Proposed SWIFT Act would increase Social Security benefits for widows, widowers

Benefit caps, legal restrictions and claiming requirements for Social Security would change under the Surviving Widow(er) Income Fair Treatment, or SWIFT, Act, announced Wednesday by Sen. Kirsten Gillibrand (D-NY), the ranking member of the Senate Special Committee on Aging, and Sen. Richard Blumenthal (D-CT).

The changes would result in increased benefits for widowed and surviving divorced spouses, according to Gillibrand, one of the five senators who introduced the legislation.

“…Outdated rules and antiquated policies mean that too many seniors, especially widowed spouses, and women disproportionately, aren’t receiving the benefits they’ve earned or being treated fairly,” Gillibrand said. “Our SWIFT Act will help modernize the program and strengthen benefits for our seniors.”

The act would allow widowed and surviving divorced spouses with disabilities to receive 100% of the survivor benefits regardless of their age. It also would increase survivor benefits for widowed and surviving divorced spouses beyond current caps. The legislation also would expand child-in-care benefits for widowed and surviving spouses caring for children until those children reach age 18 or 19 as long as they remain in school. 

Under current law, widows and widowers who develop a disability after their spouse dies are not allowed to claim survivor benefits until they reach age 50, and the value of those benefits is reduced if they claim them before reaching full retirement age. More than one third of widows and widowers also have benefits limited by the “widow(er)’s limit,” which permanently reduces survivor benefits if a deceased spouse claimed retirement benefits before reaching full retirement age. 

Although any increase to Social Security survivors’ benefits would help eligible senior living residents, the prospects for passage of this bill are slim given that it is not paid for and would worsen the Social Security financing problem, American Seniors Housing Association Vice President of Government Affairs Jeanne McGlynn Delgado told McKnight’s Senior Living.

In fact, the SWIFT Act unsuccessfully has been introduced previously, including in 2018, 2019, 2021 and 2023.

About 21.8 million older adults rely solely on Social Security for their income, so the increases proposed in the bill would “make a real difference,” Delgado said. But projections, she added, indicate that the associated trust funds will be unable to pay 100% of scheduled benefits by 2034, underscoring the need for policymakers to address the imbalance, especially given the nation’s aging demographics.

“Many good ideas have been proposed that would both improve benefits for vulnerable populations — including women, children and people with disabilities — and improve the program’s long-term finances, but no consensus on a solution has been reached,” Delgado said. “ASHA will continue to monitor this issue as these types of bills can lead to larger policy discussions that will have real impact on the future of Social Security.”

Other sponsors of the bill include Amy Klobuchar (D-MN), Patty Murray (D-WA) and Bernie Sanders (I-VT). The proposal is supported by the AFL-CIO, AFSCME, Justice in Aging and various other national organizations. 

“Social Security is a lifeline for Americans, playing a critical role in their economic security and financial well-being — and yet, many individuals face burdensome hurdles and arbitrary requirements preventing them from receiving the full benefits they are owed,” Blumenthal said, adding that more than 1 million Americans would receive Social Security benefits under the SWIFT Act.