I

104TH CONGRESS

2D SESSION H. R. 3357

To amend title II of the Social Security Act to provide for an increase

of up to 5 in the number of years disregarded in determining average

annual earnings on which benefit amounts are based upon a showing

of preclusion from remunerative work during such years occasioned by

need to provide child care or care to a chronically dependent relative.

IN THE HOUSE OF REPRESENTATIVES

APRIL 30, 1996

Mrs. LOWEY 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 an increase of up to 5 in the number of years

disregarded in determining average annual earnings on

which benefit amounts are based upon a showing of

preclusion from remunerative work during such years

occasioned by need to provide child care or care to a

chronically dependent relative.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Social Security

5 Caregiver Act of 1996’’.
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1 SEC. 2. INCREASE IN NUMBER OF YEARS DISREGARDED.

2 (a) IN GENERAL.—Section 215(b)(2) of the Social

3 Security Act (42 U.S.C. 415(b)(2)) is amended—

4 (1) by striking the period at the end of clause

5 (ii) of subparagraph (A) and inserting a comma;

6 (2) by striking ‘‘Clause (ii), once’’ after and

7 below clause (ii) of subparagraph (A) and inserting

8 the following:

9 ‘‘and reduced further to the extent provided in subpara10 graph (B). Clause (ii), once’’;

11 (3) by striking ‘‘If an individual’’ in the matter

12 following clause (ii) of subparagraph (A) and all that

13 follows through the end of subparagraph (A);

14 (4) by redesignating subparagraph (B) as sub15 paragraph (F); and

16 (5) by inserting after subparagraph (A) the fol17 lowing new subparagraphs:

18 ‘‘(B) Subject to subparagraph (C), in any case in

19 which—

20 ‘‘(i) in any calendar year which is included in

21 an individual’s computation base years—

22 ‘‘(I) such individual is living with a child

23 (of such individual or his or her spouse) under

24 the age of 12, or

25 ‘‘(II) such individual is living with a child

26 (of such individual or his or her spouse), a par-
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1 ent (of such individual or his or her spouse), or

2 such individual’s spouse while such child, par3 ent, or spouse is a chronically dependent indi4 vidual,

5 ‘‘(ii) such calendar year is not disregarded pur6 suant to subparagraphs (A) and (E) (in determining

7 such individual’s benefit computation years) by rea8 son of the reduction in the number of such individ9 ual’s elapsed years under subparagraph (A), and

10 ‘‘(iii) at any time during or after such calendar

11 year and on or before the date of the application by

12 such individual for benefits based on such individ13 ual’s wages and self-employment income, such indi14 vidual submits to the Commissioner of Social Secu15 rity, in such form as the Commissioner shall pre16 scribe by regulations, a written statement that the

17 requirements of clause (i) are met with respect to

18 such calendar year,

19 then the number by which such elapsed years are reduced

20 under this paragraph pursuant to subparagraph (A) shall

21 be increased by one (up to a combined total not exceeding

22 5) for each such calendar year.

23 ‘‘(C)(i)(I) No calendar year shall be disregarded by

24 reason of subparagraph (B) (in determining such individ25 ual’s benefit computation years) unless the individual had
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1 less than the applicable dollar amount (in effect for such

2 calendar year under this clause) of earnings as described

3 in section 203(f)(5) for such year.

4 ‘‘(II) Except as otherwise provided in subclause (III),

5 the applicable dollar amount in effect under this clause

6 for any calendar year is $2,000.

7 ‘‘(III) In each calendar year after 1996, the Commis8 sioner of Social Security shall determine and publish in

9 the Federal Register, on or before November 1 of such

10 calendar year, the applicable dollar amount which shall be

11 effective under this clause for the next calendar year. Such

12 dollar amount shall be equal to the larger of the applicable

13 dollar amount which is effective under this clause for the

14 calendar year in which such determination is made or,

15 subject to subclause (VII), the product described in sub16 clause (IV).

17 ‘‘(IV) The product described in this subclause is the

18 product derived by multiplying the applicable dollar

19 amount which is effective under this clause for the cal20 endar year in which the determination under subclause

21 (III) is made, by the ratio of the amount described in sub22 clause (V) to the amount described in subclause (VI).

23 ‘‘(V) The amount described in this subclause is the

24 national average wage index (as defined in section
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1 209(k)(1)) for the calendar year before the calendar year

2 in which the determination under subclause (III) is made.

3 ‘‘(VI) The amount described in this subclause is the

4 national average wage index (as defined in section

5 209(k)(1)) for 1995 or, if later, the calendar year before

6 the most recent calendar year in which a determination

7 resulting in an increase in the applicable dollar amount

8 was made under subclause (III).

9 ‘‘(VII) If the product described in subclause (IV) is

10 not a multiple of $1.00, such product shall be rounded

11 to the next higher multiple of $1.00 in any case in which

12 such product is a multiple of $0.50 but not of $1.00, and

13 to the nearest multiple of $1.00 in any other case.

14 ‘‘(ii) No calendar year shall be disregarded by reason

15 of subparagraph (B) (in determining such individual’s

16 benefit computation years) in connection with a child re17 ferred to in subparagraph (B)(i)(I) (and not referred to

18 in subparagraph (B)(i)(II)) unless the individual was liv19 ing with the child substantially throughout the period in

20 such year in which the child was alive and under the age

21 of 12 in such year.

22 ‘‘(iii) No calendar year shall be disregarded by reason

23 of subparagraph (B) (in determining such individual’s

24 benefit computation years) in connection with a child, par25 ent, or spouse referred to in subparagraph (B)(i)(II) un-
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1 less the individual was living with such child, parent, or

2 spouse substantially throughout a period of 180 consecu3 tive days in such year throughout which such child, par4 ent, or spouse was a chronically dependent individual.

5 ‘‘(iv) The particular calendar years to be disregarded

6 under this subparagraph (in determining such benefit

7 computation years) shall be those years (not otherwise dis8 regarded under subparagraph (A)) which, before the appli9 cation of subsection (f), meet the conditions of the preced10 ing provisions of this subparagraph.

11 ‘‘(v) This subparagraph shall apply only to the extent

12 that its application would not result in a lower primary

13 insurance amount.

14 ‘‘(D)(i) For purposes of this paragraph, the term

15 ‘chronically dependent individual’ means an individual

16 who—

17 ‘‘(I) is dependent on a daily basis on another

18 person who is living with the individual and is assist19 ing the individual without monetary compensation in

20 the performance of at least 2 of the activities of

21 daily living (described in clause (ii)), and

22 ‘‘(II) without such assistance could not perform

23 such activities of daily living.

24 ‘‘(ii) The ‘activities of daily living’, referred to in

25 clause (i), are the following:
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1 ‘‘(I) Eating.

2 ‘‘(II) Bathing.

3 ‘‘(III) Dressing.

4 ‘‘(IV) Toileting.

5 ‘‘(V) Transferring in and out of a bed or in and

6 out of a chair.

7 ‘‘(E) The number of an individual’s benefit computa8 tion years as determined under this paragraph shall in no

9 case be less than 2.’’.

10 SEC. 3. EFFECTIVE DATE AND RELATED PROVISIONS.

11 (a) IN GENERAL.—The amendments made by this

12 Act shall apply only with respect to computation base

13 years after 1985, and only with respect to benefits payable

14 for months after December 1996.

15 (b) NOTICE AND PROCEDURES.—

16 (1) 60-DAY GRACE PERIOD AFTER INITIAL ISSU17 ANCE OF FINAL REGULATIONS FOR CURRENT BENE18 FICIARIES AND APPLICANTS.—The requirements of

19 clause (iii) of section 215(b)(2)(B) of the Social Se20 curity Act (as amended by this Act) shall be treated

21 as satisfied, in the case of a statement—

22 (A) which is filed by an individual who is,

23 as of the date of the first issuance in final form

24 of the regulations required under such clause, a

25 recipient of monthly benefits under section
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1 202(a) or 223 of the Social Security Act, or an

2 applicant for such benefits, and

3 (B) with respect to which the requirements

4 of such clause would be met but for the date of

5 the filing of such statement,

6 if such statement is submitted to the Commissioner

7 of Social Security not later than 60 days after the

8 date of the first issuance in final form of such regu9 lations.

10 (2) NOTICE REQUIREMENTS.—

11 (A) NOTICE TO CURRENT BENEFICIARIES

12 AND APPLICANTS.—The Commissioner of Social

13 Security shall issue, not later than the date of

14 the first issuance in final form of the regula15 tions required under clause (iii) of section

16 215(b)(2)(B) of the Social Security Act (as

17 amended by this Act), regulations establishing

18 procedures to ensure that—

19 (i) persons who are, as of such date,

20 recipients of monthly benefits under sec21 tion 202(a) or 223 of the Social Security

22 Act, or applicants for such benefits, are

23 fully informed of the amendments made by

24 this Act; and
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1 (ii) such persons are invited to com2 ply, and given a reasonable opportunity to

3 comply, with the requirements of section

4 215(b)(2)(B)(iii) of the Social Security Act

5 (as amended by this Act), as provided in

6 paragraph (1).

7 Upon receiving from a recipient described in

8 clauses (i) and (ii) a written statement referred

9 to in clause (iii) of section 215(b)(2)(B) of the

10 Social Security Act (as amended by this Act)

11 with respect to which the requirements of such

12 clause are treated as satisfied, the Commis13 sioner shall redetermine the amount of such

14 benefits to the extent necessary to take into ac15 count the amendments made by this Act (and

16 if such redetermination results in an increase in

17 such amount the increase shall be effective as

18 provided in subsection (a)).

19 (B) NOTICE TO FUTURE APPLICANTS.—

20 Such regulations required under subparagraph

21 (A) shall also provide procedures to ensure that

22 applicants for benefits under section 202(a) or

23 223 of the Social Security Act are given the op24 portunity, at the time of their application, to in25 dicate and verify any additional years which
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1 may be disregarded under section 215(b)(2)(B)

2 of the Social Security Act (as amended by this

3 Act).

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