I

103D CONGRESS

1ST SESSION H. R. 2540

To amend title II of the Social Security Act to provide for an increase

of up to 5 in the number of years disregarded in determining average

annual earnings on which benefit amounts are based upon a showing

of preclusion from remunerative work during such years occasioned by

need to provide child care or care to a chronically dependent relative.

IN THE HOUSE OF REPRESENTATIVES

JUNE 28, 1993

Mr. HUGHES (for himself and Mrs. LOWEY) 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 provide

for an increase of up to 5 in the number of years

disregarded in determining average annual earnings on

which benefit amounts are based upon a showing of

preclusion from remunerative work during such years

occasioned by need to provide child care or care to a

chronically dependent relative.

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

5 Caregiver Act of 1993’’.
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1 SEC. 2. INCREASE IN NUMBER OF YEARS DISREGARDED.

2 (a) IN GENERAL.—Section 215(b)(2) of the Social

3 Security Act (42 U.S.C. 415(b)(2)) is amended—

4 (1) by striking the period at the end of clause

5 (ii) of subparagraph (A) and inserting a comma;

6 (2) by striking ‘‘Clause (ii), once’’ after and

7 below clause (ii) of subparagraph (A) and inserting

8 the following:

9 ‘‘and reduced further to the extent provided in subpara10 graph (B). Clause (ii), once’’;

11 (3) by striking ‘‘If an individual’’ in the matter

12 following clause (ii) of subparagraph (A) and all that

13 follows through the end of subparagraph (A);

14 (4) by redesignating subparagraph (B) as sub15 paragraph (F); and

16 (5) by inserting after subparagraph (A) the fol17 lowing new subparagraphs:

18 ‘‘(B) Subject to subparagraph (C), in any case in

19 which—

20 ‘‘(i) in any calendar year which is included in

21 an individual’s computation base years—

22 ‘‘(I) such individual is living with a child

23 (of such individual or his or her spouse) under

24 the age of 12, or

25 ‘‘(II) such individual is living with a child

26 (of such individual or his or her spouse), a par-
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1 ent (of such individual or his or her spouse), or

2 such individual’s spouse while such child, par3 ent, or spouse is a chronically dependent indi4 vidual,

5 ‘‘(ii) such calendar year is not disregarded pur6 suant to subparagraphs (A) and (E) (in determining

7 such individual’s benefit computation years) by rea8 son of the reduction in the number of such individ9 ual’s elapsed years under subparagraph (A), and

10 ‘‘(iii) at any time during or after such calendar

11 year and on or before the date of the application by

12 such individual for benefits based on such individ13 ual’s wages and self-employment income, such indi14 vidual submits to the Secretary, in such form as the

15 Secretary shall prescribe by regulations, a written

16 statement that the requirements of clause (i) are

17 met with respect to such calendar year,

18 then the number by which such elapsed years are reduced

19 under this paragraph pursuant to subparagraph (A) shall

20 be increased by one (up to a combined total not exceeding

21 5) for each such calendar year.

22 ‘‘(C)(i)(I) No calendar year shall be disregarded by

23 reason of subparagraph (B) (in determining such individ24 ual’s benefit computation years) unless the individual had

25 less than the applicable dollar amount (in effect for such
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1 calendar year under this clause) of earnings as described

2 in section 203(f)(5) for such year.

3 ‘‘(II) Except as otherwise provided in subclause (III),

4 the applicable dollar amount in effect under this clause

5 for any calendar year is $2,000.

6 ‘‘(III) In each calendar year after 1993, the Sec7 retary shall determine and publish in the Federal Register,

8 on or before November 1 of such calendar year, the appli9 cable dollar amount which shall be effective under this

10 clause for the next calendar year. Such dollar amount shall

11 be equal to the larger of the applicable dollar amount

12 which is effective under this clause for the calendar year

13 in which such determination is made or, subject to

14 subclause (VII), the product described in subclause (IV).

15 ‘‘(IV) The product described in this subclause is the

16 product derived by multiplying the applicable dollar

17 amount which is effective under this clause for the cal18 endar year in which the determination under subclause

19 (III) is made, by the ratio of the amount described in

20 subclause (V) to the amount described in subclause (VI).

21 ‘‘(V) The amount described in this subclause is the

22 deemed average total wages (as defined in section

23 209(k)(1)) for the calendar year before the calendar year

24 in which the determination under subclause (III) is made.
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1 ‘‘(VI) The amount described in this subclause is the

2 deemed average total wages (as defined in section

3 209(k)(1)) for 1992 or, if later, the calendar year before

4 the most recent calendar year in which a determination

5 resulting in an increase in the applicable dollar amount

6 was made under subclause (III).

7 ‘‘(VII) If the product described in subclause (IV) is

8 not a multiple of $1.00, such product shall be rounded

9 to the next higher multiple of $1.00 in any case in which

10 such product is a multiple of $0.50 but not of $1.00, and

11 to the nearest multiple of $1.00 in any other case.

12 ‘‘(ii) No calendar year shall be disregarded by reason

13 of subparagraph (B) (in determining such individual’s

14 benefit computation years) in connection with a child re15 ferred to in subparagraph (B)(i)(I) (and not referred to

16 in subparagraph (B)(i)(II)) unless the individual was liv17 ing with the child substantially throughout the period in

18 such year in which the child was alive and under the age

19 of 12 in such year.

20 ‘‘(iii) No calendar year shall be disregarded by reason

21 of subparagraph (B) (in determining such individual’s

22 benefit computation years) in connection with a child, par23 ent, or spouse referred to in subparagraph (B)(i)(II) un24 less the individual was living with such child, parent, or

25 spouse substantially throughout a period of 180 consecu-
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1 tive days in such year throughout which such child, par2 ent, or spouse was a chronically dependent individual.

3 ‘‘(iv) The particular calendar years to be disregarded

4 under this subparagraph (in determining such benefit

5 computation years) shall be those years (not otherwise dis6 regarded under subparagraph (A)) which, before the appli7 cation of subsection (f), meet the conditions of the preced8 ing provisions of this subparagraph.

9 ‘‘(v) This subparagraph shall apply only to the extent

10 that its application would not result in a lower primary

11 insurance amount.

12 ‘‘(D)(i) For purposes of this paragraph, the term

13 ‘chronically dependent individual’ means an individual

14 who—

15 ‘‘(I) is dependent on a daily basis on another

16 person who is living with the individual and is assist17 ing the individual without monetary compensation in

18 the performance of at least 2 of the activities of

19 daily living (described in clause (ii)), and

20 ‘‘(II) without such assistance could not perform

21 such activities of daily living.

22 ‘‘(ii) The ‘activities of daily living’, referred to in

23 clause (i), are the following:

24 ‘‘(I) Eating.

25 ‘‘(II) Bathing.
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1 ‘‘(III) Dressing.

2 ‘‘(IV) Toileting.

3 ‘‘(V) Transferring in and out of a bed or in and

4 out of a chair.

5 ‘‘(E) The number of an individual’s benefit computa6 tion years as determined under this paragraph shall in no

7 case be less than 2.’’.

8 SEC. 3. EFFECTIVE DATE AND RELATED PROVISIONS.

9 (a) IN GENERAL.—The amendments made by this

10 Act shall apply only with respect to computation base

11 years after 1982, and only with respect to benefits payable

12 for months after December 1993.

13 (b) NOTICE AND PROCEDURES.—

14 (1) 60-DAY GRACE PERIOD AFTER INITIAL ISSU15 ANCE OF FINAL REGULATIONS FOR CURRENT BENE16 FICIARIES AND APPLICANTS.—The requirements of

17 clause (iii) of section 215(b)(2)(B) of the Social Se18 curity Act (as amended by this Act) shall be treated

19 as satisfied, in the case of a statement—

20 (A) which is filed by an individual who is,

21 as of the date of the first issuance in final form

22 of the regulations required under such clause, a

23 recipient of monthly benefits under section

24 202(a) or 223 of the Social Security Act, or an

25 applicant for such benefits, and
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1 (B) with respect to which the requirements

2 of such clause would be met but for the date of

3 the filing of such statement,

4 if such statement is submitted to the Secretary of

5 Health and Human Services not later than 60 days

6 after the date of the first issuance in final form of

7 such regulations.

8 (2) NOTICE REQUIREMENTS.—

9 (A) NOTICE TO CURRENT BENEFICIARIES

10 AND APPLICANTS.—The Secretary of Health

11 and Human Services shall issue, not later than

12 the date of the first issuance in final form of

13 the regulations required under clause (iii) of

14 section 215(b)(2)(B) of the Social Security Act

15 (as amended by this Act), regulations establish16 ing procedures to ensure that—

17 (i) persons who are, as of such date,

18 recipients of monthly benefits under sec19 tion 202(a) or 223 of the Social Security

20 Act, or applicants for such benefits, are

21 fully informed of the amendments made by

22 this Act; and

23 (ii) such persons are invited to com24 ply, and given a reasonable opportunity to

25 comply, with the requirements of section
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1 215(b)(2)(B)(iii) of the Social Security Act

2 (as amended by this Act), as provided in

3 paragraph (1).

4 Upon receiving from a recipient described in

5 clauses (i) and (ii) a written statement referred

6 to in clause (iii) of section 215(b)(2)(B) of the

7 Social Security Act (as amended by this Act)

8 with respect to which the requirements of such

9 clause are treated as satisfied, the Secretary

10 shall redetermine the amount of such benefits

11 to the extent necessary to take into account the

12 amendments made by this Act (and if such re13 determination results in an increase in such

14 amount the increase shall be effective as pro15 vided in subsection (a)).

16 (B) NOTICE TO FUTURE APPLICANTS.—

17 Such regulations required under subparagraph

18 (A) shall also provide procedures to ensure that

19 applicants for benefits under section 202(a) or

20 223 of the Social Security Act are given the op21 portunity, at the time of their application, to in22 dicate and verify any additional years which

23 may be disregarded under section 215(b)(2)(B)

24 of the Social Security Act (as amended by this

25 Act).
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