II 111th CONGRESS 1st Session S. 2926 IN THE SENATE OF THE UNITED STATES December 23, 2009 Mrs. Lincoln (for herself and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the application of a consistent Medicare part B premium for all Medicare beneficiaries in a budget neutral manner for 2010, to provide an additional round of economic recovery payments to certain beneficiaries, and to assess the need for a consumer price index for elderly consumers to compute cost-of-living increases for certain governmental benefits.

1.

Short title

This Act may be cited as the Economic Fairness for Seniors Act.

2.

Medicare part B premium for 2010

Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended— (1)in subsection (a), by adding at the end the following new paragraph: (5)The monthly premium under this subsection for 2010 shall be the monthly premium under this subsection for 2009. ; and (2)in subsection (i)(3)(A), by adding after and below clause (ii) the following: In applying clause (ii) for 2010, the monthly actuarial rate described in such clause shall be such monthly actuarial rate for 2009..

3.

Extension of certain economic recovery payments

(a)

In general

Section 2201 of the American Recovery and Reinvestment Tax Act of 2009 is amended— (1)by inserting in each of calendar years 2009 and 2010 after the Secretary of the Treasury shall disburse in subsection (a)(1)(A); (2)by inserting (for purposes of payments made for calendar year 2009), or the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of the Economic Fairness for Seniors Act (for purposes of payments made for calendar year 2010) after the month that includes the date of the enactment of this Act in subsection (a)(1)(A); (3)by inserting (for purposes of payments made under this paragraph for calendar year 2009), or the 3 month period ending with the month which ends prior to the month that includes the date of the enactment of the Economic Fairness for Seniors Act (for purposes of payments made under this paragraph for calendar year 2010) after the month that includes the date of the enactment of this Act in subsection (a)(1)(B)(iii); (4)by inserting for any calendar year after 1 payment under this section in subsection (a)(3); (5)by inserting An individual who is entitled to, or eligible for, a benefit or cash payment described in paragraph (1) in both of the 3-month periods described in paragraph (1)(A) shall be paid a payment under this section in each of calendar years 2009 and 2010. at the end of paragraph (3) of subsection (a); (6)by inserting in same year after No double payments in the heading of paragraph (3) of subsection (a); (7)by inserting applicable before 3-month period in subsection (a)(4)(A); (8)by inserting applicable before 3 month period in subsection (a)(4)(B); (9)by inserting for purposes of payments made for calendar year 2009, or after December 31, 2011, for purposes of payments made for calendar year 2010, after December 31, 2010, in subsection (a)(5)(B); (10)by striking 2011 in subsection (e) and inserting 2012; (11)by striking $90,000,000 in subsection (e)(2)(B) and inserting $135,000,000; (12)by striking $1,400,000 in subsection (e)(3)(B) and inserting $2,100,000; (13)by striking $100,000 in subsection (e)(4)(A)(ii) and inserting $150,000; and (14)by striking $7,100,000 in subsection (e)(4)(A)(ii) and inserting $10,650,000. (b)

Extension of special credit for certain government retirees

In the case of an eligible individual (as defined in section 2202(b) of the American Recovery and Reinvestment Tax Act of 2009, applied by substituting 2010 for 2009), with respect to the first taxable year of such individual beginning in 2010, section 2202 of the American Recovery and Reinvestment Tax Act of 2009 shall be applied by substituting 2010 for 2009 each place it appears.

4.

Consumer Price Index for elderly consumers

(a)

Study

The Bureau of Labor Statistics of the Department of Labor shall study whether a consumer price index for elderly consumers (CPI–E) more accurately reflects the true costs of inflation for elderly Americans than the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W) and if the elderly are being financially disadvantaged by the use of the CPI–W in the determination of current benefit levels and, if so, shall prepare such a CPI–E. (b)

Report

Not later than 180 days after the date of the enactment of this Act, the Bureau of Labor Statistics of the Department of Labor shall report to Congress the results of the study required under subsection (a) and, if appropriate, the creation of a consumer price index for elderly consumers that more accurately reflects the true cost of inflation for the elderly.

5.

Offset through reduction in TARP funds

Paragraph (3) of section 115(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225) is amended by striking $1,259,000,000 and inserting $39,259,000,000.