ENTITLEMENT TO BENEFITS OF DEEMED SPOUSE AND LEGAL SPOUSE.

SEC. 5119. ENTITLEMENT TO BENEFITS OF DEEMED SPOUSE AND LEGAL SPOUSE. (a) Continued Entitlement of Deemed Spouse Despite Entitlement of Legal Spouse.—Section 216(h)(D (42 U.S.C. 416(h)(D) is amended— (1) in subparagraph (A)— (A) by inserting “(i)” after “(h)(IXA)”; and (B) by striking “If such courts” in the second sentence and inserting the following: “(ii) If such courts”; and (2) in subparagraph (B)— (A) by inserting “(i)” after “(B)”; (B) by striking “The provisions of the preceding sentence” in the second sentence and inserting the following: “(ii) The provisions of clause (i)”; 104 STAT. 1388–279 (C) by striking “(i) if another” in the second sentence and all that follows through “or (ii)”; (D) by striking “The entitlement” in the third sentence and inserting the following: “(iii) The entitlement”; (E) by striking “subsection (b), (c), (e), (f), or (g)” the first place it appears in the third sentence and inserting “subsection (b) or (c)”, (F) by striking “wife, widow, husband, or widower” the first place it appears in the third sentence and inserting “wife or husband”; (G) by striking “(i) in which” in the third sentence and all that follows through “in which such applicant entered” and inserting “in which such person enters”; (H) by striking “For purposes” in the fourth sentence and inserting the following: “(iv) For purposes”; and (I) by striking “(i)” and “(ii)” in the fourth sentence and inserting “(I)” and “(II)”, respectively. (b) Treatment of Divorce in the Context of Invalid Marriage.—Section 216(h)(l)(B)(i) (as amended by subsection (a)) is further amended— (1) by striking “where under subsection (b), (c), (f), or (g) such applicant is not the wife, widow, husband, or widower of such individual” and inserting “where under subsection (b), (c), (d), (D, or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual”; (2) by striking “and such applicant” and all that follows through “files the application,”; (3) by striking “subsections (b), (c), (0, and (g)” and inserting “subsections (b), (c), (d), (fl, and (g)”; and (4) by adding at the end the following new sentences: “Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.”. (c) Treatment of Multiple Entitlements Under the Family Maximum.—Section 203(a)(3) (42 U.S.C. 403(a)(3)) is amended by adding after subparagraph (C) the following new subparagraph: “(D) In any case in which— “(i) two or more individuals are entitled to monthly benefits for the same month as a spouse under subsection (b) or (c) of section 202, or as a surviving spouse under subsection (e), (0, or (g) of section 202, “(ii) at least one of such individuals is entitled by reason of subparagraph (A)(ii) or (B) of section 216(h)(l), and 104 STAT. 1388–280 “(iii) such entitlements are based on the wages and self-employment income of the same insured individual, the benefit of the entitled individual whose entitlement is based on a valid marriage (as determined without regard to subparagraphs (A)(ii) and (B) of section 216(h)(D) to such insured individual shall, for such month and all months thereafter, be determined without regard to this subsection, and the benefits of all other individuals who are entitled, for such month or any month thereafter, to monthly benefits under section 202 based on the wages and self-employment income of such insured individual shall be determined as if such entitled individual were not entitled to benefits for such month.”. (d) Conforming Amendment.—Section 203(a)(6) (42 U.S.C. 403(a)(6}) is amended by inserting “(3)(D),” after “(3)(C),”. (e) Effective Date.— (1) In general.—The amendments made by this section shall apply with respect to benefits for months after December 1990. (2) Application requirement.— (A) General rule.—Except as provided in subparagraph (B), the amendments made by this section shall apply only with respect to benefits for which application is filed with the Secretary of Health and Human Services after December 31, 1990. (B) Exception from application requirement.—Subparagraph (A) shall not apply with respect to the benefits of any individual if such individual is entitled to a benefit under subsection (b), (c), (e), or (D of section 202 of the Social Security Act for December 1990 and the individual on whose wages and self-employment income such benefit for December 1990 is based is the same individual on the basis of whose wages and self-employment income application would otherwise be required under subparagraph (A).