I 

111TH CONGRESS 

1ST SESSION H. R. 3672 

To provide for an increase of $150 in social security benefits for one month 

in 2010 to compensate for the lack of a cost-of-living adjustment for 

that year, and to amend title II of the Social Security Act to eliminate 

the requirement that there be a social security cost-of-living adjustment 

for an adjustment in the contribution and benefit base to occur. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2009 

Mrs. MCCARTHY of New York (for herself, Mr. COSTELLO, Mr. ANDREWS, 

Mr. KENNEDY, Ms. KAPTUR, and Ms. FUDGE) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To provide for an increase of $150 in social security benefits 

for one month in 2010 to compensate for the lack of 

a cost-of-living adjustment for that year, and to amend 

title II of the Social Security Act to eliminate the requirement that there be a social security cost-of-living 

adjustment for an adjustment in the contribution and 

benefit base to occur. 

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 COLA 

3 Fix for 2010 Act’’. 

4 SEC. 2. FINDINGS AND STATEMENT OF POLICY. 

5 (a) FINDINGS.—The Congress finds that— 

6 (1) no cost-of-living increase in social security 

7 benefits is anticipated under current law for 2010; 

8 and 

9 (2) the rising costs being endured by our Na10 tion’s seniors and disabled individuals makes the 

11 lack of such a cost-of-living increase particularly 

12 burdensome for them and their families. 

13 (b) STATEMENT OF POLICY.—It is the policy of this 

14 Act to provide some compensation to our Nation’s seniors 

15 and disabled individuals and their families for the lack of 

16 a cost-of-living increase in social security benefits for 2010 

17 by providing for them a benefit increase of $150 for one 

18 month in 2010. 

19 SEC. 3. SOCIAL SECURITY BENEFIT INCREASE FOR ONE 

20 MONTH PAYABLE IN 2010. 

21 (a) IN GENERAL.—Except as provided in this section, 

22 each individual who is entitled to a monthly insurance ben23 efit under section 202 or 223 of the Social Security Act 

24 (42 U.S.C. 402, 423) for the month in which this Act is 

25 enacted and is also entitled to such benefit for the applica26 ble increase month (as defined in subsection (b)) shall be 


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1 entitled to an increase in such benefit for the applicable 

2 increase month in the amount of $150. 

3 (b) APPLICABLE INCREASE MONTH.—For purposes 

4 of this section, the term ‘‘applicable increase month’’ 

5 means the first month beginning after 180 days after the 

6 date of the enactment of this Act 

7 (c) RESTRICTION OF INCREASE TO ONE MONTH.— 

8 Nothing in this section shall affect the amount of a benefit 

9 under section 202 or 223 of the Social Security Act for 

10 any month other than the applicable increase month. 

11 (d) NOTICE.—Not later than the date of the benefit 

12 payment to each individual which reflects the benefit in13 crease under this section, the Secretary of the Treasury 

14 shall issue to such individual a written notice which in15 cludes the following statement: ‘‘Your benefit payment for 

16 llllll reflects a one-time increase in monthly in17 surance benefits for that month of $150 which is in lieu 

18 of an annual cost-of-living increase in benefits for 2010.’’, 

19 with the blank space therein being filled with a reference 

20 to the calendar month which is the applicable increase 

21 month. 

22 (e) SIMULTANEOUS ENTITLEMENTS.—In any case in 

23 which an individual is entitled to 2 or more monthly insur24 ance benefits under title II of the Social Security Act for 

25 the applicable increase month, the increase provided in 


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1 subsection (a) shall apply to the total amount of such ben2 efits for the applicable increase month, after application 

3 of section 202(k)), in lieu of the amount of each benefit 

4 which is so payable. 

5 (f) EFFECT ON FAMILY MAXIMUM.—The amount of 

6 the increase in monthly insurance benefits under sub7 section (a) shall be disregarded in determining reductions 

8 in benefits under section 203(a) of the Social Security Act 

9 (42 U.S.C. 403(a)). 

10 (g) INCREASE TO BE DISREGARDED FOR PURPOSES

11 OF ALL FEDERAL AND FEDERALLY ASSISTED PRO12 GRAMS.—The increase under subsection (a) shall not be 

13 regarded as income and shall not be regarded as a re14 source for the applicable increase month and the following 

15 9 months, for purposes of determining the eligibility of 

16 the recipient (or the recipient’s spouse or family) for bene17 fits or assistance, or the amount or extent of benefits or 

18 assistance, under any Federal program or under any State 

19 or local program financed in whole or in part with Federal 

20 funds. 

21 (h) INCREASE NOT CONSIDERED INCOME FOR PUR22 POSES OF TAXATION.—The increase under subsection (a) 

23 shall not be considered as gross income for purposes of 

24 the Internal Revenue Code of 1986. 


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1 (i) BENEFITS NOT OTHERWISE PAYABLE.—Nothing 

2 in this section shall be construed to provide, in connection 

3 with the increase of any benefit under this section, for a 

4 payment of any amount of such benefit if such benefit is 

5 not otherwise payable under subsection (t) or (x) of sec6 tion 202 of the Social Security Act (42 U.S.C. 402(t), (x)). 

7 SEC. 4. INCREASES IN CONTRIBUTION AND BENEFIT BASE 

8 IRRESPECTIVE OF WHETHER A COST-OF-LIV9 ING INCREASE IN BENEFITS HAS OCCURRED. 

10 (a) IN GENERAL.—Section 230(a) of the Social Secu11 rity Act (42 U.S.C. 430(a)) is amended— 

12 (1) by striking ‘‘Whenever the Commissioner’’ 

13 and all that follows through ‘‘the Commissioner shall 

14 also’’ and inserting the following: ‘‘The Commis15 sioner of Social Security shall’’; 

16 (2) by striking ‘‘November 1 of the calendar 

17 year in which such quarter occurs’’ and inserting 

18 ‘‘November 1 of each calendar year’’; and 

19 (3) by striking ‘‘after the calendar year in 

20 which such quarter occurs’’ and inserting ‘‘after 

21 such year’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to the determination 

24 of the contribution and benefit base for years after 2009. 

Æ 


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