Surviving Widow(er) Income Fair Treatment Act of 2023 or the SWIFT Act
This bill modifies eligibility requirements and increases Social Security survivor benefits for widows, widowers, and surviving divorced spouses of a deceased worker.
Specifically, the bill makes widow and widower's benefits available to disabled individuals at any age, whereas currently the benefits are limited to such individuals between ages 50 to 60. In addition, provisions reducing benefits in various instances, such as when a beneficiary is entitled to multiple types of benefits, shall not apply to widow and widower's benefits for individuals with disabilities.
Additionally, the bill raises the upper age limit for determining whether a beneficiary has a child in his or her care from 16 to 18 years (or 19, if the child is a full-time elementary or secondary school student). An individual with a child in care may receive increased benefits in specified instances.
The bill also increases various limits on widow and widower's benefits in certain instances and modifies the calculation for increased benefits for individuals who choose to delay receiving such benefits.
For current beneficiaries, increases in Social Security benefits under this bill shall not affect the beneficiary's eligibility or benefit amount for any federal assistance program.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2741 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2741
To amend title II of the Social Security Act to increase survivors
benefits for disabled widows, widowers, and surviving divorced spouses,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2023
Mr. Casey (for himself, Mr. Blumenthal, Ms. Klobuchar, Ms. Stabenow,
Mrs. Murray, and Mr. Sanders) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to increase survivors
benefits for disabled widows, widowers, and surviving divorced spouses,
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 ``Surviving Widow(er) Income Fair
Treatment Act of 2023'' or the ``SWIFT Act''.
SEC. 2. ELIGIBILITY FOR UNREDUCED SURVIVORS BENEFITS FOR WIDOWS,
WIDOWERS, AND SURVIVING DIVORCED SPOUSES WITH
DISABILITIES AT ANY AGE.
(a) In General.--Section 202 of the Social Security Act (42 U.S.C.
402) is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii)--
(I) by striking ``has attained age
50 but has not attained age 60 and'';
and
(II) by striking ``which began
before the end of the period specified
in paragraph (4)''; and
(ii) in subparagraph (F)(ii), by striking
``(I) in the period specified in paragraph (4)
and (II)'';
(B) by amending paragraph (3) to read as follows:
``(3) For purposes of paragraph (1), if a widow or
surviving divorced wife marries after the first month in which
she satisfies subparagraphs (A) and (B) of such paragraph, such
marriage shall be deemed not to have occurred.'';
(C) by striking paragraph (4); and
(D) in paragraph (5)(A), by amending clause (ii) to
read as follows:
``(ii) which begins not earlier than the first day
of the seventeenth month before the month in which her
application is filed.''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii)--
(I) by striking ``has attained age
50 but has not attained age 60 and'';
and
(II) by striking ``which began
before the end of the period specified
in paragraph (4)''; and
(ii) in subparagraph (F)(ii), by striking
``(I) in the period specified in paragraph (4)
and (II)'';
(B) by amending paragraph (3) to read as follows:
``(3) For purposes of paragraph (1), if a widower or
surviving divorced husband marries after the first month in
which he satisfies subparagraphs (A) and (B) of such paragraph,
such marriage shall be deemed not to have occurred.'';
(C) by striking paragraph (4); and
(D) in paragraph (5)(A), by amending clause (ii) to
read as follows:
``(ii) which begins not earlier than the first day
of the seventeenth month before the month in which his
application is filed.''.
(b) Elimination of Reduction of Benefit Amounts for Benefits
Claimed by Widows, Widowers, and Surviving Divorced Spouses With
Disabilities Before Retirement Age.--Section 202(q) of the Social
Security Act (42 U.S.C. 402(q)) is amended--
(1) in paragraph (3)(A), by striking ``and has attained age
62'' and all that follows through ``widower's insurance
benefit)'' and inserting ``and, in the case of a wife's or
husband's insurance benefit, has attained age 62'';
(2) in paragraph (5), by adding at the end the following
new subparagraph:
``(E) No widow's or widower's insurance benefit shall be reduced
under this subsection for any month during which the individual
entitled to such benefit is entitled to the benefit on the basis of
paragraph (1)(B)(ii) of subsection (e) (in the case of a widow's
insurance benefit) or paragraph (1)(B)(ii) of subsection (f) (in the
case of a widower's insurance benefit).''; and
(3) in paragraph (7)--
(A) in subparagraph (E), by striking ``benefits,
and'' and inserting ``benefits,'';
(B) in subparagraph (F), by striking the period at
the end and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(G) in the case of a widow's or widower's insurance
benefit--
``(i) any month in which there was no reduction to
the benefit under this subsection pursuant to paragraph
(5)(E); and
``(ii) any month in which there would have been no
reduction to the benefit under this subsection pursuant
to paragraph (5)(E) if such paragraph had been in
effect for such month.''.
(c) Technical Amendments.--Section 202 of the Social Security Act
(42 U.S.C. 402) is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7); and
(B) in paragraph (1)(F)(i), by striking ``(as
defined in paragraph (5))'' and inserting ``(as defined
in paragraph (4))''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7); and
(B) in paragraph (1)(F)(i), by striking ``(as
defined in paragraph (5))'' and inserting ``(as defined
in paragraph (4))''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2025, and shall apply to determinations of
eligibility for, and the amount of, widow's and widower's insurance
benefits payable on or after such date.
SEC. 3. INCREASE IN CHILD'S AGE LIMIT FOR CHILD-IN-CARE BENEFITS.
(a) In General.--Section 202(s)(1) of the Social Security Act (42
U.S.C. 402(s)(1)) is amended by striking ``age of 16'' and inserting
``age of 18 (or, in the case of a child who is a full-time elementary
or secondary school student, 19)''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2025, and shall apply to determinations of
eligibility for, and the amount of, benefits payable on or after such
date.
SEC. 4. MODIFICATION OF BENEFIT LIMIT FOR WIDOWS, WIDOWERS, AND
SURVIVING DIVORCED SPOUSES; INCREASE IN BENEFIT AMOUNT
FOR DELAY IN CLAIMING BENEFITS.
(a) In General.--Section 202 of the Social Security Act (42 U.S.C.
402), as amended by section 2, is further amended--
(1) in subsection (e)(2)--
(A) in subparagraph (A), by inserting ``subsection
(aa), subsection (bb)'' after ``subsection (q),''; and
(B) by amending subparagraph (D) to read as
follows:
``(D) Subject to subsections (aa) and (bb), if the deceased
individual (on the basis of whose wages and self-employment income a
widow or surviving divorced wife is entitled to widow's insurance
benefits under this subsection) was, at any time, entitled to an old-
age insurance benefit which was reduced by reason of the application of
subsection (q), the widow's insurance benefit of such widow or
surviving divorced wife for any month shall not exceed the greater of--
``(i) amount of the old-age insurance benefit to which such
deceased individual would have been entitled (after application
of subsection (q)) for such month if such individual were still
living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were
applied, where applicable; and
``(ii) 82\1/2\ percent of the primary insurance amount (as
determined without regard to subparagraph (C)) of such deceased
individual.'';
(2) in subsection (f)(2)--
(A) in subparagraph (A), by inserting ``subsection
(aa), subsection (bb),'' after ``subsection (q),''; and
(B) by amending subparagraph (D) to read as
follows:
``(D) Subject to subsections (aa) and (bb), if the deceased
individual (on the basis of whose wages and self-employment income a
widower or surviving divorced husband is entitled to widower's
insurance benefits under this subsection) was, at any time, entitled to
an old-age insurance benefit which was reduced by reason of the
application of subsection (q), the widower's insurance benefit of such
widower or surviving divorced husband for any month shall not exceed
the greater of--
``(i) amount of the old-age insurance benefit to which such
deceased individual would have been entitled (after application
of subsection (q)) for such month if such individual were still
living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were
applied, where applicable; and
``(ii) 82\1/2\ percent of the primary insurance amount (as
determined without regard to subparagraph (C)) of such deceased
individual.''; and
(3) by adding at the end the following new subsections:
``Increase Over Retirement Insurance Benefit Limit of Widow's and
Widower's Insurance Benefit Amounts on Account of Delayed Receipt of
Benefit
``(aa)(1) Subject to paragraph (6), the amount of a widow's or
widower's insurance benefit (other than a benefit based on a primary
insurance amount determined under section 215(a)(3) as in effect in
December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which
is payable without regard to this subsection to an individual who is
described in paragraph (7) for a month shall be increased by--
``(A) the applicable percentage (as determined for the
individual under paragraph (5)) of such amount, multiplied by
``(B) the number (if any) of the increment months for such
individual.
``(2) For purposes of this subsection, the number of increment
months for any individual shall be a number equal to the total number
of months beginning on or after January 1, 2025, during which--
``(A) the individual--
``(i) would have been entitled to a widow's or
widower's insurance benefit except that the individual
had not filed an application for such benefit; or
``(ii) was entitled to a widow's or widower's
insurance benefit that the individual did not receive
pursuant to a request under section 202(z) that such
benefit not be paid;
``(B) the individual had attained early retirement age (as
defined in section 216(l)(2)); and
``(C) the individual was not under a penalty imposed under
section 1129A.
``(3) For purposes of paragraph (1), a determination of the total
number of increment months for an individual shall be made each time
the individual becomes entitled or re-entitled to a widow's or
widower's insurance benefit or begins receiving such a benefit after a
period during which the individual did not receive the benefit pursuant
to a request under section 202(z) that such benefit not be paid.
``(4) This subsection shall be applied to a widow's or widower's
insurance benefit before any reduction under this title except for the
reduction under subparagraph (D) of subsection (e)(2) or (f)(2) of
section 202 (as applicable).
``(5) For purposes of paragraph (1)(A), the applicable percentage
for an individual is a percentage equal to--
``(A) 28.5; divided by
``(B) the number of months between the month in which the
individual attains early retirement age (as defined in section
216(l)(2)) and the month in which the individual attains
retirement age (as defined in section 216(l)(1)).
``(6) In no case shall the amount of a widow or widower's insurance
benefit be increased under this subsection to an amount that exceeds
the higher of--
``(A) the primary insurance amount of the deceased
individual on whose wages and self-employment income the
widow's or widower's insurance benefit is based; or
``(B) the amount of the old-age insurance benefit to which
such deceased individual would have been entitled (after
application of subsection (q) and, where applicable, subsection
(w)) for such month if such individual were still living and
section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied,
where applicable.
``(7) An individual described in this section is an individual who
is entitled to a widow's or widower's insurance benefit that is subject
to reduction under subparagraph (D) of subsection (e)(2) or (f)(2) of
section 202 (as applicable).
``Increase in Widow's and Widower's Insurance Benefit Amounts on
Account of Delayed Receipt of Benefit
``(bb)(1) Subject to paragraph (6), the amount of a widow's or
widower's insurance benefit (other than a benefit based on a primary
insurance amount determined under section 215(a)(3) as in effect in
December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which
is payable without regard to this subsection to an individual for a
month shall be increased by--
``(A) the applicable percentage (as determined for the
individual under paragraph (5)) of such amount, multiplied by
``(B) the number (if any) of the increment months for such
individual.
``(2) For purposes of this subsection, the number of increment
months for any individual shall be a number equal to the total number
of months beginning on or after January 1, 2025, during which--
``(A) the individual--
``(i) would have been entitled to a widow's or
widower's insurance benefit except that the individual
had not filed an application for such benefit; or
``(ii) was entitled to a widow's or widower's
insurance benefit that the individual did not receive
pursuant to a request under section 202(z) that such
benefit not be paid;
``(B) the individual had attained retirement age (as
defined in section 216(l)(1));
``(C) the individual was not under a penalty imposed under
section 1129A; and
``(D) the individual--
``(i) is not an individual described in subsection
(aa)(7); or
``(ii) is an individual--
``(I) who is described in subsection
(aa)(7); and
``(II) who, if the individual were entitled
to and did receive a widower's or widower's
insurance benefit for the month, would receive
a benefit that would be increased under
subsection (aa) to the maximum amount
permissible under paragraph (6) of such
subsection.
``(3) For purposes of paragraph (1), a determination of the total
number of increment months for an individual shall be made each time
the individual becomes entitled or re-entitled to a widow's or
widower's insurance benefit or begins receiving such a benefit after a
period during which the individual did not receive the benefit pursuant
to a request under section 202(z) that such benefit not be paid.
``(4) This subsection shall be applied to a widow's or widower's
insurance benefit--
``(A) after application of subsections (e)(2)(C),
(f)(2)(C), and (aa) (as applicable); and
``(B) before any other reduction under this title.
``(5) For purposes of paragraph (1)(A), the applicable percentage
for an individual is--
``(A) \1/12\ of 1 percent in the case of an individual who
attains early retirement age in any calendar year before 1979;
``(B) \1/4\ of 1 percent in the case of an individual who
attains early retirement age in any calendar year after 1978
and before 1987;
``(C) in the case of an individual who attains early
retirement age in a calendar year after 1986 and before 2005, a
percentage equal to the applicable percentage in effect under
this subparagraph for persons who attain early retirement age
in the preceding calendar year (as increased pursuant to this
clause), plus \1/24\ of 1 percent if the calendar year in which
the individual involved attains early retirement age is not
evenly divisible by 2; and
``(D) \2/3\ of 1 percent in the case of an individual who
attains early retirement age in a calendar year after 2004.
``(6) In no case shall the amount of a widow or widower's insurance
benefit be increased under this subsection to an amount that exceeds
the maximum amount to which the old age insurance benefit (as
determined without regard to subsection (w)) of the individual on whose
wages and self-employment income the widow's or widower's insurance
benefit is based could have been increased under subsection (w).''.
(b) Conforming Amendment.--Section 202(z)(1)(A) of the Social
Security Act (42 U.S.C. 402(z)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting ``and
any individual who is entitled to widow's or widower's
insurance benefits at any age'' before ``may request that'';
and
(2) in clause (ii), by inserting ``, or, in the case of an
individual entitled to a widow's or widower's insurance
benefit, the first month in which, if the individual filed an
application for such benefit or requested that such benefit be
resumed in such month, the amount of such benefit would be
equal to the maximum amount permissible under subsection
(aa)(7)'' before the period.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2025, and shall apply to the determination of the
amount of widow's and widower's insurance benefits payable on or after
such date.
SEC. 5. HOLDING CURRENT BENEFICIARIES HARMLESS.
(a) In General.--In the case of an individual who is receiving
benefits or assistance under any Federal program or under any State or
local program financed in whole or in part with Federal funds as of the
date on which the amendments made by this Act take effect, the amount
of any additional income that is attributable to an increase in
benefits under title II of the Social Security Act (42 U.S.C. 401 et
seq.) or to new eligibility for benefits under such title that results
from the amendments made by this Act shall be disregarded for the
purpose of determining such individual's continued eligibility for, and
amount of, benefits or assistance under such Federal, State, or local
program.
(b) Limitation.--In the case of an individual described in
subsection (a) who, after the date on which the amendments made by this
Act take effect, ceases to be eligible for benefits or assistance under
a Federal, State, or local program described in such subsection, such
subsection shall not apply to such individual for purposes of such
program beginning on the date that such individual ceases to be so
eligible.
SEC. 6. PROVISION OF INFORMATION TO WIDOWS, WIDOWERS, AND SURVIVING
DIVORCED SPOUSES.
(a) In General.--Not later than January 1, 2025, the Commissioner
of Social Security shall publish a booklet containing information
related to benefits available under title II of the Social Security Act
to widows, widowers, and surviving divorced spouses, including
information on--
(1) how old-age insurance benefits and survivors insurance
benefits interact with each other;
(2) how to claim benefits, and how the timing of claiming
benefits can impact benefit amounts;
(3) the lump sum death benefit; and
(4) how to contact the Social Security Administration for
additional information.
(b) Provision of Booklet to Widows, Widowers, and Surviving
Divorced Spouses.--In the case of any individual who dies on or after
January 1, 2025, the Commissioner of Social Security shall, not later
than 30 days after the Social Security Administration is informed of
the death of such individual, mail a copy of the booklet described in
subsection (a) to each widow, widower, or surviving divorced spouse of
the individual who is known to the Social Security Administration
(based on the records of the Social Security Administration).
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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