Bills Sec. 7 — Alternate benefit amount for widow’s a…

Section 202(e) of the Social Security Act ( 42 U.S.C. 402(e) ) is amended— in paragraph (1)— in subparagraph (B), by inserting and at the end; in subparagraph (C)(iii), by striking and at the end; by striking subparagraph (D); by redesignating subparagraphs

(E)and

(F)as subparagraphs

(D)and (E), respectively; and in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit and all that follows through such deceased individual, ; by striking subparagraph

(A)in paragraph

(2)and inserting the following: Except as provided in subsection (k)(5), subsection (q), and subparagraph

(D)of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of— the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs

(B)and (C)) of such deceased individual; or subject to paragraph (9), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs

(B)and (C)) of such deceased individual. ; in paragraph (5)— in subparagraph (A), by striking paragraph (1)(F) and inserting paragraph (1)(E) ; and in subparagraph (B), by striking paragraph (1)(F)(i) and inserting paragraph (1)(E)(i) ; and by adding at the end the following new paragraph: For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph

(1)became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . Section 202(f) of the Social Security Act ( 42 U.S.C. 402(f) ) is amended— in paragraph (1)— in subparagraph (B), by inserting and at the end; in subparagraph (C)(iii), by striking and at the end; by striking subparagraph (D); by redesignating subparagraphs

(E)and

(F)as subparagraphs

(D)and (E), respectively; and in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit and all that follows through such deceased individual, ; by striking subparagraph

(A)in paragraph

(2)and inserting the following: Except as provided in subsection (k)(5), subsection (q), and subparagraph

(D)of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of— the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs

(B)and (C)) of such deceased individual; or subject to paragraph (9), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs

(B)and (C)) of such deceased individual. ; in paragraph (5)— in subparagraph (A), by striking paragraph (1)(F) and inserting paragraph (1)(E) ; and in subparagraph (B), by striking paragraph (1)(F)(i) and inserting paragraph (1)(E)(i) ; and by adding at the end the following new paragraphs: For purposes of clauses

(i)and

(ii)of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause

(ii)of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph

(1)became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . Section 202(k)(3) of the Social Security Act ( 42 U.S.C. 402(k)(3) ) is amended— in subparagraph (A), by striking If an individual and inserting Except as provided in subparagraph (C), if an individual ; and by adding at the end the following new subparagraph: If an individual is entitled for any month to a widow's or widower's insurance benefit and is also entitled to an old-age or disability insurance benefit for such month that is greater than such widow's or widower's insurance benefit, the reduction described in subparagraph (A), with respect to such widow's or widower's insurance benefit, shall be carried out by substituting an amount equal to the primary insurance amount of the deceased individual referred to in subsection (e)(1) or (f)(1) (as determined for purposes of subsection (e)(2)(A)(i) or (f)(2)(A)(i)) for the amount equal to the old-age or disability insurance benefit of the individual entitled to the widow's or widower's insurance benefit. . The amendments made by this section shall apply with respect to widow's insurance benefits and widower's insurance benefits that are payable for months beginning after December 31, 2019.

Sec. 7. Alternate benefit amount for widow’s and widower’s insurance benefits