increased widows and widower’s insurance benefits

increased widows and widower’s insurance benefits Sec. 102. (a) (1) Section 202(e)(1) of the Social Security Act is amended— (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “entitled, after attainment of age 62, to wife’s insurance benefits,” in subparagraph (C) (i) and inserting in lieu thereof “entitled to wife’s insurance benefits,” and by striking out “or” at the end of clause (i) in such subparagraph and inserting in lieu thereof “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223, or”; and (C) by striking out “age 62” in subparagraph (C) (ii), and in the matter following subparagraph (G), and inserting in lieu thereof in each instance “age 65”. (2) Paragraph (2) of section 202(e) of such Act is amended to read as follows: “(2) (A) Except as provided in subsection (q), paragraph (4) of this subsection, and subparagraph (B) of this paragraph, such widow’s insurance benefit for each month shall be equal to the primary insurance amount of such deceased individual. “(B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow’s insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow’s insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living, and “(ii) 82½ percent of the primary insurance amount of such deceased individual, be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (b) (1) Section 202(f) (1) of such Act is amended— (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “died.” in subparagraph (C) and inserting in lieu thereof “died, and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223,”; and 86 Stat. 1336 (C) by striking out “age 62” in the matter following subparagraph (G) and inserting in lieu thereof “age 65”. (2) Paragraph (3) of section 202(f) of such Act is amended to read as follows: “(3) (A) Except as provided in subsection (q), paragraph (5) of this subsection, and subparagraph (B) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount of his deceased wife. “(B) If the deceased wife (on the basis of whose wages and self-employment income a widower is entitled to widower’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower’s insurance benefit of such widower for any month shall, if the amount of the widower’s insurance benefit of such widower (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased wife would have been entitled (after application of subsection (q)) for such month if such wife were still living; and “(ii) 82½ percent of the primary insurance amount of such deceased wife; be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (c) (1) The last sentence of section 203(c) of such Act is amended by striking out all that follows the semicolon and inserting in lieu thereof the following: “nor shall any deduction be made under this subsection from any widow’s insurance benefits for any month in which the widow or surviving divorced wife is entitled and has not attained age 65 (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 65 (but only if he became so entitled prior to attaining age 62).” (2) Clause (D) of section 203(f) (1) of such Act is amended to read as follows: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or widower’s insurance benefits and has not attained age 65 (but only if he became so entitled prior to attaining age 62), or”. (d) Section 202(k) (3) (A) of such Act is amended by striking out “subsection (q) and” and inserting in lieu thereof “subsection (q), subsection (e)(2) or (f)(3), and”. (e) (1) Section 202(q) (1) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(A) 59 of 1 percent of such amount if such benefit is an old-age insurance benefit, 2536 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, or 1940 of 1 percent of such amount if such benefit is a widow’s or widower’s insurance benefit, multiplied by— “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6) (A)), if such benefit is for a month before the month in which such individual attains retirement age, or 86 Stat. 1337 “(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age; and in the case of a widow or widower whose first, month of entitlement to a widow’s or widower’s insurance benefit is a month before the month in which such widow or widower attains age 60, such benefit, reduced pursuant to the preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), shall be, further reduced by— “(C) 43240 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) (B)), if such benefit is for a month before the month in which such individual attains age 62, or “(ii) if less, 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 age 62 or any month thereafter.” (2) Section 202(q)(3) of such Act is amended— (A) by striking out clause (ii) of subparagraph (E) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (B) by striking out clause (ii) of subparagraph (F) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (C) by striking out “had such individual attained age 62 in” in subparagraph (G) and inserting in lieu thereof “as if the, period specified in paragraph (6) (A) (or, if such paragraph does not apply, the period specified in paragraph (6) (B)) ended with the month before”. (3) Section 202(q) (7) of such Act is amended— (A) by striking out everything that precedes subparagraph (A) and inserting in lieu thereof the following: “(7) For purposes of this subsection the ‘adjusted reduction period’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the reduction period prescribed in paragraph (6) (A) for such benefit, and the ‘additional adjusted reduction period’ for an individual’s, widow’s, or widower’s insurance benefit is the additional reduction period prescribed by paragraph (6) (B) for such benefit, excluding from each such period—”; and 86 Stat. 1338 (B) by striking out “attained retirement age” in subparagraph (E) and inserting in lieu thereof “attained age 62, and also for any later month before the month in which he attained retirement age,”. (4) Section 202(q) (9) of such Act is amended to read as follows: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65.” (5) Section 202(q) (3) of such Act is amended by adding at the end thereof the following new subparagraph: “(H) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow’s or widower’s insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for a month before she or he became entitled to a widow’s or widower’s benefit, the reduction in such widow’s or widower’s insurance benefit, shall be determined under paragraph (1).” (f) Section 202 (m) of such Act is amended to read as follows: “Minimum Survivor’s Benefit “(m) (1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of the wages and self-employment income of a deceased individual for any month and no other person is (without the application of subsection (j) (1)) entitled to a monthly benefit under this section for such month on the basis of such wages and self-employment income, such individual’s benefit amount for such month, prior to reduction under subsection (k) (3), shall be not less than the first amount appearing in column IV of the table in (or deemed to be in) section 215(a), except as provided in paragraph (2). “(2) In the case of any such individual who is entitled to a monthly benefit under subsection (e) or (f), such individual’s benefit amount, after reduction under subsection (q) (1), shall be not less than— “(A) $84.50, if his first, month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or “(B) $84.50 reduced under subsection (g)(1) as if retirement age as specified in subsection (q) (6) (A) (ii) were age 62 instead of the age specified in subsection (q) (9), if his first month of entitlement to such benefit is before the month in which he attained age 62. “(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) for a month prior to any month after 1972 for which a general benefit increase under this title (as defined in section 215(i) (3)) or a benefit increase under section 215 (i) becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q)(1) pursuant to paragraph (2)(B) and subsection (q) (4).” (g)(1) In the case of an individual who is entitled to widow’s or widower’s insurance benefits for the month of December 1972 the Secretary shall, if it would increase such benefits, redetermine the amount of such benefits for months after December 1972 under title II of the Social Security Act as if the amendments made by this section had been in effect for the first month of such individual’s entitlement to such benefits. 86 Stat. 1339 (2) For purposes of paragraph (1)— (A) any deceased individual on whose wages and self-employment income the benefits of an individual referred to in paragraph (1) are based, shall be deemed not to have been entitled to benefits if the record, of insured individuals who were entitled to benefits, that is readily available, to the Secretary contains no entry for such deceased individual; and (B) any deductions under subsections (b) and (c) of section 203 of such Act., applicable to the benefits of an individual referred to in paragraph (1) for any month prior to September 1965, shall be disregarded in applying the provisions of section 202(q) (7) of such Act (as amended by this Act). (h) Where— (1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act for December 1972 on the basis of the wages and self-employment, income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and (2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1973, and (3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1972 shall in no case be less after the application of this section and such section 203 (a) than the amount it would have been without the application of this section. (i) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for months after December 1972.