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H.R. 9763IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 9763

Eligibility for unreduced survivors benefits for widows, widowers, and surviving divorced spouses with disabilities at any age

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(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 and conforming amendments (1) Social Security Act Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended— (A) in section 202— (i) in subsection (e)— (I) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7); and (II) in paragraph (1)(F)(i), by striking (as defined in paragraph (5)) and inserting (as defined in paragraph (4)); and (ii) in subsection (f)— (I) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7); and (II) in paragraph (1)(F)(i), by striking (as defined in paragraph (5)) and inserting (as defined in paragraph (4)); and (B) in section 226(e)(1)(A), by striking thereof— and all that follows through (ii) the phrase and inserting thereof, the phrase. (2) Railroad retirement Act Section 4(g)(10)(i) of the Railroad Retirement Act of 1974 (42 U.S.C. 231c(g)(10)(i)) is amended, in the second sentence, by striking 202(e)(7) and inserting 202(e)(6). (3) Federal Employees' Retirement System Section 8442(f)(3)(A) of title 5, United States Code, is amended, in the matter preceding clause (i), by striking 202(e)(7) and inserting 202(e)(6). (d) Effective date The amendments made by this section shall take effect on January 1, 2027, 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. 2: Eligibility for unreduced survivors benefits for widows, widowers, and surviving divorced spouses with disabilities at any age · Public Law Tracker