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HR 1158 IH

To amend title II of the Social Security Act to eliminate the two-year waiting period for divorced spouse's benefits following the divorce.

February 16, 2007

Mrs. LOWEY introduced the following bill; which was referred to the Committee on Ways and Means

To amend title II of the Social Security Act to eliminate the two-year waiting period for divorced spouse's benefits following the divorce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S BENEFITS FOLLOWING THE DIVORCE IN CASES OF PRIOR RECEIPT OF SPOUSE'S BENEFITS.

(a) Wife's Insurance Benefits- Section 202(b)(4)(A) of the Social Security Act (42 U.S.C. 402(b)(4)(A)) is amended by striking `divorced wife--' and all that follows through `shall be entitled' and inserting `divorced wife meets the requirements of subparagraphs (A) through (D) of paragraph (1), shall be entitled'.

(b) Husband's Insurance Benefits- Section 202(c)(4)(A) of such Act (42 U.S.C. 402(c)(4)(A)) is amended by striking `divorced husband--' and all that follows through `shall be entitled' and inserting `divorced husband meets the requirements of subparagraphs (A) through (D) of paragraph (1), shall be entitled'.

(c) Exemption From Deductions on Account of Work- Section 203(b)(2) of such Act (42 U.S.C. 403(b)(2)) is amended--

(1) by striking `(2)(A) Except as' and all that follows through `the benefit to which' and inserting the following: `(2) In any case in which any of the other persons referred to in paragraph (1)(B) is entitled to monthly benefits as a divorced spouse under subsection (b) or (c) of section 202 for any month, the benefit to which'; and

(2) by striking subparagraph (B).

SEC. 2. EFFECTIVE DATE.

The amendments made by section 1 shall apply with respect to benefits for months after the date of the enactment of this Act.