To amend title II of the Social Security Act to repeal the 7-year restriction on eligibility for widow's and widower's insurance benefits based on disability.

January 29, 2003

Mrs. LOWEY (for herself, Mr. CONYERS, Mr. CROWLEY, Mr. FROST, Ms. LEE, Mr. PALLONE, Mr. PAYNE, Ms. WATSON, Ms. WOOLSEY, Mr. WYNN, and Mr. FARR) introduced the following bill; which was referred to the Committee on Ways and Means

To amend title II of the Social Security Act to repeal the 7-year restriction on eligibility for widow's and widower's insurance benefits based on disability.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.

(a) WIDOW'S INSURANCE BENEFITS-

(1) IN GENERAL- Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended--

(A) in paragraph (1)(B)(ii), by striking `which began before the end of the period specified in paragraph (4)';

(B) in paragraph (1)(F)(ii), by striking `(I) in the period specified in paragraph (4) and (II)';

(C) by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and

(D) in paragraph (4)(A)(ii) (as redesignated), by striking `whichever' and all that follows through `begins' and inserting `the first day of the seventeenth month before the month in which her application is filed'.

(2) CONFORMING AMENDMENTS-

(A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 402(e)(1)(F)(i)) is amended by striking `paragraph (5)' and inserting `paragraph (4)'.

(B) Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking `paragraph (8)' and inserting `paragraph (7)'.

(C) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking `paragraph (7)' and inserting `paragraph (6)'.

(D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by striking `202(e)(4),'.

(b) WIDOWER'S INSURANCE BENEFITS-

(1) IN GENERAL- Section 202(f) of such Act (42 U.S.C. 402(f)) is amended--

(A) in paragraph (1)(B)(ii), by striking `which began before the end of the period specified in paragraph (5)';

(B) in paragraph (1)(F)(ii), by striking `(I) in the period specified in paragraph (5) and (II)';

(C) by striking paragraph (5) and by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and

(D) in paragraph (5)(A)(ii) (as redesignated), by striking `whichever' and all that follows through `begins' and inserting `the first day of the seventeenth month before the month in which his application is filed'.

(2) Conforming amendments-

(A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 402(f)(1)(F)(i)) is amended by striking `paragraph (6)' and inserting `paragraph (5)'.

(B) Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking `paragraph (8)' and inserting `paragraph (7)'.

(C) Section 226(e)(1)(A)(i) of such Act (as amended by subsection (a)(2)) is further amended by striking `202(f)(1)(B)(ii), and 202(f)(5)' and inserting `and 202(f)(1)(B)(ii)'.

(c) EFFECTIVE DATE- The amendments made by this section shall apply with respect to benefits for months after December 2003 for which applications are filed or pending on or after January 1, 2004.

END