42 U.S.C. § 909 — Delivery of benefit checks

Page 2498 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 908 mittee thereof, is authorized to hold such hear- ings, sit and act at such times and places, and take such testimony, with respect to matters with respect to which it has a responsibility under this section, as the Commission or such committee may deem advisable. The Chairman of the Commission or any member authorized by him may administer oaths or affirmations to witnesses appearing before the Commission or before any committee thereof. (f) Data and information from other Federal de- partments and agencies The Commission may secure directly from any department or agency of the United States such data and information as may be necessary to en- able it to carry out its duties under this section. Upon request of the Chairman of the Commis- sion, any such department or agency shall fur- nish any such data or information to the Com- mission. (g) Administrative support services from General Services Administration; reimbursement The General Services Administration shall provide to the Commission, on a reimbursable basis such administrative support services as the Commission may request. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 95–216, title III, § 361, Dec. 20, 1977, 91 Stat. 1556; Pub. L. 96–265, title V, § 502, June 9, 1980, 94 Stat. 470; Pub. L. 98–369, div. B, title III, § 2349(b)(3), July 18, 1984, 98 Stat. 1097.) Editorial Notes REFERENCES IN TEXT Level V of the Executive Schedule, referred to in sub- sec. (d)(1), is set out in section 5316 of Title 5, Govern- ment Officers and Employees. CODIFICATION Section was enacted as part of the Social Security Amendments of 1977, and not as part of the Social Secu- rity Act which comprises this chapter. AMENDMENTS 1984—Subsec. (i). Pub. L. 98–369 struck out subsec. (i) which provided for notice of and attendance at meet- ings of the Health Insurance Benefits Advisory Council. 1980—Subsec. (a)(2)(F). Pub. L. 96–265, § 502(a), sub- stituted ‘‘a term which shall end on April 1, 1981’’ for ‘‘a term of two years’’. Subsec. (c)(2). Pub. L. 96–265, § 502(b), substituted ‘‘and the Commission shall cease to exist on April 1, 1981’’ for ‘‘and upon the submission of such final report the Com- mission shall cease to exist’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. B, title III, § 2349(c), July 18, 1984, 98 Stat. 1097, provided that: ‘‘The amendments made by this section [amending this section and section 1395z of this title and section 231f of Title 45, Railroads, and re- pealing section 1395dd of this title] shall become effec- tive on the date of the enactment of this Act [July 18, 1984].’’ § 908. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title VII, § 707, as added Jan. 2, 1968, Pub. L. 90–248, title IV, § 401, 81 Stat. 930, related to grants for expansion and development of undergraduate and graduate programs in the fiscal year ending June 30, 1969, and each of the three succeeding fiscal years. § 909. Delivery of benefit checks (a) Saturdays, Sundays, and holidays If the day regularly designated for the deliv- ery of benefit checks under subchapter II, VIII, or XVI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without re- gard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued. (b) Recovery of overpayments If more than the correct amount of payment under subchapter II, VIII, or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 404 or 1383(b) of this title or otherwise) to recover such payment or the incorrect portion thereof. (c) Early delivery For purposes of computing the ‘‘OASDI trust fund ratio’’ under section 401(l) of this title, the ‘‘OASDI fund ratio’’ under section 415(i) of this title, and the ‘‘balance ratio’’ under section 910(b) of this title, benefit checks delivered be- fore the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date. (Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), Dec. 20, 1977, 91 Stat. 1543; amended Pub. L. 99–272, title XII, § 12111(a), Apr. 7, 1986, 100 Stat. 287; Pub. L. 106–169, title II, § 251(b)(5), Dec. 14, 1999, 113 Stat. 1855.) Editorial Notes AMENDMENTS 1999—Subsecs. (a), (b). Pub. L. 106–169 substituted ‘‘subchapter II, VIII,’’ for ‘‘subchapter II’’. 1986—Subsec. (c). Pub. L. 99–272 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title XII, § 12111(c), Apr. 7, 1986, 100 Stat. 288, provided that: ‘‘The amendments made by this section [amending this section and section 86 of Title 26, Internal Revenue Code] shall apply with re- spect to benefit checks issued for months ending after the date of the enactment of this Act [Apr. 7, 1986].’’ EFFECTIVE DATE Pub. L. 95–216, title III, § 333(b), Dec. 20, 1977, 91 Stat. 1544, provided that: ‘‘The amendment made by sub- Page 2499 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 911 section (a) of this section [enacting this section] shall apply with respect to benefit checks the regularly des- ignated day for delivery of which occurs on or after the thirtieth day after the date of the enactment of this Act [Dec. 20, 1977].’’ TIMING OF DELIVERY OF OCTOBER 1, 2000, SSI BENEFIT PAYMENTS Pub. L. 105–33, title V, § 5527, Aug. 5, 1997, 111 Stat. 625, provided that, notwithstanding the provisions of sec- tion 908(a) of this title, the day designated for delivery of benefit payments under subchapter XVI of this chap- ter for October 2000 would be the second day of that month, prior to repeal by Pub. L. 106–246, div. B, title V, § 5105, July 13, 2000, 114 Stat. 582. § 910. Recommendations by Board of Trustees to remedy inadequate balances in Social Secu- rity trust funds (a) Terms and conditions of recommendations If the Board of Trustees of the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of any such Trust Fund for any calendar year may become less than 20 percent, the Board shall promptly submit to each House of the Con- gress a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due re- gard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inad- equacy in a prudent manner. The report shall set forth specifically the extent to which bene- fits would have to be reduced, taxes under sec- tion 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the ob- jectives referred to in the preceding sentence. (b) ‘‘Balance ratio’’ defined For purposes of this section, the term ‘‘bal- ance ratio’’ means, with respect to any calendar year in connection with any Trust Fund referred to in subsection (a), the ratio of— (1) the balance in such Trust Fund as of the beginning of such year, including the taxes transferred under section 401(a) of this title on the first day of such year and reduced by the outstanding amount of any loan (including in- terest thereon) theretofore made to such Trust Fund under section 401(l) or 1395i(j) of this title, to (2) the total amount which (for amounts which will be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as estimated by the Commissioner, and for amounts which will be paid from the Federal Hospital Insurance Trust and the Federal Sup- plementary Medical Insurance Trust Fund, as estimated by the Secretary) will be paid from such Trust Fund during such calendar year for all purposes authorized by section 401, 1395i, or 1395t of this title (as applicable), other than payments of interest on, or repayments of, loans under section 401(l) or 1395i(j) of this title, but excluding any transfer payments be- tween such Trust Fund and any other Trust Fund referred to in subsection (a) and reduc- ing the amount of any transfers to the Rail- road Retirement Account by the amount of any transfers into such Trust Fund from that Account. (Aug. 14, 1935, ch. 531, title VII, § 709, as added Pub. L. 98–21, title I, § 143, Apr. 20, 1983, 97 Stat. 102; amended Pub. L. 99–272, title XII, § 12106, Apr. 7, 1986, 100 Stat. 286; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–296, title I, § 108(a)(3), Aug. 15, 1994, 108 Stat. 1481.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (a), is classified generally to Title 26, Internal Rev- enue Code. AMENDMENTS 1994—Subsec. (b)(2). Pub. L. 103–296 substituted ‘‘(for amounts which will be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as estimated by the Commissioner, and for amounts which will be paid from the Federal Hospital Insurance Trust and the Federal Supplementary Medical Insurance Trust Fund, as esti- mated by the Secretary)’’ for ‘‘(as estimated by the Secretary)’’. 1986—Subsec. (a). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Subsec. (b)(1). Pub. L. 99–272 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘the balance in such Trust Fund, reduced by the out- standing amount of any loan (including interest there- on) theretofore made to such Trust Fund under section 401(l) or 1395i(j) of this title, as of the beginning of such year, to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–272 effective on first day of month following April 1986, see section 12115 of Pub. L. 99–272, set out as a note under section 415 of this title. § 911. Budgetary treatment of trust fund oper- ations (a) The receipts and disbursements of the Fed- eral Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. (b) No provision of law enacted after December 12, 1985 (other than a provision of an appropria- tion Act that appropriated funds authorized under this chapter as in effect on December 12, 1985) may provide for payments from the general