Anthony Gonzales Equality for Survivors (AGES) Act
This bill establishes an alternative method for meeting the nine-month marriage requirement for certain survivors to receive benefits under the Old Age, Survivors, and Disability Insurance benefits program. Specifically, the bill applies with respect to a marriage that would not have been recognized by federal law before June 26, 2013 (the date upon which the Supreme Court ruled that same-sex couples are entitled to federal benefits).
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7209 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7209
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
June 15, 2020
Ms. Haaland (for herself, Mrs. Kirkpatrick, Ms. Norton, Mr. Soto, Mr.
Grijalva, Mr. Gallego, Mrs. Hayes, Mr. Lynch, Mr. Lowenthal, Mr.
Cardenas, Ms. Sanchez, Mrs. Murphy of Florida, Mr. Raskin, Mr.
Cicilline, and Ms. Scanlon) 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 ``Anthony Gonzales Equality for
Survivors (AGES) Act''.
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;
(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
as of June 26, 2013, during the 9-month period
beginning with June 26, 2013; and
``(II) if such widow or widower is
domiciled in any other State--
``(aa) during the 9-month period
beginning with June 26, 2013; or
``(bb) during the 9-month period
beginning with June 26, 2015, or if
earlier, the first date on which such
State recognized same-sex marriages;
and
``(ii) provides a sworn affidavit that the widow or
widower was 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 as of
June 26, 2013, during the 9-month period
beginning with June 26, 2013; and
``(II) if such parent is domiciled in any
other State--
``(aa) during the 9-month period
beginning with June 26, 2013; or
``(bb) during the 9-month period
beginning with June 26, 2015, or if
earlier, the first date on which such
State recognized same-sex marriages;
and
``(ii) provides a sworn affidavit that such parent
was in a domestic partnership with such individual
throughout the 9-month period ending on the date of the
individual's death;''; and
(5) by adding at the end the following: ``For purposes of
this subsection, the term `same-sex marriage' shall include a
civil union, registered domestic partnership, and any other
legal relationship treated by the Commissioner as a marital
relationship for purposes of determining eligibility for
spousal benefits under this title.''
SEC. 4. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, 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
first 3 calendar years beginning after the date of the enactment of
this Act, 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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