PL 99-69 A bill to extend the authority to establish and administer flexible and compressed work schedules for Federal Government employees (enacted 7/22/85)

Unless specified in the statute, legislation is effective upon enactment. For full text of legislation visit the website of the Library of Congress.

Amends section 5 of the Federal Employees Flexible and Compressed Work Schedules Act of 1982 to extend the authority of Federal agencies to use flexible and compressed employee work schedules until September 30, 1985.

PL 99-80 Equal Access to Justice Act Amendments (EAJA) (enacted 8/5/85)

Section 3 amends and makes permanent the EAJA and clarifies that section 206(b) of the Social Security Act (relating to attorney fees in Social Security court cases) would not prevent an award of fees and other expenses under the EAJA; any fees collected by the claimant's attorney for the same work under both Section 206(b) and section 2412(d) of Title 28, USC, the claimant's attorney is to refund to the claimant the amount of the smaller fee; effective for cases pending or commencing on or after 8/5/85.     

PL 99-88 Supplemental Appropriations (enacted 8/15/85)

Title I, Chapter VIII
Appropriates additional funds for "Payments to the Social Security Trust Funds", not to exceed $3,500,000,000 to carry out activities authorized by section 217(g) to remain available until 12/31/85.
Appropriates additional funds for limitation on administrative expenses, $10,000,000 for automatic data processing and telecommunications activities shall be derived from unobligated balances in the construction activity, to remain available until expended.

PL 99-109 A bill to extend the authority to establish and administer flexible and compressed work schedules for Federal government employees (enacted 9/30/85)

Amends section 5 of the Federal Employees Flexible and Compressed Work Schedules Act of 1982 to extend the authority of Federal agencies to use flexible and compressed employee work schedules until10/31/85.

PL 99-130  An Act to provide for the use and distribution of certain judgment funds awarded in docket 363 to the Mdewakanton and Wahpekute Eastern or Mississippi Sioux before the United States Court of Claims and Claims Court (enacted 10/28/85)

Per capita distribution of funds to the Mdewakanton and Wahpekute tribes are excluded from determining eligibility under the Social Security Act.

PL 99-140 A bill to extend the authority to establish and administer flexible and compressed work schedules for Federal Government employees (enacted 10/31/85)

Amends section 5 of the federal Employees Flexible and Compressed Work Schedules Act of 1982 to extend the authority of Federal agencies to use flexible and compressed employee work schedules until 10/31/85.

PL 99-146  An Act to provide for the use and distribution of funds appropriated in satisfaction of judgments awarded to the Chippewas of Lake Superior in Dockets Numbered 18-S, 18-U, 18-C and 18-T before the Indian Claims Commission, and for other purposes (enacted 11/11/85)

Section 6(b) none of the funds distributed per capita or held in trust shall be considered as I&R in determining the extent of eligibility for assistance under the Social Security Act or other Federal assistance programs including SSI.

PL 99-155 Temporarily Increases the Limit on the Public Debt and to Restore the Investments of the Social Security Trust Fund and Other Trust Funds (enacted 11/14/85)

Section 1 restores to the Social Security Trust Funds, or any other trust funds established pursuant to Federal law, any securities disinvested since 9/30/85.

PL 99-177  Increases in Statutory Limit on the Public Debt and Balanced Budget and Emergency Deficit Control Act of 1985 (enacted 12/12/85)

Increases the statutory limit on the public debt.
Title II amended the Congressional Budget and Impoundment Act of 1974 to require annual reductions in Federal budget deficits in each FY from 1986 to 1991 sufficient to eliminate the projected deficit by the end of this period; if targeted reductions in the deficit in a FY were not met, a system of automatic spending cuts would be implemented by the following:
--The President would be required to implement spending reductions (sequesters) in Federal programs.
--Congress would be prohibited from overriding a Presidential sequester order in any manner that would cause the deficit reduction target for the FY not to be met.
--Social Security benefits, including COLAs, interest payments on the national debt, SSI payments and others would be exempt from the sequestration process. Medicare would be subject to limited cuts 
--Legislation affecting Social Security would not be in order under the rules of the House and Senate when budget reconciliation is being considered.
--SSA's administrative expenditures would not be exempt from the sequestration process.
Section 261 provides that Trust Fund receipts and expenditures would be counted for purposes of determining the size of the deficit; however, operations of the OASI and DI Trust Funds are removed from the unified budget beginning in FY 1986; HI Trust Fund operations remain in the budget until FY 1993.
Section 272 requires the Sec. of Treasury to:
--Issue to the OASI, DI, HI and SMI Trust Funds obligations bearing interest rates and maturities identical with those of any obligations redeemed between 8/1/95 and 9/30/95, that would not have been redeemed had the debt ceiling been raised on 8/1/95.
--Adjust the payment of interest to the Trust Funds on 12/31/85, to take into account interest earnings associated with obligations that were redeemed after 8/1/85 by reason of the debt ceiling having been reached.
--Pay into the OASI and DI Trust Funds amounts sufficient to compensate them for interest losses attributable to the redemption of securities in September and October 1984.
--Pay into the OASI, DI, HI and/or SMI Trust Funds amounts sufficient to compensate them for interest losses during the period beginning with 12/7/85, and ending with the date of enactment that are attributable to the inability to invest income to the Trust Funds that would have otherwise been invested but for expiration of the November 14 temporary increase in the debt ceiling.

PL 99-178 Making Appropriations for the Departments of Labor, Health and Human Services, and Education for FY 1986 (12/12/85)

SSA appropriations for FY 1986 are made, including payments for the Trust Funds, special benefits for disabled coal miners and the SSI program.

Continuing Appropriations Resolutions

PL 99-103 (10/1/85-11/14/85) (enacted 9/30/85)
PL 99-154 (11/14/85-12/12/85) (enacted 11/14/85)
PL 99-179 (12/12/85-12/16/85) (enacted 12/13/85)
PL 99-184 (12/16/85-12/19/85) (enacted 12/17/85)
Making continuing appropriations for FY 86 at FY 85 levels until enactment of permanent FY 1986 appropriations.

PL 99-190 Making Further Continuing Appropriations for 12/19/85) the FY 1986, and for Other purposes (enacted 12/19/85)

Section 147(b) extends from 12/31/85 to 4/30/86, implementation of a retirement system supplemental to Social Security, the period during which Federal employees covered under Social Security. Amendments of 1983 will contribute 1.3 percent of their salary to their Federal retirement system.  

PL 99-198 Food Security Act of 1985 (enacted 12/23/85)

Section 1507 amends section 5(a) of the Food Stamp Act of 1977 by requiring that States (except cash-out States) grant automatic food stamp eligibility to households composed entirely of AFDC or SSI recipients; effective 12/23/85-9/30/89.

Section 1520 amends section 8 of the Food Stamp Act of 1977 a limited number of States and political subdivisions are to conduct projects under which a household is considered eligible for food stamps if any member receives a benefit under SSI, AFDC, or Medicaid and the household's gross income does not exceed the Federal poverty level; the Secs. of HHS and Agriculture shall consult to ensure that to the extent practicable, the processing of applications for, and determinations of eligibility to receive benefits under the Social Security Act.  

Section 1531 amends section 11(j) of the Food Stamp Act of 1977 requiring that any individual who is an applicant for or recipient of Social Security benefits shall be informed of the availability of benefits under the food stamp program and informed of the availability of a simple application to participate in such program at the Social Security office; effective 10/1/86.

PL 99-221 Cherokee Leasing Act (enacted 12/26/85)

Section 3 provides that Federal employees participating in the CSRS who leave Federal service on or before 12/31/88 to work for a tribal organization, continue to participate in the CSRS while so employed, and subsequently return to Federal employment after an absence of more than 1 year would be excluded from Social Security coverage.

PL 99-224 Equitable Waiver in the Compromise and Collection of Federal Claims (enacted 12/28/85)

Section 1 amends section 5584 of Title 5, USC related to claims for O/P of pay and allowances for Civil Service employees, and applies to any claim arising out of an erroneous payment of travel, transportation or relocation expenses and allowances made on or after the date of enactment.  

PL 99-234 Federal Civilian Employee and Contractor Travel Expenses Act of 1985 (enacted 1/02/86)

Title I amends Title 5, USC, revises authority relating to the payment of subsistence and travel allowances to government employees for official travel and prescribes standards for the allow-ability of the cost of subsistence and travel of contract personnel under government contracts.
Title II prescribes standards for the allow-ability of the cost of subsistence and travel of contract personnel under government contracts; effective on the publication of regulations, or 180 days after date of enactment, whichever occurs first.

PL 99-239  Compact of Free Association with Micronesia (enacted 1/14/86)

Title I provides for U.S. approval of a compact of free association between the U.S. and the Federated States of Micronesia and the Marshall Islands; approval of the Compact brings the U.S. trusteeship over the Trust Territory of the Pacific Islands (TTPI) a step closer to termination; termination must be approved by the United Nations; upon termination of the TTPI, the U.S. Social Security system will apply to the Northern Mariana Islands.


PL 99-266  An Act designating the Federal building located in Jamaica, Queens, New York as the Joseph P. Addabbo Federal Building (enacted 3/27/86)

This Act changes the name of Federal building where the Social Security Northeastern program center is located.

PL 99-272 Consolidated Omnibus Budget Reconciliation Act of 1985 (enacted 4/7/86)

Section 9124 limits Medicare Part A premium penalty for late enrollment to 10 percent and limits period during which penalty is paid to twice the number of years enrollment was delayed; effective for premiums paid for months beginning 7/86.
Section 9201 modifies group health insurance requirements of Age Discrimination in Employment Act, and makes corresponding changes in Medicare to remove current (age 70) upper age limit; allows working-aged individuals of any age who are enrolled in employment sponsored health insurance plans to defer Part B enrollment without incurring late enrollment premium surcharges; effective 5/1/86.
Section 9213 removes prohibition on comments by Medicare and Social Security actuaries relating to economic assumptions underlying trustees reports in annual certification or reasonableness of actuarial methodologies used in preparing cost estimates.
Section 9313 makes amendments to Section 1839 of the Social Security Act regarding Part B premiums.

Title XII- Income Security and Related Programs
Section 12101 extends through 6/6/90, the Sec.'s authority to waive statutory program requirements in conducting Title II work incentive demonstration projects; requires the Sec. to submit annual interim reports to Congress on progress of Title II projects on or before June 9 in each year (1986-1989), final report due 6/9/90; waiver authority permanent, and requires progress reports on Title XVI projects be incorporated in Sec.'s Annual Report to Congress.
Section 12102 requires Sec. to appoint a Disability Advisory Council within 90 days of enactment to study and make recommendations on the medical and vocational aspects of disability.
Section 12103 amends the IRC to exempt from income taxation all Social Security benefits paid to citizens of US possessions (American Samoa, Guam, Puerto Rico and Virgin Islands) who are not otherwise citizens of the US, if those benefits are subject to taxation under a provision of local law equivalent to the IRC provision under which US citizens are taxed on their benefits; effective 7/7/87.
Section 12104 amends section 2029d)(8)(D)(ii)(III) of the Social Security Act to provide that great-grandchildren of an insured individual or his or her spouse, adopted after the worker's entitlement to benefits, can be entitled to child's benefits if the child was living with and receiving one-half support from the worker for 1 year immediately prior to the child's applications for benefits; effective for applications filed after 4/7/86.
Section 12105 amends section 215(i)(4) of the Social Security Act to eliminate requirement that, whenever a general increase in Social Security benefits is announced, the Sec. publish revisions to table of benefits in the Federal Register.
Section 12106 amends section 709(b)(1) of the Social Security Act to clarify formula to measure balance ratio for Trust Fund.
Section 12107 amends section 202(d)(6)(E) of the Social Security Act to extend 15-month re-entitlement period to childhood disability beneficiaries who become entitled a second or subsequent time; effective 12/1/80, and applies to an individual who is under a disability on or after that date.
Section 12108 amends section 203(a)(4) of the Social Security Act, in the case of a working auxiliary beneficiary who receives benefits on the record of a disabled worker, provides for charging work deductions against the benefit computed under the disability FMAX benefit rather than the benefit computed under the FMAX benefit that applies to non-disability cases; effective with respect to benefits for months after 12/85.
Section 12109 (a)(1) amends section 224(a)(2) of the Social Security Act; clarifies that all workers' compensation benefits that caused offset of Social Security disability benefits prior to enactment of Omnibus Budget Reconciliation Act (OBRA)of 1981 (PL 97-35) continue to cause offset; effective as though it had been included in 1981 OBRA.
Section 12109(b)(1)
Federal, State and local workers subject to same test for the exclusion from offset of certain governmental disability benefits based on service covered under Social Security; effective for monthly benefit payable on basis of wage and SEI of individuals who became disabled after the month of enactment of this act.
Section 12110 amends section 218(f)(1) of the Social Security Act to provide that the effective date of a State Social Security coverage agreement is the date the agreement is mailed or delivered to the Sec.
Section 12111 amends section 708 of the Social Security Act and clarifies that for computing the OASDI trust-fund reserve ratio, benefits that are delivered prior to their scheduled delivery date would be deemed to have been paid on the regular delivery date.
Section 12112 amends section 209 of the Social Security Act, compensation received by senior status Federal judges during periods of active service is not wages for Social Security tax or earnings test purposes; effective 1/1/84.
Section 12113 provides recovery of O/Ps, amends sections 204(a) and 1631(b) of the Social Security Act to provide that benefit payments made to deceased Social Security or SSI beneficiaries will be treated as an O/P effective for deaths on or after date of enactment.
Section 12114 requires the Sec. to modify Social Security coverage agreement with Connecticut, to cover services performed after enactment by members of Division of State Police for members hired on or after 5/8/84, and members of tier II plan of State employees retirement system.
Section 12115 provides general effective date of subtitle, unless otherwise specified is first day of month following the month of enactment.
Section 12201(a) amends section 1618 to provide that a State shall not be found out of compliance with pass through requirements for years 1984 and 1985, if in 1986, the State supplementary payment levels are not less than its 12/76 levels increased by no less than then total percentage increase in the Federal SSI benefit standard between 12/76 and 2/86.
Section 12201(b) amends section 1616(b) of the Social Security Act to provide that SSA, at request of a State, shall administer State supplementary payments provided to residents of Medicaid facilities in cases in which the federal SSI benefit standard is limited to $25.
Section 12202 amends section 1634 of the Social Security Act to permit low-income widow/widowers who lost SSI eligibility to be deemed to be receiving SSI benefits for purpose of Medicaid eligibility.

PL 99-335 Federal Employees' Retirement Act of 1986 (enacted 6/6/86)

Section 310 provides that the COSS shall, on written request, disclose to OPM return information from returns with respect to net earnings from self-employment, wages and payments of retirement income that have been disclosed to SSA.

Continuing Appropriations Resolutions

PL 99-434 (10/1/86 - 10/8/86) (enacted 10/1/86)
PL 99-464 (10/8/86 - 10/10/86) (enacted 10/09/86)
PL 99-465 (10/10/86 - 10/15/86) (enacted 10/11/86)
PL 99-491 (10/15/86 - 10/15/86) (enacted 10/16/86)
Making continuing appropriations for FY 1987 at FY 1986 levels until enactment of permanent FY 1987 appropriations.

PL 99-500  Joint Resolution making continuing appropriations for FY 1987, and for other purposes (enacted 10/18/86)

Section 144 provides for 3 percent civilian pay raise for FY 1987.
Title VIII
Section 801  Paperwork Reduction Reauthorization Act of 1986, Section 816 Federal agency responsibilities, provides for amendments to 44 USC 3506(c), implement applicable government-wide and agency information policies, principles, standards and guidelines with respect to information collection, paperwork reduction, statistical activities, records management activities, privacy and security of records, sharing and dissemination of information, acquisition and use of information technology.

PL 99-509  Omnibus Budget Reconciliation Act of 1986 (enacted 10/21/86

Section 6001 delays until 4/1/87 the date that Federal employees participating in FERS, may begin to participate in the TSP and provides that CSRS employees may participate in the TSP on 4/1/87.
Sections 6101-6104 provide that Federal agencies can take administrative action against individuals who submit false claims or statements in cases involving $150,000 or less where the DOJ has declined to litigate; effective upon enactment for any claims or statements made, presented or submitted after that date.
Section 8202 assures Federal Trust Funds will not be adversely affected by delays in increasing the Public Debt Limit; effective 9/30/86.
Section 9001 permanently eliminates the COLA trigger for Social Security and SSI benefits; effective 1/1/87.
Section 9002 removes States' liability for their political subdivisions' Social Security deposits and requires States and political subdivisions to pay Social Security contributions under FICA procedures, and transfers the administration and collection from SSA to IRS; effective on all wages paid after 12/31/86.
Section 9312(h) allows Medicare beneficiaries to disenroll at a Social Security office; effective 6/1/87.
Section 9313(a) allows Medicare providers who have furnished Medicare Part A and Part B services to represent beneficiaries who are appealing payment denials for services if providers waive the right to payments for the appealed services and do not impose financial liability on the beneficiaries for the representation; effective 10/21/86.
Section 9313(b) allows beneficiaries to appeal certain Part A and Part B technical denials; effective 10/21/86.
Section 9319 provides that large employers of more than 100 individuals must also offer to any employee who is a disabled Medicare beneficiary, the same group health insurance protection offered to other employees, and provide for a special SMI enrollment and late periods for disabled individuals who delay enrolling in SMI because they are enrolled in large employer plan; effective 10/21/86.
Section 9341 allows beneficiaries to appeal denials of a Part B claim to the ALJ level if the total amount in controversy is $500 or more, and appeal to the Federal courts if the amount is $1,000 or more; effective to item and services furnished on or after 1/1/87.   
Section 9402 creates a new optional Medicaid categorically-needy group made up of individuals aged 65 and older or disabled, as defined by SSI eligibility, whose incomes do not exceed levels established by the States; effective for payments to States for calendar quarters beginning after 6/30/87.
Section 9404 permanently established mandatory Medicaid coverage for individuals who are working despite severe impairments as long as those individuals were receiving SSI disability or blindness benefits in the month before the month in which the provision applies; effective for calendar quarters beginning on or after 7/1/87.

PL 99-514 Tax Reform Act of 1986 (enacted 10/22/86)

Section 111 increases the rate of earned income tax credit from 11 percent to 14 percent of earnings and increases the maximum amount of earnings to which the rate applies from $5,000 to $5,714. 
Section 121 amends section 85 of the IRS code to repeal the exclusion of all or a portion of unemployment benefits from gross income for certain taxpayers; all unemployment insurance benefits must be included in gross income, regardless of the amount of other income received; effective for amounts received after 12/31/86 in taxable years ending after that date.
Section 122 excludes employee awards from wages for Social Security purposes; effective 12/31/86.
Section 1108 provides that small employers could offer their employees a choice under a Simplified Employee Pension (SEP) of receiving cash or an SEP contribution; effective 12/31/86.
Section 1147 provides that amounts contributed by an employee to the TSP are included as wages for Social Security purposes, but deferred for income tax purposes and employer contributions are also excluded from wages for Social Security purposes; effective taxable years after 12/31/86.
Section 1151(d)(2) clarifies that the amount of a salary reduction under a Cafeteria Plan is not wages for Social Security purposes; effective for taxable years beginning after 12/31/83.
Section 1162 extends for 2 years the exclusion from an employee's income for income tax and Social Security purposes for educational assistance programs and group legal plans; effective for taxable years beginning after 12/31/85.
Section 1163 limits to $5,000 a year ($2,500 in the case of a married couple filing separate tax returns) the exclusion from income for income tax and Social Security purposes to dependent care assistance benefits provided by an employer; effective for taxable years beginning after 12/31/86.
Section 1164 provides that in the case of an employee of an educational institution, gross income shall not include the value of
qualified campus lodging furnished to such employee during the taxable year; effective for taxable years beginning after 12/31/86.
Section 1501 increases the maximum penalty for failure to supply identifying number, including SSN's on returns and statements; effective for returns for which the due date is after 12/31/86.
Section 1524 requires that any taxpayer who claims an exemption for a dependent who has attained age 5 before the close of the taxable year must have a taxpayer identification number (usually a SSN) for that dependent.
Section 1704 provides procedures for clergymen to make application to their church informing them that that they are opposed to Social Security coverage; effective for applications filed after 12/31/86.
Section 1706 amends section 530 of the Revenue Act of 1978 to provide that certain technical personnel are not liable for Social Security taxes; effective for remuneration paid and services rendered after 12/31/86.
Section 1882(a) permits a church or church-controlled organization which has elected not to pay Social Security employer taxes to revoke its election; effective 10/22/86.
Section 1882(b) the optional exemption from Social Security self-employment taxes for members of certain religious sects does not apply to church employees who are self-employed; effective for taxable years beginning after 12/31/1985.
Section 1895(b)(18) provides that the mandatory Medicare coverage of State and local employees employed after March 31, 1986, does not apply to election officials and workers who are paid less than $100 in a calendar year; effective for services performed after March 31,1986.

PL 99-559 A joint resolution providing for furloughed employees compensation (enacted 10/27/86)

Provides Federal employees furloughed as a result of the lapse in appropriations from midnight October 16, 1986, until enactment of House JR 738, compensation at standard rate.

PL 99-570 Anti-Drug Abuse Act of 1986 (enacted 10/27/86)

Section 6004 amends section 7904 of the Social Security Act; which requires the head of each Executive agency to establish appropriate prevention, treatment and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency.
Section 11005 amends section 1631 of the Social Security Act; the Sec. shall provide a method of making payments under this title to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address.
Section 11006 requires the Sec. to develop a system under which an individual can apply for SSI prior to discharge or release from a public institution.

PL 99-591 A joint resolution making continuing appropriations for the fiscal year 1987, and for other purposes (enacted 10/30/86)  

Title II makes SSA appropriations for FY 1987, including payments for the Trust Funds, special benefits for disabled coal miners, SSI, and the LAE account. 

PL 99-603 Immigration Reform and Control Act of 1986 (enacted 11/6/86)

Section 101 Control of Unlawful Employment of Aliens requires the Sec., acting through SSA in cooperation with AG and Sec. of Labor, to study the feasibility and costs of establishing a SSN validation systems; study methods for use in determining employment eligibility of aliens in the US.
Section 201provides lawful temporary resident status beginning no later than 5/5/87 to aliens who have unlawfully and continuously resided in US since before 1/1/82; aliens granted lawful temporary resident status and aged, blind or disabled not barred from participation in SSI, Food Stamps, and Medicaid.
Section 203 updates registry date from 6/30/1948 to 1/1/1972; those undocumented aliens who entered between these dates deemed to be lawfully admitted for permanent residence meet SSI program requirements. 
Section 204 appropriates $1 billion/yr for FY 1988-1991 to reimburse States for financial and medical assistance, and educational services provided certain newly legalized aliens; amount paid to States first reduced by amount of Federal expenditures for SSI, food stamps and Medicaid provided to certain newly legalized aliens because of exceptions to public assistance bar under section 201.
Section 302 provides for legalization of certain agricultural workers, but bars them from AFDC for 5 years, and only limited access to Medicaid.
Section 303 provides for legalization of additional agricultural workers who replace workers described under section 302 who leave agricultural work; such aliens barred from participation in Federally funded aid program for 5 years, except that the aged, blind and disabled not barred from SSI, food stamps and Medicaid.

PL 99-642 A bill to designate the Federal Building at 111 W. Huron Street, Buffalo, New York, as the "Thaddeus J. Dulski Federal Building". (enacted 11/10/86)

This Act names the Federal building where this Social Security office is located.

PL 99-643 Employment Opportunities for Disabled Americans Act (enacted 11/10/86)


Section 2 made permanent special cash benefits and Medicaid coverage available to individuals who work despite severe impairments.
Section 3 allows individuals who have been working and are hospitalized for short periods to continue receiving SSI benefits; effective 7/1/87.
Section 4 makes changes to section 1619 of the Social Security Act regarding eligibility and reinstatement; effective 7/1/87.
Section 5 provides for notification to applicants and recipients of section 1619 benefits, and incentive to increase work; effective 7/1/87.
Section 6 provides for continuation of Medicaid coverage for individuals who lose their eligibility for SSI because of entitlement to or increase in Social Security benefits received as "adult disabled children"; effective 7/1/87.
Section 7 provides Medicaid coverage for individuals in section 1619 status in States that previously did not specifically cover 1619 individuals; effective 7/1/87.
Section 8 provides that benefits due a deceased recipient may be paid to the surviving spouse if spouse and recipient were living in same household within the meaning of the lump-sum death payment provision at time of recipient's death or within 6 months immediately preceding his death, or parent of disabled or blind child; effective with respect to benefits payable for months after 5/86.
Section 9 permits States not to follow SSI rule that members of a couple sharing a room in a Medicaid institution be considered as two individuals if following SSI rule would disadvantage either spouse.