I
105TH CONGRESS
2D SESSION
H. R. 4456
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
AUGUST 6, 1998
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Social Security Care-
giver Act of 1997’’.
SEC. 2. INCREASE IN NUMBER OF YEARS DISREGARDED.
(a) IN GENERAL.—Section 215(b)(2) of the Social
Security Act (42 U.S.C. 415(b)(2)) is amended—
(1) by striking the period at the end of clause
(ii) of subparagraph (A) and inserting a comma;
(2) by striking ‘‘Clause (ii), once’’ after and
below clause (ii) of subparagraph (A) and inserting
the following:
‘‘and reduced further to the extent provided in subpara-
graph (B). Clause (ii), once’’;
(3) by striking ‘‘If an individual’’ in the matter
following clause (ii) of subparagraph (A) and all that
follows through the end of subparagraph (A);
(4) by redesignating subparagraph (B) as sub-
paragraph (F); and
(5) by inserting after subparagraph (A) the fol-
lowing new subparagraphs:
‘‘(B) Subject to subparagraph (C), in any case in
which—
‘‘(i) in any calendar year which is included in
an individual’s computation base years—
‘‘(I) such individual is living with a child
(of such individual or his or her spouse) under
the age of 12, or
‘‘(II) such individual is living with a child
(of such individual or his or her spouse), a par-
ent (of such individual or his or her spouse), or
such individual’s spouse while such child, par-
ent, or spouse is a chronically dependent indi-
vidual,
‘‘(ii) such calendar year is not disregarded pur-
suant to subparagraphs (A) and (E) (in determining
such individual’s benefit computation years) by rea-
son of the reduction in the number of such individ-
ual’s elapsed years under subparagraph (A), and
‘‘(iii) at any time during or after such calendar
year and on or before the date of the application by
such individual for benefits based on such individ-
ual’s wages and self-employment income, such indi-
vidual submits to the Commissioner of Social Secu-
rity, in such form as the Commissioner shall pre-
scribe by regulations, a written statement that the
requirements of clause (i) are met with respect to
such calendar year,
then the number by which such elapsed years are reduced
under this paragraph pursuant to subparagraph (A) shall
be increased by one (up to a combined total not exceeding
5) for each such calendar year.
‘‘(C)(i)(I) No calendar year shall be disregarded by
reason of subparagraph (B) (in determining such individ-
ual’s benefit computation years) unless the individual had
less than the applicable dollar amount (in effect for such
calendar year under this clause) of earnings as described
in section 203(f)(5) for such year.
‘‘(II) Except as otherwise provided in subclause (III),
the applicable dollar amount in effect under this clause
for any calendar year is $2,000.
‘‘(III) In each calendar year after 1997, the Commis-
sioner of Social Security shall determine and publish in
the Federal Register, on or before November 1 of such
calendar year, the applicable dollar amount which shall be
effective under this clause for the next calendar year. Such
dollar amount shall be equal to the larger of the applicable
dollar amount which is effective under this clause for the
calendar year in which such determination is made or,
subject to subclause (VII), the product described in sub-
clause (IV).
‘‘(IV) The product described in this subclause is the
product derived by multiplying the applicable dollar
amount which is effective under this clause for the cal-
endar year in which the determination under subclause
(III) is made, by the ratio of the amount described in sub-
clause (V) to the amount described in subclause (VI).
‘‘(V) The amount described in this subclause is the
national average wage index (as defined in section
209(k)(1)) for the calendar year before the calendar year
in which the determination under subclause (III) is made.
‘‘(VI) The amount described in this subclause is the
national average wage index (as defined in section
209(k)(1)) for 1996 or, if later, the calendar year before
the most recent calendar year in which a determination
resulting in an increase in the applicable dollar amount
was made under subclause (III).
‘‘(VII) If the product described in subclause (IV) is
not a multiple of $1.00, such product shall be rounded
to the next higher multiple of $1.00 in any case in which
such product is a multiple of $0.50 but not of $1.00, and
to the nearest multiple of $1.00 in any other case.
‘‘(ii) No calendar year shall be disregarded by reason
of subparagraph (B) (in determining such individual’s
benefit computation years) in connection with a child re-
ferred to in subparagraph (B)(i)(I) (and not referred to
in subparagraph (B)(i)(II)) unless the individual was liv-
ing with the child substantially throughout the period in
such year in which the child was alive and under the age
of 12 in such year.
‘‘(iii) No calendar year shall be disregarded by reason
of subparagraph (B) (in determining such individual’s
benefit computation years) in connection with a child, par-
ent, or spouse referred to in subparagraph (B)(i)(II) un-
less the individual was living with such child, parent, or
spouse substantially throughout a period of 180 consecu-
tive days in such year throughout which such child, par-
ent, or spouse was a chronically dependent individual.
‘‘(iv) The particular calendar years to be disregarded
under this subparagraph (in determining such benefit
computation years) shall be those years (not otherwise dis-
regarded under subparagraph (A)) which, before the appli-
cation of subsection (f), meet the conditions of the preced-
ing provisions of this subparagraph.
‘‘(v) This subparagraph shall apply only to the extent
that its application would not result in a lower primary
insurance amount.
‘‘(D)(i) For purposes of this paragraph, the term
‘chronically dependent individual’ means an individual
who—
‘‘(I) is dependent on a daily basis on another
person who is living with the individual and is assist-
ing the individual without monetary compensation in
the performance of at least 2 of the activities of
daily living (described in clause (ii)), and
‘‘(II) without such assistance could not perform
such activities of daily living.
‘‘(ii) The ‘activities of daily living’, referred to in
clause (i), are the following:
‘‘(I) Eating.
‘‘(II) Bathing.
‘‘(III) Dressing.
‘‘(IV) Toileting.
‘‘(V) Transferring in and out of a bed or in and
out of a chair.
‘‘(E) The number of an individual’s benefit computa-
tion years as determined under this paragraph shall in no
case be less than 2.’’.
SEC. 3. EFFECTIVE DATE AND RELATED PROVISIONS.
(a) IN GENERAL.—The amendments made by this
Act shall apply only with respect to computation base
years after 1987, and only with respect to benefits payable
for months after December 1998.
(b) NOTICE AND PROCEDURES.—
(1) 60-DAY
GRACE
PERIOD
AFTER
INITIAL
ISSUANCE OF FINAL REGULATIONS FOR CURRENT
BENEFICIARIES
AND
APPLICANTS.—The require-
ments of clause (iii) of section 215(b)(2)(B) of the
Social Security Act (as amended by this Act) shall
be treated as satisfied, in the case of a statement—
(A) which is filed by an individual who is,
as of the date of the first issuance in final form
of the regulations required under such clause, a
recipient of monthly benefits under section
202(a) or 223 of the Social Security Act, or an
applicant for such benefits, and
(B) with respect to which the requirements
of such clause would be met but for the date of
the filing of such statement,
if such statement is submitted to the Commissioner
of Social Security not later than 60 days after the
date of the first issuance in final form of such regu-
lations.
(2) NOTICE REQUIREMENTS.—
(A) NOTICE TO CURRENT BENEFICIARIES
AND APPLICANTS.—The Commissioner of Social
Security shall issue, not later than the date of
the first issuance in final form of the regula-
tions required under clause (iii) of section
215(b)(2)(B) of the Social Security Act (as
amended by this Act), regulations establishing
procedures to ensure that—
(i) persons who are, as of such date,
recipients of monthly benefits under sec-
tion 202(a) or 223 of the Social Security
Act, or applicants for such benefits, are
fully informed of the amendments made by
this Act; and
(ii) such persons are invited to com-
ply, and given a reasonable opportunity to
comply, with the requirements of section
215(b)(2)(B)(iii) of the Social Security Act
(as amended by this Act), as provided in
paragraph (1).
Upon receiving from a recipient described in
clauses (i) and (ii) a written statement referred
to in clause (iii) of section 215(b)(2)(B) of the
Social Security Act (as amended by this Act)
with respect to which the requirements of such
clause are treated as satisfied, the Commis-
sioner shall redetermine the amount of such
benefits to the extent necessary to take into ac-
count the amendments made by this Act (and
if such redetermination results in an increase in
such amount the increase shall be effective as
provided in subsection (a)).
(B) NOTICE
TO
FUTURE
APPLICANTS.—
Such regulations required under subparagraph
(A) shall also provide procedures to ensure that
applicants for benefits under section 202(a) or
223 of the Social Security Act are given the op-
portunity, at the time of their application, to in-
dicate and verify any additional years which
may be disregarded under section 215(b)(2)(B)
of the Social Security Act (as amended by this
Act).
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