2290 112th CONGRESS
H. R. 2290
To amend title II of the Social Security Act
to credit prospectively individuals serving as caregivers of dependent relatives
with deemed wages for up to five years of such service.IN
THE HOUSE OF REPRESENTATIVES
June 22, 2011
LOWEY introduced the following bill; which was referred to the Committee on Ways
To amend title II of
the Social Security Act to credit prospectively individuals serving as caregivers
of dependent relatives with deemed wages for up to five years of such service.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
1. SHORT TITLE.
This Act may be cited as the `Social Security
Caregiver Credit Act of 2011'.
SEC. 2. DEEMED WAGES FOR CAREGIVERS
OF DEPENDENT RELATIVES.
Title II of the Social Security Act is
amended by adding after section 234 (42 U.S.C. 434) the following new section:
WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES
`Sec. 235. (a) Definitions-
For purposes of this section--
`(1) The term `qualifying month'
means, in connection with an individual, a month during which such individual
was engaged for not less than 80 hours in providing care to a dependent relative
without monetary compensation. Such term does not include any month ending after
the date on which such individual attains retirement age (as defined in section
`(2) The term `dependent relative' means, in
connection with an individual--
`(A) a child, grandchild,
niece, or nephew (of such individual or such individual's spouse or domestic partner)
who is under the age of 12, or
`(B) a child,
grandchild, niece, or nephew (of such individual or such individual's spouse or
domestic partner), a parent, aunt, or uncle (of such individual or his or her
spouse or domestic partner), or such individual's spouse or domestic partner,
if such child, grandchild, niece, nephew, parent, aunt, uncle, spouse, or domestic
partner is a chronically dependent individual.
The term `chronically dependent individual' means an individual who--
`(i) is dependent on a daily basis on verbal reminding, physical cueing, supervision,
or other assistance provided to the individual by another person in the performance
of at least two of the activities of daily living (described in subparagraph (B)),
`(ii) without the assistance described in
clause (i), could not perform such activities of daily living.
`(B) The `activities of daily living' referred to in subparagraph (A) are the
`(v) Transferring in and out
of a bed or in and out of a chair.
`(b) Deemed Wages
of Caregiver- (1)(A) For purposes of determining entitlement to and the amount
of any monthly benefit for any month after December 2011, or entitlement to and
the amount of any lump-sum death payment in the case of a death after such month,
payable under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such individual shall
be deemed to have been paid during each qualifying month (in addition to wages
or self-employment income actually paid to or derived by such individual during
such month) at an amount per month equal to the excess (if any) of--
`(i) 50 percent of the average amount of wages and self-employment income otherwise
credited to individuals for such month under this title, over
`(ii) the amount of wages and self-employment income actually paid to or derived
by such individual for such month.
`(B) In any case in which
there are more than 60 qualifying months for an individual, only the last 60 of
such months shall be taken into account for purposes of this section.
`(2) Paragraph (1) shall not be applicable in the case of any monthly benefit
or lump-sum death payment if a larger such benefit or payment, as the case may
be, would be payable without its application.
and Residency Requirements- (1) A qualifying month shall not be taken into account
under this section with respect to any individual unless such individual--
`(A) is throughout the qualifying month a resident of the United States (as defined
in paragraph (2)), and
`(B)(i) is throughout the qualifying
month a citizen of the United States or an alien lawfully admitted for permanent
`(ii) in the case of an individual who
was not a citizen of the United States throughout the qualifying month, has resided
in the United States (as defined in subsection 210(i)) continuously during the
5 years immediately preceding the qualifying month.
For purposes of paragraph (1)(A), the term `United States' means the 50 States
and the District of Columbia.
`(d) Identification Requirements-
A qualifying month shall not be taken into account under this section with respect
to an individual unless such individual provides the Commissioner of Social Security
with the name and Social Security account number of the dependent relative with
respect to whom the individual was engaged in providing care during such month,
and other information as the Commissioner may require to verify the status of
the dependent relative, on whatever application may be required to obtain benefits
under this section.
`(e) Annual Reimbursement of Federal Old-Age
and Survivors Insurance Trust Fund- There are authorized to be appropriated to
the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending
September 30, 2009, and for each fiscal year thereafter, such sums as the Commissioner
of Social Security deems necessary on account of--
made under this section during the second preceding fiscal year and all fiscal
years prior thereto to individuals entitled to benefits under this section,
`(2) the additional administrative expenses resulting from the payments described
in paragraph (1), and
`(3) any loss in interest to such
Trust Fund resulting from such payments and expenses,
to place such Trust Fund in the same position at the end of such fiscal year as
it would have been in if such payments had not been made.'.