EMPSA Act

Bill: 118-s-5568
Sponsor: full_name: Sen. Moran, Jerry [R-KS]
Introduced: 2024-12-17
Policy area: Social Welfare
Subjects: Disability and paralysis

Disability assistance

Marriage and family status

Poverty and welfare assistance
Latest action: action_date: 2024-12-17
text: Read twice and referred to the Committee on Finance.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5568 IN THE SENATE OF THE UNITED STATES December 17 (legislative day, December 16), 2024 Mr. Moran (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVI of the Social Security Act to provide that the supplemental security income benefits of adults with intellectual or developmental disabilities shall not be reduced by reason of marriage.

1. Short title This Act may be cited as the Eliminating the Marriage Penalty in SSI Act or the EMPSA Act . 2. Supplemental security income benefits (a) Eligibility for benefits Section 1611(a) of the Social Security Act ( 42 U.S.C. 1382(a) ) is amended by adding at the end the following: (4) Notwithstanding paragraphs (1) and (2), each individual— (A) who has attained 18 years of age, (B) who is diagnosed with an intellectual or developmental disability, (C) whose income, other than income excluded pursuant to section 1612(b), is at a rate of not more than the applicable amount determined under paragraph (1)(A), and (D) whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount determined under paragraph (3)(B), shall be an eligible individual for purposes of this title. . (b) Amount of benefit Section 1611(b) of such Act ( 42 U.S.C. 1382(b) ) is amended by adding at the end the following: (3) Notwithstanding paragraphs (1) and (2), the benefit under this title for an individual described in subsection (a)(4), whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual. . (c) Income and resource deeming rules Section 1614(f) of such Act ( 42 U.S.C. 1382c(f) ) is amended by adding at the end the following: (5) Notwithstanding paragraph (1), for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, such individual's income and resources shall be deemed to not include any income or resources of such spouse. . (d) Effective date The amendments made by this section shall apply to benefits payable for months that begin more than 180 days after the date of enactment of this Act.