benefits to disabled widows and widowers

benefits to disabled widows and widowers Sec. 104. (a) (1) Subparagraph (B) of section 202(e)(1) of the Social Security Act is amended to read as follows: “(B) (i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in paragraph (5),”. (2) So much of section 202(e)(1) of such Act as follows subparagraph (E) is amended to read as follows: “shall be entitled to a widow’s insurance benefit for each month, beginning with— “(F) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or 81 Stat. 829 “(G) if she satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after her waiting period (as defined in paragraph (6)) in which she becomes so entitled to such insurance benefits, or “(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (5) and (II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent, of the primary insurance amount of such deceased individual, or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month).” (3) Section 202(e) of such Act is further amended by adding after paragraph (4) the following new paragraphs: “(5) The period referred to in paragraph (l)(B)(ii), in the case of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or “(B) the last month for which she was entitled to mother’s insurance benefits on the basis of the wages and self-employment income of such individual, or “(C) the month in which a previous entitlement to widow’s insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(6) The waiting period referred to in paragraph (1)(G), in the case of any widow or surviving divorced wife, is the earliest period of six consecutive calendar months— “(A) throughout which she has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which her application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (5) begins.” (b) (1) Subparagraph (B) of section 202(f)(1) of such Act is amended to read as follows: “(B) (i) has attained age 62, or (ii) has attained age 50 but has not attained age 62 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in paragraph (6),”. (2) So much of section 202(f)(1) of such Act as follows subparagraph (E) is amended to read as follows: “shall be entitled to a widower’s insurance benefit for each month, beginning with— “(F) if he satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which he becomes so entitled to such insurance benefits, or “(G) if he satisfies subparagraph (B) by reason of clause (ii) thereof— 81 Stat. 830 “(i) the first month after his waiting period (as defined in paragraph (7)) in which he becomes so entitled to such insurance benefits, or “(ii) the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (6) and (II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82% percent of the primary insurance amount of his deceased wife, or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month).” (3) Section 202(f)(3) of such Act is amended by inserting “subsection (q) and” after “provided in”. (4) Section 202(f) of such Act is further amended by adding after paragraph (5) the following new paragraphs: “(6) The period referred to in paragraph (1)(B)(ii), in the case of any widower, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based, or “(B) the month in which a previous entitlement to widower’s insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased, and ending with the month before the month in which he attains age 62, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(7) The waiting period referred to in paragraph (1)(G), in the case of any widower, is the earliest period of six consecutive calendar months— “(A) throughout which he has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which his application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (6) begins.” (c) (1) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Benefit Amounts for Certain Beneficiaries” (2) So much of section 202(q)(1) of such Act as precedes subparagraph (A) is amended by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (3) Subparagraph (A) of section 202(q)(1) of such Act is amended by striking out “or widow’s” and inserting in lieu thereof “, widow’s, or widower’s”. (4) Section 202 (q)(1) of such Act is amended by adding at the end thereof the following: “A widow’s or widower’s insurance benefit reduced pursuant to the preceding sentence shall be further reduced by— “(C) 43/198 of 1 percent of the amount of such benefit, multiplied by “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6)), if such 81 Stat. 831benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (5) Section 202(q)(3)(A) of such Act is amended— (A) by striking out “or widow’s” each place it appears and inserting in lieu thereof “widow’s, or widower’s”; (B) by striking out “a widow’s” and inserting in lieu thereof “a widow’s or widower’s”; and (C) by striking out “60” and inserting in lieu thereof “50”. (6) Section 202(q)(3)(C) of such Act is amended by striking out “or widow’s” each time it appears and inserting in lieu thereof “widow’s, or widower’s”. (7) Section 202(q)(3)(D) of such Act is amended by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (8) Section 202(q)(3)(E) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (9) Section 202(q)(3)(F) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widowers”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (10) Section 202(q)(3)(G) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “he” and inserting in lieu thereof “she or he”. (11) Section 202(q)(6) of such Act is amended to read as follows: “(6) For the purposes of this subsection— “(A) the ‘reduction period’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the period— “(i) beginning— “(I) in the case of an old-age or husband’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or “(II) in the case of a wife’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or “(III) in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the 81 Stat. 832first day of the month in which such individual attains age 60, whichever is the later, and “(ii) ending with the last day of the month before the month in which such individual attains retirement age; and “(B) the ‘additional reduction period’ for an individual’s widow’s or widower’s insurance benefit is the period— “(i) beginning with the first day of the first month for which such individual is entitled to such benefit, but only if such individual has not attained age 60 in such first month, and “(ii) ending with the last day of the month before the month in which such individual attains age 60.” (12) Section 202(q)(7) of such Act is amended— (A) by inserting “or ‘additional adjusted reduction period’” after “the ‘adjusted reduction period’ (B) by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”; (C) by inserting “or additional reduction period (as the case may be)” after “the reduction period”; and (D) by striking out “widow’s” in subparagraph (E) and inserting in lieu thereof “widow’s or widower’s”, by striking out “she” each place it appears in such subparagraph and inserting in lieu thereof “she or he”, and by striking out “her” in such subparagraph and inserting in lieu thereof “her or his”. (13) Section 202(g)(9) of such Act is amended by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”. (d) (1) (A) The third sentence of section 203(c) of such Act is amended by striking out “or any subsequent month” and inserting in lieu thereof “or any subsequent month; nor shall any deduction be made under this subsection from any widow’s insurance benefit for any month in which the widow or surviving divorced wife is entitled and has not attained age 62 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 62” (B) The third sentence of section 203(f)(1) of such Act is amended by striking out “or (D)” and inserting m lieu thereof the following: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 62 (but only if she became so entitled prior to attaining age 60) or widower’s insurance benefits and has not attained age 62, or (E)”. (C) Section 203(f)(2) of such Act is amended by striking out “and (D)” and inserting in lieu thereof “(D), and (E)”. (D) Section 203(f)(4) of such Act is amended by striking out “(D)” and inserting in lieu thereof “(E)”. (2) Section 216(1)(1) of such Act is amended by inserting “202(e), 202(f),” after “202(d),”. (3) (A) Section 222(a) of such Act is amended by inserting “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”. (B) Section 222(b)(1) of such Act is amended by striking out “child’s insurance benefits or if” and inserting in lieu thereof “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or”. (4) (A) Section 222(d)(1) of such Act is amended by inserting “or” at the end of subparagraph (B), and by inserting after such subparagraph the following new subparagraphs: “(C) entitled to widow’s insurance benefits under section 202 (e) prior to attaining age 60, or 81 Stat. 833 “(D) entitled to widower’s insurance benefits under section 202 (f) prior to attaining age 62,”. (B) Section 222(d)(1) of such Act is further amended by striking out “who have attained age 18 and are under a disability,” in the first sentence and inserting in lieu thereof the following: “who have attained age 18 and are under a disability, the benefits under section 202(e) for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 202(f) for widowers who have not attained age 62,”. (5) (A) The first sentence of section 225 of such Act is amended by inserting after “under section 202(d),” the following: “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 202(e), or that a widower who has not attained age 62 and is entitled to benefits under section 202(f),”. (B) The first sentence of section 225 of such Act is further amended by striking out “223 or 202(d)” and inserting in lieu thereof “202(d). 202(e),202(f),or 223”. (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted.