[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 3029

Public Law 111-115
111th Congress

An Act


 
To amend titles II and XVI of the Social Security Act to prohibit
retroactive payments to individuals during periods for which such
individuals are prisoners, fugitive felons, or probation or parole
violators.

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 ``No Social Security Benefits for
Prisoners Act of 2009''.
SEC. 2. PROHIBITION OF RETROACTIVE TITLE II AND TITLE XVI PAYMENTS
TO PRISONERS, FUGITIVE FELONS, AND PROBATION
OR PAROLE VIOLATORS.

(a) Amendments to Title II.--Section 204(a)(1)(B) of the Social
Security Act (42 U.S.C. 404(a)(1)(B)) is amended--
(1) by striking ``(B) With'' and inserting ``(B)(i) Subject
to clause (ii), with''; and
(2) by adding at the end the following:
``(ii) No payment shall be made under this subparagraph to
any person during any period for which monthly insurance
benefits of such person--
``(I) are subject to nonpayment by reason of section
202(x)(1), or
``(II) in the case of a person whose monthly
insurance benefits have terminated for a reason other
than death, would be subject to nonpayment by reason of
section 202(x)(1) but for the termination of such
benefits,
until section 202(x)(1) no longer applies, or would no longer
apply in the case of benefits that have terminated.
``(iii) Nothing in clause (ii) shall be construed to limit
the Commissioner's authority to withhold amounts, make
adjustments, or recover amounts due under this title, title VIII
or title XVI that would be deducted from a payment that would
otherwise be payable to such person but for such clause.''.

(b) Amendments to Title XVI.--Section 1631(b) of such Act (42 U.S.C.
1383(b)) is amended by adding at the end the following new paragraph:
``(7)(A) In the case of payment of less than the correct amount of
benefits to or on behalf of any individual, no payment shall be made to
such individual pursuant to this subsection during any period for which
such individual--
``(i) is not an eligible individual or eligible spouse under
section 1611(e)(1) because such individual is an inmate of a

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123 STAT. 3030

public institution that is a jail, prison, or other penal
institution or correctional facility the purpose of which is to
confine individuals as described in clause (ii) or (iii) of
section 202(x)(1)(A), or
``(ii) is not an eligible individual or eligible spouse
under section 1611(e)(4),

until such person is no longer considered an ineligible individual or
ineligible spouse under section 1611(e)(1) or 1611(e)(4).
``(B) Nothing in subparagraph (A) shall be construed to limit the
Commissioner's authority to withhold amounts, make adjustments, or
recover amounts due under this title, title II, or title VIII that would
be deducted from a payment that would otherwise be payable to such
individual but for such subparagraph.''.
(c) Effective Date.--The amendments made by this section shall be
effective for payments that would otherwise be made on or after the date
of the enactment of this Act.

Approved December 15, 2009.

LEGISLATIVE HISTORY--H.R. 4218:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
Dec. 8, considered and passed House.
Dec. 10, considered and passed Senate.