[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2653 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2653

    To create a poverty relief benefit under title II of the Social 
                 Security Act for eligible individuals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2018

   Mr. Wyden (for himself, Mr. Brown, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
    To create a poverty relief benefit under title II of the Social 
                 Security Act for eligible individuals.

    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 ``Elder Poverty Relief Act''.

SEC. 2. POVERTY RELIEF BENEFIT.

    (a) In General.--Title II of the Social Security Act (42 U.S.C. 201 
et seq.) is amended by adding at the end the following new section:

                        ``poverty relief benefit

    ``Sec. 235.  (a) Subject to subsection (d), any eligible individual 
shall be entitled to a poverty relief benefit that shall be--
    ``(1) in addition to any other amounts to which the individual is 
entitled under this title;
    ``(2) certified and paid monthly in such manner as the Commissioner 
of Social Security (referred to in this section as the `Commissioner') 
considers appropriate; and
    ``(3) equal to the monthly benefit amount determined under 
subsection (b).
    ``(b)(1) Subject to paragraph (4), the monthly benefit amount 
determined under this subsection for any calendar year shall be a 
dollar amount equal to \1/12\th of 2 percent of the national average 
wage index for the year (as defined in section 209(k)(1)).
    ``(2) If the monthly benefit amount determined under paragraph (1) 
is not a whole dollar, such amount shall be rounded down to the next 
lower whole dollar.
    ``(3) The Commissioner shall determine the monthly benefit amount 
under this subsection for each calendar year not later than October 1 
of the preceding calendar year, based on the most recent data that is 
available.
    ``(4) If the monthly benefit amount determined for a calendar year 
under paragraph (1) is less than the monthly benefit amount determined 
for any previous calendar year, the highest monthly benefit amount 
determined for a previous year shall be the monthly benefit amount for 
the calendar year involved.
    ``(5) For purposes of a monthly benefit amount payable to an 
eligible individual pursuant to this section, such amount shall be 
payable for each month during the 12-month period from the month of 
December of the applicable calendar year under such subsection through 
the month of November of the subsequent calendar year.
    ``(c)(1) For purposes of this section, the term `eligible 
individual' means any of the following:
    ``(A) An individual who--
            ``(i) is entitled to a monthly benefit under subsections 
        (a) through (h) of section 202 or section 223(a); and
            ``(ii) attains 82 years of age or 240 benefit months (as 
        defined in paragraph (3)) on the basis of the wages and self-
        employment income of 1 individual, whichever is earlier.
    ``(B) An individual who--
            ``(i) is eligible for supplemental security income benefits 
        under title XVI; and
            ``(ii) attains retirement age (as defined in section 
        216(l)) or 240 benefit months (as defined in paragraph (3)), 
        whichever is earlier.
    ``(C) An individual who--
            ``(i) is entitled to a monthly benefit under subsections 
        (a) through (h) of section 202;
            ``(ii) attains retirement age (as defined in section 
        216(l));
            ``(iii) has average indexed monthly earnings which do not 
        exceed the amount specified in subparagraph (B) of section 
        215(a)(1) for the purposes of clause (i) of subparagraph (A) of 
        such section 215(a); and
            ``(iv) has not less than 11 years of coverage (as defined 
        for purposes of section 215(a)(7)(D)).
    ``(2)(A) An individual's entitlement to a poverty relief benefit 
under this section shall be suspended if, during any month, the 
individual ceases to be an eligible individual.
    ``(B) In the case of an individual described in subparagraph (A) 
who subsequently satisfies the requirements under paragraph (1), such 
individual shall be reentitled to a poverty relief benefit under this 
section.
    ``(3)(A) Subject to subparagraphs (B) and (C), for purposes of this 
subsection, the term `benefit month' means a month for which an 
individual has--
            ``(i) attained age 19; and
            ``(ii) been--
                    ``(I) entitled to a monthly benefit under 
                subsections (a) through (h) of section 202 or section 
                223(a); or
                    ``(II) eligible for supplemental security income 
                benefits under title XVI.
    ``(B) The term `benefit month' shall not include any month in which 
an individual is--
            ``(i) entitled to a benefit under section 202 that is not 
        payable or reduced to zero by application of subsection (k), 
        (n), (t), (u), (v), or (x) of such section and is not eligible 
        for a benefit under title XVI (or is eligible for a benefit 
        under such title but the benefit is not payable or reduced to 
        zero);
            ``(ii) eligible for a benefit under title XVI that is not 
        payable or reduced to zero and is not entitled to a benefit 
        under sections 202 or 223 (or is entitled to a benefit under 
        such section 202 but the benefit is not payable or reduced to 
        zero); or
            ``(iii) subject to a penalty under section 1129A.
    ``(C) In the case of an individual who is entitled to a monthly 
insurance benefit described in subclause (I) of subparagraph (A)(ii) on 
the basis of the wages and self-employment income of more than 1 
individual, a benefit month shall be determined based on the wages and 
self-employment income that are the basis of the largest benefit to 
which such individual is entitled for such month.
    ``(d)(1) In no case shall an eligible individual be entitled to 
more than 1 poverty relief benefit under this section for any month.
    ``(2) For any month in which an eligible individual is entitled to 
a monthly benefit described in subsection (c)(1)(A)(i) on the basis of 
the wages and self-employment income of more than 1 individual, a 
poverty relief benefit under this section may only be paid for such 
month on the basis of the wages and self-employment that are the basis 
for the largest monthly benefit to which such individual is entitled 
for such month.
    ``(3) Any amounts provided to an eligible individual pursuant to 
this section shall not be regarded as income or earnings for purposes 
of determining the eligibility of the recipient 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, or the eligibility for or extent 
of benefits or assistance under such programs of any individual for 
whom the income of the recipient is counted.''.
    (b) Railroad Retirement Act.--Section 19 of the Railroad Retirement 
Act of 1974 (45 U.S.C. 231r) is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d)(1) An individual entitled to an annuity component computed 
under section 3(a)(1), 4(a)(1), or 4(f)(1) of this Act shall be 
entitled to the benefit described in section 235 of the Social Security 
Act, subject to the requirements and conditions set forth therein.''; 
and
            (3) in subsection (e), as so redesignated, by striking 
        ``subsection (a), (b), or (c)'' each place it appears and 
        inserting ``subsection (a), (b), (c), or (d)''.
    (c) Source of Funds.--Subsection (h) of section 201 of the Social 
Security Act (42 U.S.C. 401) is amended to read as follows:
    ``(h)(1) Benefit payments required to be made under section 223, 
and benefit payments required to be made under subsection (b), (c), or 
(d) of section 202 to individuals entitled to benefits on the basis of 
the wages and self-employment income of an individual entitled to 
disability insurance benefits, shall be made only from the Federal 
Disability Insurance Trust Fund. All other benefit payments required to 
be made under this title (other than sections 226 and 235) shall be 
made only from the Federal Old-Age and Survivors Insurance Trust Fund.
    ``(2) Any benefit payment required to made under section 235 to an 
individual entitled to a poverty relief benefit under such section 
shall be made--
            ``(A) in the case of an individual who is also entitled to 
        a benefit under section 202 or 223, from the same trust fund 
        from which the individual's benefit under section 202 or 223 is 
        made; and
            ``(B) in the case of an individual who is not entitled to a 
        benefit under section 202 or 223, from funds appropriated for 
        such purpose pursuant to the authorization of appropriations in 
        section 1601.''.
    (d) Authorization of Appropriations.--Section 1601 of the Social 
Security Act (42 U.S.C. 1381) is amended by striking ``there are 
authorized'' and all that follows through the period and inserting the 
following: ``and to make poverty relief benefit payments under section 
235 to individuals who are described in section 201(h)(2)(B), there are 
authorized to be appropriated sums sufficient to carry out this title 
and make such payments.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to benefits payable for months beginning after November 2018.
                                 <all>