124 STAT. 831 PUBLIC LAW 111–148—MAR. 23, 2010 period in which the individual is a full-time student (as determined by the Secretary). ‘‘(II) APPLICABLE DOLLAR AMOUNT.—The applicable dollar amount described in this sub- clause is the amount equal to $5, increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for each year occurring after 2009 and before such year. ‘‘(iii) CLASS INDEPENDENCE FUND RESERVES.—At such time as the CLASS program has been in operation for 10 years, the Secretary shall establish all premiums to be paid by enrollees for the year based on an actu- arial analysis that accumulated reserves in the CLASS Independence Fund would not decrease in that year. At such time as the Secretary determines the CLASS program demonstrates a sustained ability to finance expected yearly expenses with expected yearly pre- miums and interest credited to the CLASS Independ- ence Fund, the Secretary may decrease the required amount of CLASS Independence Fund reserves. ‘‘(B) VESTING PERIOD.—A 5-year vesting period for eligi- bility for benefits. ‘‘(C) BENEFIT TRIGGERS.—A benefit trigger for provision of benefits that requires a determination that an individual has a functional limitation, as certified by a licensed health care practitioner, described in any of the following clauses that is expected to last for a continuous period of more than 90 days: ‘‘(i) The individual is determined to be unable to perform at least the minimum number (which may be 2 or 3) of activities of daily living as are required under the plan for the provision of benefits without substantial assistance (as defined by the Secretary) from another individual. ‘‘(ii) The individual requires substantial super- vision to protect the individual from threats to health and safety due to substantial cognitive impairment. ‘‘(iii) The individual has a level of functional limita- tion similar (as determined under regulations pre- scribed by the Secretary) to the level of functional limitation described in clause (i) or (ii). ‘‘(D) CASH BENEFIT.—Payment of a cash benefit that satisfies the following requirements: ‘‘(i) MINIMUM REQUIRED AMOUNT.—The benefit amount provides an eligible beneficiary with not less than an average of $50 per day (as determined based on the reasonably expected distribution of beneficiaries receiving benefits at various benefit levels). ‘‘(ii) AMOUNT SCALED TO FUNCTIONAL ABILITY.— The benefit amount is varied based on a scale of func- tional ability, with not less than 2, and not more than 6, benefit level amounts. ‘‘(iii) DAILY OR WEEKLY.—The benefit is paid on a daily or weekly basis. ‘‘(iv) NO LIFETIME OR AGGREGATE LIMIT.—The ben- efit is not subject to any lifetime or aggregate limit. Regulations. Determination.
