covery of the cost to the Federal Old-Age 
and Survivors Insurance Trust Fund of 
any parental leave benefit paid to the indi-
vidual and not yet repaid pursuant to 
paragraph (2) as of the month in which 
the individual becomes entitled to an old- 
age insurance benefit. 
‘‘(4) OTHER
RECOVERY
METHODS.—In any 
case in which the Commissioner of Social Security 
determines that the cost to the Federal Old-Age and 
Survivors Insurance Trust Fund of a parental leave 
benefit paid to an individual cannot be fully recov-
ered pursuant to paragraph (2) or (3)— 
‘‘(A) such benefit shall be deemed, upon 
the making of such determination, to be a pay-
ment of more than the correct amount for pur-
poses of section 204; and 
‘‘(B) the Commissioner may recover such 
amounts by means of any method available to 
the Commissioner under such section. 
‘‘(5) PROJECTION OF REPAYMENT AMOUNT.— 
As soon as practicable after the date of enactment 
of this section, the Commissioner shall establish a 
system to make available through an internet 
website or other electronic media to each individual 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
who is paid a parental leave benefit under this sec-
tion, beginning with the first month beginning after 
the individual’s benefit period the projected amount 
of the deduction to be made from each of the first 
60 monthly payments of old-age insurance benefits 
under paragraph (2), or if the individual so elects, 
the additional number of months by which the indi-
vidual’s retirement age would be increased under 
paragraph (3), in order to fully repay the cost to the 
Federal Old-Age and Survivors Insurance Trust 
Fund of any parental leave benefit paid to the indi-
vidual, and a description of the assumptions used by 
the Commissioner in making such projection. 
‘‘(g) RELATIONSHIP WITH STATE LAW; EMPLOYER 
BENEFITS.— 
‘‘(1) IN GENERAL.—This section does not pre-
empt or supersede any provision of State or local 
law that authorizes a State or political subdivision to 
provide paid parental or family medical leave bene-
fits similar to the benefits provided under this sec-
tion. 
‘‘(2) GREATER BENEFITS ALLOWED.—Nothing 
in this Act shall be construed to diminish the obliga-
tion of an employer to comply with any contract, col-
lective bargaining agreement, or employment benefit 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
program or plan that provides greater benefits for 
leave or other leave rights to individuals than the 
benefits for leave or leave rights established under 
this Act. 
‘‘(h) SUNSET.—No application for parental leave ben-
efits under this section may be filed in any calendar year 
if the OASDI trust fund ratio (as defined in section 
215(i)) for such calendar year or for the year following 
such calendar year is projected, based on the intermediate 
projections in the most recent (as of January 1 of such 
calendar year) annual report issued under section 
201(c)(2), to be less than 20 percent. 
‘‘(i) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘qualified child’ means, with re-
spect to an individual for a benefit period, a biologi-
cal child or legally adopted child of the individual (as 
determined by the Commissioner of Social Security) 
who— 
‘‘(A) will not attain 18 years of age before 
the end of such benefit period; and 
‘‘(B) will be residing with, and under the 
care of, the individual during the benefit period 
as determined by the Commissioner.’’. 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 3. CONFORMING AMENDMENTS. 
(a) NONPAYMENT PROVISIONS.—Section 202 of the 
Social Security Act (42 U.S.C. 402) is amended— 
(1) in subsection (n)(1)(A), by striking ‘‘under 
this section or section 223’’ and inserting ‘‘under 
this section, section 219, or section 223’’; 
(2) in subsection (t), in paragraphs (1) and 
(10), by striking ‘‘under this section or under sec-
tion 223’’ each place it appears and inserting ‘‘under 
this section, under section 219, or under section 
223’’; 
(3) in subsection (u)(1), by striking ‘‘under this 
section or section 223’’ and inserting ‘‘under this 
section, section 219, or section 223’’; and 
(4) in subsection (x)— 
(A) in paragraph (1)(A), by striking 
‘‘under this section or under section 223’’ and 
inserting ‘‘under this section, under section 
219, or under section 223’’; and 
(B) in paragraph (2), by striking ‘‘under 
this section or section 223’’ and inserting 
‘‘under this section, section 219, or section 
223’’. 
(b) 
DELAYED
RETIREMENT
CREDITS.—Section 
202(w) of the Social Security Act (42 U.S.C. 402(w)) is 
amended by inserting after ‘‘age 70’’ each place it appears 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS
the following: ‘‘(or, in the case of an individual whose re-
tirement age is increased under section 219(f)(3), age 70 
plus the number of months by which the individual’s re-
tirement age is so increased)’’. 
(c) VOLUNTARY SUSPENSION OF BENEFITS.—Sec-
tion 202(z)(1)(A)(ii) of the Social Security Act (42 U.S.C. 
402(z)(1)(A)(ii)) is amended by striking ‘‘the age of 70’’ 
and inserting ‘‘age 70 (or, in the case of an individual 
whose retirement age is increased under section 219(f)(3), 
age 70 plus the number of months by which the individ-
ual’s retirement age is so increased)’’. 
(d) NUMBER OF BENEFIT COMPUTATION YEARS.— 
Section 
215(b)(2)(A) 
of 
such 
Act 
(42 
U.S.C. 
415(b)(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘, and’’ and insert-
ing a semicolon; 
(2) in clause (ii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by inserting after clause (ii) the following: 
‘‘(iii) in the case of an individual who is entitled 
to a parental leave benefit under section 219, by the 
number of years equal to one-fifth of such individ-
ual’s elapsed years (disregarding any resulting frac-
tional part of a year), but not by more than 5 
years.’’. 
VerDate Sep 11 2014 
22:35 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5808.IH
H5808
pamtmann on DSKBC07HB2PROD with BILLS