II 

116TH CONGRESS 

2D SESSION S. 4986 

To prevent an unintended drop in Social Security benefits due to COVID– 

19 and the application of the National Average Wage Index, and improve 

Social Security and Supplemental Security Income benefits on an emergency basis. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2020 

Ms. HIRONO introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To prevent an unintended drop in Social Security benefits 

due to COVID–19 and the application of the National 

Average Wage Index, and improve Social Security and 

Supplemental Security Income benefits on an emergency 

basis. 

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 COVID 

5 Correction and Equity Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Preventing an unintended drop in benefits relating to the application of 

the National Average Wage Index. 

Sec. 4. Across-the-board benefit increase. 

Sec. 5. Increase in minimum benefit for lifetime low earners based on years in 

the workforce. 

Sec. 6. Increase in threshold amounts and rate for inclusion of Social Security 

benefits in income. 

Sec. 7. Extension of child’s benefit for full-time post-secondary school students 

under age 23. 

Sec. 8. Improving Social Security benefits for widows and widowers in two-income households. 

Sec. 9. Increasing access to benefits for children who live with grandparents or 

other relatives. 

Sec. 10. Update in eligibility for the Supplemental Security Income program. 

Sec. 11. Support and maintenance furnished in kind not included as income. 

Sec. 12. Holding SSI, Medicaid, and CHIP beneficiaries harmless. 

Sec. 13. Expedited adjustment of underpayments. 

Sec. 14. Appropriation of funds. 

1 SEC. 3. PREVENTING AN UNINTENDED DROP IN BENEFITS 

2 RELATING TO THE APPLICATION OF THE NA3 TIONAL AVERAGE WAGE INDEX. 

4 (a) MODIFICATIONS RELATED TO COMPUTATION OF

5 PRIMARY INSURANCE AMOUNT.—Section 215 of the So6 cial Security Act (42 U.S.C. 415) is amended— 

7 (1) in subsection (a)(1)(B)(ii)(I)— 

8 (A) in subclause (I)— 

9 (i) by striking ‘‘the national’’ and in10 serting ‘‘(aa) the national’’; and 

11 (ii) by striking ‘‘, by’’ at the end and 

12 inserting ‘‘; or’’; and 

13 (B) by adding at the end of subclause (I) 

14 the following: 

15 ‘‘(bb) if higher (and if such second 

16 calendar year is after 2019), the highest 


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1 national average wage index (as so de2 fined) for any calendar year before such 

3 second calendar year, by’’; and 

4 (2) in subsection (b)(3)(A)(ii)— 

5 (A) in subclause (I)— 

6 (i) by striking ‘‘the national’’ and in7 serting ‘‘(aa) the national’’; and 

8 (ii) by striking ‘‘, by’’ at the end and 

9 inserting ‘‘; or’’; and 

10 (B) by adding at the end of subclause (I) 

11 the following: 

12 ‘‘(bb) if higher (and if such second 

13 calendar year is after 2019), the highest 

14 national average wage index (as so de15 fined) for any calendar year before such 

16 second calendar year, by’’. 

17 (b) MODIFICATION RELATED TO REDUCTION OF

18 BENEFITS BASED ON DISABILITY.—Section 

19 224(f)(2)(B)(i) of such Act (42 U.S.C. 424(f)(2)(B)(i)) is 

20 amended by inserting ‘‘(or if higher (and if such calendar 

21 year is after 2019), the highest national average wage 

22 index (as so defined) for any calendar year before such 

23 calendar year)’’ after ‘‘made’’. 


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1 SEC. 4. ACROSS-THE-BOARD BENEFIT INCREASE. 

2 (a) IN GENERAL.—Section 215(a)(1)(A)(i) of the So3 cial Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended 

4 by striking ‘‘90 percent’’ and inserting ‘‘93 percent’’. 

5 (b) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—The amendment made by 

7 subsection (a) shall apply with respect to monthly 

8 insurance benefits payable for months in calendar 

9 year 2020. 

10 (2) RECOMPUTATION OF PRIMARY INSURANCE

11 AMOUNTS.—Notwithstanding section 215(f) of the 

12 Social Security Act, the Commissioner of Social Se13 curity shall recompute primary insurance amounts 

14 to the extent necessary— 

15 (A) to carry out the amendments made by 

16 this section; and 

17 (B) to account for the nonapplication of 

18 such amendments after calendar year 2020. 

19 (c) RULE OF CONSTRUCTION.—For purposes of ap20 plying subparagraphs (A) and (B) of section 215(i)(1) of 

21 the Social Security Act in any calendar year, nothing in 

22 this Act shall be considered a general benefit increase 

23 under title II of such Act. 


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1 SEC. 5. INCREASE IN MINIMUM BENEFIT FOR LIFETIME 

2 LOW EARNERS BASED ON YEARS IN THE 

3 WORKFORCE. 

4 (a) IN GENERAL.—Section 215(a)(1) of the Social 

5 Security Act (42 U.S.C. 415(a)(1)) is amended— 

6 (1) by redesignating subparagraph (D) as sub7 paragraph (E); and 

8 (2) by inserting after subparagraph (C) the fol9 lowing new subparagraph: 

10 ‘‘(D)(i) Effective with respect to monthly insurance 

11 benefits payable for months in calendar year 2020, no pri12 mary insurance amount computed under subparagraph 

13 (A) may be less than the greater of— 

14 ‘‘(I) the minimum monthly amount computed 

15 under subparagraph (C); or 

16 ‘‘(II) in the case of an individual who has more 

17 than 10 years of work (as defined in clause (iv)(I)), 

18 the alternative minimum amount determined under 

19 clause (ii). 

20 ‘‘(ii)(I) The alternative minimum amount determined 

under this clause is the applicable percentage of 1 21 ⁄12 of 

22 the poverty guideline for 2019. 

23 ‘‘(II) For purposes of subclause (I), the applicable 

24 percentage is the percentage specified in connection with 

25 the number of years of work, as set forth in the following 

26 table: 


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‘‘If the number of years The applicable 

of work is: percentage is: 

11 ...................................................................................... 6.25 percent

12 ...................................................................................... 12.50 percent

13 ...................................................................................... 18.75 percent

14 ...................................................................................... 25.00 percent

15 ...................................................................................... 31.25 percent

16 ...................................................................................... 37.50 percent

17 ...................................................................................... 43.75 percent

18 ...................................................................................... 50.00 percent

19 ...................................................................................... 56.25 percent

20 ...................................................................................... 62.50 percent

21 ...................................................................................... 68.75 percent

22 ...................................................................................... 75.00 percent

23 ...................................................................................... 81.25 percent

24 ...................................................................................... 87.50 percent

25 ...................................................................................... 93.75 percent

26 ...................................................................................... 100.00 percent

27 ...................................................................................... 106.25 percent

28 ...................................................................................... 112.50 percent

29 ...................................................................................... 118.75 percent

30 or more ........................................................................ 125.00 percent. 

1 ‘‘(iii) For purposes of this subparagraph— 

2 ‘‘(I) the term ‘year of work’ means, with re3 spect to an individual, a year to which 4 quarters of 

4 coverage have been credited based on such individ5 ual’s wages and self-employment income; and 

6 ‘‘(II) the ‘term poverty guideline for 2019’ 

7 means the annual poverty guideline for 2019 (as up8 dated annually in the Federal Register by the De9 partment of Health and Human Services under the 

10 authority of section 673(2) of the Omnibus Budget 

11 Reconciliation Act of 1981) as applicable to a single 

12 individual.’’. 

13 (b) RECOMPUTATION OF PRIMARY INSURANCE

14 AMOUNTS.—Notwithstanding section 215(f) of the Social 

15 Security Act, the Commissioner of Social Security shall 


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1 recompute primary insurance amounts to the extent nec2 essary— 

3 (1) to carry out the amendments made by this 

4 section; and 

5 (2) to account for the nonapplication of such 

6 amendments after calendar year 2020. 

7 (c) CONFORMING AMENDMENT.—Section 209(k)(1) 

8 of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 

9 ‘‘215(a)(1)(E),’’ after ‘‘215(a)(1)(D),’’. 

10 SEC. 6. INCREASE IN THRESHOLD AMOUNTS AND RATE 

11 FOR INCLUSION OF SOCIAL SECURITY BENE12 FITS IN INCOME. 

13 (a) IN GENERAL.—Subsection (a) of section 86 of the 

14 Internal Revenue Code of 1986 is amended to read as fol15 lows: 

16 ‘‘(a) IN GENERAL.—Gross income for the taxable 

17 year of any taxpayer described in subsection (b) (notwith18 standing section 207 of the Social Security Act) includes 

19 Social Security benefits in an amount equal to the lesser 

20 of— 

21 ‘‘(1) 85 percent of the Social Security benefits 

22 received during the taxable year, or 

23 ‘‘(2) one-half of the excess described in sub24 section (b)(1).’’. 


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1 (b) BASE AMOUNT.—Subsection (c) of section 86 of 

2 such Code is amended to read as follows: 

3 ‘‘(c) BASE AMOUNT.—For purposes of this section, 

4 the term ‘base amount’ means— 

5 ‘‘(1) except as otherwise provided in this para6 graph, $35,000, 

7 ‘‘(2) $50,000 in the case of a joint return, and 

8 ‘‘(3) zero in the case of a taxpayer who— 

9 ‘‘(A) is married as of the close of the tax10 able year (within the meaning of section 7703) 

11 but does not file a joint return for such year, 

12 and 

13 ‘‘(B) does not live apart from his spouse at 

14 all times during the taxable year.’’. 

15 (c) TRANSFERS TO TRUST FUNDS.— 

16 (1) HOSPITAL INSURANCE TRUST FUND HELD

17 HARMLESS.—Of the total revenue from taxation of 

18 social security benefits, there are appropriated to the 

19 Federal Hospital Insurance Trust Fund such 

20 amounts as would be transferred to such fund under 

21 section 121(e) of the Social Security Amendments of 

22 1983 (42 U.S.C. 401 note) and section 86 of such 

23 Code as such sections were in effect on the day be24 fore the date of the enactment of this Act, at such 


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1 times and in such manner as would be provided 

2 therein. 

3 (2) TRANSFERS TO PAYOR FUNDS.—Of the bal4 ance of the total revenue from taxation of social se5 curity benefits remaining after appropriations under 

6 paragraph (1) have been made, there are appro7 priated to each payor fund amounts equivalent to 

8 the portion of such balance equal to a fraction— 

9 (A) the numerator of which is the amount 

10 equivalent to the net revenues received in the 

11 Treasury attributable to the application of sec12 tions 86 and 871(a)(3) of such Code to pay13 ments from such payor fund made in taxable 

14 years beginning during calendar year 2019; and 

15 (B) the denominator of which is the total 

16 revenue from taxation of social security bene17 fits. 

18 (3) TRANSFERS.—The amounts appropriated 

19 by paragraph (2) to any payor fund shall be trans20 ferred from time to time (but not less frequently 

21 than quarterly) from the general fund of the Treas22 ury on the basis of estimates made by the Secretary 

23 of the Treasury of the amounts referred to in such 

24 paragraph. Any such quarterly payment shall be 

25 made on the first day of such quarter and shall take 


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1 into account social security benefits estimated to be 

2 received during such quarter. Proper adjustments 

3 shall be made in the amounts subsequently trans4 ferred to the extent prior estimates were in excess 

5 of or less than the amounts required to be trans6 ferred. 

7 (4) DEFINITIONS.—For purposes of this sub8 section— 

9 (A) TOTAL REVENUE FROM TAXATION OF

10 SOCIAL SECURITY BENEFITS.—The term ‘‘total 

11 revenue from taxation of social security bene12 fit’’s means the amount equivalent to the net 

13 revenues received in the Treasury attributable 

14 to the application of sections 86 and 871(a)(3) 

15 of the Internal Revenue Code of 1986 to pay16 ments from any payor fund made in taxable 

17 years beginning during calendar year 2019. 

18 (B) PAYOR FUND.—The term ‘‘payor 

19 fund’’ means any trust fund or account from 

20 which payments of social security benefits are 

21 made. 

22 (C) SOCIAL SECURITY BENEFITS.—The 

23 term ‘‘social security benefits’’ has the meaning 

24 given such term by section 86(d)(1) of the In25 ternal Revenue Code of 1986. 


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1 (5) CONFORMING RULE.—Section 121(e) of the 

2 Social Security Amendments of 1983 (42 U.S.C. 

3 401 note) shall not apply with respect to net reve4 nues received in the Treasury attributable to the ap5 plication of sections 86 and 871(a)(3) of the Inter6 nal Revenue Code of 1986 to payments from any 

7 payor fund made in taxable years beginning during 

8 calendar year 2019. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable years beginning in cal11 endar year 2019. 

12 SEC. 7. EXTENSION OF CHILD’S BENEFIT FOR FULL-TIME 

13 POST-SECONDARY SCHOOL STUDENTS 

14 UNDER AGE 23. 

15 (a) IN GENERAL.—Section 202(d)(1)(B) of the So16 cial Security Act (42 U.S.C. 402(d)(1)(B)) is amended to 

17 read as follows: 

18 ‘‘(B) at the time such application was filed 

19 was unmarried and— 

20 ‘‘(i) had not attained the age of 18, 

21 ‘‘(ii) was a full-time elementary or 

22 secondary school student and had not at23 tained the age of 22, 


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1 ‘‘(iii) was a full-time post-secondary 

2 school student and had not attained the 

3 age of 23, or 

4 ‘‘(iv) is under a disability (as defined 

5 in section 223(d)) which began before he 

6 attained the age of 22, and’’. 

7 (b) DEFINITION OF FULL-TIME POST-SECONDARY

8 SCHOOL STUDENT.— 

9 (1) IN GENERAL.—Section 202(d)(7) of such 

10 Act (42 U.S.C. 402(d)(7)) is amended— 

11 (A) in subparagraph (A)— 

12 (i) by inserting ‘‘and a ‘full-time post13 secondary school student’ is an individual 

14 who is in full-time attendance as a student 

15 at a post-secondary educational institu16 tion’’ before ‘‘, as determined by the Com17 missioner’’; 

18 (ii) by inserting ‘‘or a ‘full-time post19 secondary school student’ ’’ before ‘‘if he is 

20 paid by his employer’’; 

21 (iii) by inserting ‘‘or a post-secondary 

22 educational institution, as applicable,’’ be23 fore ‘‘at the request’’; 


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1 (iv) by inserting ‘‘or a ‘full-time post2 secondary school student’ ’’ before ‘‘for the 

3 purpose of this section’’; and 

4 (v) by inserting ‘‘or a full-time post5 secondary school student’’ before ‘‘shall be 

6 deemed’’; and 

7 (B) in subparagraph (B)— 

8 (i) by inserting ‘‘or a full-time post9 secondary school student’’ after ‘‘student’’; 

10 (ii) by inserting ‘‘or a post-secondary 

11 educational institution, as applicable’’ be12 fore ‘‘at which he has been’’; and 

13 (iii) by striking ‘‘an elementary or sec14 ondary school’’ in each of the second and 

15 third places in which such term appears 

16 and inserting ‘‘such a school’’. 

17 (2) TRANSITION FROM ELEMENTARY OR SEC18 ONDARY SCHOOL.—Section 202(d)(7)(B) of such Act 

19 (42 U.S.C. 402(d)(7)(B)) is amended by adding at 

20 the end the following sentence: ‘‘An individual who 

21 has been in full-time attendance at an elementary or 

22 secondary school shall, during a succeeding period of 

23 nonattendance at such school, be deemed to be a 

24 full-time secondary-school student if (i) such period 

25 is 4 calendar months or less, and (ii) the individual 


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1 shows to the satisfaction of the Commissioner that 

2 he intends to be in full-time attendance at a post3 secondary educational institution immediately fol4 lowing such period.’’ 

5 (c) DEFINITION OF POST-SECONDARY EDUCATIONAL

6 INSTITUTION.—Section 202(d)(7)(C) of such Act (42 

7 U.S.C. 402(d)(7)(C)) is amended by adding at the end the 

8 following: 

9 ‘‘(iii) A ‘post-secondary educational 

10 institution’ is an institution described in 

11 section 102 of the Higher Education Act 

12 of 1965 (20 U.S.C. 1002).’’. 

13 (d) CONFORMING AMENDMENTS.— 

14 (1) Section 202(d)(1)(E) of such Act (42 

15 U.S.C. 402(d)(1)(E)) is amended by inserting ‘‘or a 

16 full-time post-secondary school student’’ after ‘‘stu17 dent’’. 

18 (2) Section 202(d)(1)(F) of such Act (42 

19 U.S.C. 402(d)(1)(F)) is amended by striking ‘‘the 

20 earlier of—’’ and all that follows through ‘‘the age 

21 of 19,’’ and inserting the following: ‘‘the earlier of— 

22 ‘‘(i) the first month during no part of 

23 which the child is a full-time elementary or 

24 secondary school student or a full-time 

25 post-secondary school student, 


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1 ‘‘(ii) the month in which the child at2 tains the age of 22, but only if the child 

3 is not a full-time post-secondary school 

4 student during any part of such month, or 

5 ‘‘(iii) the month in which the child at6 tains the age of 23,’’. 

7 (3) Section 202(d)(1)(G) of such Act (42 

8 U.S.C. 402(d)(1)(G)) is amended by striking ‘‘(if 

9 later)’’ and all that follows through ‘‘the age of 19,’’ 

10 and inserting the following: ‘‘(if later) the earlier 

11 of— 

12 ‘‘(i) the first month during no part of 

13 which the child is a full-time elementary or 

14 secondary school student or a full-time 

15 post-secondary school student, 

16 ‘‘(ii) the month in which the child at17 tains the age of 22, but only if the child 

18 is not a full-time post-secondary school 

19 student during any part of such month, or 

20 ‘‘(iii) the month in which the child at21 tains the age of 23,’’. 

22 (4) Section 202(d)(6)(A) of such Act (42 

23 U.S.C. 402(d)(6)(A)) is amended to read as follows: 


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1 ‘‘(A)(i) is a full-time elementary or sec2 ondary school student and has not attained the 

3 age of 22, 

4 ‘‘(ii) is a full-time post-secondary school 

5 student and has not attained the age of 23, or 

6 ‘‘(iii) is under a disability (as defined in 

7 section 223(d)) and has not attained the age of 

8 22, or’’. 

9 (5) Section 202(d)(6)(D) of such Act (42 

10 U.S.C. 402(d)(6)(D)) is amended to read as follows: 

11 ‘‘(D) the earlier of— 

12 ‘‘(i) the first month during no part of 

13 which the child is a full-time elementary or 

14 secondary school student or a full-time 

15 post-secondary school student, 

16 ‘‘(ii) the month in which the child at17 tains the age of 22, but only if the child 

18 is not a full-time post-secondary school 

19 student during any part of such month, or 

20 ‘‘(iii) the month in which the child at21 tains the age of 23, 

22 but only if he is not under a disability (as so 

23 defined) in such earlier month; or’’. 

24 (6) Section 202(d)(6)(E) of such Act (42 

25 U.S.C. 402(d)(6)(E)) is amended by striking ‘‘(if 


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1 later)’’ and all that follows to the end and inserting 

2 the following: ‘‘(if later) the earlier of— 

3 ‘‘(i) the first month during no part of 

4 which the child is a full-time elementary or 

5 secondary school student or a full-time 

6 post-secondary school student, 

7 ‘‘(ii) the month in which the child at8 tains the age of 22, but only if the child 

9 is not a full-time post-secondary school 

10 student during any part of such month, or 

11 ‘‘(iii) the month in which the child at12 tains the age of 23.’’. 

13 (7) Section 202(d)(7)(D) of such Act (42 

14 U.S.C. 402(d)(7)(D)) is amended— 

15 (A) by striking ‘‘A child who’’ and insert16 ing ‘‘(i) A child who’’; 

17 (B) by striking ‘‘age 19’’ and inserting 

18 ‘‘age 22’’; 

19 (C) by striking ‘‘clause (i) of paragraph 

20 (1)(B)’’ and inserting ‘‘clause (ii) of paragraph 

21 (1)(B)’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(ii) A child who attains age 23 at a time 

24 when he is a full-time post-secondary school 

25 student (as defined in subparagraph (A) of this 


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1 paragraph and without application of subpara2 graph (B) of such paragraph) but has not (at 

3 such time) completed the requirements for, or 

4 received, a diploma or equivalent certificate 

5 from a post-secondary educational institution 

6 (as defined in subparagraph (C)(iii)) shall be 

7 deemed (for purposes of determining whether 

8 his entitlement to benefits under this subsection 

9 has terminated under paragraph (1)(F) and for 

10 purposes of determining his initial entitlement 

11 to such benefits under clause (iii) of paragraph 

12 (1)(B)) not to have attained such age until the 

13 first day of the first month following the end of 

14 the quarter or semester in which he is enrolled 

15 at such time (or, if the post-secondary edu16 cational institution (as so defined) in which he 

17 is enrolled is not operated on a quarter or se18 mester system, until the first day of the first 

19 month following the completion of the course in 

20 which he is so enrolled or until the first day of 

21 the third month beginning after such time, 

22 whichever first occurs).’’. 

23 (e) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to applications for 

25 child’s insurance benefits filed in calendar year 2020 and 


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1 with respect to individuals entitled to such benefits during 

2 any month of such calendar year, except that such amend3 ments shall not apply for purposes of determining con4 tinuing eligibility for child’s insurance benefits for any 

5 month after such calendar year. 

6 SEC. 8. IMPROVING SOCIAL SECURITY BENEFITS FOR WID7 OWS AND WIDOWERS IN TWO-INCOME HOUSE8 HOLDS. 

9 (a) IN GENERAL.— 

10 (1) WIDOWS.—Section 202(e) of the Social Se11 curity Act (42 U.S.C. 402(e)) is amended— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (B), by inserting 

14 ‘‘and’’ at the end; 

15 (ii) in subparagraph (C)(iii), by strik16 ing ‘‘and’’ at the end; 

17 (iii) by striking subparagraph (D); 

18 (iv) by redesignating subparagraphs 

19 (E) and (F) as subparagraphs (D) and 

20 (E), respectively; and 

21 (v) in the flush matter following sub22 paragraph (E)(ii), as so redesignated, by 

23 striking ‘‘becomes entitled to an old-age in24 surance benefit’’ and all that follows 

25 through ‘‘such deceased individual,’’; 


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1 (B) by striking subparagraph (A) in para2 graph (2) and inserting the following: 

3 ‘‘(2)(A) Except as provided in subsection 

4 (k)(5), subsection (q), and subparagraph (D) of this 

5 paragraph, such widow’s insurance benefit for each 

6 month shall be equal to the greater of— 

7 ‘‘(i) the primary insurance amount (as 

8 determined for purposes of this subsection 

9 after application of subparagraphs (B) and 

10 (C)) of such deceased individual, or 

11 ‘‘(ii) subject to paragraph (9), in the 

12 case of a fully insured widow or surviving 

13 divorced wife, 75 percent of the sum of any 

14 old-age or disability insurance benefit for 

15 which the widow or the surviving divorced 

16 wife is entitled for such month and the pri17 mary insurance amount (as determined for 

18 purposes of this subsection after applica19 tion of subparagraphs (B) and (C)) of such 

20 deceased individual.’’; 

21 (C) in paragraph (5)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘paragraph (1)(F)’’ and inserting ‘‘para24 graph (1)(E)’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘paragraph (1)(F)(i)’’ and inserting 

3 ‘‘paragraph (1)(E)(i)’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 

6 amount determined under such paragraph shall not 

7 exceed the primary insurance amount for such 

8 month of a hypothetical individual— 

9 ‘‘(A) who became entitled to old-age insur10 ance benefits upon attaining early retirement 

11 age during the month in which the deceased in12 dividual referred to in paragraph (1) became 

13 entitled to old-age or disability insurance bene14 fits, or died (before becoming entitled to such 

15 benefits), and 

16 ‘‘(B) to whom wages and self-employment 

17 income were credited in each of such hypo18 thetical individual’s elapsed years (within the 

19 meaning of section 215(b)(2)(B)(iii)) in an 

20 amount equal to the national average wage 

21 index (as described in section 209(k)(1)) for 

22 each such year.’’. 

23 (2) WIDOWERS.—Section 202(f) of the Social 

24 Security Act (42 U.S.C. 402(f)) is amended— 

25 (A) in paragraph (1)— 


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1 (i) in subparagraph (B), by inserting 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C)(iii), by strik4 ing ‘‘and’’ at the end; 

5 (iii) by striking subparagraph (D); 

6 (iv) by redesignating subparagraphs 

7 (E) and (F) as subparagraphs (D) and 

8 (E), respectively; and 

9 (v) in the flush matter following sub10 paragraph (E)(ii), as so redesignated, by 

11 striking ‘‘or becomes entitled to an old-age 

12 insurance benefit’’ and all that follows 

13 through ‘‘such deceased individual,’’; 

14 (B) by striking subparagraph (A) in para15 graph (2) and inserting the following: 

16 ‘‘(2)(A) Except as provided in subsection 

17 (k)(5), subsection (q), and subparagraph (D) of this 

18 paragraph, such widower’s insurance benefit for 

19 each month shall be equal to the greater of— 

20 ‘‘(i) the primary insurance amount (as 

21 determined for purposes of this subsection 

22 after application of subparagraphs (B) and 

23 (C)) of such deceased individual, or 

24 ‘‘(ii) subject to paragraph (9), in the 

25 case of a fully insured widower or surviving 


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1 divorced husband, 75 percent of the sum of 

2 any old-age or disability insurance benefit 

3 for which the widower or the surviving di4 vorced husband is entitled for such month 

5 and the primary insurance amount (as de6 termined for purposes of this subsection 

7 after application of subparagraphs (B) and 

8 (C)) of such deceased individual.’’; 

9 (C) in paragraph (5)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘paragraph (1)(F)’’ and inserting ‘‘para12 graph (1)(E)’’; and 

13 (ii) in subparagraph (B), by striking 

14 ‘‘paragraph (1)(F)(i)’’ and inserting 

15 ‘‘paragraph (1)(E)(i)’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 

18 amount determined under such paragraph shall not 

19 exceed the primary insurance amount for such 

20 month of a hypothetical individual— 

21 ‘‘(A) who became entitled to old-age insur22 ance benefits upon attaining early retirement 

23 age during the month in which the deceased in24 dividual referred to in paragraph (1) became 

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1 fits, or died (before becoming entitled to such 

2 benefits), and 

3 ‘‘(B) to whom wages and self-employment 

4 income were credited in each of such hypo5 thetical individual’s elapsed years (within the 

6 meaning of section 215(b)(2)(B)(iii)) in an 

7 amount equal to the national average wage 

8 index (as described in section 209(k)(1)) for 

9 each such year.’’. 

10 (b) CONFORMING AMENDMENT.—Section 209(k)(1) 

11 of the Social Security Act (42 U.S.C. 409(k)(1)), as 

12 amended by section 103(c), is further amended by insert13 ing ‘‘202(e)(9), 202(f)(9),’’ after ‘‘sections’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply only with respect to widow’s and 

16 widower’s insurance benefits payable for months in cal17 endar year 2020. 

18 SEC. 9. INCREASING ACCESS TO BENEFITS FOR CHILDREN 

19 WHO LIVE WITH GRANDPARENTS OR OTHER 

20 RELATIVES. 

21 (a) IN GENERAL.—Title II of the Social Security Act 

22 (42 U.S.C. 401 et seq.) is amended— 

23 (1) in section 202(d)— 


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1 (A) in paragraph (1)(C), by inserting ‘‘ex2 cept as provided in paragraph (9),’’ before ‘‘was 

3 dependent’’; and 

4 (B) by amending paragraph (9) to read as 

5 follows: 

6 ‘‘(9)(A) In the case of a child who is the child of an 

7 individual under clause (3) of the first sentence of section 

8 216(e) and is not a child of such individual under clause 

9 (1) or (2) of such first sentence, the criteria specified in 

10 subparagraph (B) shall apply instead of the criteria speci11 fied in subparagraph (C) of paragraph (1). 

12 ‘‘(B) The criteria of this subparagraph are that— 

13 ‘‘(i) the child has been living with such indi14 vidual in the United States for a period of not less 

15 than 12 months; 

16 ‘‘(ii) the child has been receiving not less than 

1 17 ⁄2 of the child’s support from such individual for a 

18 period of not less than 12 months; and 

19 ‘‘(iii) the period during which the child was liv20 ing with such individual began before the child at21 tained age 18. 

22 ‘‘(C) In the case of a child who is less than 12 months 

23 old, such child shall be deemed to meet the requirements 

24 of subparagraph (B) if, on the date the child attains 1 

25 year of age, such child has lived with such individual in 


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the United States and received at least 1 1 ⁄2 of the child’s 

2 support from such individual for substantially all of the 

3 period which began on the date of such child’s birth.’’; 

4 and 

5 (2) in section 216(e), in the first sentence— 

6 (A) by striking ‘‘grandchild or stepgrand7 child of an individual or his spouse’’ and insert8 ing ‘‘grandchild, stepgrandchild, or other first9 degree, second-degree, third-degree, fourth-de10 gree, or fifth-degree relative of an individual or 

11 the individual’s spouse’’; 

12 (B) by striking ‘‘was no natural or adop13 tive parent’’ and inserting ‘‘is no living natural 

14 or adoptive parent’’; 

15 (C) by striking ‘‘was under a disability’’ 

16 and inserting ‘‘is under a disability’’; 

17 (D) by striking ‘‘living at the time’’ and all 

18 that follows through ‘‘, or (B)’’ and inserting ‘‘, 

19 (B)’’; and 

20 (E) by inserting ‘‘, or (C) a court of com21 petent jurisdiction has issued an order granting 

22 custody of such person to the individual or the 

23 individual’s spouse’’ before the first period. 


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1 (b) CONFORMING AMENDMENTS.—Section 202(d)(1) 

2 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend3 ed— 

4 (1) by striking ‘‘subparagraphs (A), (B), and 

5 (C)’’ and inserting ‘‘subparagraphs (A) and (B) and 

6 subparagraph (C) or paragraph (9) (as applicable)’’; 

7 and 

8 (2) by striking ‘‘subparagraphs (B) and (C)’’ 

9 and inserting ‘‘subparagraph (B) and subparagraph 

10 (C) or paragraph (9) (as applicable)’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply with respect to applications for 

13 child’s insurance benefits filed in calendar year 2020, ex14 cept that such amendments shall not apply for purposes 

15 of determining continuing eligibility for child’s insurance 

16 benefits for any month after such calendar year. 

17 SEC. 10. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL 

18 SECURITY INCOME PROGRAM. 

19 (a) UPDATE IN GENERAL INCOME EXCLUSION.— 

20 Section 1612(b)(2)(A) of the Social Security Act (42 

21 U.S.C. 1382a(b)(2)(A)) shall be applied for calendar year 

22 2020 by substituting ‘‘$1,476’’ for ‘‘$240’’. 

23 (b) UPDATE IN EARNED INCOME EXCLUSION.—Sec24 tion 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) shall 


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1 be applied for calendar year 2020 by substituting ‘‘4,788’’ 

2 for ‘‘$780’’ each place it appears. 

3 (c) UPDATE IN RESOURCE LIMIT FOR INDIVIDUALS

4 AND COUPLES.—Section 1611(a)(3) of such Act (42 

5 U.S.C. 1382(a)(3)) is amended— 

6 (1) in subparagraph (A), by adding at the end 

7 the following: ‘‘Notwithstanding the preceding sen8 tence, such dollar amount shall be deemed to be 

9 $20,000 for calendar year 2020 only.’’; and 

10 (2) in subparagraph (B), by adding at the end 

11 the following: ‘‘Notwithstanding the preceding sen12 tence, such dollar amount shall be deemed to be 

13 $10,000 for calendar year 2020 only.’’. 

14 SEC. 11. SUPPORT AND MAINTENANCE FURNISHED IN KIND 

15 NOT INCLUDED AS INCOME. 

16 (a) IN GENERAL.—Section 1612(a)(2) of such Act 

17 (42 U.S.C. 1382a(a)(2)) is amended— 

18 (1) by inserting ‘‘(other than support or main19 tenance furnished in kind)’’ after ‘‘all other income’’; 

20 and 

21 (2) in subparagraph (A)— 

22 (A) by striking ‘‘or kind’’; 

23 (B) by striking clause (i) and redesig24 nating clauses (ii) and (iii) as clauses (i) and 

25 (ii), respectively; and 


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1 (C) in clause (ii) (as so redesignated), by 

2 striking ‘‘and the provisions of clause (i) shall 

3 not be applicable’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Section 1611(c) of such Act (42 U.S.C. 

6 1382(c)) is amended by striking paragraph (6) and 

7 redesignating paragraphs (7) through (10) as para8 graphs (6) through (9), respectively. 

9 (2) Section 1612(a)(2) of such Act (42 U.S.C. 

10 1382a(a)(2)) is amended— 

11 (A) in subparagraph (F), by inserting 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (G), by striking ‘‘; 

14 and’’ and inserting a period; 

15 (C) by moving subparagraph (G) 2 ems to 

16 the right; and 

17 (D) by striking subparagraph (H). 

18 (3) Section 1621(c) of such Act (42 U.S.C. 

19 1382j(c)) is amended to read as follows: 

20 ‘‘(c) In determining the amount of income of an alien 

21 during the period of 5 years after such alien’s entry into 

22 the United States, support or maintenance furnished in 

23 cash to the alien by such alien’s sponsor (to the extent 

24 that it reflects income or resources which were taken into 

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1 sources to be deemed to the alien under subsection (a) 

2 or (b) of this section) shall not be considered to be income 

3 of such alien under section 1612(a)(2)(A).’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply for purposes of determining eligi6 bility to supplemental security income benefits for months 

7 during calendar year 2020. 

8 SEC. 12. HOLDING SSI, MEDICAID, AND CHIP BENE9 FICIARIES HARMLESS. 

10 For purposes of determining the income of an indi11 vidual to establish eligibility for, and the amount of, bene12 fits payable under title XVI of the Social Security Act, 

13 eligibility for medical assistance under the State plan 

14 under title XIX (or a waiver of such plan), or eligibility 

15 for child health assistance under the State child health 

16 plan under title XXI (or a waiver of the plan), the amount 

17 of any benefit to which the individual is entitled under 

18 title II of such Act shall be deemed not to exceed the 

19 amount of the benefit that would be determined for such 

20 individual under such title as in effect on the day before 

21 the date of the enactment of this Act. 

22 SEC. 13. EXPEDITED ADJUSTMENT OF UNDERPAYMENTS. 

23 In any case in which, as a result of a provision of 

24 this Act or an amendment made by this Act, the Commis25 sioner determines that an underpayment of benefits has 


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1 occurred, the Commissioner shall pay the balance of the 

2 amount due as soon as practicable after the date of enact3 ment of this Act. 

4 SEC. 14. APPROPRIATION OF FUNDS. 

5 There are appropriated from the general fund of the 

6 Treasury to the Federal Old-Age and Survivors Insurance 

7 Trust Fund and the Federal Disability Insurance Trust 

8 Fund such sums as necessary to pay for the increases in 

9 benefits paid from such Trust Funds attributable to sec10 tions 3 through 9 of this Act and the amendments made 

11 by such sections. 

Æ 


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