Sec. 3. One-time supplementary payment to beneficiaries of Social Security and Veterans benefits
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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 a 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 under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). A benefit payment described in this clause is a monthly annuity or pension payment payable under subsection (a), (c), or
(d)of section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ). A benefit payment described in this clause is a payment made by the Secretary of Veterans Affairs for a benefit under the laws administered by the Secretary— that is covered by section 5312 of title 38, United States Code; for which there was an increase in rates made pursuant to the Veterans’ Compensation Cost-of-Living Adjustment Act of 2014 ( Public Law 113–181 ); or that would otherwise be increased pursuant to an increase in benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). A SSI cash benefit described in this subparagraph is a supplemental security income benefit payable under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). 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 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 Web site 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 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, with respect to an individual who is entitled to a benefit payment described in clause (i), (ii), or
(iii)of subparagraph
(B)of subsection (a)(1) or eligible for a SSI cash benefit described in subparagraph
(C)of such subsection, is the amount that is equal to 12 percent of the amount of such benefit payment or SSI cash benefit payable to the individual for the month of November 2015. 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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- 42 USC 1320a–8(a)(3)
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Sec. 3
One-time supplementary payment to beneficiaries of Social Security and Veterans benefits
Cite42 USC 1320a–8(a)(3)
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