123STA T . 3 0 2 9PUBLIC LA W 111 – 11 5—DE C. 15 , 2009 PublicLaw1 11 – 11 5 111 thCongres s A n Act Toamendti t l e sI I and XV Io f t h e S o c ial Sec ur it yA ct to p rohi b it retroacti v e payments to individuals durin g periods for w hich such individuals are prisoners , fugitive felons, or probation or parole violators .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ NoS ocia l Sec ur ity B e n e f its for P risoners Act of 20 0 9’ ’ . SEC. 2 . P ROHI B ITION O F RETRO A CTI V E TITLE II AN D TITLE X VI PA Y-M ENTS TO PRISONERS , F UG ITIVE FELONS, AND PROBATION OR PAROLE VIOLATORS. ( a ) A MEND MEN TS T O T I T L E I I. — Section 20 4 (a)( 1 )(B) of the Social Security Act (42 U .S. C . 404(a)(1)(B)) is amended— (1) by stri k in g ‘‘(B) W ith’’ and inserting ‘‘(B)(i) Sub j ect to clause (ii) ,w ith’’
and (2) by adding at the end the following
‘‘(ii) No p ayment shall be made under this subparagraph to any person during any period for which monthly insurance benefits of such person— ‘‘(I) are subject to nonpayment by reason of section 202( x )(1), or ‘‘(II) in the case of a person whose monthly insurance benefits ha v e terminated for a reason other than death, would be subject to nonpayment by reason of section 202(x)(1) but for the termination of such benefits, until section 202(x)(1) no longer applies, or would no longer apply in the case of benefits that have terminated. ‘‘(iii) Nothing in clause (ii) shall be construed to limit the Commissioner’s authority to withhold amounts, make adjustments, or recover amounts due under this title, title V III or title X VI that would be deducted from a payment that would otherwise be payable to such person but for such clause.’’. (b) AMENDMENTS TO TITLE XVI.—Section 1 63 1(b) of such Act (42 U.S.C. 13 8 3(b)) is amended by adding at the end the following new paragraph: ‘‘( 7 )(A) In the case of payment of less than the correct amount of benefits to or on behalf of any individual, no payment shall be made to such individual pursuant to this subsection during any period for which such individual— ‘‘(i) is not an eligible individual or eligible spouse under section 1611(e)(1) because such individual is an inmate of a 42USC1305note.N oSo cial Sec ur it yB ene f it s for P risoners A ct of 200 9 . D ec. 15 , 2009 [H . R . 421 8]
