PL 98-4 Payment-in-Kind Tax Treatment Act of 1983 (enacted 3/11/83)

Unless specified in the statute, legislation is effective upon enactment. For full text of legislation visit the website of the Library of Congress.

Section 3 specifies that land diverted from production of an agricultural commodity under a 1983 payment-in-kind program shall be treated as used during the 1983 crop year by the qualified taxpayer, and any qualified taxpayer who materially participates in the diversion and devotion to conservation uses shall be treated as materially participating in the operation of such land during the crop year for purposes of Title II of the Social Security Act.

PL 98-21 Social Security Amendments of 1983 (enacted 4/20/83)

Section 101 amends Title II of the Social Security Act and the IRC to provide mandatory coverage under the OASDI program as of 1/1/84 for: all Federal employees hired on or after 1/1/84, the President, the Vice President, all elected officials and political appointees, Federal judges, members of Congress and all legislative branch employees who are not participating in the CSRS as of 12/31/83.
Section 102 extends mandatory coverage under OASDI to all employees of nonprofit organizations for services performed after 12/31/83.
Section 102(e) provides that employees of nonprofit organizations who are age 55 or older as of 1/1/84 shall be considered fully insured under Title II of the Social Security Act if they acquire a specified number of QCs according to their age.
Section 103 prohibits the termination of State coverage agreements (under which State and local government employees may be covered under Title II of the Social Security Act) on or after enactment; makes such prohibition applicable to any agreements in effect on the date of enactment, notwithstanding pending termination notices.
Section 111 delays the June 1983 COLA in OASDI benefits until December 1983 and provides that subsequent COLAs shall be provided on a CY basis beginning in 1984.
Section 112 requires that the COLA to OASDI benefits be based upon the lower of the CPI increase or the wage increase percentage, beginning in 1988, whenever the reserves in the OASDI and DI Trust Funds fall below a specified level.
Section 113 reduces the old-age and disability benefits of individuals who reach age 62 after 1985 and who are eligible for a pension based on non-covered employment with certain exceptions for those employees who have at least 25 years of coverage; employees who have covered wages solely by reason of section 101 above; and/or employees of nonprofit organizations who have covered wages solely by reason of section 102 above.
Section 114 increases gradually the delayed retirement credits received by workers who delay receiving retirement benefits beyond attainment of age 65; effective for increments months in calendar years after 1983.
Section 121(c)(3) permits the Sec. of Treasury to disclose tax return information from IRS files on the address and status of a nonresident alien, US citizen, or resident to SSA or RRB for purposes of withholding alien tax from Social Security benefits; effective for benefits received after 12/31/83.
Section 121(e) appropriates to the OASI and DI Trust Funds the revenues generated under this title; requires that such appropriations be transferred at least quarterly from the Treasury to the Trust Funds.
Section 123 revises the OASDI tax rates on employees and employers so as to: (1) increase the rate for 1984; (2) keep the current tax rate for 1985-1987 and (3) increase the rate for 1988-1989; effective for remuneration paid after 12/31/83.
Section 124 revises the OASDI and HI tax rates on self-employment income so as to: (1) increase the rate for 1984; (2) keep the current tax rate for 1985-1987; and (3) increase the rate for 1988-1989; effective taxable years beginning after 12/31/83.
Section 126 amends Title II of the Social Security Act to revise the allocations of wages and self-employment income from the Treasury to the DI Trust Fund beginning in 1983.
Section 131 permits the continued payment of OASDI benefits to (1) surviving divorced spouses who remarry after age 60, (2) disabled widow(er)s who remarry after age 50 and (3) disabled surviving divorced wives who remarry after age 50; effective for benefits paid after 12/31/83.
Section 132(a) amends section 202(b) of the Social Security Act to entitle the divorced wife of an individual who is not entitled to old-age or disability benefits, but who is age 62 and is a fully insured individual, to wife's insurance benefits if criteria for such benefits under Title II are met and the divorce has been final for at least 2 years; effective for benefits paid in month after 12/31/84, but filed on or after 1/1/85.
Section 132(b)(2) amends section 203(d)(1) of the Social Security Act to make deductions on the basis that the outside income limitation is inapplicable to a divorced spouse's benefits; provides that the benefits of all other persons entitled to benefits based on the same earnings record will be determined as if the divorced spouse of such individual were not entitled to wife's or husband's benefits based on such earnings record; effective after 12/84 but only on basis of applications filed on or after 1/1/85.
Section 133(a)(1) amends section 202(e)(2) of the Social Security Act to provide that in the computation of benefits for a surviving spouse of an individual who died prior to attainment of age 62, such individual's PIA shall be determined based on the year in which the surviving spouse becomes entitled to benefits if it results in a higher benefit than the current method; effective for months after December 1984 who first meet criteria for entitlement (other than making application) after December 1984.
Section 134 amends section 202(q)(1) of the Social Security Act to increase OASDI benefits for disabled widow(er)s entitled before age 60 to the level of benefits payable to widows and widowers who become entitled at age 60; effective for months after December 1983.
Section 141 amends Titles II and XVIII of the Social Security Act to require that OASDI and HI tax receipts be transferred from the Treasury to the OASI, DI and HI trust funds (as appropriate) monthly on the first day of each calendar month; and, sets forth loan conditions and requirements; effective on the 1st day of the month following the month of enactment.
Section 142 extends until January 1988 the authority for borrowing among the OASI, DI and HI Trust Funds whenever the Managing Trustee of the Trust Funds determines additional funds are needed to pay benefits from one of the funds.
Section 143 amends Title II of the Social Security Act to require the Board of Trustees of the OASI, DI, HI and SMI Trust Funds to recommend to Congress the statutory adjustments necessary whenever the balance of one of the Trust Funds become inadequate to provide timely payment of benefits.
Section 151 amends Title II of the Social Security Act to require the lump sum reimbursement of the OASI, DI and HI Trust Funds by the Treasury for the cost of past and future benefits attributable to noncontributory military wage credits for service before 1957.
Section 152 requires the Sec. of Treasury to credit either the OASI or DI Trust Fund, as appropriate, for the amount of all benefit checks issued under Title II which have not been negotiated within 12 months after issuance.
Section 153 requires the Secs. of HHS and Treasury to jointly undertake a study on the maintenance and adjustment of the float periods between the issuance of Title II benefit checks from the General Fund in the Treasury and the transfer of amounts to reimburse the General Fund from the OASI or DI Trust Fund; requires the Secs. to report their findings to the President and Congress; provides the Sec. of Treasury to adjust procedures with respect to the float periods based upon the study.
Section 154 amends Titles II and XVIII of the Social Security Act to require that the Board of Trustees' annual report on the status of the Trust Funds include an actuarial opinion by the OACT of SSA or by the Chief Actuarial Officer of HCFA.
Section 201(a) gradually raises the age at which full OASDI benefits are payable from 65 to 67, beginning with individuals who reach early retirement age in 2000.
Section 201(d) requires the Sec. of HHS to conduct a study on the implications of the change in retirement age in the case of individuals who, because they are engaged in physical work or are unable to extend their employment because of health reasons, may not benefit from such change; report to Congress due by 1/1/86.
Section 301 enables a divorced man to qualify for husband's insurance benefits under Title II on the same basis as a divorced woman may qualify for wife's benefits; effective month after month of enactment.
Section 302 enables a widower to qualify for survivor's benefits based upon a deceased wife's earnings if he remarries before age 60 but is unmarried when he applies for benefits.
Section 303 permits methods used to establish paternity to be used to establish maternity in order to determine whether an applicant for benefits qualifies as a child of the insured.
Section 304 enables husbands and widowers of women who have transitional insured status to receive benefits based on their wives' records.
Section 305 equalizes benefits for husbands and wives who both qualify for the special benefits for individuals who reached age 72 before 1968; effective month after month of enactment.
Section 306 extends benefits to a widowed or surviving divorced father who has a child of the deceased in his care; effective month after month of enactment.
Section 307 repeals the requirement that an individual's wife's, child's, widow's, mother's or parent's insurance benefit entitlement be terminated if such individual marries a person entitled to child's insurance benefits and such person ceases to be so entitled; effective month after month of enactment.
Section 308 permits widowers of veterans to waive payment of a civil service survivor's annuity based on credit for military service which may be used to enable such widowers to qualify for survivor's benefits; effective month after month of enactment.
Section 309 requires deductions from OASDI benefits in the case of husbands or widowers who do not have children in their care; effective month after month of enactment.
Section 321 amends the IRC and Title II of the Social Security Act to permit any American employer to enter into agreements with the Sec. of HHS to extend OASDI coverage to US citizens or residents employed by foreign affiliates of such employers.
Section 322 includes as "employment" for purposes of Title II any service which is designated as employment or recognized as the equivalent of employment under an international Social Security agreement pursuant to which an individual may be entitled to benefits based on periods of coverage under both the US system and the system of a foreign country; and provides Social Security coverage for non-resident aliens who are covered under such an agreement; effective for taxable years beginning on or after date of enactment.
Section 323 provides for OASDI coverage of US residents who perform services outside the US for American employers; effective of remuneration paid after 12/31/83.
Section 326 revises the effective dates for International Social Security agreements.
Section 327 excludes from "wages" for purposes of OASDI coverage the value of meals or lodging furnished by or on behalf of an employer if it is reasonable to believe that the employee will be able to exclude such items from gross income; effective for numeration paid after 12/31/84.
Section 328 makes the employee contribution to a simplified employee pension taxable for OASDI purposes; excludes from "wages" for purposes of OASDI coverage employer contributions to a simplified employee pension if, at time of payment, it is reasonable to believe that the employee will be entitled to a deduction from adjusted gross income for such payment; effective for numeration paid after 12/31/84.
Section 331 amends Title II of the Social Security Act to revise the computation method for the FMAX; effective for payments made for months after 12/83.
Section 332 relaxes the insured status requirements for certain workers previously entitled to disability benefits; effective with applications filed after date of enactment.
Section 333 provides that an acknowledgment, court decree or court order with respect to illegitimate children of disabled beneficiaries shall be treated as occurring on the first day of the month in which it actually occurs for purposes of determining eligibility; effective on date of enactment.
Section 334 permits entitlement to widow's and widower's benefits for the month immediately preceding the month of application if the insured individual died in that preceding month; effective with applications filed June 1983 or later.
Section 336 requires the Sec. to establish a program under which States voluntarily contract with HHS to furnish information on death certificates filed with them so that necessary corrections may be made to the beneficiary records maintained under the Social Security program.
Section 337 amends Title II of the Social Security Act to decrease the amount by which the OASDI benefits payable to a spouse, surviving spouse or mother must be reduced on the account of any monthly benefits which such individual may receive from a Federal or State pension plan, not covered by Social Security, from the full amount of such pension to two-thirds of the amount of such pension; effective with months of eligibility after 6/83.
Section 338 establishes the Joint Study Panel on the SSA, which shall study and report to Congress, not later than 4/1/84, on removing SSA from HHS and establishing it as an independent agency.
Section 339(a)(2) prohibits the payment of OASDI benefits to an incarcerated felon, unless such individual is actively and satisfactorily participating in a court-approved rehabilitation program and is expected to be able to engage in SGA upon release and within a reasonable time.
Section 339(a)(3)requires Federal, State and local agencies to make available to the Sec., upon written request, the names and SSNs of all incarcerated felons under their jurisdiction; effective for monthly benefits payable for months beginning on or after date of enactment.
Section 340 permits payment to an alien outside the US, who meets specified exceptions to section 202(t)(1) of the Act, of spouse's, surviving spouse's, parent's and mother's insurance benefits only if such individual has resided in the US for not less than 5 years and, while so residing, had the required relationship to the person on whose wages and SEI such payment is based; permits payment of child's insurance benefits to an individual outside the U.S. who meets specified exceptions to section 202(t)(1) of the Act if such individual has resided in the U.S. for not less than 5 years or such individual's parents have met such residency requirements; effective with respect to any individual who initially becomes eligible for benefits after 12/31/84.
Section 341 amends Titles II and XVIII of the Social Security Act to require the addition of 2 members of the public, not from the same political party, to the Board of Trustees of the Social Security Trust Funds.
Section 342 requires State and local governments to deposit Social Security taxes withheld pursuant to State coverage agreements in the Treasury on a bi-weekly basis; effective for calendar months beginning after 12/31/83.
Section 343 requires the Sec. of HHS to develop legislative proposals that would combine earnings of a husband and wife during the period of their marriage and divided these combined earnings equally between them for Social Security benefit purposes and report to Congress not later than 7/1/84.
Section 345 requires the Sec. to issue new and replacement SSN cards which are made of banknote paper and which cannot (to the maximum extent practicable) be counterfeited; effective within 90 days after date of enactment. The Sec. shall report to Congress on plans to implement this section.
Section 347 revises the limitation on the amount of income which a beneficiary may earn without incurring a reduction in benefits; effective for individuals attaining FRA after 12/89.
Section 401(a)(1) amends section 1617 of the Social Security Act to provide for a $20 increase in the Federal SSI benefit standard for an individual and a $30 increase for a married couple; effective 7/1/83.
Section 403 permits aged, blind or disabled individuals living in public emergency shelters for the homeless to receive SSI benefits for up to 3 months during any 12-month period; effective for all months after month of enactment.
Section 404 amends section 1612(b)(13) of the Social Security Act to exclude from income for purposes of the SSI program any support or maintenance assistance furnished to a family based on need, including home energy assistance; effective for all months which begin after month of enactment and before 10/1/84.
Section 405 requires the Sec., before 7/1/84, to notify all elderly OASDI beneficiaries who may be eligible for SSI of the availability of the program and to encourage individuals to contact Social Security offices for further information; requires that such notification be included when notifying OASDI beneficiaries of their eligibility for SMI.

PL 98-63 Supplemental Appropriations Act, 1983 (enacted 7/30/83)

Title I, Chapter VIII appropriates $1.3 billion for payments to Social Security Trust Funds for expenses authorized by PL 98-21, section 152.
Title II (under HHS) allocates $500,000 for the "Assistance Payments Program".

PL 98-64 Providing for Per Capita Payments to Indians by Tribal Governments (enacted 8/2/03)

Section 2 excludes from income and resources for SSI and AFDC program purposes the funds to be distributed under the terms of this Act.

PL 98-67 Interest and Dividend Tax Compliance Act of 1983 (enacted 8/5/03)

 

 Section 109(a) requires any payor of interest or dividend income who is required to file more than 50 information returns to file such returns on magnetic media; effective 1/1/84.
Section 109(b) requires the Sec. of Treasury, in consultation with the Sec. of HHS, to conduct a study of the feasibility of requiring persons to file, on magnetic media, W-2 reports concerning wage income; report due to Congress by 7/1/84.

PL 98-76 Railroad Retirement Solvency Act of 1983 (enacted 8/12/83)

Section 101 amends section 3(a) of the Railroad Retirement Act of 1974 to make certain disabled railroad employees eligible for DI under the Social Security Act; effective 1/1/85.

PL 98-94 Continuing Appropriations for Fiscal Year 1984 (enacted 9/24/83)

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1984
Section 101(f) provides appropriations as necessary to continue the Professional Standards Review Organization program of the Social Security Act.

Continuing Appropriations Resolutions

 PL 98-107 (10/1/83 - 11/10/83)
PL 98-151 (11/10/83 - 9/30/84)
Making continuing appropriations for FY 1984 at FY 1983 levels until enactment of permanent FY 1984 appropriations.

PL 98-117 An Act to Amend the Omnibus Reconciliation Act of 1982 (enacted 10/11/83)

Section 1 provides that the figure used in determining hourly rates of pay for Federal employees not be changed before the comparability adjustment in the rates of pay for such employee has been made for FY 1984; effective 10/1/83.

PL 98-118 Federal Supplemental Compensation Act of 1982

 Section 2 amends section 223(g)(3)(B) of the Social Security Act to extend until 12/7/83 the period for which the provisions continuing payment of DIB during appeal are applicable.
Section 4 delays by 2 years the application of amendments made by PL 98-21, section 101(c) and provides that remuneration received by retired Federal judges for continuing to perform judicial services shall not be treated as wages for Social Security tax purposes until 1/1/86. 

PL 98-123 An Act to provide for the use and distribution of funds awarded the Red Lake Band of Chippewa Indians in docket numbered 15-72 of the United States Court of Claims (enacted 10/13/83)

Section 3 provides that judgment funds received by the Red Lake Band of Chippewa Indians be excluded from any determination of eligibility or assistance under a Federal, State or local program, including SSI.

PL 98-124 An Act to provide for the use and distribution of funds awarded the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Community, Montana, in docket numbered 10-81L by the US Court of Claims, and for other purposes (enacted 10/13/83)

 Section 5 provides that judgment funds received by the Assiniboine Tribe shall not be considered as I&R when determining eligibility for assistance under the Social Security Act, including SSI.

PL 98-139 Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1984 (enacted 10/31/83)

 

 Title II makes appropriations for payments to Social Security Trust Funds and the SSI program.

PL 98-144 A Bill to Amend Title 5, USC, to Make the Birthday of Martin Luther King, Jr., a Legal Public Holiday (enacted 11/2/83)

Section 1 designates the 3rd Monday in January as a legal public holiday to commemorate the birthday of Martin Luther King, Jr.; effective 1/1/86.

PL 98-168 Federal Physicians Comparability Allowance Amendments of 1983 (enacted 11/29/83)

Title II - Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983
Section 204 limits to 1.3 percent the amount of an employee's basic pay that a Federal agency may deduct as such employee's contribution to a Federal retirement system, if such employee is required to pay OASDI taxes; applies such limitation with respect to service performed after 12/31/83 and before the earlier of the effective date of a new government retirement system or 1/1/86.

PL 98-224 Civil Service Miscellaneous Amendments of 1983 (enacted 3/2/84)

Section 2 permits an ALJ to be reappointed for a specified period or for such period as may be necessary to conduct and complete the hearing and disposition of 1 or more specified cases.

PL 98-270 Omnibus Budget Reconciliation Act of 1983 (enacted 4/18/84)

 

 Section 201(a) changes the effective date of civil service retirement COLAs to December 1st based on the percent change in the price for the base quarter (defined as quarter ending on September 30th) of such year over the price index for the base quarter for the preceding year; effective 10/1/83.
Section 201(b)(1) declares that such change shall take effect on the date of enactment, except that no adjustment shall be made during period beginning on enactment date and ending 11/30/84; effective 10/1/83.
Section 202(a)(1) sets the overall percentage adjustment in the rates of pay under the GS and other statutory pay systems at 4 percent; effective 10/1/83.
Section 202(a)(2) amends the PL 97-253 to change the effective date of the COLA for Federal employees to January 1st of each year; effective 10/1/83.

PL 98-369 Deficit Reduction Act of 1984 (enacted 7/18/84)

Section 2201(a) prohibits payment of any government annuity or retired or retirement pay for any month before the first business day of the succeeding month; effective 10/14/83.
Section 2202(a) delays the FY 1984 COLA in the pay for prevailing rate employees for 90 days; effective 10/14/83.
Section 2203 repeals a provision of PL 97-253 which requires the amount of a COLA in the retired or retainer pay of a member or former member of the uniformed services to be deducted from the pay of such individual holding a civilian position with the government; effective 10/14/83.
Section 2205 amends PL 97-253 to extend the applicability of provisions concerning deposits for civil service retirement credit for military service after 1956 to employees who retire prior to 10/1/85; effective 10/14/83.
Section 2206(b)(1) extends until 9/15/84 the period during which certain Federal officers and employees may make or change of election concerning retirement coverage under Title II of PL 98-168.
Section 2207 provides a 4 percent pay increase to Federal judges; effective 1/1/84 (retroactive).
Section 2302 extends for 2 years provisions of Part B of Title XVIII of the Social Security Act which set Part B enrollee premiums.
Section 2338 waives the Medicare Part B delayed enrollment penalty and provides a special enrollment period for working individuals aged 65 to 69 who were enrolled in private health plans.
Section 2601(a) amends Title II of the Social Security Act and the IRC to provide that a Federal employee who has been continuously performing service since 12/31/83 shall not be covered under OASDI if such employee returned to Federal service after being detailed to an international organization, working for the American Institute of Taiwan or performing service in the armed forces for less than 366 consecutive days; effective for services performed after 12/31/83.
Section 2601(d) provides that a legislative branch employee who receives a lump-sum payment of his or her contributions to the CSRS or who has any legislative branch employment which is not subject to such system may not be exempt from coverage under OASDI.
Section 2601(e) provides that for purposes of OASDI coverage, employees of nonprofit organizations who are covered on a mandatory basis by CSRS shall be treated as Federal employees; effective for services performed after 12/31/83.
Section 2602 requires the Sec. to develop and implement procedures to avoid the payment of more than the correct amount of OASDI benefits to any individual as a result of such individual's failure to file a correct report or estimate of wages or earnings.
Section 2603(a)(1) permits a church or qualified church-controlled organization to elect to have services performed in the employ of such church or organization excluded from employment for purposes of OASDI coverage if such church states that it is opposed for religious reasons to the payment of Social Security taxes; applicable to services performed after 12/31/83.
Section 2603(b) amends the IRC to prohibit the revocation of such election but shall authorize the Sec. of Treasury to revoke an election for continuing failure to provide required information with respect to remuneration paid for services by the church or organization; effective for services performed after 12/31/83.
Section 2603(c) provides that wages of less than $100 for a CY paid to an employee of an electing church or organization shall not be included as SEI; effective for services performed after 12/31/83.
Section 2611 amends title XVI of the Social Security Act to increase for the next 5 years the resources limit (1) for individuals, by $100 per year from $1,500 to $2,000 and (2) for couples, by $150 per year from $2,250 to $3,000; effective 1985-1989.
Section 2612 provides that in situations where there has not been fraud in connection with an SSI O/P, such O/P shall be recovered through adjustments in future benefits in amounts not exceeding the lesser of (1) the monthly benefit or (2) an amount equal to 10 percent of a beneficiary's monthly income; permits a recovery rate adjustment at the beneficiary's request if the Sec. determines such request is justified.
Section 2613 provides that if an SSI O/P is attributable to the possession of resource(s) which exceed the applicable limit by $50 or less, no adjustment shall be made in SSI benefits, unless the SSI recipient knowingly and willfully failed to report the correct value of the resource(s).
Section 2614 excludes from resources, for 6 months from date of receipt, SSI U/P amounts received.
Section 2615 provides for adjustments in certain SSI benefits made because of retroactive OASDI benefits received; effective beginning with seventh month following month of enactment.
Section 2616 provides, with respect to the exclusion from income of certain "Alaska bonus payments," that in addition to meeting the present requirements for exclusion an individual on or before 9/30/85 must become an SSI eligible individual and satisfy the 25-year residency requirement as was in effect prior to 1/1/83.
Section 2639 provides that in-kind assistance furnished by a nonprofit agency or a supplier of home heating oil or gas shall be disregarded from income for needs-based programs until 10/1/87.
Section 2651 requires various state-administered programs to participate in income and eligibility verification including requesting wage and other information from SSA and IRS; effective 9/30/86.

PL 98-378 Child Support Enforcement Amendments of 1984 (enacted 8/16/1984)

Section 19 provides for the disclosure of an absent parent's SSN to child support agencies by the Sec. of HHS (through the Parent Locator Service) and the Sec. of Treasury.

PL 98-397 Retirement Equity Act of 1984 (enacted 4/23/84)

Title 1 - Amendments to the Employee Retirement Income Security Act of 1974
Section 102(a) lowers from age 25 to 21 the age limitation for minimum participation and vesting standards for pension plans.
Section 102(b) lowers from age 22 to age 18 the age limitation for the computation of periods of service.
Section 102(c) states that years of service may be disregarded when computing periods of service for participation or vesting purposes if breaks in service during such a period amounted to 5 or more 1-year breaks.
Section 102(e) treats breaks in service due to pregnancy, birth or adoption of a child as completed hours of service according to a specified formula and accords such treatment only in the year of the pregnancy, birth or adoption, and only to participants who could incur a 1-year break in service without such treatment
Section 103 requires pension plans which provide life annuity benefits to pay such benefits in the form of a qualified joint and survivor annuity and to provide qualified pre-retirement survivor annuities for the life of the surviving spouse if a vested participant dies before the annuity starting date.

Continuing Appropriations Resolutions

PL 98-441 (10/1/84 - 10/3/84) (enacted 10/3/84)
PL 98-453 (10/3/84 - 10/5/84)(enacted 10/5/84)
PL 98-455 (10/5/84 - 10/9/84)(enacted 10/6/84)
PL 98-461 (10/9/84 - 10/11/84)(enacted 10/10/84)
Making continuing appropriations for FY 1985 at FY 1984 levels until enactment of permanent FY 1985 appropriations.

PL 98-460 Social Security Disability Benefits Reform Act of 1984 (enacted 10/9/84)

Section 2 provides that DIB beneficiaries may be determined not to be entitled if there is substantial evidence that (1) there has been medical improvement so the individual can engage in SGA (2) the individual can engage in SGA as a result of medical/vocational therapy or technology, (3) the individual's impairment is not considered as disabling as it was at the time of most recent CDR and individual can engage in SGA or (4) if a prior determination was in error; effective 180 days after date of enactment.
Section 3(a) amends section 223(d)(5) of the Social Security Act by adding that an individual's statement as to pain or other symptoms shall not alone be conclusive evidence of disability and requires use of medically accepted findings which show the existence of a medical condition in determining disability; effective for determinations made prior to 1/1/87.
Section 3(b) directs the Sec. to appoint a commission to conduct a study on the evaluation of pain in determining whether an individual is disabled for purposes of Titles II and XVI of the Social Security Act and to submit such study to Congress by 12/31/85; terminates commission at time of submission.
Section 4 requires the Sec. to consider the combined effect of multiple impairments in determining whether an individual is unable to engage in SGA; effective for determinations made on or after first day of first month beginning 30 days after enactment.
Section 5(a) requires the Sec. to revise the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under 20 CFR 404 which are used to make disability determinations under Title II of the Social Security Act.
Section 5(b) prohibits SSA from conducting CDRs with respect to individuals previously determined to be disabled due to mental impairment until such revisions have been established by final regulation except in cases involving fraud or SGA.
Section 5(c) sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the revisions of the Sec. are established by final regulation.
Section 6 provides that when the Sec. initiates a review of a disability determination, the individual involved must be notified of the nature of such review, of the possibility that the review could result in the termination of benefits, and of the individual's right to provide medical evidence for such review; effective as soon as practicable after enactment.
Section 7(a) provides continuation of mother's and father's benefits during appeals to such individuals whose benefits are based on the disability of a child who has attained age 16 and extends the time period from 6/84 to 6/88 within which payment continuation during appeal may be made.
Section 7(b) permits an individual who has been found to be no longer eligible for disability and who has requested a hearing to elect to have payment continuation during the appeals period.
Section 7(c) requires the Sec. to study and report to Congress; effective as soon as practicable after enactment.
Section 8 amends section 221 of the Social Security Act by adding that an initial determination that an individual is no longer disabled in any case where there is evidence indicating the existence of a mental impairment, shall be made only if the Sec. has made every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and functional capacity assessment.
Section 9(a) requires the Sec. to prescribe regulations setting forth standards to be used by state DDS and Federal personnel in determining when a CE should be obtained in connection with disability determination no later than 180 days after enactment.
Section 9(b) requires the Sec. to consider all evidence available when determining whether an individual is disabled or continues to be disabled, and shall develop a complete medical history of at least the preceding 12 months for any case in which a determination is made that the individual is not under a disability; effective for determinations made on or after enactment.
Section 10 amends section 221 of the Social Security Act by adding subsection (k) which requires the Sec. to establish by regulation uniform standards to be applied at all levels of determination, review, and adjudication in determining whether individuals are disabled as defined in section 216(i) or 223(d).
Section 12(a) directs the Sec. to appoint members of the next Advisory Council on Social Security prior to 6/1/85.
Section 12 (b) requires the Council to include in its review and report, studies, and recommendations with respect to the medical and vocational aspects of disability including the effectiveness of VR programs, alternative work evaluations for Title XVI recipients and others.
Section 13 requires the Sec., within 120 days after enactment, to report to Congress on actions taken to ensure that staff attorneys gain the necessary experience to compete for ALJ positions.
Section 14(a) extends through 6/30/87 benefits and Medicaid eligibility for severely impaired SSI recipients who perform SGA.
Section 14(b) amends section 1619 of the Social Security Act to require Secs. of HHS and Education to jointly develop and disseminate information and to establish training programs for staff personnel with respect to the availability of benefits and services for such individuals.
Section 15 requires the Sec. to promulgate final regulations within 180 days after enactment of this Act establishing standards to be used in determining the frequency of periodic eligibility reviews under title II of the Social Security Act and provides that no individual may be reviewed more than once pending the issuance of such regulations.
Section 16 requires that certification with respect to a RP of a beneficiary be made on the basis of an investigation carried out prior to certification or within 45 days after such certification; directs the Sec. to establish a system of accountability monitoring whereby a RP would report at least annually on the use of payments he/she receives unless RP is a State or Federal institution; requires the Sec. report to Congress within 270 days after enactment of this Act on the number of cases involving payee changes, number of cases involving misused funds, and other criteria.
Section 17 requires the Sec. to conduct investigations with respect to, and monitor, States which fail to make disability determinations in compliance with Federal regulations and to administer a State's determinations if such State, having been notified of its noncompliance, continues its noncompliance; this provision terminates 12/31/87.

PL 98-473 Continuing Appropriations for FY 1985 (enacted 10/12/84)

Section 1212 requires the Secretary of the Treasury to provide that all Social Security checks contain a printed notice that the commission of forgery in conjunction with the cashing of such a check constitutes a violation of the Federal law and applies to checks issued for months after the ninth month after date of enactment.

PL 98-500 Old Age Assistance Claims Settlement Act (enacted 10/19/84)

Section 8 exempts the funds distributed under this Act from being used as a basis to deny or reduce any Federal benefits for which a party would otherwise be eligible under the Social Security Act or, except for per capita shares over $2,000, any Federal or Federally-assisted program, including SSI.

PL 98-604 A Bill to Ensure the Payment in 1985 of Cost of Living Increases under the OASDI Program in Title II of the Social Security Act (enacted 10/30/84)

Section 1 provides that there will be a COLA in benefits under Title II of the Social Security Act for 1985 without regard to whether the 3 percent threshold is met.
Section 2 directs the OACT of SSA to conduct a study on possible improvements in the application and operation of COLA provisions under Title II and requires a report to Congress by 9/1/85.

PL 98-615 Civil Service Retirement Spouse Equity Act of 1984 (enacted 11/8/84)

Section 2 amends section 8339(j)(1) of title 5 USC to require a reduction in the civil service annuity of a Federal employee or Member of Congress in order to provide a survivor annuity for his/ her spouse, unless the employee or Member and spouse jointly waive the spouse's right to a survivor annuity at the time of the employee's or Member's retirement.

Section 2 also amends section 8339(j)(3) of title 5 USC to permit an employee or Member to elect to receive a reduced annuity in order to provide a survivor annuity for a former spouse, provided that such election (1) does not conflict with existing court orders, (2) would not cause the total survivor annuities provided by such employee or member to exceed 55 percent of his/her annuity or (3) is made with the consent of the current spouse.

PL 98-619 Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985 (enacted 11/8/84)

 Title II - Department of Health and Human Services Appropriation Act, 1985
Makes appropriations to SSA for payments to Social Security Trust Funds, special benefits for disabled coal miners, and the SSI program.