I 

112TH CONGRESS 

1ST SESSION H. R. 2711 

To provide relief payments for non-COLA years to recipients of Social Security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2011 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide relief payments for non-COLA years to recipients 

of Social Security, supplemental security income, railroad 

retirement benefits, and veterans disability compensation 

or pension benefits. 

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 ‘‘Supporting Our Sen5 iors COLA Act of 2011’’. 


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1 SEC. 2. RELIEF PAYMENTS FOR NON-COLA YEARS TO RE2 CIPIENTS OF SOCIAL SECURITY, SUPPLE3 MENTAL SECURITY INCOME, RAILROAD RE4 TIREMENT BENEFITS, AND VETERANS DIS5 ABILITY COMPENSATION OR PENSION BENE6 FITS. 

7 (a) AUTHORITY TO MAKE PAYMENTS.— 

8 (1) ELIGIBILITY.— 

9 (A) IN GENERAL.—For each non-COLA 

10 year of a program providing benefit payments 

11 described in clause (i), (ii), or (iii) of subpara12 graph (C) or in subparagraph (D), the Sec13 retary of the Treasury shall disburse a cash 

14 payment equal to the applicable dollar amount 

15 for such non-COLA year to each individual 

16 who, for any month during such year, is enti17 tled to such a benefit payment under such pro18 gram. 

19 (B) DEFINITIONS.—For purposes of this 

20 section— 

21 (i) NON-COLA YEAR.—The term 

22 ‘‘non-COLA year’’ means, in connection 

23 with a program referred to in subpara24 graph (A), a 12-month period, ending with 

25 or during any calendar year after 2009, for 

26 which— 


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1 (I) a cost-of-living adjustment is 

2 generally provided under such pro3 gram in relation to an index; and 

4 (II) such an adjustment does not 

5 take effect by reason of the perform6 ance of such index. 

7 (ii) APPLICABLE DOLLAR AMOUNT.— 

8 The term ‘‘applicable dollar amount’’ for a 

9 non-COLA year is— 

10 (I) in the case of a non-COLA 

11 year ending with or during 2010 or 

12 2011 and in the case of a later non13 COLA year which is not immediately 

14 preceded by a non-COLA year, $250; 

15 and 

16 (II) in the case of a non-COLA 

17 year ending after 2011 which is im18 mediately preceded by a non-COLA 

19 year, the applicable dollar amount in 

20 effect under this clause for such pre21 ceding non-COLA year, plus $50. 

22 (C) BENEFIT PAYMENT DESCRIBED.—For 

23 purposes of subparagraph (A)— 

24 (i) TITLE II BENEFIT.—A benefit pay25 ment described in this clause is a monthly 


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1 insurance benefit payable (without regard 

2 to sections 202(j)(1) and 223(b) of the So3 cial Security Act (42 U.S.C. 402(j)(1), 

4 423(b)) under— 

5 (I) section 202(a) of such Act 

6 (42 U.S.C. 402(a)); 

7 (II) section 202(b) of such Act 

8 (42 U.S.C. 402(b)); 

9 (III) section 202(c) of such Act 

10 (42 U.S.C. 402(c)); 

11 (IV) section 202(d)(1)(B)(ii) of 

12 such Act (42 U.S.C. 

13 402(d)(1)(B)(ii)); 

14 (V) section 202(e) of such Act 

15 (42 U.S.C. 402(e)); 

16 (VI) section 202(f) of such Act 

17 (42 U.S.C. 402(f)); 

18 (VII) section 202(g) of such Act 

19 (42 U.S.C. 402(g)); 

20 (VIII) section 202(h) of such Act 

21 (42 U.S.C. 402(h)); 

22 (IX) section 223(a) of such Act 

23 (42 U.S.C. 423(a)); 

24 (X) section 227 of such Act (42 

25 U.S.C. 427); or 


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1 (XI) section 228 of such Act (42 

2 U.S.C. 428). 

3 (ii) RAILROAD RETIREMENT BEN4 EFIT.—A benefit payment described in this 

5 clause is a monthly annuity or pension 

6 payment payable (without regard to section 

7 5(a)(ii) of the Railroad Retirement Act of 

8 1974 (45 U.S.C. 231d(a)(ii))) under— 

9 (I) section 2(a)(1) of such Act 

10 (45 U.S.C. 231a(a)(1)); 

11 (II) section 2(c) of such Act (45 

12 U.S.C. 231a(c)); 

13 (III) section 2(d)(1)(i) of such 

14 Act (45 U.S.C. 231a(d)(1)(i)); 

15 (IV) section 2(d)(1)(ii) of such 

16 Act (45 U.S.C. 231a(d)(1)(ii)); 

17 (V) section 2(d)(1)(iii)(C) of such 

18 Act to an adult disabled child (45 

19 U.S.C. 231a(d)(1)(iii)(C)); 

20 (VI) section 2(d)(1)(iv) of such 

21 Act (45 U.S.C. 231a(d)(1)(iv)); 

22 (VII) section 2(d)(1)(v) of such 

23 Act (45 U.S.C. 231a(d)(1)(v)); or 

24 (VIII) section 7(b)(2) of such Act 

25 (45 U.S.C. 231f(b)(2)) with respect to 


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1 any of the benefit payments described 

2 in clause (i) of this subparagraph. 

3 (iii) VETERANS BENEFIT.—A benefit 

4 payment described in this clause is a com5 pensation or pension payment payable 

6 under— 

7 (I) section 1110, 1117, 1121, 

8 1131, 1141, or 1151 of title 38, 

9 United States Code; 

10 (II) section 1310, 1312, 1313, 

11 1315, 1316, or 1318 of title 38, 

12 United States Code; 

13 (III) section 1513, 1521, 1533, 

14 1536, 1537, 1541, 1542, or 1562 of 

15 title 38, United States Code; or 

16 (IV) section 1805, 1815, or 1821 

17 of title 38, United States Code, 

18 to a veteran, surviving spouse, child, or 

19 parent as described in paragraph (2), (3), 

20 (4)(A)(ii), or (5) of section 101, title 38, 

21 United States Code, who received that ben22 efit during any month within the 3 month 

23 period ending with the month which ends 

24 prior to the month that includes the date 

25 of the enactment of this Act. 


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1 (D) SSI CASH BENEFIT DESCRIBED.—An 

2 SSI cash benefit described in this subparagraph 

3 is a cash benefit payable under section 1611 

4 (other than under subsection (e)(1)(B) of such 

5 section) or 1619(a) of the Social Security Act 

6 (42 U.S.C. 1382, 1382h). 

7 (2) REQUIREMENT.—A payment shall be made 

8 under paragraph (1) in connection with a non-COLA 

9 year only to individuals who reside in 1 of the 50 

10 States, the District of Columbia, Puerto Rico, 

11 Guam, the United States Virgin Islands, American 

12 Samoa, or the Northern Mariana Islands. For pur13 poses of the preceding sentence, the determination of 

14 the individual’s residence shall be based on the cur15 rent address of record as of the beginning of the 

16 non-COLA year under a program specified in para17 graph (1). 

18 (3) NO DOUBLE PAYMENTS.—An individual 

19 shall be paid only 1 payment under this section, re20 gardless of whether the individual is entitled to, or 

21 eligible for, more than 1 benefit or cash payment de22 scribed in paragraph (1). 

23 (4) LIMITATION.—A payment under this section 

24 shall not be made in connection with a non-COLA 

25 year— 


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1 (A) in the case of an individual entitled to 

2 a benefit specified in paragraph (1)(C)(i) or 

3 paragraph (1)(C)(ii)(VIII) if, for the last month 

4 of such individual’s entitlement in the non5 COLA year, such individual’s benefit under 

6 such paragraph was not payable by reason of 

7 subsection (x) or (y) of section 202 of the So8 cial Security Act (42 U.S.C. 402) or section 

9 1129A of such Act (42 U.S.C. 1320a–8a); 

10 (B) in the case of an individual entitled to 

11 a benefit specified in paragraph (1)(C)(iii) if, 

12 for the last month of such individual’s entitle13 ment in the non-COLA year, such individual’s 

14 benefit under such paragraph was not payable, 

15 or was reduced, by reason of section 1505, 

16 5313, or 5313B of title 38, United States Code; 

17 (C) in the case of an individual entitled to 

18 a benefit specified in paragraph (1)(D) if, for 

19 last month of such individual’s entitlement in 

20 the non-COLA year, such individual’s benefit 

21 under such paragraph was not payable by rea22 son of subsection (e)(1)(A) or (e)(4) of section 

23 1611 (42 U.S.C. 1382) or section 1129A of 

24 such Act (42 U.S.C. 1320a–8a); or 


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1 (D) in the case of any individual whose 

2 date of death occurs before the date on which 

3 the individual is certified under subsection (b) 

4 to receive a payment under this section. 

5 (5) TIMING AND MANNER OF PAYMENTS.—The 

6 Secretary of the Treasury shall commence disbursing 

7 payments under this section with respect to a non8 COLA year— 

9 (A) in the case of a non-COLA year ending 

10 with or during 2010 or 2011, not later than 90 

11 days after the date of the enactment of this 

12 Act; and 

13 (B) in the case of a non-COLA year end14 ing after 2010, at the earliest practicable date 

15 but in no event later than 90 days after the 

16 later of the date of the enactment of this Act 

17 or the end of such non-COLA year. 

18 The Secretary of the Treasury may disburse any 

19 payment electronically to an individual in such man20 ner as if such payment was a benefit payment or 

21 cash benefit to such individual under the applicable 

22 program described in subparagraph (C) or (D) of 

23 paragraph (1). 

24 (b) IDENTIFICATION OF RECIPIENTS.—The Commis25 sioner of Social Security, the Railroad Retirement Board, 


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1 and the Secretary of Veterans Affairs shall certify the in2 dividuals entitled to receive payments under this section 

3 and provide the Secretary of the Treasury with the infor4 mation needed to disburse such payments. A certification 

5 of an individual shall be unaffected by any subsequent de6 termination or redetermination of the individual’s entitle7 ment to, or eligibility for, a benefit specified in subpara8 graph (C) or (D) of subsection (a)(1). 

9 (c) TREATMENT OF PAYMENTS.— 

10 (1) PAYMENT TO BE DISREGARDED FOR PUR11 POSES OF ALL FEDERAL AND FEDERALLY ASSISTED

12 PROGRAMS.—A payment under subsection (a) shall 

13 not be regarded as income and shall not be regarded 

14 as a resource for the month of receipt and the fol15 lowing 9 months, for purposes of determining the 

16 eligibility of the recipient (or the recipient’s spouse 

17 or family) for benefits or assistance, or the amount 

18 or extent of benefits or assistance, under any Fed19 eral program or under any State or local program fi20 nanced in whole or in part with Federal funds. 

21 (2) PAYMENT NOT CONSIDERED INCOME FOR

22 PURPOSES OF TAXATION.—A payment under sub23 section (a) shall not be considered as gross income 

24 for purposes of the Internal Revenue Code of 1986. 


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1 (3) PAYMENTS PROTECTED FROM ASSIGN2 MENT.—The provisions of sections 207 and 

3 1631(d)(1) of the Social Security Act (42 U.S.C. 

4 407, 1383(d)(1)), section 14(a) of the Railroad Re5 tirement Act of 1974 (45 U.S.C. 231m(a)), and sec6 tion 5301 of title 38, United States Code, shall 

7 apply to any payment made under subsection (a) as 

8 if such payment was a benefit payment or cash ben9 efit to such individual under the applicable program 

10 described in subparagraph (C) or (D) of subsection 

11 (a)(1). 

12 (4) PAYMENTS SUBJECT TO OFFSET.—Notwith13 standing paragraph (3), for purposes of section 

14 3716 of title 31, United States Code, any payment 

15 made under this section shall not be considered a 

16 benefit payment or cash benefit made under the ap17 plicable program described in subparagraph (C) or 

18 (D) of subsection (a)(1) and all amounts paid shall 

19 be subject to offset to collect delinquent debts. 

20 (d) PAYMENT TO REPRESENTATIVE PAYEES AND FI21 DUCIARIES.— 

22 (1) IN GENERAL.—In any case in which an in23 dividual who is entitled to a payment under sub24 section (a) and whose benefit payment or cash ben25 efit described in paragraph (1) of that subsection is 


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1 paid to a representative payee or fiduciary, the pay2 ment under subsection (a) shall be made to the indi3 vidual’s representative payee or fiduciary and the en4 tire payment shall be used only for the benefit of the 

5 individual who is entitled to the payment. 

6 (2) APPLICABILITY.— 

7 (A) PAYMENT ON THE BASIS OF A TITLE

8 II OR SSI BENEFIT.—Section 1129(a)(3) of the 

9 Social Security Act (42 U.S.C. 1320a–8(a)(3)) 

10 shall apply to any payment made on the basis 

11 of an entitlement to a benefit specified in para12 graph (1)(C)(i) or (1)(D) of subsection (a) in 

13 the same manner as such section applies to a 

14 payment under title II or XVI of such Act. 

15 (B) PAYMENT ON THE BASIS OF A RAIL16 ROAD RETIREMENT BENEFIT.—Section 13 of 

17 the Railroad Retirement Act (45 U.S.C. 231l) 

18 shall apply to any payment made on the basis 

19 of an entitlement to a benefit specified in para20 graph (1)(C)(ii) of subsection (a) in the same 

21 manner as such section applies to a payment 

22 under such Act. 

23 (C) PAYMENT ON THE BASIS OF A VET24 ERANS BENEFIT.—Sections 5502, 6106, and 

25 6108 of title 38, United States Code, shall 


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1 apply to any payment made on the basis of an 

2 entitlement to a benefit specified in paragraph 

3 (1)(C)(iii) of subsection (a) in the same manner 

4 as those sections apply to a payment under that 

5 title. 

6 (e) APPROPRIATION.—Out of any sums in the Treas7 ury of the United States not otherwise appropriated, the 

8 following sums are appropriated for each fiscal year begin9 ning on or after October 1, 2011, to remain available until 

10 expended, to carry out this section: 

11 (1) For the Secretary of the Treasury, such 

12 sums as may be necessary for administrative costs 

13 incurred in carrying out this section. 

14 (2) For the Commissioner of Social Security— 

15 (A) such sums as may be necessary for 

16 payments to individuals certified by the Com17 missioner of Social Security as entitled to re18 ceive a payment under this section; and 

19 (B) such sums as may be certified by the 

20 Commissioner to the Secretary of the Treasury 

21 for the Social Security Administration’s Limita22 tion on Administrative Expenses as necessary 

23 for administrative costs incurred in carrying out 

24 this section. 

25 (3) For the Railroad Retirement Board— 


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1 (A) such sums as may be necessary for 

2 payments to individuals certified by the Rail3 road Retirement Board as entitled to receive a 

4 payment under this section; and 

5 (B) such sums as may be certified by the 

6 Board to the Secretary of the Treasury for the 

7 Railroad Retirement Board’s Limitation on Ad8 ministration as necessary for administrative 

9 costs incurred in carrying out this section. 

10 (4)(A) For the Secretary of Veterans Affairs— 

11 (i) such sums as may be necessary for 

12 the Compensation and Pensions account, 

13 for payments to individuals certified by the 

14 Secretary of Veterans Affairs as entitled to 

15 receive a payment under this section; and 

16 (ii) such sums as may be certified by 

17 the Secretary of Veterans Affairs to the 

18 Secretary of the Treasury for the Informa19 tion Systems Technology account and for 

20 the General Operating Expenses account 

21 as necessary for administrative costs in22 curred in carrying out this section. 

23 (B) The Department of Veterans Affairs Com24 pensation and Pensions account shall hereinafter be 

25 available for payments authorized under subsection 


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1 (a)(1)(A) to individuals entitled to a benefit payment 

2 described in subsection (a)(1)(C)(iii). 

Æ 


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