Rep. Mark Takano Introduces Legislation to Close Social Security and Medicare LGBT Loopholes
Washington DC – Earlier today, Rep. Mark Takano introduced the Social Security and Medicare Parity Act, which would close several loopholes in the Social Security Act and guarantee that all married couples, traditional and same-sex, receive the Social Security and Medicare spouse and survivor benefits that they have earned.
After the Supreme Court issued its ruling for United States v. Windsor, the Department of Justice conducted a review to determine implementation of spouse and survivor benefits. The review concluded that despite Section 3 of DOMA being ruled unconstitutional, certain provisions of the Social Security Act prohibit the federal government from paying same-sex married couples their earned Social Security and Medicare benefits if the state does not recognize same-sex marriage.
The Social Security Act also requires couples to be married for nine months before they can qualify for Social Security benefits, or twelve months for a retired spouse to receive benefits.
The Social Security and Medicare Parity Act would close these loopholes by:
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Repealing discriminatory provisions and allow the Social Security Administration to award benefits to any marriage that is valid.
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Allowing same-sex married couples whose marriage was delayed because of discrimination to use a combination of marriage time and time in domestic partnership to qualify for benefits.
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Requiring the Social Security Administration to notify Americans of the new policies and conduct a comprehensive outreach campaign to encourage same-sex couples to apply for the benefits they are owed.
“We’ve come a long way in the fight for marriage equality since the Windsor decision, and I’m hopeful the Supreme Court will continue that momentum after hearing oral arguments on marriage equality next week,” said Rep. Takano. “Unfortunately, barriers still remain for same-sex couples claiming the Social Security and Medicare survivor and spousal benefits they have earned. The Social Security and Medicare Parity Act of 2015 guarantees federal benefits for same-sex couples no matter where they reside and closes loopholes to ensure couples qualify for benefits as soon as possible. By calling on the Social Security Administration to conduct comprehensive outreach we can make sure all couples know their rights and receive the benefits they have earned.”
Original co-sponsors of the legislation include Rep. Katherine Clark, Rep. John Conyers, Rep. Susan Davis, Rep. Elizabeth Esty, Rep. Lois Frankel, Rep. John Garamendi, Rep. Ron Kind, Rep. Barbara Lee, Rep. Sander Levin, Rep. John Lewis, Rep. Alan Lowenthal, Rep. Jim McDermott, Rep. Scott Peters, Rep. Chellie Pingree, Rep. Mark Pocan, Rep. Jared Polis, Rep. Lucille Roybal-Allard, Rep. Jackie Speier, Rep. Mike Thompson, Rep. Juan Vargas, and Rep. Frederica Wilson.
The Social Security and Medicare Parity Act has been endorsed by the Human Rights Campaign, Social Security Works, Services and Advocacy for GLBT Elders, Justice in Aging (formerly the National Senior Citizens Law Center), and the AFL-CIO.