108th CONGRESS
1st Session
H. R. 471
To amend title II of the Social Security Act to eliminate the two-year
waiting period for divorced spouse's benefits following the divorce.
IN THE HOUSE OF REPRESENTATIVES
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
A BILL
To amend title II of the Social Security Act to eliminate the two-year
waiting period for divorced spouse's benefits following the divorce.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S
BENEFITS FOLLOWING THE DIVORCE IN CASES OF PRIOR RECEIPT OF SPOUSE'S BENEFITS.
(a) WIFE'S INSURANCE BENEFITS- Section 202(b)(5)(A) of the Social Security
Act (42 U.S.C. 402(b)(5)(A)) is amended by striking `divorced wife--' and
all that follows through `shall be entitled' and inserting `divorced wife
meets the requirements of subparagraphs (A) through (D) of paragraph (1),
shall be entitled'.
(b) HUSBAND'S INSURANCE BENEFITS- Section 202(c)(5)(A) of such Act (42 U.S.C.
402(c)(5)(A)) is amended by striking `divorced husband--' and all that follows
through `shall be entitled' and inserting `divorced husband meets the requirements
of subparagraphs (A) through (D) of paragraph (1), shall be entitled'.
(c) EXEMPTION FROM DEDUCTIONS ON ACCOUNT OF WORK- Section 203(b)(2) of such
Act (42 U.S.C. 403(b)(2)) is amended--
(1) by striking `(2)(A) Except as' and all that follows through `the benefit
to which' and inserting the following: `(2) In any case in which any of
the other persons referred to in paragraph (1)(B) is entitled to monthly
benefits as a divorced spouse under subsection (b) or (c) of section 202
for any month, the benefit to which'; and
(2) by striking subparagraph (B).
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall apply with respect to benefits for
months after the date of the enactment of this Act.
END
