Sec. 305. Minimum monthly withholding to recover old-age, survivors, and disability insurance overpayments
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Section 204(a)(1) of the Social Security Act ( 42 U.S.C. 404(a)(1) ) is amended— by redesignating subparagraph
(A)as clause
(i)of subparagraph (A); in subparagraph (A)(i) (as so redesignated), by striking With and inserting Subject to clause (ii), with ; and by adding at the end the following: If the Commissioner determines that withholding the full amount of a monthly benefit payment to which an individual is otherwise entitled under this title to recover an overpayment pursuant to this section would defeat the purpose of this title, the Commissioner may withhold from such payment an amount that is less than such full amount but not less than 10 percent of such full amount. . The Commissioner of Social Security shall prescribe such regulations and make any conforming changes to regulations as the Commissioner determines appropriate to carry out the amendments made by this subsection. The amendments made by this subsection shall apply with respect to overpayments established on or after the date that is 1 year after the date of the enactment of this section. Section 845(c) of the Bipartisan Budget Act of 2015 ( 42 U.S.C. 404 note) is amended— in paragraph (1), by striking and at the end; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: the average length of repayment plans for the recovery of such overpayments; and . The amendment made by paragraph
(1)shall apply with respect to the annual report due on January 1, 2019.
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Sec. 305
Minimum monthly withholding to recover old-age, survivors, and disability insurance overpayments
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