conduct a comprehensive and effective three-year outreach campaign to encourage benefit applications by individuals newly eligible for OASDI benefits as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5182 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5182
To amend title II of the Social Security Act to provide for equal
treatment of individuals in same-sex marriages, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2014
Mr. Takano (for himself, Mr. Becerra, Mr. Cicilline, Ms. Lee of
California, Mr. Higgins, Mr. Schiff, Mr. McDermott, and Mr. Himes)
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 equal
treatment of individuals in same-sex marriages, 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 ``Social Security and Medicare Parity
Act of 2014''.
SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE SOCIAL SECURITY ACT.
(a) In General.--Section 216(h)(1)(A)(i) of the Social Security Act
(42 U.S.C. 416(h)(1)(A)(i)) is amended by striking ``is domiciled'' and
all that follows through ``the District of Columbia,'' and inserting
``and such applicant were married (or, if such insured individual and
such applicant were not married in any State but were validly married
in another jurisdiction, the courts of any State)''.
(b) Effective Date.--The amendments made by this section shall
apply to all final determinations of family status made after June 26,
2013.
SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH REQUIREMENT FOR
WIDOWS, STEPCHILDREN, OR WIDOWERS IN CERTAIN CASES.
Section 216(k) of the Social Security Act (42 U.S.C. 416(k)) is
amended--
(1) in the section heading, by striking ``in Case of
Accidental Death or in Case of Serviceman Dying in Line of
Duty, or in Case of Remarriage to the Same Individual'' and
inserting ``in certain cases'';
(2) in paragraph (1), by striking ``or'' at the end;
(3) in paragraph (2)(B), by adding ``or'' at the end; and
(4) by inserting after paragraph (2) the following:
``(3)(A) in the case of a widow or widower of such
individual whose marriage to such individual would not have
been treated as a marriage for purposes of Federal law prior to
June 26, 2013, such widow or widower--
``(i) became the wife or husband of such individual
(or was deemed to be the wife or husband of such
individual under subsection (h)(1)(A)(ii))--
``(I) if such widow or widower is domiciled
in a State that recognized same-sex marriages,
civil unions, or registered domestic
partnerships as of June 26, 2013, before March
26, 2014; and
``(II) if such widow or widower is
domiciled in any other State--
``(aa) before March 26, 2014; or
``(bb) if applicable, during the 9-
month period beginning with the 1st
date on which such State recognized
same-sex marriages, civil unions, or
registered domestic partnerships; and
``(ii) provides a sworn affidavit that the widow or
widower was married to, or in a domestic partnership
with, such individual throughout the 9-month period
ending on the date of the individual's death; or
``(B) the stepchild of such individual--
``(i) became the stepchild of such individual as a
result of a parent of the stepchild becoming the wife
or husband of such individual (or being deemed to be
the wife or husband of such individual under subsection
(h)(1)(A)(ii))--
``(I) if such parent is domiciled in a
State that recognized same-sex marriages, civil
unions, or registered domestic partnerships as
of June 26, 2013, before March 26, 2014; and
``(II) if such parent is domiciled in any
other State--
``(aa) before March 26, 2014; or
``(bb) if applicable, during the 9-
month period beginning with the 1st
date on which such State recognized
same-sex marriages, civil unions, or
registered domestic partnerships; and
``(ii) provides a sworn affidavit that such parent
was married to, or in a domestic partnership with, such
individual throughout the 9-month period ending on the
date of the individual's death;''.
SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR REQUIREMENT FOR WIVES,
STEPCHILDREN, OR HUSBANDS IN CERTAIN CASES.
The requirement in section 216(b)(2) of the Social Security Act (42
U.S.C. 416) and the requirement in section 216(f)(2) of such Act that
the spouse of an individual shall have been married to such individual
for a period of not less than 1 year immediately preceding the day on
which the spouse's application for wife's or husband's insurance
benefits is filed in order to qualify as such individual's wife or
husband, and the requirement in section 216(e)(2) of such Act that the
stepchild of an individual shall have been such stepchild for not less
than 1 year immediately preceding the day on which application for
child's insurance benefits is filed in order to qualify as such
individual's child, shall be deemed to be satisfied, where such
application is filed within the applicable 1-year period, if--
(1) in the case of a wife or husband of such individual
whose marriage to such individual would not have been treated
as a marriage for purposes of Federal law prior to June 26,
2013, such wife or husband--
(A) became the wife or husband of such individual
(or was deemed to be the wife or husband of such
individual under subsection (h)(1)(A)(ii) of such
Act)--
(i) if such wife or husband is domiciled in
a State that recognized same-sex marriages,
civil unions, or registered domestic
partnerships as of June 26, 2013, before June
26, 2014; and
(ii) if such wife or husband is domiciled
in any other State--
(I) before June 26, 2014; or
(II) if applicable, during the 1-
year period beginning with the 1st date
on which such State recognized same-sex
marriages, civil unions, or registered
domestic partnerships; and
(B) provides a sworn affidavit that the wife or
husband was married to, or in a domestic partnership
with, such individual throughout the 1-year period
ending on the date of the application for wife's or
husband's insurance benefits; or
(2) the stepchild of such individual--
(A) became the stepchild of such individual as a
result of a parent of the stepchild becoming the wife
or husband of such individual (or being deemed to be
the wife or husband of such individual under subsection
(h)(1)(A)(ii) of such Act)--
(i) if such parent is domiciled in a State
that recognized same-sex marriages, civil
unions, or registered domestic partnerships as
of June 26, 2013, before June 26, 2014; and
(ii) if such parent is domiciled in any
other State--
(I) before June 26, 2014; or
(II) if applicable, during the 1-
year period beginning with the 1st date
on which such State recognized same-sex
marriages, civil unions, or registered
domestic partnerships; and
(B) provides a sworn affidavit that such parent was
married to, or in a domestic partnership with, such
individual throughout the 1-year period ending on the
date of the application for child's insurance benefits.
SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN.
(a) In General.--As soon as practicable after the date of the
enactment of this Act but not later than December 31, 2014, the
Commissioner of Social Security shall conduct a comprehensive and
effective 3-year outreach campaign to encourage individuals newly
eligible for benefits under title II of the Social Security Act as a
result of changes in law relating to same-sex marriage and occurring on
or after June 26, 2013, including this Act and the amendments made
thereby, to apply for such benefits. Such outreach campaign shall
include direct notification regarding such changes in law to current
beneficiaries and to individuals approaching retirement.
(b) Report to Congress.--Not later than December 31 of each of the
1st 3 calendar years beginning with 2015, the Commissioner of Social
Security shall submit to the Committee on Ways and Means of the House
of Representatives, the Committee on Finance of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate a report that includes--
(1) a description of the educational and outreach
activities conducted by the Commissioner of Social Security
under subsection (a) during the preceding year;
(2) the number of applications for benefits under title II
of the Social Security Act filed as a result of changes in law
relating to same-sex marriage and occurring on or after June
26, 2013, including this Act and the amendments made thereby,
in the preceding year; and
(3) the number of such applications which resulted in
entitlement to benefits.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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