WAIVER OF 2-YEAR WAITING PERIOD FOR INDEPENDENT ENTITLEMENT TO DIVORCED SPOUSE’S BENEFITS.

SEC. 5127. WAIVER OF 2-YEAR WAITING PERIOD FOR INDEPENDENT ENTITLEMENT TO DIVORCED SPOUSE’S BENEFITS. (a) Waiver for Purposes of Deductions on Account of Work.—Section 203(b)(2) (42 U.S.C. 4O3(b)(2)) is amended— (1) by striking “(2) When” and all that follows through “2 years, the benefit” and inserting the following: “(2)(A) Except as provided in subparagraph (B), in any case in which— “(i) any of the other persons referred to in paragraph (1)(B) is entitled to monthly benefits as a divorced spouse under section 202(b) or (c) for any month, and “(ii) such person has been divorced for not less than 2 years, the benefit”; and (2) by adding at the end the following new subparagraph: “(B) Clause (ii) of subparagraph (A) shall not apply with respect to any divorced spouse in any case in which the individual referred to in paragraph (1) became entitled to old-age insurance benefits under section 202(a) before the date of the divorce.”. (b) Waiver in Case of Noncovered Work Outside the United States.—Section 203(d)(1)(B) (42 U.S.C. 403(d)(1)(B)) is amended— (1) by striking “(B) When” and all that follows through “2 years, the benefit” and inserting the following: “(B)(i) Except as provided in clause (ii), in any case in which— “(I) a divorced spouse is entitled to monthly benefits under section 202(b) or (c) for any month, and “(II) such divorced spouse has been divorced for not less than 2 years, the benefit”; and (2) by adding at the end the following new clause: “(ii) Subclause (II) of clause (i) shall not apply with respect to any divorced spouse in any case in which the individual entitled to old-age insurance benefits referred to in subparagraph (A) became entitled to such benefits before the date of the divorce.”. (c) Effective Date.—The amendments made by this section shall apply with respect to benefits for months after December 1990.