H.R. __ is being considered on the floor under a suspension of the rules, requiring a two-thirds majority vote for passage on Tuesday, December 8, 2009. This legislation was introduced by Rep. John Tanner (D-TN) on December 7, 2009, and was referred to the Committee on Ways and Means, which took no official action.
H.R. __ would prohibit any individual from receiving a retroactive Social Security payment for any period of time during which that individual is a prisoner, fugitive felon, or a probation or parole violator. Specifically, the prohibition would apply to an individual who is an inmate of jail, prison, or other penal institution or correctional facility or who is in violation of their terms of probation or parole.
The bill would apply to any payments that would otherwise be made on or after the date of the enactment of the bill.
Retroactive Social Security benefits, commonly known as back pay, are monthly benefits that individuals may be entitled to before the month they actually apply for Social Security if eligible. For instance, an individual applying for Social Security in June may have been eligible to receive the same benefit since February, and could be entitled to receive back pay.
Under current law, Social Security benefits are not paid for the months you have been sentenced to a jail, prison or a correctional facility or are confined to certain public institutions for committing a crime. In addition, no benefits can be paid for any month in which you violate a condition of your probation or parole. This legislation would seek to ensure that the prohibition against prisoners receiving Social Security benefits would apply to Social Security back pay as well, so a person could not receive retroactive payment for a period when they were incarcerated.
The Congressional Budget Office (CBO) has not yet produced a cost estimate for this bill as of press time.
