[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2251 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2251

       To provide for a supplementary payment to Social Security 
    beneficiaries, supplemental security income beneficiaries, and 
        recipients of veterans benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2015

 Ms. Warren (for herself, Ms. Mikulski, Mrs. Murray, Mr. Schumer, Mr. 
Nelson, Ms. Stabenow, Ms. Cantwell, Mr. Sanders, Mr. Brown, Mr. Casey, 
    Mr. Whitehouse, Mr. Merkley, Mrs. Gillibrand, Mr. Franken, Mr. 
   Blumenthal, Mr. Murphy, Ms. Hirono, Ms. Baldwin, and Mr. Markey) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
       To provide for a supplementary payment to Social Security 
    beneficiaries, supplemental security income beneficiaries, and 
        recipients of veterans benefits, and for other purposes.

    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 ``Seniors And Veterans Emergency 
Benefits Act'' or the ``SAVE Benefits Act''.

SEC. 2. ONE-TIME SUPPLEMENTARY PAYMENT TO SOCIAL SECURITY BENEFICIARIES 
              AND VETERANS.

    (a) Authority To Make Payments.--
            (1) Eligibility.--
                    (A) In general.--Subject to paragraph (4)(C), the 
                Secretary of the Treasury shall disburse a payment 
                equal to the amount described in subsection (e) to each 
                individual who, for any month during the 3-month period 
                ending with the month which ends prior to the month 
                that includes the date of the enactment of this Act, is 
                entitled to a benefit payment described in clause (i), 
                (ii), or (iii) of subparagraph (B), or is eligible for 
                a SSI cash benefit described in subparagraph (C).
                    (B) 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.
                    (C) SSI cash benefit described.--A 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) 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 
        payment described in paragraph (1).
            (3) Limitation.--A payment under this section shall not be 
        made--
                    (A) in the case of an individual entitled to a 
                benefit specified in paragraph (1)(B)(i) or paragraph 
                (1)(B)(ii)(VIII) if, for the most recent month of such 
                individual's entitlement in the 3-month period 
                described in paragraph (1), such individual's benefit 
                under such paragraph was not payable by reason of 
                subsection (x) or (y) of section 202 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)(B)(iii) if, for the 
                most recent month of such individual's entitlement in 
                the 3-month period described in paragraph (1), 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)(C) if, for such most 
                recent month, 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-8);
                    (D) in the case of an individual who has been 
                penalized under section 1129(a) of the Social Security 
                Act (42 U.S.C. 1320-8(a)); or
                    (E) 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.
            (4) Timing and manner of payments.--
                    (A) In general.--The Secretary of the Treasury 
                shall commence disbursing payments under this section 
                at the earliest practicable date but in no event later 
                than 120 days after the date of enactment of this Act. 
                The Secretary of the Treasury may disburse any payment 
                electronically to an individual in such manner as if 
                such payment was a benefit payment to such individual 
                under the applicable program described in subparagraph 
                (B) or (C) of paragraph (1).
                    (B) Notice.--
                            (i) In general.--The Secretary of the 
                        Treasury shall provide written notice, sent by 
                        mail to each individual receiving a payment 
                        under this section, explaining that the payment 
                        represents a one-time benefit increase to the 
                        benefit payment described in paragraph (1) to 
                        which the individual is entitled.
                            (ii) Public notice.--The Secretary of the 
                        Treasury, in consultation with the Commissioner 
                        of Social Security and the Secretary of 
                        Veterans Affairs, shall publish on a public 
                        website information about the payments 
                        authorized under this subsection, including--
                                    (I) information on eligibility for 
                                such payments;
                                    (II) information on the timeframe 
                                in which such payments will be 
                                distributed; and
                                    (III) other relevant information.
                    (C) Deadline.--No payments shall be disbursed under 
                this section after December 31, 2016, regardless of any 
                determinations of entitlement to, or eligibility for, 
                such payments made after such date.
    (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 (B) or (C) 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 
        section 207 of the Social Security Act (42 U.S.C. 407) and 
        section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
        231m(a)) shall apply to any payment made under subsection (a) 
        as if such payment was a benefit payment to such individual 
        under the applicable program described in subsection (a)(1)(B).
            (4) Treatment under social security act.--
                    (A) No effect on family maximum.--For purposes of 
                section 203(a) of the Social Security Act (42 U.S.C. 
                403(a)), a payment under subsection (a) shall be 
                disregarded in determining reductions in benefits under 
                such section.
                    (B) Payment not a general benefit increase.--For 
                purposes of section 215(i) of the Social Security Act 
                (42 U.S.C. 415(i)), a payment under subsection (a) 
                shall not be regarded as a general benefit increase.
            (5) Payments subject to reclamation.--Any payment made 
        under this section shall, in the case of a payment by direct 
        deposit which is made after the date of the enactment of this 
        Act, be subject to the reclamation provisions under subpart B 
        of part 210 of title 31, Code of Federal Regulations (relating 
        to reclamation of benefit payments).
    (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 benefit 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)(B)(i) or (1)(C) 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)(B)(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)(B)(iii) of subsection (a) in the same 
                manner as those sections apply to a payment under that 
                title.
    (e) Payment Amount.--The amount described in this subsection is the 
amount that is equal to 3.9 percent of the average amount of annual 
benefits received by an individual entitled to benefits under title II 
of the Social Security Act (42 U.S.C. 401 et seq.) in calendar year 
2015, as determined by the Commissioner of Social Security, rounded to 
the next lowest multiple of $1.
    (f) Appropriation.--Out of any sums in the Treasury of the United 
States not otherwise appropriated, the following sums are appropriated 
for the period of fiscal years 2016 through 2017, 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 necessary to the Social 
                Security Administration's Limitation on Administrative 
                Expenses for 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 necessary to the Railroad 
                Retirement Board's Limitation on Administration 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 necessary for the 
                Information Systems Technology account and the General 
                Operating Expenses account 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)(B)(iii).

SEC. 3. SPECIAL CREDIT FOR CERTAIN GOVERNMENT RETIREES.

    (a) In General.--In the case of an eligible individual, there shall 
be allowed as a credit against the tax imposed by subtitle A of the 
Internal Revenue Code of 1986 for the first taxable year beginning in 
2015 an amount equal to $581 ($1,162 in the case of a joint return 
where both spouses are eligible individuals).
    (b) Eligible Individual.--
            (1) In general.--For purposes of this section, the term 
        ``eligible individual'' means any individual--
                    (A) who receives during the first taxable year 
                beginning in 2015 any amount as a pension or annuity 
                for service performed in the employ of the United 
                States or any State, or any instrumentality thereof, 
                which is not considered employment for purposes of 
                sections 3101(a) and 3111(a) of the Internal Revenue 
                Code of 1986, and
                    (B) who does not receive a payment under section 2 
                during such taxable year.
            (2) Identification number requirement.--
                    (A) In general.--The term ``eligible individual'' 
                shall not include any individual who does not include 
                on the return of tax for the taxable year--
                            (i) such individual's social security 
                        account number, and
                            (ii) in the case of a joint return, the 
                        social security account number of one of the 
                        taxpayers on such return.
                    (B) Exclusion of tin.--For purposes of subparagraph 
                (A), the social security account number shall not 
                include a TIN (as defined in section 7701(a)(41) of the 
                Internal Revenue Code of 1986) issued by the Internal 
                Revenue Service. Any omission of a correct social 
                security account number required under this paragraph 
                shall be treated as a mathematical or clerical error 
                for purposes of applying section 6213(g)(2) of such 
                Code to such omission.
    (c) Treatment of Credit.--
            (1) Refundable credit.--
                    (A) In general.--The credit allowed by subsection 
                (a) shall be treated as allowed by subpart C of part IV 
                of subchapter A of chapter 1 of the Internal Revenue 
                Code of 1986.
                    (B) Appropriations.--For purposes of section 
                1324(b)(2) of title 31, United States Code, the credit 
                allowed by subsection (a) shall be treated in the same 
                manner as a refund from the credit allowed under 
                section 36A of the Internal Revenue Code of 1986.
            (2) Deficiency rules.--For purposes of applying section 
        6211(b)(4)(A) of the Internal Revenue Code of 1986, the credit 
        allowable by subsection (a) shall be treated in the same manner 
        as the credits listed in subparagraph (A) of section 
        6211(b)(4).
    (d) Refunds Disregarded in the Administration of Federal Programs 
and Federally Assisted Programs.--Any credit or refund allowed or made 
to any individual by reason of this section shall not be taken into 
account as income and shall not be taken into account as resources for 
the month of receipt and the following 2 months, for purposes of 
determining the eligibility of such individual or any other individual 
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.

SEC. 4. MODIFICATION OF LIMITATION ON EXCESSIVE REMUNERATION.

    (a) Repeal of Performance-Based Compensation and Commission 
Exceptions for Limitation on Excessive Remuneration.--
            (1) In general.--Paragraph (4) of section 162(m) of the 
        Internal Revenue Code of 1986 is amended by striking 
        subparagraphs (B) and (C) and by redesignating subparagraphs 
        (D) through (G) as subparagraphs (B) through (E), respectively.
            (2) Conforming amendments.--
                    (A) Section 162(m)(5) of such Code is amended--
                            (i) by striking ``subparagraphs (B), (C), 
                        and (D) thereof'' in subparagraph (E) and 
                        inserting ``subparagraph (B) thereof'', and
                            (ii) by striking ``subparagraphs (F) and 
                        (G)'' in subparagraph (G) and inserting 
                        ``subparagraphs (D) and (E)''.
                    (B) Section 162(m)(6) of such Code is amended--
                            (i) by striking ``subparagraphs (B), (C), 
                        and (D) thereof'' in subparagraph (D) and 
                        inserting ``subparagraph (B) thereof'', and
                            (ii) by striking ``subparagraphs (F) and 
                        (G)'' in subparagraph (G) and inserting 
                        ``subparagraphs (D) and (E)''.
    (b) Expansion of Applicable Employer.--Paragraph (2) of section 
162(m) of the Internal Revenue Code of 1986 is amended to read as 
follows:
            ``(2) Publicly held corporation.--For purposes of this 
        subsection, the term `publicly held corporation' means any 
        corporation which is an issuer (as defined in section 3 of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c))--
                    ``(A) the securities of which are registered under 
                section 12 of such Act (15 U.S.C. 78l), or
                    ``(B) that is required to file reports under 
                section 15(d) of such Act (15 U.S.C. 78o(d)).''.
    (c) Application to All Current and Former Officers, Directors, and 
Employees.--
            (1) In general.--Section 162(m) of the Internal Revenue 
        Code of 1986, as amended by subsection (a), is amended--
                    (A) by striking ``covered employee'' each place it 
                appears in paragraphs (1) and (4) and inserting 
                ``covered individual'', and
                    (B) by striking ``such employee'' each place it 
                appears in subparagraphs (A) and (E) of paragraph (4) 
                and inserting ``such individual''.
            (2) Covered individual.--Paragraph (3) of section 162(m) of 
        such Code is amended to read as follows:
            ``(3) Covered individual.--For purposes of this subsection, 
        the term `covered individual' means any individual who is an 
        officer, director, or employee of the taxpayer or a former 
        officer, director, or employee of the taxpayer.''.
            (3) Conforming amendments.--
                    (A) Section 48D(b)(3)(A) of such Code is amended by 
                inserting ``(as in effect for taxable years beginning 
                before January 1, 2015)'' after ``section 162(m)(3)''.
                    (B) Section 409A(b)(3)(D)(ii) of such Code is 
                amended by inserting ``(as in effect for taxable years 
                beginning before January 1, 2015)'' after ``section 
                162(m)(3)''.
    (d) Special Rule for Remuneration Paid to Beneficiaries, etc.--
Paragraph (4) of section 162(m), as amended by subsection (a), is 
amended by adding at the end the following new subparagraph:
                    ``(F) Special rule for remuneration paid to 
                beneficiaries, etc.--Remuneration shall not fail to be 
                applicable employee remuneration merely because it is 
                includible in the income of, or paid to, a person other 
                than the covered individual, including after the death 
                of the covered individual.''.
    (e) Regulatory Authority.--
            (1) In general.--Section 162(m) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(7) Regulations.--The Secretary may prescribe such 
        guidance, rules, or regulations, including with respect to 
        reporting, as are necessary to carry out the purposes of this 
        subsection.''.
            (2) Conforming amendment.--Paragraph (6) of section 162(m) 
        of such Code is amended by striking subparagraph (H).
    (f) Transfer to Social Security Trust Funds.--For purposes of the 
amount of any increase in revenue to the Treasury by reason of the 
amendments made by this section, any such amount that is in excess of 
the total amount appropriated under section 2(f) of this Act shall be, 
at such times and in such manner as determined appropriate by the 
Secretary of the Treasury (or the Secretary's delegate), deposited in 
the Trust Funds (as defined in subsection (c) of section 201 of the 
Social Security Act (42 U.S.C. 401)), with--
            (1) 50 percent of such amount to be deposited in the 
        Federal Old-Age and Survivors Insurance Trust Fund (as defined 
        in subsection (a) of such section); and
            (2) 50 percent of such amount to be deposited in the 
        Federal Disability Insurance Trust Fund (as defined in 
        subsection (b) of such section).
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2015.
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