Anthony Gonzales Equality for Survivors (AGES) Act

I 116TH CONGRESS 2D SESSION H. R. 7209 To amend title II of the Social Security Act to provide for equal treatment of individuals in same-sex marriages, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 15, 2020 Ms. HAALAND (for herself, Mrs. KIRKPATRICK, Ms. NORTON, Mr. SOTO, Mr. GRIJALVA, Mr. GALLEGO, Mrs. HAYES, Mr. LYNCH, Mr. LOWENTHAL, Mr. CA´RDENAS, Ms. SA´NCHEZ, Mrs. MURPHY of Florida, Mr. RASKIN, Mr. CICILLINE, and Ms. SCANLON) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for equal treatment of individuals in same-sex marriages, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Anthony Gonzales 4 Equality for Survivors (AGES) Act’’. 5 VerDate Sep 11 2014 00:40 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7209.IH H7209 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7209 IH SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE 1 SOCIAL SECURITY ACT. 2 (a) IN GENERAL.—Section 216(h)(1)(A)(i) of the So- 3 cial Security Act (42 U.S.C. 416(h)(1)(A)(i)) is amended 4 by striking ‘‘is domiciled’’ and all that follows through 5 ‘‘the District of Columbia,’’ and inserting ‘‘and such appli- 6 cant were married (or, if such insured individual and such 7 applicant were not married in any State but were validly 8 married in another jurisdiction, the courts of any State)’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 this section shall apply to all final determinations of family 11 status made after June 26, 2013. 12 SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH 13 REQUIREMENT FOR WIDOWS, STEP- 14 CHILDREN, OR WIDOWERS IN CERTAIN 15 CASES. 16 Section 216(k) of the Social Security Act (42 U.S.C. 17 416(k)) is amended— 18 (1) in the section heading, by striking ‘‘in Case 19 of Accidental Death or in Case of Serviceman Dying 20 in Line of Duty, or in Case of Remarriage to the 21 Same Individual’’ and inserting ‘‘in certain cases’’; 22 (2) in paragraph (1), by striking ‘‘or’’ at the 23 end; 24 (3) in paragraph (2)(B), by adding ‘‘or’’ at the 25 end; 26 VerDate Sep 11 2014 00:40 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7209.IH H7209 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7209 IH (4) by inserting after paragraph (2) the fol- 1 lowing: 2 ‘‘(3)(A) in the case of a widow or widower of 3 such individual whose marriage to such individual 4 would not have been treated as a marriage for pur- 5 poses of Federal law prior to June 26, 2013, such 6 widow or widower— 7 ‘‘(i) became the wife or husband of such 8 individual (or was deemed to be the wife or hus- 9 band of such individual under subsection 10 (h)(1)(A)(ii))— 11 ‘‘(I) if such widow or widower is domi- 12 ciled in a State that recognized same-sex 13 marriages as of June 26, 2013, during the 14 9-month period beginning with June 26, 15 2013; and 16 ‘‘(II) if such widow or widower is 17 domiciled in any other State— 18 ‘‘(aa) during the 9-month period 19 beginning with June 26, 2013; or 20 ‘‘(bb) during the 9-month period 21 beginning with June 26, 2015, or if 22 earlier, the first date on which such 23 State recognized same-sex marriages; 24 and 25 VerDate Sep 11 2014 00:40 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7209.IH H7209 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7209 IH ‘‘(ii) provides a sworn affidavit that the 1 widow or widower was in a domestic partner- 2 ship with such individual throughout the 9- 3 month period ending on the date of the individ- 4 ual’s death; or 5 ‘‘(B) the stepchild of such individual— 6 ‘‘(i) became the stepchild of such indi- 7 vidual as a result of a parent of the stepchild 8 becoming the wife or husband of such individual 9 (or being deemed to be the wife or husband of 10 such individual under subsection 11 (h)(1)(A)(ii))— 12 ‘‘(I) if such parent is domiciled in a 13 State that recognized same-sex marriages 14 as of June 26, 2013, during the 9-month 15 period beginning with June 26, 2013; and 16 ‘‘(II) if such parent is domiciled in 17 any other State— 18 ‘‘(aa) during the 9-month period 19 beginning with June 26, 2013; or 20 ‘‘(bb) during the 9-month period 21 beginning with June 26, 2015, or if 22 earlier, the first date on which such 23 State recognized same-sex marriages; 24 and 25 VerDate Sep 11 2014 00:40 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7209.IH H7209 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7209 IH ‘‘(ii) provides a sworn affidavit that such 1 parent was in a domestic partnership with such 2 individual throughout the 9-month period end- 3 ing on the date of the individual’s death;’’; and 4 (5) by adding at the end the following: ‘‘For 5 purposes of this subsection, the term ‘same-sex mar- 6 riage’ shall include a civil union, registered domestic 7 partnership, and any other legal relationship treated 8 by the Commissioner as a marital relationship for 9 purposes of determining eligibility for spousal bene- 10 fits under this title.’’ 11 SEC. 4. NOTIFICATION OF CHANGES IN LAW; OUTREACH 12 CAMPAIGN. 13 (a) IN GENERAL.—Not later than 180 days after the 14 date of the enactment of this Act, the Commissioner of 15 Social Security shall conduct a comprehensive and effec- 16 tive 3-year outreach campaign to encourage individuals 17 newly eligible for benefits under title II of the Social Secu- 18 rity Act as a result of changes in law relating to same- 19 sex marriage and occurring on or after June 26, 2013, 20 including this Act and the amendments made thereby, to 21 apply for such benefits. Such outreach campaign shall in- 22 clude direct notification regarding such changes in law to 23 current beneficiaries and to individuals approaching retire- 24 ment. 25 VerDate Sep 11 2014 00:40 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7209.IH H7209 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7209 IH (b) REPORT TO CONGRESS.—Not later than Decem- 1 ber 31 of each of the first 3 calendar years beginning after 2 the date of the enactment of this Act, the Commissioner 3 of Social Security shall submit to the Committee on Ways 4 and Means of the House of Representatives, the Com- 5 mittee on Finance of the Senate, and the Committees on 6 Appropriations of the House of Representatives and the 7 Senate a report that includes— 8 (1) a description of the educational and out- 9 reach activities conducted by the Commissioner of 10 Social Security under subsection (a) during the pre- 11 ceding year; 12 (2) the number of applications for benefits 13 under title II of the Social Security Act filed as a 14 result of changes in law relating to same-sex mar- 15 riage and occurring on or after June 26, 2013, in- 16 cluding this Act and the amendments made thereby, 17 in the preceding year; and 18 (3) the number of such applications which re- 19 sulted in entitlement to benefits. 20 Æ VerDate Sep 11 2014 00:40 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7209.IH H7209 pamtmann on DSKBC07HB2PROD with BILLS