,,ii #aafth ,,congress #ast ,session ,s4 #cde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f1 #bjai ,mr4 ,casey 7for himself1 ,mrs4 ,gillibrand1 ,mrs4 ,murray1 ,ms4 ,klobuchar1 ,ms4 ,stabenow1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,ii of the ,social ,security ,act to increase survivors benefits for disabled widows1 widowers1 and surviving divorced spouses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,surviving ,widow7er7 ,income ,fair ,treatment ,act of #bjai1 or the ,,swift ,act4 #b4 ,eligibility for unreduced survivors benefits for widows1 widowers1 and surviving divorced spouses with disabilities at any age 7a7 ,in general ,section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b77ii7-- 7,i7 by striking has attained age #ej but has not attained age #fj and2 and 7,,ii7 by striking which began before the end of the period specified in paragraph 7#d72 and 7ii7 in subparagraph 7,f77ii71 by striking 7,i7 in the period specified in paragraph 7#d7 and 7,,ii72 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,for purposes of paragraph 7#a71 if a widow or surviving divorced wife marries after the first month in which she satisfies subparagraphs 7,a7 and 7,b7 of such paragraph1 such marriage shall be deemed not to have occurred4 2 7,c7 by striking paragraph 7#d72 and 7,d7 in paragraph 7#e77;,a71 by amending clause 7ii7 to read as follows3 7ii7 which begins not earlier than the first day of the seventeenth month before the month in which her application is filed4 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b77ii7-- 7,i7 by striking has attained age #ej but has not attained age #fj and2 and 7,,ii7 by striking which began before the end of the period specified in paragraph 7#d72 and 7ii7 in subparagraph 7,f77ii71 by striking 7,i7 in the period specified in paragraph 7#d7 and 7,,ii72 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,for purposes of paragraph 7#a71 if a widower or surviving divorced husband marries after the first month in which he satisfies subparagraphs 7,a7 and 7,b7 of such paragraph1 such marriage shall be deemed not to have occurred4 2 7,c7 by striking paragraph 7#d72 and 7,d7 in paragraph 7#e77;,a71 by amending clause 7ii7 to read as follows3 7ii7 which begins not earlier than the first day of the seventeenth month before the month in which his application is filed4 4 7b7 ,elimination of reduction of benefit amounts for benefits claimed by widows1 widowers1 and surviving divorced spouses with disabilities before retirement age ,section #bjb7q7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7q77 is amended-- 7#a7 in paragraph 7#c77;,a71 by striking and has attained age #fb and all that follows through widower's insurance benefit7 and inserting and1 in the case of a wife's or husband's insurance benefit1 has attained age #fb2 7#b7 in paragraph 7#e71 by adding at the end the following new subparagraph3 7,e7 ,no widow's or widower's insurance benefit shall be reduced under this subsection for any month during which the individual entitled to such benefit is entitled to the benefit on the basis of paragraph 7#a77;,b77ii7 of subsection 7e7 7in the case of a widow's insurance benefit7 or paragraph 7#a77;,b77ii7 of subsection 7f7 7in the case of a widower's insurance benefit74 2 and 7#c7 in paragraph 7#g7-- 7,a7 in subparagraph 7,e71 by striking benefits1 and and inserting benefits12 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting 1 and2 and 7,c7 by adding at the end the following new subparagraph3 7,g7 in the case of a widow's or widower's insurance benefit-- 7i7 any month in which there was no reduction to the benefit under this subsection pursuant to paragraph 7#e77;,e72 and 7ii7 any month in which there would have been no reduction to the benefit under this subsection pursuant to paragraph 7#e77;,e7 if such paragraph had been in effect for such month4 4 7c7 ,technical amendments ,section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7 is amended-- 7#a7 in subsection 7e7-- 7,a7 by redesignating paragraphs 7#e7 through 7#h7 as paragraphs 7#d7 through 7#g72 and 7,b7 in paragraph 7#a77;,f77i71 by striking 7as defined in paragraph 7#e77 and inserting 7as defined in paragraph 7#d772 and 7#b7 in subsection 7f7-- 7,a7 by redesignating paragraphs 7#e7 through 7#h7 as paragraphs 7#d7 through 7#g72 and 7,b7 in paragraph 7#a77;,f77i71 by striking 7as defined in paragraph 7#e77 and inserting 7as defined in paragraph 7#d774 7d7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjba1 and shall apply to determinations of eligibility for1 and the amount of1 widow's and widower's insurance benefits payable on or after such date4 #c4 ,increase in child's age limit for child-in-care benefits 7a7 ,in general ,section #bjb7s77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7s77#a77 is amended by striking age of #af and inserting age of #ah 7or1 in the case of a child who is a full-time elementary or secondary school student1 #ai74 7b7 ,effective date ,the amendment made by this section shall take effect on ,january #a1 #bjba1 and shall apply to determinations of eligibility for1 and the amount of1 benefits payable on or after such date4 #d4 ,modification of benefit limit for widows1 widowers1 and surviving divorced spouses2 increase in benefit amount for delay in claiming benefits 7a7 ,in general ,section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb71 as amended by section #b1 is further amended-- 7#a7 in subsection 7e77#b7-- 7,a7 in subparagraph 7,a71 by inserting subsection 7aa71 subsection 7bb7 after subsection 7q712 and 7,b7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,subject to subsections 7aa7 and 7bb71 if the deceased individual 7on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow's insurance benefits under this subsection7 was1 at any time1 entitled to an old-age insurance benefit which was reduced by reason of the application of subsection 7q71 the widow's insurance benefit of such widow or surviving divorced wife for any month shall not exceed the greater of-- 7i7 amount of the old-age insurance benefit to which such deceased individual would have been entitled 7after application of subsection 7q77 for such month if such individual were still living and section #bae7;f77#e71 #bae7;f77#f71 or #bae7;f77#i77;,b7 were applied1 where applicable2 and 7ii7 #hba_/b percent of the primary insurance amount 7as determined without regard to subparagraph 7,c77 of such deceased individual4 2 7#b7 in subsection 7f77#b7-- 7,a7 in subparagraph 7,a71 by inserting subsection 7aa71 subsection 7bb71 after subsection 7q712 and 7,b7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,subject to subsections 7aa7 and 7bb71 if the deceased individual 7on the basis of whose wages and self-employment income a widower or surviving divorced husband is entitled to widower's insurance benefits under this subsection7 was1 at any time1 entitled to an old-age insurance benefit which was reduced by reason of the application of subsection 7q71 the widower's insurance benefit of such widower or surviving divorced husband for any month shall not exceed the greater of-- 7i7 amount of the old-age insurance benefit to which such deceased individual would have been entitled 7after application of subsection 7q77 for such month if such individual were still living and section #bae7;f77#e71 #bae7;f77#f71 or #bae7;f77#i77;,b7 were applied1 where applicable2 and 7ii7 #hba_/b percent of the primary insurance amount 7as determined without regard to subparagraph 7,c77 of such deceased individual4 2 and 7#c7 by adding at the end the following new subsections3 7aa7 ,increase over retirement insurance benefit limit of widow's and widower's insurance benefit amounts on account of delayed receipt of benefit 7#a7 ,subject to paragraph 7#f71 the amount of a widow's or widower's insurance benefit 7other than a benefit based on a primary insurance amount determined under section #bae7;a77#c7 as in effect in ,december #aigh or section #bae7;a77#a77;,c77i7 as in effect thereafter7 which is payable without regard to this subsection to an individual who is described in paragraph 7#g7 for a month shall be increased by-- 7,a7 the applicable percentage 7as determined for the individual under paragraph 7#e77 of such amount1 multiplied by 7,b7 the number 7if any7 of the increment months for such individual4 7#b7 ,for purposes of this subsection1 the number of increment months for any individual shall be a number equal to the total number of months beginning on or after ,january #a1 #bjba1 during which-- 7,a7 the individual-- 7i7 would have been entitled to a widow's or widower's insurance benefit except that the individual had not filed an application for such benefit2 or 7ii7 was entitled to a widow's or widower's insurance benefit that the individual did not receive pursuant to a request under section #bjb7z7 that such benefit not be paid2 7,b7 the individual had attained early retirement age 7as defined in section #baf7l77#b772 and 7,c7 the individual was not under a penalty imposed under section #aabi;,a4 7#c7 ,for purposes of paragraph 7#a71 a determination of the total number of increment months for an individual shall be made each time the individual becomes entitled or re-entitled to a widow's or widower's insurance benefit or begins receiving such a benefit after a period during which the individual did not receive the benefit pursuant to a request under section #bjb7z7 that such benefit not be paid4 7#d7 ,this subsection shall be applied to a widow's or widower's insurance benefit before any reduction under this title except for the reduction under subparagraph 7,d7 of subsection 7e77#b7 or 7f77#b7 of section #bjb 7as applicable74 7#e7 ,for purposes of paragraph 7#a77;,a71 the applicable percentage for an individual is a percentage equal to-- 7,a7 #bh4e2 divided by 7,b7 the number of months between the month in which the individual attains early retirement age 7as defined in section #baf7l77#b77 and the month in which the individual attains retirement age 7as defined in section #baf7l77#a774 7#f7 ,in no case shall the amount of a widow or widower's insurance benefit be increased under this subsection to an amount that exceeds the higher of-- 7,a7 the primary insurance amount of the deceased individual on whose wages and self-employment income the widow's or widower's insurance benefit is based2 or 7,b7 the amount of the old-age insurance benefit to which such deceased individual would have been entitled 7after application of subsection 7q7 and1 where applicable1 subsection 7w77 for such month if such individual were still living and section #bae7;f77#e71 #bae7;f77#f71 or #bae7;f77#i77;,b7 were applied1 where applicable4 7#g7 ,an individual described in this section is an individual who is entitled to a widow's or widower's insurance benefit that is subject to reduction under subparagraph 7,d7 of subsection 7e77#b7 or 7f77#b7 of section #bjb 7as applicable74 7bb7 ,increase in widow's and widower's insurance benefit amounts on account of delayed receipt of benefit 7#a7 ,subject to paragraph 7#f71 the amount of a widow's or widower's insurance benefit 7other than a benefit based on a primary insurance amount determined under section #bae7;a77#c7 as in effect in ,december #aigh or section #bae7;a77#a77;,c77i7 as in effect thereafter7 which is payable without regard to this subsection to an individual for a month shall be increased by-- 7,a7 the applicable percentage 7as determined for the individual under paragraph 7#e77 of such amount1 multiplied by 7,b7 the number 7if any7 of the increment months for such individual4 7#b7 ,for purposes of this subsection1 the number of increment months for any individual shall be a number equal to the total number of months beginning on or after ,january #a1 #bjba1 during which-- 7,a7 the individual-- 7i7 would have been entitled to a widow's or widower's insurance benefit except that the individual had not filed an application for such benefit2 or 7ii7 was entitled to a widow's or widower's insurance benefit that the individual did not receive pursuant to a request under section #bjb7z7 that such benefit not be paid2 7,b7 the individual had attained retirement age 7as defined in section #baf7l77#a772 7,c7 the individual was not under a penalty imposed under section #aabi;,a2 and 7,d7 the individual-- 7i7 is not an individual described in subsection 7aa77#g72 or 7ii7 is an individual-- 7,i7 who is described in subsection 7aa77#g72 and 7,,ii7 who1 if the individual were entitled to and did receive a widower's or widower's insurance benefit for the month1 would receive a benefit that would be increased under subsection 7aa7 to the maximum amount permissible under paragraph 7#f7 of such subsection4 7#c7 ,for purposes of paragraph 7#a71 a determination of the total number of increment months for an individual shall be made each time the individual becomes entitled or re-entitled to a widow's or widower's insurance benefit or begins receiving such a benefit after a period during which the individual did not receive the benefit pursuant to a request under section #bjb7z7 that such benefit not be paid4 7#d7 ,this subsection shall be applied to a widow's or widower's insurance benefit-- 7,a7 after application of subsections 7e77#b77;,c71 7f77#b77;,c71 and 7aa7 7as applicable72 and 7,b7 before any other reduction under this title4 7#e7 ,for purposes of paragraph 7#a77;,a71 the applicable percentage for an individual is-- 7,a7 #a_/ab of #a percent in the case of an individual who attains early retirement age in any calendar year before #aigi2 7,b7 #a_/d of #a percent in the case of an individual who attains early retirement age in any calendar year after #aigh and before #aihg2 7,c7 in the case of an individual who attains early retirement age in a calendar year after #aihf and before #bjje1 a percentage equal to the applicable percentage in effect under this subparagraph for persons who attain early retirement age in the preceding calendar year 7as increased pursuant to this clause71 plus #a_/bd of #a percent if the calendar year in which the individual involved attains early retirement age is not evenly divisible by #b2 and 7,d7 #b_/c of #a percent in the case of an individual who attains early retirement age in a calendar year after #bjjd4 7#f7 ,in no case shall the amount of a widow or widower's insurance benefit be increased under this subsection to an amount that exceeds the maximum amount to which the old age insurance benefit 7as determined without regard to subsection 7w77 of the individual on whose wages and self-employment income the widow's or widower's insurance benefit is based could have been increased under subsection 7w74 4 7b7 ,conforming amendment ,section #bjb7z77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7z77#a77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting and any individual who is entitled to widow's or widower's insurance benefits at any age before may request that2 and 7#b7 in clause 7ii71 by inserting 1 or1 in the case of an individual entitled to a widow's or widower's insurance benefit1 the first month in which1 if the individual filed an application for such benefit or requested that such benefit be resumed in such month1 the amount of such benefit would be equal to the maximum amount permissible under subsection 7aa77#g7 before the period4 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjba1 and shall apply to the determination of the amount of widow's and widower's insurance benefits payable on or after such date4 #e4 ,holding current beneficiaries harmless 7a7 ,in general ,in the case of an individual who is receiving benefits or assistance under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds as of the date on which the amendments made by this ,act take effect1 the amount of any additional income that is attributable to an increase in benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq47 or to new eligibility for benefits under such title that results from the amendments made by this ,act shall be disregarded for the purpose of determining such individual's continued eligibility for1 and amount of1 benefits or assistance under such ,federal1 ,state1 or local program4 7b7 ,limitation ,in the case of an individual described in subsection 7a7 who1 after the date on which the amendments made by this ,act take effect1 ceases to be eligible for benefits or assistance under a ,federal1 ,state1 or local program described in such subsection1 such subsection shall not apply to such individual for purposes of such program beginning on the date that such individual ceases to be so eligible4 #f4 ,provision of information to widows1 widowers1 and surviving divorced spouses 7a7 ,in general ,not later than ,january #a1 #bjba1 the ,commissioner of ,social ,security shall publish a booklet containing information related to benefits available under title ,,ii of the ,social ,security ,act to widows1 widowers1 and surviving divorced spouses1 including information on-- 7#a7 how old-age insurance benefits and survivors insurance benefits interact with each other2 7#b7 how to claim benefits1 and how the timing of claiming benefits can impact benefit amounts2 7#c7 the lump sum death benefit2 and 7#d7 how to contact the ,social ,security ,administration for additional information4 7b7 ,provision of booklet to widows1 widowers1 and surviving divorced spouses ,in the case of any individual who dies on or after ,january #a1 #bjba1 the ,commissioner of ,social ,security shall1 not later than #cj days after the ,social ,security ,administration is informed of the death of such individual1 mail a copy of the booklet described in subsection 7a7 to each widow1 widower1 or surviving divorced spouse of the individual who is known to the ,social ,security ,administration 7based on the records of the ,social ,security ,administration74