Sec. 2. One-time supplementary payment to Social Security beneficiaries and Veterans
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Subject to paragraph (4)(C), the Secretary of the Treasury shall disburse a payment equal to the amount described in subsection
(e)to each individual who, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act, is entitled to a benefit payment described in clause (i), (ii), or
(iii)of subparagraph (B), or is eligible for an SSI cash benefit described in subparagraph (C). For purposes of subparagraph (A): A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act ( 42 U.S.C. 402(j)(1) , 423(b))) under— section 202(a) of such Act ( 42 U.S.C. 402(a) ); section 202(b) of such Act ( 42 U.S.C. 402(b) ); section 202(c) of such Act ( 42 U.S.C. 402(c) ); section 202(d)(1)(B)(ii) of such Act ( 42 U.S.C. 402(d)(1)(B)(ii) ); section 202(e) of such Act ( 42 U.S.C. 402(e) ); section 202(f) of such Act ( 42 U.S.C. 402(f) ); section 202(g) of such Act ( 42 U.S.C. 402(g) ); section 202(h) of such Act ( 42 U.S.C. 402(h) ); section 223(a) of such Act ( 42 U.S.C. 423(a) ); section 227 of such Act ( 42 U.S.C. 427 ); or section 228 of such Act ( 42 U.S.C. 428 ). A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under— section 2(a)(1) of such Act ( 45 U.S.C. 231a(a)(1) ); section 2(c) of such Act ( 45 U.S.C. 231a(c) ); section 2(d)(1)(i) of such Act ( 45 U.S.C. 231a(d)(1)(i) ); section 2(d)(1)(ii) of such Act ( 45 U.S.C. 231a(d)(1)(ii) ); section 2(d)(1)(iii)(C) of such Act to an adult disabled child ( 45 U.S.C. 231a(d)(1)(iii)(C) ); section 2(d)(1)(iv) of such Act ( 45 U.S.C. 231a(d)(1)(iv) ); section 2(d)(1)(v) of such Act ( 45 U.S.C. 231a(d)(1)(v) ); or section 7(b)(2) of such Act ( 45 U.S.C. 231f(b)(2) ) with respect to any of the benefit payments described in clause
(i)of this subparagraph. A benefit payment described in this clause is a compensation or pension payment payable under— section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or
(5)of section 101, title 38, United States Code, who received that benefit during any month within the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. An SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act ( 42 U.S.C. 1382 , 1382h). An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit payment described in paragraph (1). A payment under this section shall not be made— in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1), such individual's benefit under such paragraph was not payable by reason of subsection
(x)or
(y)of section 202 the Social Security Act ( 42 U.S.C. 402 ) or section 1129A of such Act ( 42 U.S.C. 1320a–8a ); in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1), such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; in the case of an individual entitled to a benefit specified in paragraph (1)(C) if, for such most recent month, such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 ( 42 U.S.C. 1382 ) or section 1129A of such Act ( 42 U.S.C. 1320a–8 ); in the case of an individual who has been penalized under section 1129(a) of the Social Security Act ( 42 U.S.C. 1320–8(a) ); or in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection
(b)to receive a payment under this section. The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date but in no event later than 120 days after the date of enactment of this Act. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment to such individual under the applicable program described in subparagraph
(B)or
(C)of paragraph (1). The Secretary of the Treasury shall provide written notice, sent by mail to each individual receiving a payment under this section, explaining that the payment represents a one-time benefit increase to the benefit payment described in paragraph
(1)to which the individual is entitled. The Secretary of the Treasury, in consultation with the Commissioner of Social Security and the Secretary of Veterans Affairs, shall publish on a public website information about the payments authorized under this subsection, including— information on eligibility for such payments; information on the timeframe in which such payments will be distributed; and other relevant information. No payments shall be disbursed under this section after December 31, 2016, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date. The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph
(B)or
(C)of subsection (a)(1). A payment under subsection
(a)shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) 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. A payment under subsection
(a)shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. The provisions of section 207 of the Social Security Act ( 42 U.S.C. 407 ) and section 14(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231m(a) ) shall apply to any payment made under subsection
(a)as if such payment was a benefit payment to such individual under the applicable program described in subsection (a)(1)(B). For purposes of section 203(a) of the Social Security Act ( 42 U.S.C. 403(a) ), a payment under subsection
(a)shall be disregarded in determining reductions in benefits under such section. For purposes of section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ), a payment under subsection
(a)shall not be regarded as a general benefit increase. Any payment made under this section shall, in the case of a payment by direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments). In any case in which an individual who is entitled to a payment under subsection
(a)and whose benefit payment or cash benefit described in paragraph
(1)of that subsection is paid to a representative payee or fiduciary, the payment under subsection
(a)shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. Section 1129(a)(3) of the Social Security Act ( 42 U.S.C. 1320a–8(a)(3) ) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection
(a)in the same manner as such section applies to a payment under title II or XVI of such Act. Section 13 of the Railroad Retirement Act ( 45 U.S.C. 231l ) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection
(a)in the same manner as such section applies to a payment under such Act. Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection
(a)in the same manner as those sections apply to a payment under that title. The amount described in this subsection is the amount that is equal to 3.9 percent of the average amount of annual benefits received by an individual entitled to benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) in calendar year 2015, as determined by the Commissioner of Social Security, rounded to the next lowest multiple of $1. Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for the period of fiscal years 2016 through 2017, to remain available until expended, to carry out this section: For the Secretary of the Treasury, such sums as may be necessary for administrative costs incurred in carrying out this section. For the Commissioner of Social Security— such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section; and such sums as may be necessary to the Social Security Administration's Limitation on Administrative Expenses for costs incurred in carrying out this section. For the Railroad Retirement Board— such sums as may be necessary for payments to individuals certified by the Railroad Retirement Board as entitled to receive a payment under this section; and such sums as may be necessary to the Railroad Retirement Board's Limitation on Administration for administrative costs incurred in carrying out this section. For the Secretary of Veterans Affairs— such sums as may be necessary for the Compensation and Pensions account, for payments to individuals certified by the Secretary of Veterans Affairs as entitled to receive a payment under this section; and such sums as may be necessary for the Information Systems Technology account and the General Operating Expenses account for administrative costs incurred in carrying out this section. The Department of Veterans Affairs Compensation and Pensions account shall hereinafter be available for payments authorized under subsection (a)(1)(A) to individuals entitled to a benefit payment described in subsection (a)(1)(B)(iii).
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U.S. Code
- Old-age and survivors insurance benefit payments§ 402
- Disability insurance benefit payments§ 423
- Transitional insured status for purposes of old-age and survivors benefits§ 427
- Benefits at age 72 for certain uninsured individuals§ 428
- Annuity beginning and ending dates§ 231d
- Annuity eligibility requirements§ 231a
- Railroad Retirement Board§ 231f
- Eligibility for benefits§ 1382
- Assignment of benefits§ 407
- Assignability; exemption from levy§ 231m
- Reduction of insurance benefits§ 403
- Computation of primary insurance amount§ 415
- Penalties§ 231l
- Trust Funds§ 401
4 references not yet in our index
- 42 USC 1320a–8a
- 42 USC 1320a–8
- 42 USC 1320–8(a)
- 42 USC 1320a–8(a)(3)
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cites case law
Sec. 2
One-time supplementary payment to Social Security beneficiaries and Veterans
Cite42 USC 1320a–8a
Cite42 USC 1320a–8
Cite42 USC 1320–8(a)
Cites 18 · showing 12Cited by 0 across 0 sources