S 95
112th CONGRESS
1st Session
S. 95
To amend title II of the Social Security Act to provide that
wages earned and self-employment income derived by individuals while
such individuals were not citizens or nationals of the United States
and were illegally in the United States shall not be credited for coverage
under the old-age, survivors, and disability insurance program under
such title.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. VITTER introduced the following bill; which was read twice and
referred to the Committee on Finance
A BILL
To amend title II of the Social Security Act to provide that
wages earned and self-employment income derived by individuals while
such individuals were not citizens or nationals of the United States
and were illegally in the United States shall not be credited for coverage
under the old-age, survivors, and disability insurance program under
such title.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATIONS ON COVERAGE OF INDIVIDUALS BASED ON EARNINGS
PAID OR DERIVED BY INDIVIDUALS WHILE SUCH INDIVIDUALS WERE NOT CITIZENS
OR NATIONALS OF THE UNITED STATES AND WERE ILLEGALLY IN THE UNITED STATES.
(a) In General- Section 215(e) of the Social Security Act (42 U.S.C.
415(e)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively;
(2) by inserting `(1)' after `(e)'; and
(3) by adding at the end the following new paragraph:
`(2) For purposes of subsections (b) and (d), in computing an individual's
average indexed monthly earnings, or in the case of an individual whose
primary insurance amount is computed under section 215(a) as in effect
prior to January 1979, average monthly wage, such individual shall not
be credited with any wages paid to such individual, or any self-employment
income derived by such individual, while such individual was not a citizen
or national of the United States and was illegally in the United States.'.
(b) Effective Date- The amendments made by subsection (a) shall apply
with respect to wages paid, and self-employment income derived, before,
on, or after the date of the enactment of this Act. Notwithstanding
section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)),
as soon as practicable after the date of the enactment of this Act,
the Commissioner of Social Security shall recompute all primary insurance
amounts to the extent necessary to carry out such amendments. Such amendments
shall affect benefits only for months after the date of the enactment
of this Act.
END
