[House Report 116-616]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-616
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KNOW YOUR SOCIAL SECURITY ACT OF 2019
_______
December 2, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Neal, from the Committee on Ways and Means,
submitted the following
R E P O R T
[To accompany H.R. 5306]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 5306) to amend title XI of the Social Security Act
to clarify the mailing requirement relating to social security
account statements, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND............................................2
A. Purpose and Summary................................... 2
B. Background and Need for Legislation................... 2
C. Legislative History................................... 3
II. EXPLANATION OF THE BILL...........................................4
A. The Know Your Social Security Act of 2019............. 4
III.VOTES OF THE COMMITTEE............................................6
IV. BUDGET EFFECTS OF THE BILL........................................6
A. Committee Estimate of Budgetary Effects............... 6
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority........................ 6
C. Cost Estimate Prepared by the Congressional Budget
Office............................................... 6
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE........8
A. Committee Oversight Findings and Recommendations...... 8
B. Statement of General Performance Goals and Objectives. 8
C. Information Relating to Unfunded Mandates............. 8
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.............................. 8
E. Duplication of Federal Programs....................... 8
F. Hearings.............................................. 8
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.............9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Know Your Social Security Act of
2019''.
SEC. 2. CLARIFICATION OF REQUIREMENT TO MAIL SOCIAL SECURITY ACCOUNT
STATEMENTS.
(a) In General.--Section 1143 of the Social Security Act (42 U.S.C.
1320b-13) is amended--
(1) in subsection (a)(1), by adding at the end the following:
``Such statement shall be provided by mail unless the
requesting individual chooses electronic delivery for that
request.''; and
(2) in subsection (c)(2)--
(A) by striking ``Beginning not later than'' and
inserting ``(A) Beginning not later than'';
(B) by inserting ``by mail'' after ``provide''; and
(C) by adding at the end the following:
``(B) In any case in which an eligible individual described in
subparagraph (A) responds to an annual inquiry by the Commissioner
relating to the mailing of the individual's statement by making an
election that such statement for such year be provided in electronic
form only, the requirements of this paragraph shall be deemed to be
satisfied for such year with respect to the individual.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to social security account statements required to be
provided after the date of the enactment of this Act.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H.R. 5306, the Know Your Social Security Act of 2019, as
amended and ordered favorably reported by the Committee on Ways
and Means on December 11, 2019, amends the Social Security Act
to clarify that the Social Security Administration (SSA) must
provide by mail an annual Social Security Statement (Statement)
to all workers ages 25 and older who have contributed to Social
Security and are not receiving Social Security benefits.
This bill was introduced by Ways and Means Committee Social
Security Subcommittee Chairman John B. Larson and Ways and
Means Committee Member Vern Buchanan.
B. Background and Need for Legislation
To ensure that Americans know their Social Security
earnings and benefits, Congress directed SSA in bipartisan
legislation enacted in 1989 and 1990 to mail an annual
Statement to all workers ages 25 and older who are not
receiving Social Security benefits.\1\ This requirement is
contained in Section 1143 of the Social Security Act. The
Statement informs individuals about their projected Social
Security benefits, helps them plan for retirement, and allows
workers to review and correct their earnings records to ensure
their future benefits will be computed correctly.
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\1\See Omnibus Budget Reconciliation Acts of 1989 and 1990, P.L.
101-239 and P.L. 101-508.
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In the 1989 legislation, Congress directed SSA to send
Statements to all individuals ``for whom a current mailing
address can be determined.''\2\ In the 1990 legislation,
Congress also directed the Internal Revenue Service, upon
written request of the Commissioner of Social Security, to
disclose the mailing address of any taxpayer who is entitled to
receive a Statement to SSA for the purposes of mailing the
Statement.\3\
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\2\Omnibus Budget Reconciliation Act of 1989, P.L. 101-239.
\3\Omnibus Budget Reconciliation Acts of 1990, P.L. 101-508.
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For years, SSA complied with the law, with successful
results. However, starting in Fiscal Year 2011, SSA ceased
mailing annual Statements to all workers, citing budgetary
constraints. Since then, SSA has continued to disregard the law
and Congressional oversight that has directed the agency to
restore or increase the delivery of annual Statements by mail.
Currently, SSA only mails Statements to individuals ages 60
and older with covered earnings who are not receiving Social
Security benefits. In addition, even among this limited group
of seniors, SSA only mails Statements to those individuals who
have not registered for a mySocialSecurity online account. In
Fiscal Year 2019, SSA mailed Statements to only about 15
million workers--out of more than 175 million workers with
covered earnings that year.\4\
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\4\Office of the Inspector General, Social Security Administration
(2019). Issuance of Social Security Statements. Available at https://
oig.ssa.gov/sites/default/files/audit/full/pdf/A-03-18-50724.pdf; and
The 2019 Annual Report of the Board of trustees of the Federal Old-Age
and Survivors Insurance and Federal Disability Insurance Trust Funds
(2019 Trustees Report). Table IV.B3. Available at https://www.ssa.gov/
OACT/TR/2019/tr2019.pdf.
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For individuals who do not receive a mailed Statement, the
only way to see their Statement is to sign up for an online
account with Social Security and view their Statement on SSA's
website. However, according to SSA's Inspector General,
relatively few workers view their Statements online.\5\
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\5\Office of the Inspector General, Social Security Administration
(2019). Issuance of Social Security Statements. Available at https://
oig.ssa.gov/sites/default/files/audit/full/pdf/A-03-18-50724.pdf.
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Research has found that when SSA mails annual Statements,
most people--even younger workers--read their Statement
carefully, value it highly, and find it helpful for retirement
planning.\6\ Research has also found that the overwhelming
majority of people feel that mail is one of the best ways for
SSA to provide them with educational information.\7\
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\6\Smith, B. A. (2015). The Social Security statement: Its
contribution to retirement planning. Journal of Financial Counseling
and Planning, 26(2), 118-128. doi: 10.1891/1052 3073.26.2.118 and
Smith, B. A., & Couch, K. A. (2014). How effective is the Social
Security statement? Informing younger workers about Social Security.
Social Security Bulletin, 74(4), 1 19.
\7\Greenwald, M., Kapteyn, A., Mitchell, O. & Schneider, S. (2010).
What do people know about Social Security? (Working Paper, WR-792-SSA).
Philadelphia, PA: The Wharton School.
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H.R. 5306 would help ensure that Americans know about their
Social Security benefits and earnings records by clarifying
that SSA must mail an annual Statement to all workers ages 25
and older with covered earnings, who are not receiving Social
Security. The legislation permits SSA to not mail an annual
Statement to an individual who chooses electronic delivery for
that year. By law, an individual may also request a Statement
at any time during the year. The bill requires SSA to provide
these on-demand Statements by mail, unless an individual
chooses electronic delivery for that one-time request.
C. Legislative History
Background
H.R. 5306, the Know Your Social Security Act, was
introduced on December 5, 2019 and was referred to the
Committee on Ways and Means.
Committee hearings
On February 6, 2019 the Committee on Ways and Means held a
hearing on ``Improving Retirement Security for America's
Workers.'' During that hearing, witness Andrew Biggs, Resident
Scholar, American Enterprise Institute, discussed the role of
the Statement in informing workers about the impact of non-
covered earnings on their Social Security benefits.
Statements were also discussed during the Committee markup
on June 26, 2019 of related legislation, H.R. 3417, the
Beneficiary Education Tools, Telehealth, and Extenders
Reauthorization (BETTER) Act of 2019. That legislation contains
a provision requiring that Medicare enrollment information be
included with Statements sent to persons approaching Medicare
eligibility and reiterates the obligation of SSA to mail
Statements to all eligible workers. During that markup, Ways
and Means Ranking Member Kevin Brady discussed the Statement as
an important financial planning tool and expressed concern
about expecting individuals to review it online only. In
addition, Representative Vern Buchanan discussed how the BETTER
Act restates that SSA must continue to deliver Statements by
mail and submitted for the record the report by SSA's Office of
the Inspector General on the issuance of mailed Statements,\8\
while Social Security Subcommittee Chairman John B. Larson
discussed the importance of mailing Statements to all workers
as required by law.
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\8\Office of the Inspector General, Social Security Administration
(2019). Issuance of Social Security Statements. Available at https://
oig.ssa.gov/sites/default/files/audit/full/pdf/A-03-18-50724.pdf
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Committee action
The Committee on Ways and Means marked up H.R. 5306, the
Know Your Social Security Act of 2019, on December 11, 2019,
and ordered the bill, as amended, favorably reported (with a
quorum being present) by voice vote.
II. EXPLANATION OF THE BILL
A. The Know Your Social Security Act of 2019
CURRENT LAW\9\
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\9\All discussions of Current Law in this report refer to current
law as of the date of the markup (i.e., December 11. 2019) and do not
reflect any subsequent law changes.
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Section 1143 of the Social Security Act requires SSA to
send Statements on an annual basis to all individuals who are
age 25 and older, who are not receiving Social Security
benefits based on their own earnings records, and for whom SSA
can obtain current mailing addresses.
REASONS FOR CHANGE
SSA ceased mailing Statements to all workers age 25 and
older in Fiscal Year 2011, citing budgetary constraints.\10\
Currently, SSA only mails Statements to individuals ages 60 and
older who are not receiving Social Security. In addition, even
among this limited group of seniors, SSA only mails Statements
to individuals who have not registered for a mySocialSecurity
online account. In Fiscal Year 2019, SSA mailed Statements to
only about 15 million workers--out of more than 175 million
workers with covered earnings.\11\ As a result, the only way
for most people to see their Statement is to sign up for an
online mySocialSecurity account and view it on SSA's website.
According to SSA's Inspector General, relatively few workers
view their Statements online.\12\
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\10\Michael J. Astrue, Commissioner, Social Security Administration
(2011). Statement for the Record before the United States Senate,
Committee on Appropriations, Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies. Available at https://
www.ssa.gov/legislation/SSA%20BudgetTestimony030911.pdf.
\11\Office of the Inspector General, Social Security Administration
(2019). Issuance of Social Security Statements. Available at https://
oig.ssa.gov/sites/default/files/audit/full/pdf/A-03-18-50724.pdf; and
The 2019 Annual Report of the Board of trustees of the Federal Old-Age
and Survivors Insurance and Federal Disability Insurance Trust Funds
(2019 Trustees Report). Table IV.B3. Available at https://www.ssa.gov/
OACT/TR/2019/tr2019.pdf.
\12\Office of the Inspector General, Social Security Administration
(2019). Issuance of Social Security Statements. Available at https://
oig.ssa.gov/sites/default/files/audit/full/pdf/A 03 18 50724.pdf.
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The Committee believes it is imperative that workers 25 and
older who have paid into Social Security and are not yet
receiving benefits get an annual mailed Statement, unless a
worker affirmatively chooses electronic delivery for that year.
Moreover, the Committee believes that merely registering for an
online mySocialSecurity account is not a sufficient indication
that the individual would not want a mailed copy of their
Statement. There are many reasons why an individual may
register for an online mySocialSecurity account, as the portal
allows people to check their application status, change their
address or direct deposit, and request a replacement Social
Security card, among other actions. Therefore, the legislation
requires SSA to mail a copy of the Statement unless the
individual proactively opts for electronic-only access to that
year's Statement. The Committee expects SSA will allow an
individual with an online mySocialSecurity account to set their
delivery preferences each year, as situations and preferences
can evolve over a person's lifetime.
Receiving mailed Statements helps Americans know their
projected benefits to better plan for a financially secure
retirement, and helps them understand that Social Security also
provides disability protections and survivor benefits. It is an
annual reminder that workers have contributed to Social
Security and earned benefits they can count on in the future.
It also allows workers to review their Social Security earnings
record and make corrections promptly to ensure the accuracy of
their future Social Security benefits.
Therefore, it is the view of the Committee that Statements
should be mailed annually to all individuals ages 25 and older
with covered earnings who are not receiving Social Security
benefits, and for whom SSA can obtain current mailing
addresses, unless the worker affirmatively chooses electronic
delivery for that year.
EXPLANATION OF PROVISIONS
The provision clarifies current law: that the requirement
for the Social Security Administration (SSA) to provide annual
Statements to most taxpayers means providing Statements by
mail, unless the individual affirmatively chooses electronic
delivery for that year; and that SSA may provide an on-demand
Statement electronically when the requesting individual chooses
electronic delivery for that request.
EFFECTIVE DATE
The bill is effective upon enactment.
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the vote of the Committee on Ways and Means during
consideration of H.R. 5306, the Know Your Social Security Act
of 2019, on December 11, 2019.
The manager's amendment to the amendment in the nature of a
substitute offered by Chairman Neal was adopted by a voice vote
(with a quorum being present).
The Chairman's amendment in the nature of a substitute, as
amended, was adopted by a voice vote (with a quorum being
present).
The bill, H.R. 5306, as amended, was ordered favorably
reported by voice vote (with a quorum being present).
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 3(d) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the effects on the budget of the bill, H.R. 5306, as
reported. The Committee agrees with the estimate prepared by
the Congressional Budget Office (CBO), which is included below.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involves no new or increased budget authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c)(3) of Rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
H.R. 5306 would require the Social Security Administration
(SSA) to mail paper statements to all eligible people who are
age 25 or older unless they have elected not to receive such
notifications. Statements would detail the amount of a
recipient's current Social Security retirement or disability
benefits and the amount to which dependents would be entitled.
Under current law, SSA mails annual statements to people
who are 60 or older, who have not started claiming benefits,
and who do not have an online account with SSA. SSA estimates
that it will spend $7 million in fiscal year 2020 to deliver 14
million such statements.
CBO assumes that H.R. 5306 will be enacted in fiscal year
2020. Based on information from SSA, CBO expects that the
agency will start sending the additional statements in April
2021, but there would be some administrative costs in 2020 and
2021 to prepare to send them out and to set up the option for
people to decline the paper statement.
CBO estimates that under H.R. 5306, SSA would send 140
million more statements in 2022 when the policy is fully phased
in. That estimate includes our expectation that about 5 percent
of those eligible to receive a paper statement would opt out.
CBO's estimate is based on current postal rates and information
from SSA. Estimated costs grow over time because postage and
printing costs rise and more statements would be mailed as the
workforce grows.
CBO estimates that implementing H.R. 5306 would cost $33
million in 2021 and $345 million over the 2020-2025 period,
assuming appropriation of the necessary amounts.
The costs of the legislation, detailed in Table 1, fall
within budget function 650 (Social Security) and are classified
as off-budget.
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 5306
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By fiscal year, millions of dollars--
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2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
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Estimated Authorization................... 1 39 78 81 84 86 89 92 95 98 101 369 844
Estimated Outlays......................... 1 33 68 76 82 85 88 91 94 97 100 345 815
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The CBO staff contact for this estimate is Justin Latus.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII and clause
2(b)(1) of Rule X of the Rules of the House of Representatives,
the Committee made findings and recommendations that are
reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill contains no measure that authorizes funding, so no
statement of general performance goals and objectives for which
any measure authorizes funding is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
E. Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
to Congress pursuant to section 21 of Public Law 111 139; or
(3) a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance, published
pursuant section 6104 of title 31, United States Code.
F. Hearings
In compliance with Sec. 103(i) of H. Res. 6 (116th
Congress) the following hearing was used to develop or consider
H.R. 5306: ``Improving Retirement Security for America's
Workers,'' held February 6, 2019.
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e)(1)(B) of rule XIII of the
Rules of the House of Representatives, changes in existing law
proposed by the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italics, existing law in
which no change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION
* * * * * * *
Part A--General Provisions
* * * * * * *
social security account statements
Provision Upon Request
Sec. 1143. (a)(1) Beginning not later than October 1, 1990,
the Commissioner of Social Security shall provide upon the
request of an eligible individual a social security account
statement (hereinafter referred to as the ``statement''). Such
statement shall be provided by mail unless the requesting
individual chooses electronic delivery for that request.
(2) Each statement shall contain--
(A) the amount of wages paid to and self-employment
income derived by the eligible individual as shown by
the records of the Commissioner at the date of the
request;
(B) an estimate of the aggregate of the employer,
employee, and self-employment contributions of the
eligible individual for old-age, survivors, and
disability insurance as shown by the records of the
Commissioner on the date of the request;
(C) a separate estimate of the aggregate of the
employer, employee, and self-employment contributions
of the eligible individual for hospital insurance as
shown by the records of the Commissioner on the date of
the request;
(D) an estimate of the potential monthly retirement,
disability, survivor, and auxiliary benefits payable on
the eligible individual's account together with a
description of the benefits payable under the medicare
program of title XVIII; and
(E) in the case of an eligible individual described
in paragraph (3)(C)(ii), an explanation, in language
calculated to be understood by the average eligible
individual, of the operation of the provisions under
sections 202(k)(5) and 215(a)(7) and an explanation of
the maximum potential effects of such provisions on the
eligible individual's monthly retirement, survivor, and
auxiliary benefits.
(3) For purposes of this section, the term ``eligible
individual'' means an individual--
(A) who has a social security account number,
(B) who has attained age 25 or over, and
(C)(i) has wages or net earnings from self-
employment, or (ii) with respect to whom the
Commissioner has information that the pattern of wages
or self-employment income indicate a likelihood of
noncovered employment.
Notice to Eligible Individuals
(b) The Commissioner shall, to the maximum extent
practicable, take such steps as are necessary to assure that
eligible individuals are informed of the availability of the
statement described in subsection (a).
Mandatory Provision of Statements
(c)(1) By not later than September 30, 1995, the Commissioner
shall provide a statement to each eligible individual who has
attained age 60 by October 1, 1994, and who is not receiving
benefits under title II and for whom a current mailing address
can be determined through such methods as the Commissioner
determines to be appropriate. In fiscal years 1995 through 1999
the Commissioner shall provide a statement to each eligible
individual who attains age 60 in such fiscal years and who is
not receiving benefits under title II and for whom a current
mailing address can be determined through such methods as the
Commissioner determines to be appropriate. The Commissioner
shall provide with each statement to an eligible individual
notice that such statement is updated annually and is available
upon request.
(2) [Beginning not later than] (A) Beginning not later than
October 1, 1999, the Commissioner shall provide by mail a
statement on an annual basis to each eligible individual who is
not receiving benefits under title II and for whom a mailing
address can be determined through such methods as the
Commissioner determines to be appropriate. With respect to
statements provided to eligible individuals who have not
attained age 50, such statements need not include estimates of
monthly retirement benefits. However, if such statements
provided to eligible individuals who have not attained age 50
do not include estimates of retirement benefit amounts, such
statements shall include a description of the benefits
(including auxiliary benefits) that are available upon
retirement.
(B) In any case in which an eligible individual described in
subparagraph (A) responds to an annual inquiry by the
Commissioner relating to the mailing of the individual's
statement by making an election that such statement for such
year be provided in electronic form only, the requirements of
this paragraph shall be deemed to be satisfied for such year
with respect to the individual.
Disclosure to Governmental Employees of Effect of Noncovered Employment
(d)(1) In the case of any individual commencing employment on
or after January 1, 2005, in any agency or instrumentality of
any State (or political subdivision thereof, as defined in
section 218(b)(2)) in a position in which service performed by
the individual does not constitute ``employment'' as defined in
section 210, the head of the agency or instrumentality shall
ensure that, prior to the date of the commencement of the
individual's employment in the position, the individual is
provided a written notice setting forth an explanation, in
language calculated to be understood by the average individual,
of the maximum effect on computations of primary insurance
amounts (under section 215(a)(7)) and the effect on benefit
amounts (under section 202(k)(5)) of monthly periodic payments
or benefits payable based on earnings derived in such service.
Such notice shall be in a form which shall be prescribed by the
Commissioner of Social Security.
(2) The written notice provided to an individual pursuant to
paragraph (1) shall include a form which, upon completion and
signature by the individual, would constitute certification by
the individual of receipt of the notice. The agency or
instrumentality providing the notice to the individual shall
require that the form be completed and signed by the individual
and submitted to the agency or instrumentality and to the
pension, annuity, retirement, or similar fund or system
established by the governmental entity involved responsible for
paying the monthly periodic payments or benefits, before
commencement of service with the agency or instrumentality.
* * * * * * *