[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4456 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Caregiver 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 subparagraph (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 subparagraph (F); 
        and
            (5) by inserting after subparagraph (A) the following 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 parent (of 
                such individual or his or her spouse), or such 
                individual's spouse while such child, parent, or spouse 
                is a chronically dependent individual,
            ``(ii) such calendar year is not disregarded pursuant to 
        subparagraphs (A) and (E) (in determining such individual's 
        benefit computation years) by reason of the reduction in the 
        number of such individual'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 individual's wages and self-employment 
        income, such individual submits to the Commissioner of Social 
        Security, in such form as the Commissioner shall prescribe 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 individual'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 Commissioner 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 subclause (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 calendar year in which the determination 
under subclause (III) is made, by the ratio of the amount described in 
subclause (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 referred to in subparagraph (B)(i)(I) 
(and not referred to in subparagraph (B)(i)(II)) unless the individual 
was living 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, parent, or spouse referred to in 
subparagraph (B)(i)(II) unless the individual was living with such 
child, parent, or spouse substantially throughout a period of 180 
consecutive days in such year throughout which such child, parent, 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 disregarded under subparagraph (A)) which, 
before the application of subsection (f), meet the conditions of the 
preceding 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 assisting 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 computation 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 
        requirements 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 regulations.
            (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 regulations 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 section 
                        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 comply, 
                        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 Commissioner shall redetermine the amount of such 
                benefits to the extent necessary to take into account 
                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 opportunity, at the time of their 
                application, to indicate 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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