I 

114TH CONGRESS 

1ST SESSION H. R. 3377 

To amend title II of the Social Security Act to credit prospectively individuals 

serving as caregivers of dependent relatives with deemed wages for up 

to five years of such service. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mrs. LOWEY (for herself, Mr. CARTWRIGHT, Mr. SCHIFF, Ms. NORTON, Mr. 

GRIJALVA, Ms. KAPTUR, Ms. BROWN of Florida, Ms. EDWARDS, Mr. 

MCDERMOTT, Ms. SCHAKOWSKY, Ms. MCCOLLUM, Ms. MATSUI, Ms. 

DELAURO, Mr. POCAN, Ms. MICHELLE LUJAN GRISHAM of New Mexico, 

Mrs. KIRKPATRICK, Mr. GALLEGO, Ms. FRANKEL of Florida, Mr. NADLER, Ms. KUSTER, Ms. JACKSON LEE, Mrs. DINGELL, Ms. PLASKETT, 

Mr. VAN HOLLEN, Ms. LEE, Mr. CONYERS, Ms. CLARKE of New York, 

Ms. MOORE, Ms. BROWNLEY of California, Ms. SLAUGHTER, Ms. 

SINEMA, Mr. FATTAH, Ms. MENG, Mrs. WATSON COLEMAN, Ms. SPEIER, 

Mr. DELANEY, Mr. QUIGLEY, Mr. HONDA, Mr. RYAN of Ohio, Mr. 

ENGEL, Ms. TITUS, Ms. CLARK of Massachusetts, Mr. MCGOVERN, and 

Mr. TAKANO) 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 credit prospectively individuals serving as caregivers of dependent 

relatives with deemed wages for up to five years of 

such service. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Social Security Care3 giver Credit Act of 2015’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that: 

6 (1) Caregiving is an essential element of family 

7 life and a vital service for children, the ill, the dis8 abled, and the elderly. 

9 (2) The establishment of a caregiver credit 

10 would bolster the economic prospects of unpaid care11 givers and would provide them with vital retirement 

12 security. 

13 (3) The 2015 Annual Report of the Board of 

14 Trustees of the Federal Old-Age and Survivors In15 surance and Federal Disability Insurance Trust 

16 Funds concluded that the combined Trust Funds 

17 will be able to pay scheduled benefits in full until 

18 2034. 

19 (4) While there is no immediate crisis, policy 

20 options should be considered to extend OASDI sol21 vency, including by eradicating the gender wage gap, 

22 increasing overall employment, or increasing the 

23 minimum wage. 


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1 SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT 

2 RELATIVES. 

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

4 is amended by adding after section 234 (42 U.S.C. 434) 

5 the following new section: 

6 ‘‘DEEMED WAGES FOR CAREGIVERS OF DEPENDENT

7 RELATIVES

8 ‘‘SEC. 235. (a) DEFINITIONS.—For purposes of this 

9 section— 

10 ‘‘(1) The term ‘qualifying month’ means, in 

11 connection with an individual, a month during which 

12 such individual was engaged for not less than 80 

13 hours in providing care to a dependent relative with14 out monetary compensation. Such term does not in15 clude any month ending after the date on which 

16 such individual attains retirement age (as defined in 

17 section 216(l)). 

18 ‘‘(2) The term ‘dependent relative’ means, in 

19 connection with an individual— 

20 ‘‘(A) a child, grandchild, niece, or nephew 

21 (of such individual or such individual’s spouse 

22 or domestic partner), or a child to which the in23 dividual or the individual’s spouse or domestic 

24 partner is standing in loco parentis, who is 

25 under the age of 12, or 


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1 ‘‘(B) a child, grandchild, niece, or nephew 

2 (of such individual or such individual’s spouse 

3 or domestic partner), a child to which the indi4 vidual or the individual’s spouse or domestic 

5 partner is standing in loco parentis, a parent, 

6 aunt, or uncle (of such individual or his or her 

7 spouse or domestic partner), or such individ8 ual’s spouse or domestic partner, if such child, 

9 grandchild, niece, nephew, parent, aunt, uncle, 

10 spouse, or domestic partner is a chronically de11 pendent individual. 

12 ‘‘(3)(A) The term ‘chronically dependent indi13 vidual’ means an individual who— 

14 ‘‘(i) is dependent on a daily basis on verbal 

15 reminding, physical cueing, supervision, or 

16 other assistance provided to the individual by 

17 another person in the performance of at least 

18 two of the activities of daily living (described in 

19 subparagraph (B)), and 

20 ‘‘(ii) without the assistance described in 

21 clause (i), could not perform such activities of 

22 daily living. 

23 ‘‘(B) The ‘activities of daily living’ referred to 

24 in subparagraph (A) are the following: 

25 ‘‘(i) Eating. 


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1 ‘‘(ii) Bathing. 

2 ‘‘(iii) Dressing. 

3 ‘‘(iv) Toileting. 

4 ‘‘(v) Transferring in and out of a bed or 

5 in and out of a chair. 

6 ‘‘(b) DEEMED WAGES OF CAREGIVER.—(1)(A) For 

7 purposes of determining entitlement to and the amount 

8 of any monthly benefit for any month after December 

9 2015, or entitlement to and the amount of any lump-sum 

10 death payment in the case of a death after such month, 

11 payable under this title on the basis of the wages and self12 employment income of any individual, and for purposes 

13 of section 216(i)(3), such individual shall be deemed to 

14 have been paid during each qualifying month (in addition 

15 to wages or self-employment income actually paid to or 

16 derived by such individual during such month) at an 

17 amount per month equal to— 

18 ‘‘(i) in the case of a qualifying month during 

19 which no wages or self-employment income were ac20 tually paid to or derived by such individual, 50 per21 cent of the national average wage index (as defined 

22 in section 209(k)(1)) for the second calendar year 

23 preceding the calendar year in which such month oc24 curs; and 


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1 ‘‘(ii) in the case of any other qualifying month, 

2 the excess of the amount determined under clause (i) 

over 1 3 ⁄2 of the wages or self-employment income ac4 tually paid to or derived by such individual during 

5 such month. 

6 ‘‘(B) In any case in which there are more than 60 

7 qualifying months for an individual, only the last 60 of 

8 such months shall be taken into account for purposes of 

9 this section. 

10 ‘‘(2) Paragraph (1) shall not be applicable in the case 

11 of any monthly benefit or lump-sum death payment if a 

12 larger such benefit or payment, as the case may be, would 

13 be payable without its application. 

14 ‘‘(c) IDENTIFICATION REQUIREMENTS.—A qualifying 

15 month shall not be taken into account under this section 

16 with respect to an individual unless such individual pro17 vides the Commissioner of Social Security with the name 

18 and identifying information of the dependent relative with 

19 respect to whom the individual was engaged in providing 

20 care during such month, and other information as the 

21 Commissioner may require to verify the status of the de22 pendent relative, on whatever application may be required 

23 to obtain benefits under this section.’’. 

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

25 of such Act (42 U.S.C. 409(k)(1)) is amended— 


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1 (1) by striking ‘‘and’’ before ‘‘230(b)(2)’’; and 

2 (2) by inserting ‘‘and 235(b)(1)(A)(i),’’ after 

3 ‘‘1977),’’. 

Æ 


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