This bill provides for increases in benefits for widows and widowers under the Old Age, Survivors, and Disability Insurance program on the basis of delayed retirement.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4123 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4123
To amend title II of the Social Security Act to provide for increases
in widow's and widower's insurance benefits by reason of delayed
retirement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2019
Mrs. Lowey (for herself and Mr. Schneider) 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 increases
in widow's and widower's insurance benefits by reason of delayed
retirement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASE IN WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BY
REASON OF DELAYED RETIREMENT.
(a) Delayed Retirement Credit for Widow's and Widower's Benefits.--
(1) In general.--Section 202(w) of the Social Security Act
(42 U.S.C. 402(w)) is amended--
(A) in paragraph (1) by striking ``old-age
insurance benefit'' and inserting ``old-age, widow's,
or widower's insurance benefit'';
(B) in paragraph (2), by striking ``the number of
increment months for any individual'' in the matter
preceding subparagraph (A) and inserting ``the number
of increment months for any individual to whom an old-
age, widow's, or widower's insurance benefit is payable
as described in paragraph (1)''; and
(C) by striking ``and'' at the end of paragraph
(2)(A), and by striking paragraph (2)(B) and inserting
the following:
``(B) with respect to which--
``(i) in the case of an individual to whom an old-
age insurance benefit is payable, such individual was a
fully insured individual (as defined in section 214(a))
and--
``(I) was not entitled to such a benefit,
or
``(II) was so entitled but did not receive
benefits pursuant to a request by such
individual that benefits not be paid, or
``(ii) in the case of an individual to whom a
widow's or widower's insurance benefit is payable, such
individual satisfied subparagraphs (A), (B), and (D) of
subsection (e)(1) or (f)(1) and--
``(I) was not entitled to such a benefit,
``(II) was so entitled but suffered
deductions under section 203(b) or 203(c) in
amounts equal to the amount of such benefit, or
``(III) was so entitled but did not receive
benefits pursuant to a request by such
individual that benefits not be paid, and
``(C) with respect to which such individual was not subject
to a penalty under section 1129A.''.
(2) Conforming amendments to section 202(w).--
(A) Section 202(w)(3) of such Act (42 U.S.C.
402(w)(3)) is amended by striking ``old-age'' each
place it appears and inserting ``old-age, widow's, or
widower's''.
(B) Section 202(w)(5) of such Act (42 U.S.C.
402(w)(5)) is amended--
(i) by striking ``If an individual's
primary insurance amount'' and inserting ``If
the primary insurance amount on which an
individual's old-age, widow's, or widower's
insurance benefit is based'';
(ii) by striking ``old-age'' each place it
appears and inserting ``old-age, widow's, or
widower's'';
(iii) by striking ``his primary insurance
amount'' each place it appears and inserting
``the primary insurance amount''; and
(iv) by striking ``he'' and ``his'' each
place they appear and inserting ``such
individual'' and ``such individual's'',
respectively.
(C) Section 202(w)(6) of such Act (42 U.S.C.
402(w)(6)) is amended--
(i) by striking ``old-age'' each place it
appears and inserting ``old-age, widow's, or
widower's''; and
(ii) by adding at the end (after and below
subparagraph (D)) the following new sentence:
``For purposes of this paragraph, an individual is deemed to become
eligible for an old-age insurance benefit on the first day of the month
in which such individual attains age 62, and for a widow's or widower's
insurance benefit on the first day of the month in which such
individual attains age 60.''.
(3) Other conforming amendments.--
(A) Section 202(e)(2)(A) of such Act (42 U.S.C.
402(e)(2)(A)) is amended by inserting ``subsection
(w),'' after ``subsection (q),''.
(B) Section 202(f)(2)(A) of such Act (42 U.S.C.
402(f)(2)(A)) is amended by inserting ``subsection
(w),'' after ``subsection (q),''.
(b) Treatment of Delayed Retirement in Cases of Simultaneous
Entitlement to Old-Age Insurance Benefits and Widow's or Widower's
Insurance Benefits.--Section 202(w) of the Social Security Act (42
U.S.C. 402(w)) is amended--
(1) by striking ``The amount'' in paragraph (1) and
inserting ``Subject to paragraph (7), the amount''; and
(2) by adding at the end the following new paragraph:
``(7) If for any month an individual is entitled (prior to the
application of this subsection) both to an old-age insurance benefit
and to a widow's or widower's insurance benefit, the resulting increase
(if any) in the amount of the widow's or widower's insurance benefit
under paragraph (1) shall be made (prior to the application of
subsection (k)(3)(A)) in lieu of any increase in the amount of the old-
age insurance benefit under such paragraph, unless--
``(A) the amount of such old-age insurance benefit would be
greater than the amount of such widow's or widower's insurance
benefit after the application of paragraph (1) to each such
benefit, or
``(B) the increase which would otherwise be made under such
paragraph in the amount of such old-age insurance benefit would
result (under the language following subparagraph (F) in the
first sentence of subsection (e)(1) or (f)(1)) in the
termination of the individual's entitlement to widow's or
widower's insurance benefits.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to widow's
and widower's insurance benefits (under section 202 (e) and (f) of the
Social Security Act) for months after the month in which this Act is
enacted.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Social Security.
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