elimination of marriage as basis for terminating certain survivors benefits

elimination of marriage as basis for terminating certain survivors benefits Child’s Insurance Benefits Sec. 307. (a) Section 202 (d) of the Social Security Act is amended by inserting immediately after paragraph (5) thereof the following new paragraph: “(6) In the case of a child who has attained the age of eighteen and who marries— “(A) an individual entitled to benefits under subsection (a), (e), (f), (g), or (h) of this section or under section 223 (a), or 72 Stat. 1031 “(B) another individual who has attained the age of eighteen and is entitled to benefits under this subsection, such child’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1), not be terminated by reason of such marriage; except that, in the case of such a marriage to a male individual entitled to benefits under section 223 (a) or this subsection, the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under section 223 (a) or this subsection unless (i) he ceases to be so entitled by reason of his death, or (ii) in the case of an individual who was entitled to benefits under section 223 (a), he is entitled, for the month following such last month, to benefits under subsection (a) of this section.” Widow’s Insurance Benefits (b) Section 202 (e) of such Act is amended by inserting at the end thereof the following new paragraph: “(4) In the case of a widow who marries— “(A) an individual entitled to benefits under subsection (f) or (h) of this section, or “(B) an individual who has attained the age of eighteen and is entitled to benefits under subsection (d), such widow’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1), not be terminated by reason of such marriage; except that, in the case of such a marriage to an individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” Widower’s Insurance Benefits (c) Section 202 (f) of such Act is amended by adding at the end thereof the following new paragraph: “(4) In the case of a widower who marries— “(A) an individual entitled to benefits under subsection (e), (g), or (h), or “(B) an individual who has attained the age of eighteen and is entitled to benefits under subsection (d), such widower’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1), not be terminated by reason of such marriage.” Mother’s Insurance Benefits (d) Section 202 (g) of such Act is amended by adding after paragraph (3) (added by section 303 of this Act) the following new paragraph: “(4) In the case of a widow or former wife divorced who marries— “(A) an individual entitled to benefits under subsection (a), (f), or (h), or under section 223 (a), or “(B) an individual who has attained the age of eighteen and is entitled to benefits under subsection (d), the entitlement of such widow or former wife divorced to benefits under this subsection shall, notwithstanding the provisions of paragraph (1), not be terminated by reason of such marriage: except that, in the case of such a marriage to an individual entitled to benefits under section 223 (a) or subsection (d) of this section, the preceding pro-72 Stat. 1032visions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under section 223 (a) or subsection (d) of this section unless (i) he ceases to be so entitled by reason of his death, or (ii) in the case of an individual who was entitled to benefits under section 223 (a), he is entitled, for the month following such last month, to benefits under subsection (a) of this section.” Parent’s Insurance Benefits (e) Section 202 (h) of such Act is amended by adding at the end thereof the following new paragraph: “(4) In the case of a parent who marries— “(A) an individual entitled to benefits under this subsection or subsection (e), (f), or (g), or “(B) an individual who has attained the age of eighteen and is entitled to benefits under subsection (d), such parent’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1), not be terminated by reason of such marriage; except that, in the case of such a marriage to a male individual entitled to benefits under subsection (d), the preceding provisions of this paragraph shall not apply with respect to benefits for months after the last month for which such individual is entitled to such benefits under subsection (d) unless he ceases to be so entitled by reason of his death.” Deduction Provisions (f) Subsection (c) of section 203 of such Act is amended by inserting “(1)” after “(c)”, by redesignating subparagraphs (1) and (2) as subparagraphs (A) and (B), respectively, by striking out “paragraph (1)” and inserting in lieu thereof “subparagraph (A)”, and by adding at the end of such subsection the following new paragraph: “(2) Deductions shall be made from any child’s insurance benefit to which a child who has attained the age of eighteen is entitled or from any mother’s insurance benefit to which a person is entitled, until the total of such deductions equals such child’s insurance benefit or benefits or mother’s insurance benefit or benefits under section 202 for any month— “(A) in which such child or person entitled to mother’s insurance benefit is married to an individual entitled to old-age insurance benefits under section 202 (a) who is under the age of seventy-two and for which month such individual is charged with any earnings under the provisions of subsection (e) of this section, or “(B) in which such child or person entitled to mother’s insurance benefits is married to the individual referred to in subparagraph (A) and on seven or more different calendar days of which such individual engaged in noncovered remunerative activity outside the United States.” Deductions on Account of Refusal To Accept Rehabilitation Services (g) Section 222 (b) of such Act is amended by inserting “(1)” after “(b)”, and by adding at the end thereof the following new paragraph: “(2) Deductions shall be made from any child’s insurance benefit to which a child who has attained the age of eighteen is entitled or from any mother’s insurance benefit to which a person is entitled, until the total of such deductions equals such child’s insurance benefit or benefits or such mother’s insurance benefit or benefits under section 202 72 Stat. 1033for any month in which such child or person entitled to mother’s insurance benefits is married to an individual who is entitled to disability insurance benefits and in which such individual refuses to accent rehabilitation services and a deduction, on account of such refusal, is imposed under paragraph (1). If both this paragraph and paragraph (3) are applicable to a child’s insurance benefit for any month, only an amount equal to such benefit shall be deducted.” Effective Date (h) (1) The amendments made by this section (other than by subsections (f) and (g)) shall apply with respect to monthly benefits under section 202 of the Social Security Act for months following the month in which this Act is enacted; except that in any case in which benefits were terminated with the close of the month in which this Act is enacted or any prior month and, if the amendments made by this section had been in effect for such month, such benefits would not have been terminated, the amendments made by this section shall apply with respect to monthly benefits under section 202 of the Social Security Act for months beginning after the date of enactment of this Act, but only if an application for such benefits is filed after such date. (2) The amendments made by subsection (f) shall apply with respect to monthly benefits under subsection (d) or (g) of section 202 of the Social Security Act for months in any taxable year, of the individual to whom the person entitled to such benefits is married, beginning after the month in which this Act is enacted. (3) The amendments made by subsection (g) shall apply with respect to monthly benefits under section 202 of the Social Security Act for months, occurring after the month in which this Act is enacted, in which a deduction is incurred under paragraph (1) of section 222 (b) of the Social Security Act.