I 112th CONGRESS 1st Session H. R. 2711 IN THE HOUSE OF REPRESENTATIVES July 29, 2011 Mr. Tonko introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide relief payments for non-COLA years to recipients of Social Security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits.

1.

Short title

This Act may be cited as the Supporting Our Seniors COLA Act of 2011.

2.

Relief payments for non-COLA years to recipients of Social Security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits

(a)

Authority To make payments

(1)

Eligibility

(A)

In general

For each non-COLA year of a program providing benefit payments described in clause (i), (ii), or (iii) of subparagraph (C) or in subparagraph (D), the Secretary of the Treasury shall disburse a cash payment equal to the applicable dollar amount for such non-COLA year to each individual who, for any month during such year, is entitled to such a benefit payment under such program. (B)

Definitions

For purposes of this section— (i)

Non-COLA year

The term non-COLA year means, in connection with a program referred to in subparagraph (A), a 12-month period, ending with or during any calendar year after 2009, for which— (I)a cost-of-living adjustment is generally provided under such program in relation to an index; and (II)such an adjustment does not take effect by reason of the performance of such index. (ii)

Applicable dollar amount

The term applicable dollar amount for a non-COLA year is— (I)in the case of a non-COLA year ending with or during 2010 or 2011 and in the case of a later non-COLA year which is not immediately preceded by a non-COLA year, $250; and (II)in the case of a non-COLA year ending after 2011 which is immediately preceded by a non-COLA year, the applicable dollar amount in effect under this clause for such preceding non-COLA year, plus $50. (C)

Benefit payment described

For purposes of subparagraph (A)— (i)

Title II benefit

A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under— (I)section 202(a) of such Act (42 U.S.C. 402(a)); (II)section 202(b) of such Act (42 U.S.C. 402(b)); (III)section 202(c) of such Act (42 U.S.C. 402(c)); (IV)section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V)section 202(e) of such Act (42 U.S.C. 402(e)); (VI)section 202(f) of such Act (42 U.S.C. 402(f)); (VII)section 202(g) of such Act (42 U.S.C. 402(g)); (VIII)section 202(h) of such Act (42 U.S.C. 402(h)); (IX)section 223(a) of such Act (42 U.S.C. 423(a)); (X)section 227 of such Act (42 U.S.C. 427); or (XI)section 228 of such Act (42 U.S.C. 428). (ii)

Railroad retirement benefit

A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under— (I)section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II)section 2(c) of such Act (45 U.S.C. 231a(c)); (III)section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV)section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V)section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI)section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII)section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII)section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii)

Veterans benefit

A benefit payment described in this clause is a compensation or pension payment payable under— (I)section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II)section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III)section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV)section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code, who received that benefit during any month within the 3 month period ending with the month which ends prior to the month that includes the date of the enactment of this Act.(D)

SSI cash benefit described

An SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2)

Requirement

A payment shall be made under paragraph (1) in connection with a non-COLA year only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the current address of record as of the beginning of the non-COLA year under a program specified in paragraph (1). (3)

No double payments

An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4)

Limitation

A payment under this section shall not be made in connection with a non-COLA year— (A)in the case of an individual entitled to a benefit specified in paragraph (1)(C)(i) or paragraph (1)(C)(ii)(VIII) if, for the last month of such individual's entitlement in the non-COLA year, such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 of the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a–8a); (B)in the case of an individual entitled to a benefit specified in paragraph (1)(C)(iii) if, for the last month of such individual's entitlement in the non-COLA year, such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C)in the case of an individual entitled to a benefit specified in paragraph (1)(D) if, for last month of such individual’s entitlement in the non-COLA year, such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a–8a); or (D)in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection (b) to receive a payment under this section. (5)

Timing and manner of payments

The Secretary of the Treasury shall commence disbursing payments under this section with respect to a non-COLA year— (A)in the case of a non-COLA year ending with or during 2010 or 2011, not later than 90 days after the date of the enactment of this Act; and (B)in the case of a non-COLA year ending after 2010, at the earliest practicable date but in no event later than 90 days after the later of the date of the enactment of this Act or the end of such non-COLA year. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (C) or (D) of paragraph (1).(b)

Identification of recipients

The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (C) or (D) of subsection (a)(1). (c)

Treatment of payments

(1)

Payment to be disregarded for purposes of all federal and federally assisted programs

A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2)

Payment not considered income for purposes of taxation

A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3)

Payments protected from assignment

The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (C) or (D) of subsection (a)(1). (4)

Payments subject to offset

Notwithstanding paragraph (3), for purposes of section 3716 of title 31, United States Code, any payment made under this section shall not be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (C) or (D) of subsection (a)(1) and all amounts paid shall be subject to offset to collect delinquent debts. (d)

Payment to representative payees and fiduciaries

(1)

In general

In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2)

Applicability

(A)

Payment on the basis of a title ii or SSI benefit

Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(C)(i) or (1)(D) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B)

Payment on the basis of a railroad retirement benefit

Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(C)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C)

Payment on the basis of a veterans benefit

Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(C)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title. (e)

Appropriation

Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for each fiscal year beginning on or after October 1, 2011, to remain available until expended, to carry out this section: (1)For the Secretary of the Treasury, such sums as may be necessary for administrative costs incurred in carrying out this section. (2)For the Commissioner of Social Security— (A)such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section; and (B)such sums as may be certified by the Commissioner to the Secretary of the Treasury for the Social Security Administration's Limitation on Administrative Expenses as necessary for administrative costs incurred in carrying out this section. (3)For the Railroad Retirement Board— (A)such sums as may be necessary for payments to individuals certified by the Railroad Retirement Board as entitled to receive a payment under this section; and (B)such sums as may be certified by the Board to the Secretary of the Treasury for the Railroad Retirement Board's Limitation on Administration as necessary for administrative costs incurred in carrying out this section. (4)(A)For the Secretary of Veterans Affairs— (i)such sums as may be necessary for the Compensation and Pensions account, for payments to individuals certified by the Secretary of Veterans Affairs as entitled to receive a payment under this section; and (ii)such sums as may be certified by the Secretary of Veterans Affairs to the Secretary of the Treasury for the Information Systems Technology account and for the General Operating Expenses account as necessary for administrative costs incurred in carrying out this section. (B)The Department of Veterans Affairs Compensation and Pensions account shall hereinafter be available for payments authorized under subsection (a)(1)(A) to individuals entitled to a benefit payment described in subsection (a)(1)(C)(iii).