113 S2453 IS: Social Security Overpayments Fairness Act of 2014 U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS2d Session S. 2453 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reinstate the 10-year statute of limitations period applicable to collection of amounts paid to Social Security beneficiaries by administrative offset, and prevent recovery of overpayments from individuals under 18 years of age.

1.

Short title

This Act may be cited as the Social Security Overpayments Fairness Act of 2014.

2.

Statute of limitation on recovery by administrative offset for amounts paid to Social Security beneficiaries

(a)

In general

Paragraph (2) of section 3716(e) of title 31, United States Code, is amended to read as follows:(2)This section does not apply—(A)to a claim under this subchapter relating to any payments made to an individual under title II or title XVI of the Social Security Act that has been outstanding for more than 10 years; or(B)when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved..(b)

Effective date

The amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act.

3.

Elimination of recovery of overpayments made to or on behalf of a minor

(a)

In general

Section 204(a) of the Social Security Act (42 U.S.C. 404(a)) is amended by adding at the end the following new paragraph:(3)Notwithstanding any other provision of this section, in the case of any payment under this title or title XVI of more than the correct amount that is made to or on behalf of an individual who has not attained 18 years of age at the time of such payment, such individual shall not be liable for the repayment of the amount of such payment in excess of the correct amount..(b)

Conforming amendments

(1)

Cross-program recovery of overpayments

Subsection (a) of the undesignated section following section 1146 of the Social Security Act (42 U.S.C. 1320b–17) is amended by striking Subject to subsection (b) and inserting Subject to section 204(a)(3) and subsection (b).(2)

Overpayment of disability benefits

Section 1631(b)(1)(A) of the Social Security Act (42 U.S.C. 1383(b)(1)(A)) is amended by striking Whenever and inserting Subject to section 204(a)(3), whenever.(c)

Effective date

The amendments made by this section shall apply to payments made on or after the date of the enactment of this Act.