Pub. L. 92-603, tit. I, sec. 115

waiver of duration-of-relationship requirement for widow, widower, or stepchild in case of remarriage to the same individual

EnactedYear: 1972Length: 372 wordsOfficial source
waiver of duration-of-relationship requirement for widow, widower, or stepchild in case of remarriage to the same individual Sec. 115. (a) The heading of section 216(k) of the Social Security Act is amended by adding at the end thereof “, or in Case of Remarriage to the Same Individual”. (b) Section 216(k) of such Act is amended by striking out “if his death—” and all that follows and inserting in lieu thereof “if— “(1) his death— “(A) is accidental, or “(B) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), and he would satisfy such requirement if a three-month period were substituted for the nine-month period, or “(2) (A) the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or “(B) the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild’s parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if Such previous marriage had been terminated by the death of such individual at such time instead of by divorce; except that this subsection shall not apply if the Secretary determines that. at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (I) (A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (c) The amendments made by this section shall apply only with respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted.
Pub. L. 92-603, tit. I, sec. 115: waiver of duration-of-relationship requirement for widow, widower, or stepchild in case of remarriage to the same individual | Justis AI