S. 73

119 S73 IS: Eliminating the Marriage Penalty in SSI Act
 U.S. Senate
 2025-01-13
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 73  IN THE SENATE OF THE UNITED STATES   January 13, 2025   Mr. Moran  (for himself and  Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend title XVI of the Social Security Act to provide that the supplemental security income benefits of adults with intellectual or developmental disabilities shall not be reduced by reason of marriage.
1.
Short title
This Act may be cited as the   Eliminating the Marriage Penalty in SSI Act   or   EMPSA  .
2.
Supplemental security income benefits
(a)
Eligibility for benefits
Section 1611(a) of the Social Security Act ( 42 U.S.C. 1382(a) ) is amended by adding at the end the following:
(4)
Notwithstanding paragraphs (1) and (2), each individual—
(A)
who has attained 18 years of age,
(B)
who is diagnosed with an intellectual or developmental disability,
(C)
whose income, other than income excluded pursuant to section 1612(b), is at a rate of not more than the applicable amount determined under paragraph (1)(A), and
(D)
whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount determined under paragraph (3)(B),
 shall be an eligible individual for purposes of this title.
 .
(b)
Amount of benefit
Section 1611(b) of such Act ( 42 U.S.C. 1382(b) ) is amended by adding at the end the following:
(3)
Notwithstanding paragraphs (1) and (2), the benefit under this title for an individual described in subsection (a)(4), whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual.
 .
(c)
Income and resource deeming rules
Section 1614(f) of such Act ( 42 U.S.C. 1382c(f) ) is amended by adding at the end the following:
(5)
Notwithstanding paragraph (1), for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, such individual's income and resources shall be deemed to not include any income or resources of such spouse.
 .
(d)
Effective date
The amendments made by this section shall apply to benefits payable for months that begin more than 180 days after the date of enactment of this Act.