ENTITLEMENT OF STEPCHILDREN TO CHILD’S INSURANCE BENEFITS BASED ON ACTUAL DEPENDENCY ON STEP-PARENT SUPPORT.

SEC. 104. ENTITLEMENT OF STEPCHILDREN TO CHILD’S INSURANCE BENEFITS BASED ON ACTUAL DEPENDENCY ON STEP-PARENT SUPPORT. (a) Requirement of Actual Dependency for Future Entitlements.— (1) In General.— Section 202(d)(4) of the Social Security Act (42 U.S.C. 402(d)(4)) is amended by striking “was living with or”. (2) Effective date.— The amendment made by paragraph shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month following the month in which this Act is enacted. (b) Termination of Child’s Insurance Benefits Based on Work Record of Stepparent Upon Natural Parent’s Divorce From Stepparent.— (1) In general.— Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended— (A) by striking “or” at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting “; or”; and 110 STAT. 852 (C) by inserting after subparagraph (G) the following new subparagraph: “(H) if the benefits under this subsection are based on the wages and self-employment income of a stepparent who is subsequently divorced from such child’s natural parent, the month after the month in which such divorce becomes final.”. (2) Notification.— Section 202(d) of such Act (42 U.S.C. 402(d)) is amended by adding the following new paragraph: “(10) For purposes of paragraph (1)(H)— “(A) each stepparent shall notify the Commissioner of Social Security of any divorce upon such divorce becoming final; and “(B) the Commissioner shall annually notify any stepparent of the rule for termination described in paragraph (1)(H) and of the requirement described in subparagraph (A).”. 3. Effective dates.— (A) The amendments made by paragraph (1) shall apply with respect to final divorces occurring after the third month following the month in which this Act is enacted. (B) The amendment made by paragraph (2) shall take effect on the date of the enactment of this Act.