SSR 67-8: SECTION 202(e) and 216(c). -- WIDOW'S INSURANCE BENEFITS -- DEFINITION OF WIDOW -- ENTITLEMENT TO WIDOW'S INSURANCE ANNUITY UNDER RAILROAD RETIREMENT ACT IN MONTH BEFORE REMARRIAGE

SSR 67-8

The claimant, W, became entitled to a widow's insurance annuity under

section 5 of the Railroad Retirement Act effective with the month of her

first husband's death. The husband had no insured status under the Social

Security Act. This annuity was terminated upon W's marriage to R, her

second husband, on November 5, 1973. R died, fully insured for social

security purposes, on August 24, 1964, less than 10 months after his

marriage to W. W, initially denied social security benefits as R's widow,

filed a new application in August 1965 under the 1965 amendments to the

Social Security Act.

For entitlement to widow's insurance benefits on a deceased worker's

earnings record, section 202(e) of the Social Security Act provides that a

woman must, in addition to other requirements all of which W met, be that

worker's "widow" as defined in section 216(c).

Section 216(c) of the Act as in effect at the time of R's death provided

that a worker's surviving wife was his "widow" for purposes of entitlement

to benefits if she met any one of several conditions, those pertinent to

this case being: (1) she was married to him for not less than one year

immediately prior to the day on which he died; or (2) in the month before

the month in which she married him, she was entitled to widow's or

parent's insurance benefits under the Social Security Act or could have

been entitled to such a benefit if she had then been age 62 and had filed

application, or she was entitled to or upon application would have been

entitled to child's insurance benefits under the Act as a disabled child

age 18 or older.

month before

the month in which she married him, she was entitled to widow's or

parent's insurance benefits under the Social Security Act or could have

been entitled to such a benefit if she had then been age 62 and had filed

application, or she was entitled to or upon application would have been

entitled to child's insurance benefits under the Act as a disabled child

age 18 or older.

Since W was married to R for less than 10 months before the day of his

death, she could not meet the one-year duration-of-marriage requirement in

section 216(c). Thus, she could satisfy the definition of "widow" only if

she had been entitled or potentially entitled to widow's, parent's, or

child's insurance benefits under the Social Security Act in October 1963,

the month before the month of her marriage to R. In that month, W was

entitled to a widow's insurance annuity under the Railroad Retirement Act;

and while the Railroad Retirement Act and the Social Security Act are

similar in certain respects, they are different statutes, paying benefits

from different funds under different conditions. At the time of his death,

W's first husband was insured under the Railroad Retirement Act but he had

no insured status under the Social Security Act; therefore, W could

neither be entitled nor potentially entitled to social security benefits

on his earnings record. Consequently, under the Social Security Act as in

effect prior to the Social Security Amendments of 1965, W could not

satisfy the definition of "widow" in section 216(c) of the Act with

respect to her second husband, R, and thus she was not entitled to widow's

insurance benefits on his earnings record.

entitled nor potentially entitled to social security benefits

on his earnings record. Consequently, under the Social Security Act as in

effect prior to the Social Security Amendments of 1965, W could not

satisfy the definition of "widow" in section 216(c) of the Act with

respect to her second husband, R, and thus she was not entitled to widow's

insurance benefits on his earnings record.

The Social Security Amendments of 1965 (P.L. 89-97, enacted July 30,

1965) amended section 216(c) of the Act to include within the definition

of "widow" a surviving wife who was entitled or potentially entitled to a

widow's, parent's, or (at age 18 or older) child's insurance annuity under

the Railroad Retirement Act, in the month before the month of her

marriage. The Congress recognized that while the Railroad Retirement Act

makes an exception to the one-year duration-of-marriage requirement for

payment of widow's and widower's annuities in the case of a spouse who

had, before marriage, actual or potential entitlement to benefits as a

widow, widower, parent, or disabled child under the Social Security Act,

there was no similar exception made under the Social Security Act for a

spouse, such as W, who in the month preceding marriage had actual or

potential entitlement to an insurance annuity under the Railroad

Retirement Act. The purpose of the amendment was to prevent an individual

such as W, who was protected under the railroad retirement program, from

being left without social insurance protection because of marriage to a

worker insured under the social security program. (See Senate Report No.

404, Part I, 89th Cong., 1st Sess., pp. 110-111 (1965).)

As amended by section 334(b) of P.L. 89-97, section 216(c) of the Act now

provides in pertinent part as follows:

Section 334(g) of P.L. 89-97 provides that this amendment is applicable

with respect to monthly benefits beginning with September 1965, but only

on the basis of applications filed in or after July 1965.

Senate Report No.

404, Part I, 89th Cong., 1st Sess., pp. 110-111 (1965).)

As amended by section 334(b) of P.L. 89-97, section 216(c) of the Act now

provides in pertinent part as follows:

Section 334(g) of P.L. 89-97 provides that this amendment is applicable

with respect to monthly benefits beginning with September 1965, but only

on the basis of applications filed in or after July 1965.

Accordingly, having been entitled to a widow's insurance annuity under

the Railroad Retirement Act in the month before the month in which she

married R, it is held that W is R's "widow" as defined in section 216(c)

of the Social Security Act, and having met all other requirements, she is

entitled to widow's insurance benefits on R's earnings record beginning

with September 1965.