118 STAT. 534 PUBLIC LAW 108–203—MAR. 2, 2004 (3) by inserting before the period the following: ‘‘, or (ii) with respect to whom the Commissioner has information that the pattern of wages or self employment income indicate a likelihood of noncovered employment’’. (b) EXPLANATION IN SOCIAL SECURITY ACCOUNT STATEMENTS OF POSSIBLE EFFECTS OF PERIODIC BENEFITS UNDER STATE AND LOCAL RETIREMENT SYSTEMS ON SOCIAL SECURITY BENEFITS.—Sec tion 1143(a)(2) of the Social Security Act (42 U.S.C. 1320b–13(a)(2)) is amended— (1) in subparagraph (C), by striking ‘‘and’’ at the end; (2) in subparagraph (D), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(E) in the case of an eligible individual described in para graph (3)(C)(ii), an explanation, in language calculated to be understood by the average eligible individual, of the operation of the provisions under sections 202(k)(5) and 215(a)(7) and an explanation of the maximum potential effects of such provi sions on the eligible individual’s monthly retirement, survivor, and auxiliary benefits.’’. (c) TRUTH IN RETIREMENT DISCLOSURE TO GOVERNMENTAL EMPLOYEES OF EFFECT OF NONCOVERED EMPLOYMENT ON BENEFITS UNDER TITLE II.—Section 1143 of the Social Security Act (42 U.S.C. 1320b–13) is amended further by adding at the end the following: ‘‘Disclosure to Governmental Employees of Effect of Noncovered Employment ‘‘(d)(1) In the case of any individual commencing employment on or after January 1, 2005, in any agency or instrumentality of any State (or political subdivision thereof, as defined in section 218(b)(2)) in a position in which service performed by the individual does not constitute ‘employment’ as defined in section 210, the head of the agency or instrumentality shall ensure that, prior to the date of the commencement of the individual’s employment in the position, the individual is provided a written notice setting forth an explanation, in language calculated to be understood by the average individual, of the maximum effect on computations of primary insurance amounts (under section 215(a)(7)) and the effect on benefit amounts (under section 202(k)(5)) of monthly peri odic payments or benefits payable based on earnings derived in such service. Such notice shall be in a form which shall be pre scribed by the Commissioner of Social Security. ‘‘(2) The written notice provided to an individual pursuant to paragraph (1) shall include a form which, upon completion and signature by the individual, would constitute certification by the individual of receipt of the notice. The agency or instrumentality providing the notice to the individual shall require that the form be completed and signed by the individual and submitted to the agency or instrumentality and to the pension, annuity, retirement, or similar fund or system established by the governmental entity involved responsible for paying the monthly periodic payments or benefits, before commencement of service with the agency or instrumentality.’’. (d) EFFECTIVE DATES.—The amendments made by subsections (a) and (b) of this section shall apply with respect to social security account statements issued on or after January 1, 2007. Applicability. 42 USC 1320b–13 note.
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