I 

111TH CONGRESS 

1ST SESSION H. R. 3536 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2009 

Mrs. MCCARTHY of New York (for herself, Mr. KILDEE, Ms. FUDGE, Mr. FILNER, Mr. PETERS, Mr. ROTHMAN of New Jersey, Mr. BOUCHER, Mr. 

COSTELLO, Mr. HARE, and Mr. BISHOP of New York) 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. 

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 COLA 

5 Fix for 2010 Act’’. 

6 SEC. 2. FINDINGS AND STATEMENT OF POLICY. 

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


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1 (1) no cost-of-living increase in Social Security 

2 benefits is anticipated under current law for 2010; 

3 and 

4 (2) the rising costs being endured by our Na5 tion’s seniors and disabled individuals makes the 

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

7 burdensome for them and their families. 

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

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

10 and disabled individuals and their families for the lack of 

11 a cost-of-living increase in Social Security benefits for 

12 2010 by providing for them a benefit increase of $150 for 

13 one month in 2010. 

14 SEC. 3. SOCIAL SECURITY BENEFIT INCREASE FOR ONE 

15 MONTH PAYABLE IN 2010. 

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

17 each individual who is entitled to a monthly insurance ben18 efit under section 202 or 223 of the Social Security Act 

19 (42 U.S.C. 402, 423) for the month in which this Act is 

20 enacted and is also entitled to such benefit for the applica21 ble increase month (as defined in subsection (b)) shall be 

22 entitled to an increase in such benefit for the applicable 

23 increase month in the amount of $150. 

24 (b) APPLICABLE INCREASE MONTH.—For purposes 

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


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1 means the first month beginning after 180 days after the 

2 date of the enactment of this Act 

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

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

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

6 any month other than the applicable increase month. 

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

8 payment to each individual which reflects the benefit in9 crease under this section, the Secretary of the Treasury 

10 shall issue to such individual a written notice which in11 cludes the following statement: ‘‘Your benefit payment for 

12 llllll reflects a one-time increase in monthly in13 surance benefits for that month of $150 which is in lieu 

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

15 with the blank space therein being filled with a reference 

16 to the calendar month which is the applicable increase 

17 month. 

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

19 which an individual is entitled to 2 or more monthly insur20 ance benefits under title II of the Social Security Act for 

21 the applicable increase month, the increase provided in 

22 subsection (a) shall apply to the total amount of such ben23 efits for the applicable increase month, after application 

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

25 which is so payable. 


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

2 the increase in monthly insurance benefits under sub3 section (a) shall be disregarded in determining reductions 

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

5 (42 U.S.C. 403(a)). 

6 (g) INCREASE TO BE DISREGARDED FOR PURPOSES

7 OF ALL FEDERAL AND FEDERALLY ASSISTED PRO8 GRAMS.—The increase under subsection (a) shall not be 

9 regarded as income and shall not be regarded as a re10 source for the applicable increase month and the following 

11 9 months, for purposes of determining the eligibility of 

12 the recipient (or the recipient’s spouse or family) for bene13 fits or assistance, or the amount or extent of benefits or 

14 assistance, under any Federal program or under any State 

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

16 funds. 

17 (h) INCREASE NOT CONSIDERED INCOME FOR PUR18 POSES OF TAXATION.—The increase under subsection (a) 

19 shall not be considered as gross income for purposes of 

20 the Internal Revenue Code of 1986. 

21 (i) BENEFITS NOT OTHERWISE PAYABLE.—Nothing 

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

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

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


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1 not otherwise payable under subsection (t) or (x) of sec2 tion 202 of the Social Security Act (42 U.S.C. 402(t), (x)). 

Æ 


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