[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1211
To amend title II of the Social Security Act to credit individuals
serving as caregivers of dependent relatives with deemed wages for up
to five years of such service.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Murphy (for himself, Mrs. Gillibrand, and Ms. Smith) 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 credit individuals
serving as caregivers of dependent relatives with deemed wages for up
to five years of such service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2023''.
SEC. 2. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--Congress finds that:
(1) Caregiving is an essential element of family life and a
vital service for children, the ill, the disabled, and the
elderly.
(2) The establishment of a caregiver credit would bolster
the economic prospects of unpaid caregivers and would provide
them with vital retirement security.
(3) The 2022 Annual Report of the Board of Trustees of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds concluded that the combined Trust Funds
will be able to pay scheduled benefits in full until 2034.
(b) Sense of the Senate.--It is the sense of the Senate that the
United States Congress must address the unfair exclusion of
professional and hardworking home care providers who are not eligible
to receive Social Security or Medicare because they provide paid care
to a family member with a disability under programs operated at the
State and local level for general health and welfare protection.
SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Sec. 235. (a) Definitions.--For purposes of this section--
``(1)(A) Subject to subparagraph (B), the term `qualifying
month' means, in connection with an individual, any month
during which such individual was engaged for not less than 80
hours in providing care to a dependent relative without
monetary compensation.
``(B) The term `qualifying month' does not include any
month ending after the date on which such individual attains
retirement age (as defined in section 216(l)).
``(C) For purposes of subparagraph (A), assistance provided
to a family caregiver of an eligible veteran under section
1720G of title 38, United States Code, shall not be considered
monetary compensation for providing care to such eligible
veteran.
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), or a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, who is under the age of 12; or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, a parent, grandparent, sibling, aunt, or
uncle (of such individual or his or her spouse or
domestic partner), or such individual's spouse or
domestic partner, if such child, grandchild, niece,
nephew, parent, grandparent, sibling, aunt, uncle,
spouse, or domestic partner is a chronically dependent
individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least two of the activities of
daily living (described in subparagraph (B)) or
instrumental activities of daily living (described in
subparagraph (C)); and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living
or instrumental activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) means basic personal everyday activities,
including--
``(i) eating;
``(ii) bathing;
``(iii) dressing;
``(iv) toileting; and
``(v) transferring in and out of a bed or in and
out of a chair.
``(C) The `instrumental activities of daily living'
referred to in subparagraph (A) means activities related to
living independently in the community, including--
``(i) meal planning and preparation;
``(ii) managing finances;
``(iii) shopping for food, clothing, or other
essential items;
``(iv) performing essential household chores;
``(v) communicating by phone or other form of
media; and
``(vi) traveling around and participating in the
community.
``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of
determining entitlement to and the amount of any monthly benefit for
any month after December 2023, or entitlement to and the amount of any
lump-sum death payment in the case of a death after such month, payable
under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such
individual shall be deemed to have been paid during each qualifying
month (in addition to wages or self-employment income actually paid to
or derived by such individual during such month) at an amount per month
equal to--
``(i) in the case of a qualifying month during which no
wages or self-employment income were actually paid to or
derived by such individual, 50 percent of the national average
wage index (as defined in section 209(k)(1)) for the second
calendar year preceding the calendar year in which such month
occurs; and
``(ii) in the case of any other qualifying month, the
excess of the amount determined under clause (i) over \1/2\ of
the wages or self-employment income actually paid to or derived
by such individual during such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``(c) Rules and Regulations.--
``(1) Not later than 1 year after the date of the enactment
of this section, the Commissioner of Social Security shall
promulgate such regulations as are necessary to carry out this
section and to prevent fraud and abuse with respect to the
benefits under this section, including regulations establishing
procedures for the application and certification requirements
described in paragraph (2).
``(2) A qualifying month shall not be taken into account
under this section with respect to an individual unless--
``(A) the individual submits to the Commissioner of
Social Security an application for benefits under this
section that includes--
``(i) the name and identifying information
of the dependent relative with respect to whom
the individual was engaged in providing care
during such month;
``(ii) if the dependent relative is not a
child under the age of 12, documentation from
the physician of the dependent relative
explaining why the dependent relative is a
chronically dependent individual; and
``(iii) such other information as the
Commissioner may require to verify the status
of the dependent relative; and
``(B) for every qualifying month or period of up to
12 consecutive qualifying months that occurs after the
first period of 12 consecutive qualifying months, the
individual certifies, in such form and manner as the
Commissioner shall require, that the information
provided in the individual's application for benefits
under this section has not changed.''.
(b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended--
(1) by striking ``and'' before ``230(b)(2)'' the first time
it appears; and
(2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.
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