wife’s and widow’s benefits for divorced women

wife’s and widow’s benefits for divorced women Sec. 308. (a) Section 202 (b) of the Social Security Act is amended to read as follows: “Wife’s Insurance Benefits “(b) (1) The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age or disability insurance benefits, if such wife or such divorced wife— “(A) has filed application for wife’s insurance benefits, “(B) has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, “(C) in the case of a divorced wife, is not married, “(D) in the case of a divorced wife, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— 79 Stat. 376 “(i) if be had a period of disability which did not end before the month in which he became entitled to old-age or disability insurance benefits? at the beginning of such period or at the time he became entitled to such benefits, or “(ii) if he did not have such a period of disability, at the time he became entitled to old-age insurance benefits, and “(E) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wire’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs— “(F) she dies, “(G) such individual dies, “(H) in the case of a wife? they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 20 years immediately before the date the divorce became effective, “(I) in the case of a divorced wife, she marries a person other than such individual, “(J) in the case or a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit, “(K) she becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or “(L) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits. “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month. “(3) In the case of any divorced wife 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 18 and is entitled to benefits under subsection (d), such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1)(but subject to subsection (s)), 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.” (b) (1) Paragraphs (1) and (2) of section 202(e) of such Act are amended to read as follows: “(1) The widow (as defined in section 216(c)) and every surviving divorced wife (as defined in section 216(d)) of an individual who died a fully insured individual, if such widow or such surviving divorced wife— “(A) is not married, “(B) has attained age 62, 79 Stat. 377 “(C) (i) has filed application for widow’s insurance benefits, or was entitled, after attainment of age 62, to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, or “(ii) was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained age 62, “(D) in the case of a surviving divorced wife who was not entitled to wife’s insurance benefits on the basis of the wages and self-employment income of such individual for the month preceding the month in which he died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or was receiving substantial contributions from such individual (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from such individual— “(i) at the time of his death (or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death), or “(ii) at the time he became entitled to old-age insurance benefits or disability insurance benefits (or, if such individual had a period of disability which did not end before the month in which he became entitled to such benefits, at the time such period began or at the time he became entitled to such benefits; and “(E) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual, shall be entitled to a widow’s insurance benefit for each month, beginning with the first month in which she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual. “(2) Such widow’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.” (2) Paragraph (3) of section 202(e) of such Act is repealed. (3) Section 202(e) of such Act is amended by redesignating paragraph (4) as paragraph (3) and such paragraph is further amended by striking out “widow” and inserting in lieu thereof “widow or surviving divorced wife” and by striking out “widow’s” and inserting in lieu thereof “widow’s or surviving divorced wife’s”. (c) Section 216(d) of such Act is amended to read as follows: “Divorced Wives; Divorce “(d) (1) The term ‘divorced wife’ means a woman divorced from an individual, but only if she had been married to such individual for a period of 20 years immediately before the date the divorce became effective. “(2) The term ‘surviving divorced wife’ means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 20 years immediately before the date the divorce became effective. 79 Stat. 378 “(3) The term ‘surviving divorced mother’ means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18. “(4) The terms ‘divorce’ and ‘divorced’ refer to a divorce a vinculo matrimonii.” (d) (1) Section 202(c)(1) of such Act is amended by striking out “divorced a vinculo matrimonii,” and inserting in lieu thereof “divorced,”, (2) (A) Subsections (d)(6)(A), (f)(4)(A), and (h)(4)(A) of section 202 of such Act are each amended by inserting “(b),” before “(e),”. (B) Subsections (b) and (c) of section 216 of such Act are each amended by striking out “(e) or” and inserting in lieu thereof “(b), (e),or” (3) Subparagraph (A) of section 202(g)(1) of such Act is amended by striking out “has not remarried” and inserting in lieu thereof “is not married”. (4) Subparagraph (F) of section 202 (g)(1) of such Act is amended to read as follows: “(F) in the case of a surviving divorced mother— “(i) at the time of such individual’s death (or, if such individual had a period of disability which did not end before the month in which he died, at the time such period began or at the time of such death)— “(I) she was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from such individual, or “(II) she was receiving substantial contributions from such individual (pursuant to a written agreement), or “(III) there was a court order for substantial contributions to her support, from such individual, “(ii) the child referred to in subparagraph (E) is her son, daughter, or legally adopted child, and “(iii) the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,”. (5) Section 202(g) of such Act is further amended by striking out “former wife divorced” each place it appears and inserting in lieu thereof “surviving divorced mother”. (6) Section 203(a) of such Act (as amended by section 301(c) of this Act) is amended by striking out the period at the end of the first (sentence and inserting in lieu thereof “, or” and by adding the following new paragraph: “(3) when any of such individuals is entitled to monthly benefits as a divorced wife under section 202(b) or as a surviving divorced wife under section 202(e) for any month, the benefit to which she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-79 Stat. 379employment income of such insured individual shall be determined as if no such divorced wife or surviving divorced wife were entitled to benefits for such month.” (7) Section 203(c)(4) of such Act is amended by striking out “former wife divorced” and inserting in lieu thereof “surviving divorced mother”. (8) Section 203(d)(1) of such Act is amended by striking out “wife,” and inserting in lieu thereof “wife, divorced wife,”. (9) The second sentence of section 205(b) of such Act is amended by striking out “wife, widow, former wife divorced,” and inserting in lieu thereof “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,”. (10) Section 205(c)(1)(C) of such Act. is amended by striking out “former wife divorced,” and inserting in lieu thereof “surviving divorced wife, surviving divorced mother”. (11) Section 222(b)(3) of such Act is amended by inserting “divorced wife,” after “wife,”. (12) Paragraph (3) of section 202(g) of such Act is repealed. (13) Section 202(g) of such Act is amended by redesignating paragraph (4) as paragraph (3). (e) The amendments made by this section shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202 of such Act for the first month following the month in which this Act is enacted, only on the basis of an application filed in or after the month in which this Act is enacted.