Sec. 5. Extended benefit eligibility for children who are full-time students
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Section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— in paragraph (1)— in subparagraph (B)— by striking or
(ii)and inserting
(ii); and by inserting or
(iii)was the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual and was a full-time student at an educational institution and had not attained the age of 22, after 22, ; in subparagraph (E)— by striking and
(ii)and inserting
(ii); and by inserting and
(iii)is not a full-time student at an educational institution during any part of such month (in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual) before the comma at the end; in subparagraph (F), by striking clauses
(i)and
(ii)and inserting the following: in the case of a child who is the child of an individual entitled to old-age insurance benefits— the first month during no part of which the child is a full-time elementary or secondary school student, or the month in which the child attains the age of 19, and in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual— the first month during no part of which the child is a full-time student at an educational institution, or the month in which the child attains the age of 22, ; and in subparagraph (G), by striking clauses
(ii)and
(iii)and inserting the following: in the case of a child who is the child of an individual entitled to old-age insurance benefits— the first month during no part of which the child is a full-time elementary or secondary school student, or the month in which the child attains the age of 19, and in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual— the first month during no part of which the child is a full-time student at an educational institution, or the month in which the child attains the age of 22, ; in paragraph (6)— in subparagraph (A)— by striking or
(ii)and inserting
(ii); and by inserting or
(iii)is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual and is a full-time student at an educational institution and has not attained the age of 22, after 22, ; and by striking subparagraphs
(D)and
(E)and inserting the following: the earlier of— in the case of a child who is the child of an individual entitled to old-age insurance benefits— the first month during no part of which the child is a full-time elementary or secondary school student; or the month in which the child attains the age of 19; and in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual— the first month during no part of which the child is a full-time student at an educational institution; or the month in which the child attains the age of 22; but only if the child is not under a disability (as so defined) in such earlier month; or if the child was under a disability (as so defined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 223(e), or (if later) the earlier of— in the case of a child who is the child of an individual entitled to old-age insurance benefits— the first month during no part of which the child is a full-time elementary or secondary school student; or the month in which the child attains the age of 19; and in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual— the first month during no part of which the child is a full-time student at an educational institution; or the month in which the child attains the age of 22. ; and in paragraph (7), by adding at the end the following new paragraphs: The term full-time student at an educational institution means an individual who is in full-time attendance as a student at an elementary school (but only in the case of an individual who has not attained the age of 19) or a secondary school or an institution described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), as determined by the Commissioner of Social Security (in accordance with regulations prescribed by the Commissioner) in the light of the standards and practices of the schools and institutions involved, except that no individual shall be considered a full-time student at an educational institution if the individual is paid by his employer while attending a school or institution at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a full-time student at an educational institution for the purpose of this section while that individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to the individual's conviction of an offense (committed after the effective date of this sentence) which constituted a felony under applicable law. An individual who is determined to be a full-time student at an educational institution shall be deemed to be such a student throughout the month with respect to which such determination is made. Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student at a school or educational institution during any period of nonattendance at a school or institution at which he has been in full-time attendance if
(i)such period is 4 calendar months or less, and
(ii)the individual shows to the satisfaction of the Commissioner of Social Security that the individual intends to continue to be in full-time attendance at a secondary school or institution described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ) immediately following such period. An individual who does not meet the requirement of clause
(ii)with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at such a school or institution immediately following such period. A child who attains age 22 at a time when the child is a full-time student of an educational institution (as defined in subparagraph
(E)and without application of subparagraph (F)) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) or, if such child is a student at an educational institution described in section 102 of the Higher Education Act of 1965, a diploma, degree, or equivalent degree from such an institution, shall be deemed (for purposes of determining whether the child's entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause
(iii)of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the secondary school or educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which the child is so enrolled or until the first day of the third month beginning after such time, whichever first occurs). . The amendments made by this subsection shall apply to child's insurance benefits that are payable for months beginning on or after January 1, 2020. Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended— in clause
(iii)of paragraph (1), by striking will be less than nineteen years of age and a full-time elementary or secondary school student and inserting will be less than 22 years of age and a full-time student at an educational institution (as defined in section 202(d)(7)(E) of the Social Security Act) ; and in paragraph (4)— by striking (defining the terms ; full-time elementary or secondary school student and elementary or secondary school ) by striking nineteen and inserting 22 ; by striking full-time elementary or secondary school student and inserting full-time student at an educational institution ; by striking subparagraph
(A)of paragraph
(7)of section 202(d) of the Social Security Act and without the application of subparagraph
(B)and inserting subparagraph
(E)of section 202(d)(7) of the Social Security Act, without regard to subparagraph
(F)of such section ; by striking a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i) of the Social Security Act) and inserting a diploma, degree, or equivalent certificate from a secondary school or educational institution described in section 202(d)(7)(E) of the Social Security Act ; and by striking elementary or secondary school in which he is enrolled and inserting school or institution in which the child is enrolled . Section 5(c)(7) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 235(c)(7) ) is amended— by striking full-time elementary or secondary school student and inserting full-time student at an educational institution ; and by striking 19 and inserting 22 . The amendments made by this subsection shall apply to benefits under the Railroad Retirement Act of 1974 that are payable for months beginning on or after January 1, 2020.
Connectionstraces to 2
2 references not yet in our index
- 45 USC 232(2)(d)
- 45 USC 235(c)(7)
Citation graph
cites case law
Sec. 5
Extended benefit eligibility for children who are full-time students
Cite45 USC 232(2)(d)
Cite45 USC 235(c)(7)
Cites 4Cited by 0 across 0 sources