Pub. L. 89-97, tit. III, sec. 333

continuation of widow’s and widower’s insurance benefits after remarriage

EnactedYear: 1965Length: 625 wordsOfficial source
continuation of widow’s and widower’s insurance benefits after remarriage Sec. 333. (a) (1) Subsection (e) of section 202 of the Social Security Act., as amended by section 308 of this Act, is amended by adding at the end thereof the following new paragraph: “(4) If a widow, after attaining the age of 60, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow’s insur- 79 Stat. 404ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, is further amended by inserting before the comma “and paragraph (4) of this subsection”. (b) (1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: “(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of paragraph (4)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (3) and subsection (q), such widower’s insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based.” (2) Paragraph (3) of such subsection is amended by striking out “Such” and inserting in lieu thereof “Except as provided in paragraph (5), such”. (c) (1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting “other than an individual to whom subsection (e)(4) or (f)(5) applies)” after “Any individual” and by adding at the end thereof the following new sentence: “Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest-of such benefits.”. (2) Paragraph (3) of such subsection is amended by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 203(a), shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a).” (d) The amendments made by this section shall apply with respect to monthly insurance benefits under section 202 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(e) or (f) 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.
Pub. L. 89-97, tit. III, sec. 333: continuation of widow’s and widower’s insurance benefits after remarriage | Justis AI