Social Security Child's Insurance Benefits Restoration Act of 2005

Social Security Child's Insurance Benefits Restoration Act of 2005 - Amends title II (Old Age, Survivors' Insurance) (OASDI) of the Social Security Act to restore child's insurance benefits in the case of children age 18 through 22 who attend postsecondary schools.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4328 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4328

    To amend title II of the Social Security Act to restore child's 
insurance benefits in the case of children who are 18 through 22 years 
                of age and attend postsecondary schools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend title II of the Social Security Act to restore child's 
insurance benefits in the case of children who are 18 through 22 years 
                of age and attend postsecondary schools.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Child's Insurance 
Benefits Restoration Act of 2005''.

SEC. 2. RESTORATION OF CHILD'S INSURANCE BENEFITS IN THE CASE OF 
              CHILDREN WHO ARE 18 THROUGH 22 YEARS OF AGE AND ATTEND 
              POSTSECONDARY SCHOOLS.

    (a) In General.--Section 202(d) of the Social Security Act (42 
U.S.C. 402(d)) is amended--
            (1) in paragraphs (1)(B), (1)(E)(ii), (1)(F)(i), 
        (1)(G)(ii), (6)(D)(i), (6)(E)(i), (7)(A), (7)(B), and (7)(D), 
        by striking ``full-time elementary or secondary school 
        student'' each place it appears and inserting ``full-time 
        student'';
            (2) in paragraphs (1)(B)(i), (1)(F)(ii), (1)(G)(iii), 
        (6)(D)(ii), (6)(E)(ii), and (7)(D), by striking ``19'' each 
        place it appears and inserting ``22'';
            (3) in paragraphs (7)(A), (7)(B), and (7)(D), by striking 
        ``elementary or secondary school'' each place it appears and 
        inserting ``educational institution''; and
            (4) by striking paragraph (7)(C) and inserting the 
        following:
    ``(C) An `educational institution' is (i) a school or college or 
university operated or directly supported by the United States, or by 
any State or local government or political subdivision thereof, or (ii) 
a school or college or university which has been approved by a State or 
accredited by a State-recognized or nationally-recognized accrediting 
agency or body, or (iii) a non-accredited school or college or 
university whose credits are accepted, on transfer, by not less than 
three institutions which are so accredited, for credit on the same 
basis as if transferred from an institution so accredited.''.
    (b) Conforming Amendments.--Section 202(d) of such Act is amended 
further--
            (1) by striking paragraph (6)(A) and inserting the 
        following:
            ``(A)(i) is a full-time student or is under a disability 
        (as defined in section 223(d)), and (ii) has not attained the 
        age of 22, or'';
            (2) in paragraph (7)(A), by striking ``schools involved'' 
        and inserting ``institutions involved''; and
            (3) in paragraph (7)(D), by striking ``diploma or 
        equivalent certificate from a secondary school (as defined in 
        subparagraph (C)(i)'' and inserting ``degree from a four-year 
        college or university''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall apply to 
child's insurance benefits under section 202(d) of the Social Security 
Act for months ending after the date of the enactment of this Act.
    (b) Retroactive Treatment for Existing Students.--
            (1) In general.--A qualified student, upon filing 
        application for child's insurance benefits under section 202(d) 
        of the Social Security Act within 180 days after the date of 
        the enactment of this Act, shall be entitled to benefits under 
        such section as if--
                    (A) such student had filed application for such 
                benefits on the first date as of which such student was 
                a full-time student (as defined in section 202(d)(7)(A) 
                of the Social Security Act (as amended by this Act)) 
                and had attained the age of 18 but had not attained the 
                age of 22, and
                    (B) the amendments made by this Act applied with 
                respect to benefits for months ending after the date 
                described in subparagraph (A).
            (2) Qualified student.--For purposes of paragraph (1), the 
        term ``qualified student'' means an individual who--
                    (A) was not entitled to child's insurance benefits 
                under section 202(d) of the Social Security Act for the 
                month preceding the date of the enactment of this Act,
                    (B) has attained 18 years of age as of such date, 
                and
                    (C) as of such date, is a full-time student (as 
                defined in section 202(d)(7)(A) of the Social Security 
                Act (as amended by this Act)) and has not attained the 
                age of 22.
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