[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2962 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2962

To amend title II of the Social Security Act to apply an earnings test 
in determining the amount of monthly insurance benefits for individuals 
     entitled to disability insurance benefits based on blindness.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2010

 Mr. Dodd (for himself and Mr. McCain) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title II of the Social Security Act to apply an earnings test 
in determining the amount of monthly insurance benefits for individuals 
     entitled to disability insurance benefits based on blindness.

    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 ``Blind Persons Return to Work Act of 
2010''.

SEC. 2. APPLICATION OF EARNINGS TEST IN DETERMINING THE AMOUNT OF 
              MONTHLY INSURANCE BENEFITS FOR BLIND BENEFICIARIES.

    (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 
403) is amended--
            (1) in subsection (b)(1)(A), by striking ``benefits under 
        section 202 for any month'' and inserting the following: 
        ``benefits for any month under section 202 or, in the case of 
        an individual who is entitled to disability insurance benefits 
        and whose disability consists of blindness (as defined in 
        section 216(i)(1)), under section 223'';
            (2) in subsection (f)(1)--
                    (A) by striking ``entitled for such month under 
                section 202'' and inserting ``entitled for such month 
                under section 202 or, in the case of an individual who 
                is entitled to disability insurance benefits and whose 
                disability consists of blindness (as defined in section 
                216(i)(1)), under section 223,'';
                    (B) by inserting ``is entitled under section 202 or 
                223'' after ``payments to which such individual''; and
                    (C) by striking ``subsection (a), (b), (c), (d), 
                (e), (f), (g), or (h) of section 202 (without having 
                been entitled for the preceding month to a benefit 
                under any other of such subsections)'' and inserting 
                ``the provisions of subsection (a), (b), (c), (d), (e), 
                (f), (g), or (h) of section 202 or the provisions of 
                section 223 (without having been entitled for the 
                preceding month to a benefit under any other of such 
                provisions)'';
            (3) in subsection (f)(3)--
                    (A) by inserting ``(A)'' after ``(3)'';
                    (B) in the first sentence, by inserting ``subject 
                to subparagraphs (B) and (D),'' after ``subsection 
                (h),'', by striking ``months in such year,'' and 
                inserting ``months in such year.'', and by striking 
                ``except that, in determining'' and inserting the 
                following:
    ``(B) For purposes of subparagraph (A), notwithstanding section 
211(e), the number of months in the taxable year in which an individual 
dies shall be 12.
    ``(C) In determining'';
                    (C) by striking the sentence beginning with ``For 
                purposes of the preceding sentence,'';
                    (D) by redesignating the last sentence as 
                subparagraph (E) and, in such subparagraph (E), by 
                striking ``the first sentence of''; and
                    (E) by inserting before subparagraph (E) (as so 
                designated under subparagraph (D) of this paragraph) 
                the following new subparagraph:
    ``(D) In the case of an individual who is entitled to disability 
insurance benefits and whose disability consists of blindness (as 
defined in section 216(i)(1)), the individual's excess earnings for a 
taxable year shall be 33\1/3\ percent of his earnings for such year in 
excess of the exempt amount which would be applicable under paragraph 
(8), to individuals described in subparagraph (D) thereof, if section 
102 of the Senior Citizens' Right to Work Act of 1996 had not been 
enacted.'';
            (4) in subsection (f)(7), by inserting ``or 223'' after 
        ``section 202'';
            (5) in subsection (h)(1)(A)--
                    (A) by inserting ``or 223'' after ``section 202''; 
                and
                    (B) by inserting ``(or, as applicable, the exempt 
                amount determined under subsection (f)(3)(D))'' after 
                ``subsection (f)(8)'';
            (6) in subsection (h)(2), by inserting ``or 223'' after 
        ``section 202'' each place it appears; and
            (7) in subsection (h)(3), by inserting ``or 223'' after 
        ``section 202'' each place it appears.
    (b) Determination of Disability of Blind Individuals Without Regard 
to Engagement in Substantial Gainful Activity.--Section 223(d) of such 
Act (42 U.S.C. 423(d)) is amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
            ``(B) in the case of an individual who has attained the age 
        of 55, blindness (as defined in section 216(i)(1).''; and
            (2) in paragraph (4)(A), by striking the second sentence.

SEC. 3. ANNUAL DETERMINATIONS OF DISABILITY BASED ON BLINDNESS.

    Section 221 of the Social Security Act (42 U.S.C. 421) is amended 
by adding at the end the following new subsection:
    ``(n) A determination of the disability of an individual based on 
blindness may not be reviewed more frequently than annually.''.

SEC. 4. REDUCTION IN EXCESS EARNINGS OF BLIND BENEFICIARIES BY THE 
              AMOUNT OF IMPAIRMENT RELATED WORK EXPENSES.

    Section 203(f)(3)(D) of the Social Security Act (as amended by 
section 2 of this Act) is amended--
            (1) by inserting ``(i)'' after ``(D)'';
            (2) by striking ``enacted.'' and inserting the following: 
        ``enacted, reduced (to not less than zero) by the allowable 
        amount for impairment related work expenses for the taxable 
        year.''; and
            (3) by adding at the end the following new clause:
    ``(ii) For purposes of this subparagraph, the term `allowable 
amount for impairment related work expenses' means, in connection with 
the excess earnings of an individual for any taxable year, an amount 
equal to the greater of--
            ``(I) 16.3 percent of such excess earnings, or
            ``(II) the average amount of impairment related work 
        expenses incurred by individuals entitled to disability 
        insurance benefits during the preceding taxable year, as 
        determined under regulations of the Commissioner of Social 
        Security.''.

SEC. 5. ADJUSTMENTS TO EXTENT OF BENEFIT REDUCTION DURING THE YEAR 
              BASED ON SIGNIFICANT CHANGES IN WORK STATUS.

    Section 203(h) of the Social Security Act (42 U.S.C. 403(h)) is 
amended by adding at the end the following new paragraph:
    ``(5) The Commissioner of Social Security shall develop and 
implement procedures in accordance with this subsection to avoid paying 
less than the correct amount of benefits to any individual under this 
title as a result of the occurrence during the taxable year of a 
termination of employment or a significant reduction in hours of 
work.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
disability insurance benefits for months in taxable years beginning 
after 180 days after the date of the enactment of this Act.
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