Emergency Unemployment Compensation Extension Act - Amends the Supplemental Appropriations Act, 2008 (SAA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before June 1, 2014.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until May 31, 2014, requirements that federal payments to states cover 100% of EUC.
Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and November 30, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.)
Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to May 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula.
Amends the SAA, 2008 to appropriate funds out of the employment security administration account through the first five months of FY2015 to assist states in providing reemployment and eligibility assessment activities.
Amends the Railroad Unemployment Insurance Act to extend through May 31, 2014, the temporary increase in extended unemployment benefits.
Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria.
(Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.)
Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.)
Amends the SAA, 2008 to require that the state reemployment services and in-person reemployment and eligibility assessment activities provided to EUC recipients include an assessment of the reasons why the individual continues to be unemployed and the actions he or she must undertake to improve his or her employment prospects (including through enrollment in a job retraining program under this Act if the state has made such an election).
Authorizes a state to elect to require an individual, as a condition of eligibility for EUC for any week, to:
Defines "community service" as unpaid service by an individual to a tax-exempt nonprofit organization or to a federal, state, or local agency.
Prohibits EUC payments to any individual for any week of unemployment during which the person fails to:
States that if any individual is ineligible for EUC for any week because of failure to meet these requirements, he or she shall be ineligible to receive EUC for any week which:
Prohibits the denial of EUC to any individual for any week because of failure to accept an offer of, or apply for, suitable work if:
Prohibits the use of federal funds to make payments of unemployment compensation to any individual whose adjusted gross income in the preceding year was at least $1 million.
Requires the Secretary of Labor, in coordination with the Director of the Office of Management and Budget (OMB), to report to appropriate congressional committees on the consolidation of federal job training programs and activities determined to be unnecessarily duplicative.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise the applicable percentages for determining minimum funding standards for single-employer defined benefit pension plans (funding stabilization). Exempts plans providing accelerated benefit distributions from the application of such standards.
Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for any month before an individual reaches retirement age, to reduce the total of the individual's monthly disability insurance benefits and any OASDI benefits based on wages and self-employment income by the total amount of any unemployment compensation (UC) received for that month (but not below zero). (Thus reduces the benefits based on receipt of UC.)
Applies this reduction to any past-due monthly disability insurance benefits for any month in which the individual was entitled both to them and to UC.
Makes the reduction inapplicable if the individual is entitled to UC for a month following a period of: (1) trial work, (2) participation in the Ticket to Work and Self-Sufficiency Program, or (3) participation in any other program designed to encourage an individual entitled to such benefits to work.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through FY2024 the authority of the Secretary of the Treasury to collect customs user fees for the processing of certain merchandise.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2097 Placed on Calendar Senate (PCS)]
Calendar No. 318
113th CONGRESS
2d Session
S. 2097
To provide for the extension of certain unemployment benefits, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2014
Mr. Heller (for himself, Ms. Collins, Mr. Portman, Ms. Murkowski, Mr.
Coats, Ms. Ayotte, and Mr. Kirk) introduced the following bill; which
was read the first time
March 10, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide for the extension of certain unemployment benefits, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Responsible
Unemployment Compensation Extension Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of emergency unemployment compensation program.
Sec. 3. Temporary extension of extended benefit provisions.
Sec. 4. Extension of funding for reemployment services and reemployment
and eligibility assessment activities.
Sec. 5. Additional extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 6. Flexibility for unemployment program agreements.
Sec. 7. Improvements to the emergency unemployment compensation
program.
Sec. 8. Requirement that individuals receiving emergency unemployment
compensation be actively engaged in a
systematic and sustained effort to obtain
suitable work.
Sec. 9. Ending unemployment payments to jobless millionaires and
billionaires.
Sec. 10. Consolidations of relevant job training programs and
activities.
Sec. 11. Funding stabilization.
Sec. 12. Reduction in benefits based on receipt of unemployment
compensation.
Sec. 13. Extension of customs user fees.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``January 1, 2014'' and inserting ``June 1, 2014''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendment made by section 2(a) of the
Responsible Unemployment Compensation Extension Act of
2014;''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.
(a) In General.--Section 2005 of the Assistance for Unemployed
Workers and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``May 31, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``November 30, 2014''.
(b) Extension of Matching for States With No Waiting Week.--Section
5 of the Unemployment Compensation Extension Act of 2008 (Public Law
110-449; 26 U.S.C. 3304 note) is amended by striking ``June 30, 2014''
and inserting ``November 30, 2014''.
(c) Extension of Modification of Indicators Under the Extended
Benefit Program.--Section 203 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``May 31, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``May 31, 2014''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND REEMPLOYMENT
AND ELIGIBILITY ASSESSMENT ACTIVITIES.
(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``through fiscal year 2014'' and inserting
``through the first five months of fiscal year 2015''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended--
(1) by striking ``June 30, 2013'' and inserting ``November
30, 2013''; and
(2) by striking ``December 31, 2013'' and inserting ``May
31, 2014''.
(b) Clarification on Authority To Use Funds.--Funds appropriated
under either the first or second sentence of clause (iv) of section
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of additional extended unemployment
benefits provided under such section 2(c)(2)(D) by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect on the
day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the Treasury
not otherwise appropriated, there are appropriated to the Railroad
Retirement Board $105,000 for administrative expenses associated with
the payment of additional extended unemployment benefits provided under
section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason
of the amendments made by subsection (a), to remain available until
expended.
SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State that
has enacted a law before December 1, 2013, that, upon taking
effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after December
29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in title IV of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C.
3304 note) shall preclude a State whose agreement under such title was
terminated from entering into a subsequent agreement under such title
on or after the date of the enactment of this Act if the State, taking
into account the application of subsection (a), would otherwise meet
the requirements for an agreement under such title.
SEC. 7. IMPROVEMENTS TO THE EMERGENCY UNEMPLOYMENT COMPENSATION
PROGRAM.
(a) Requirement That Reemployment Services and Reemployment and
Eligibility Assessment Activities Include an Assessment of Why the
Individual Is Still Unemployed and the Actions That the Individual Must
Undertake in Order to Improve Their Employment Prospects.--
(1) In general.--Section 4001(i)(2)(A)(ii) of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) is amended by inserting ``and an assessment
of the reasons why the individual continues to be unemployed
and the actions that the individual must undertake in order to
improve their employment prospects (including through
enrollment in a job retraining program under subsection (k)(1)
if the State has made the election under such section)'' before
the semicolon at the end.
(2) Effective date.--The amendment made by this subsection
shall apply on and after the date of the enactment of this Act.
(b) State Option to Require That an Individual Participate in a Job
Retraining Program or Perform Community Service in Order to Be Eligible
to Receive Emergency Unemployment Compensation.--
(1) In general.--Section 4001 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by adding at the end the following new
subsection:
``(k) State Option to Require That an Individual Participate in a
Job Retraining Program or Perform Community Service as a Condition of
Receiving Emergency Unemployment Compensation.--
``(1) In general.--Under an agreement under subsection (a),
a State may elect to require an individual, as a condition of
eligibility for emergency unemployment compensation for any
week, to meet the following for such week:
``(A) Participate in a state-approved job
retraining program.--The individual is participating in
a job retraining program approved by the State during
such week.
``(B) Perform community service if the state
determines that a job training program is not
appropriate.--If the State determines that
participation in a program under subparagraph (A) for
such week is not appropriate for the individual, in
lieu of such participation the individual performs at
least 20 hours of community service during such week.
For purposes of the preceding sentence, the term
`community service' means unpaid service by an
individual to an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 or to a
Federal, State, or local agency (as permitted in
accordance with applicable Federal, State, and local
law).
``(2) Application.--If the State makes the election under
paragraph (1)--
``(A) such election shall apply with respect to all
claimants for emergency unemployment in the State; and
``(B) the services and activities under subsection
(i) with respect to an individual, including the
assessments under paragraph (2)(A)(ii) of such
subsection, are required to begin prior to the
individual receiving emergency unemployment
compensation under this title.
``(3) Information.--If the State makes the election under
paragraph (1), an individual shall provide the State agency
with such information as the State agency may require to ensure
the individual is meeting the requirement under paragraph (1)
for a week.''.
(2) Effective date.--The amendment made by this subsection
shall apply to weeks of unemployment beginning on or after the
date of the enactment of this Act.
SEC. 8. REQUIREMENT THAT INDIVIDUALS RECEIVING EMERGENCY UNEMPLOYMENT
COMPENSATION BE ACTIVELY ENGAGED IN A SYSTEMATIC AND
SUSTAINED EFFORT TO OBTAIN SUITABLE WORK.
(a) In General.--Subsection (h) of section 4001 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended to read as follows:
``(h) Actively Seeking Work.--
``(1) In general.--For purposes of subsection (b)(4),
payment of emergency unemployment compensation shall not be
made to any individual for any week of unemployment--
``(A) during which the individual fails to accept
any offer of suitable work (as defined in paragraph
(3)) or fails to apply for any suitable work to which
the individual was referred by the State agency; or
``(B) during which the individual fails to actively
engage in seeking work, unless such individual is not
actively engaged in seeking work because such
individual is, as determined in accordance with State
law--
``(i) before any court of the United States
or any State pursuant to a lawfully issued
summons to appear for jury duty (as such term
may be defined by the Secretary); or
``(ii) hospitalized for treatment of an
emergency or a life-threatening condition (as
such term may be defined by the Secretary),
if such exemptions in clauses (i) and (ii) apply to
recipients of regular benefits, and the State chooses
to apply such exemptions for recipients of emergency
unemployment benefits.
``(2) Period of ineligibility.--If any individual is
ineligible for emergency unemployment compensation for any week
by reason of a failure described in subparagraph (A) or (B) of
paragraph (1), the individual shall be ineligible to receive
emergency unemployment compensation for any week which begins
during a period which--
``(A) begins with the week following the week in
which such failure occurs; and
``(B) does not end until such individual has been
employed during at least 4 weeks which begin after such
failure and the total of the remuneration earned by the
individual for being so employed is not less than the
product of 4 multiplied by the individual's average
weekly benefit amount for the individual's benefit
year.
``(3) Suitable work.--For purposes of this subsection, the
term `suitable work' means, with respect to any individual, any
work which is within such individual's capabilities, except
that, if the individual furnishes evidence satisfactory to the
State agency that such individual's prospects for obtaining
work in his customary occupation within a reasonably short
period are good, the determination of whether any work is
suitable work with respect to such individual shall be made in
accordance with the applicable State law.
``(4) Exception.--Extended compensation shall not be denied
under subparagraph (A) of paragraph (1) to any individual for
any week by reason of a failure to accept an offer of, or apply
for, suitable work--
``(A) if the gross average weekly remuneration
payable to such individual for the position does not
exceed the sum of--
``(i) the individual's average weekly
benefit amount for his benefit year, plus
``(ii) the amount (if any) of supplemental
unemployment compensation benefits (as defined
in section 501(c)(17)(D) of the Internal
Revenue Code of 1986) payable to such
individual for such week;
``(B) if the position was not offered to such
individual in writing and was not listed with the State
employment service;
``(C) if such failure would not result in a denial
of compensation under the provisions of the applicable
State law to the extent that such provisions are not
inconsistent with the provisions of paragraphs (3) and
(5); or
``(D) if the position pays wages less than the
higher of--
``(i) the minimum wage provided by section
6(a)(1) of the Fair Labor Standards Act of
1938, without regard to any exemption; or
``(ii) any applicable State or local
minimum wage.
``(5) Actively engaged in seeking work.--For purposes of
this subsection, an individual shall be treated as actively
engaged in seeking work during any week if--
``(A) the individual has engaged in a systematic
and sustained effort to obtain work during such week,
and
``(B) the individual provides tangible evidence to
the State agency that he has engaged in such an effort
during such week.
``(6) Referral.--The State agency shall provide for
referring applicants for emergency unemployment benefits to any
suitable work to which paragraph (4) would not apply.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. ENDING UNEMPLOYMENT PAYMENTS TO JOBLESS MILLIONAIRES AND
BILLIONAIRES.
(a) Prohibition.--Notwithstanding any other provision of law, no
Federal funds may be used to make payments of unemployment compensation
(including such compensation under the Federal-State Extended
Compensation Act of 1970 and the emergency unemployment compensation
program under title IV of the Supplemental Appropriations Act, 2008) to
an individual whose adjusted gross income in the preceding year was
equal to or greater than $1,000,000.
(b) Compliance.--Unemployment Insurance applications shall include
a form or procedure for an individual applicant to certify the
individual's adjusted gross income was not equal to or greater than
$1,000,000 in the preceding year.
(c) Audits.--The certifications required by subsection (b) shall be
auditable by the U.S. Department of Labor or the U.S. Government
Accountability Office.
(d) Status of Applicants.--It is the duty of the states to verify
the residency, employment, legal, and income status of applicants for
Unemployment Insurance and no Federal funds may be expended for
purposes of determining an individual's eligibility under this Act.
(e) Effective Date.--The prohibition under subsection (a) shall
apply to weeks of unemployment beginning on or after the date of the
enactment of this Act.
SEC. 10. CONSOLIDATIONS OF RELEVANT JOB TRAINING PROGRAMS AND
ACTIVITIES.
(a) Report.--The Secretary of Labor, in coordination with the
Director of the Office of Management and Budget, shall prepare a report
on the consolidations of Federal job training programs and activities
determined to be unnecessarily duplicative (referred to in this section
as ``relevant job training programs and activities''). Such report
shall--
(1) describe all Federal job training programs and
activities;
(2) propose consolidations of the relevant job training
programs and activities;
(3) provide a justification for those Federal job training
programs and activities not included in such consolidations;
and
(4) establish a plan to provide for such consolidations,
including recommendations for necessary legislation.
(b) Submission.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Labor shall submit the report
to the appropriate committees of Congress.
SEC. 11. FUNDING STABILIZATION.
(a) Funding Stabilization Under the Internal Revenue Code.--The
table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal
Revenue Code of 1986 is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
2012, 2013, 2014, 2015, 2016, or 2017. 90%.......................... 110%
2018.................................. 85%.......................... 115%
2019.................................. 80%.......................... 120%
2020.................................. 75%.......................... 125%
After 2020............................ 70%.......................... 130%''.
----------------------------------------------------------------------------------------------------------------
(b) Funding Stabilization Under ERISA.--
(1) In general.--The table in subclause (II) of section
303(h)(2)(C)(iv) of the Employee Retirement Income Security Act
of 1974 is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
2012, 2013, 2014, 2015, 2016, or 2017. 90%.......................... 110%
2018.................................. 85%.......................... 115%
2019.................................. 80%.......................... 120%
2020.................................. 75%.......................... 125%
After 2020............................ 70%.......................... 130%''.
----------------------------------------------------------------------------------------------------------------
(2) Conforming amendment.--
(A) In general.--Clause (ii) of section
101(f)(2)(D) of such Act is amended by striking
``2015'' and inserting ``2020''.
(B) Statements.--The Secretary of Labor shall
modify the statements required under subclauses (I) and
(II) of section 101(f)(2)(D)(i) of such Act to conform
to the amendments made by this section.
(c) Stabilization Not to Apply for Purposes of Certain Accelerated
Benefit Distribution Rules.--
(1) Internal revenue code of 1986.--The second sentence of
paragraph (2) of section 436(d) of the Internal Revenue Code of
1986 is amended by striking ``of such plan'' and inserting ``of
such plan (determined by not taking into account any adjustment
of segment rates under section 430(h)(2)(C)(iv))''.
(2) Employee retirement income security act of 1974.--The
second sentence of subparagraph (B) of section 206(g)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1056(g)(3)(B)) is amended by striking ``of such plan'' and
inserting ``of such plan (determined by not taking into account
any adjustment of segment rates under section
303(h)(2)(C)(iv))''.
(3) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to plan years beginning after December 31, 2014.
(B) Collectively bargained plans.--In the case of a
plan maintained pursuant to 1 or more collective
bargaining agreements, the amendments made by this
subsection shall apply to plan years beginning after
December 31, 2015.
(4) Provisions relating to plan amendments.--
(A) In general.--If this paragraph applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in
accordance with the terms of the plan during the period
described in subparagraph (B)(ii).
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply
to any amendment to any plan or annuity
contract which is made--
(I) pursuant to the amendments made
by this subsection, or pursuant to any
regulation issued by the Secretary of
the Treasury or the Secretary of Labor
under any provision as so amended, and
(II) on or before the last day of
the first plan year beginning on or
after January 1, 2016, or such later
date as the Secretary of the Treasury
may prescribe.
(ii) Conditions.--This subsection shall not
apply to any amendment unless, during the
period--
(I) beginning on the date that the
amendments made by this subsection or
the regulation described in clause
(i)(I) takes effect (or in the case of
a plan or contract amendment not
required by such amendments or such
regulation, the effective date
specified by the plan), and
(II) ending on the date described
in clause (i)(II) (or, if earlier, the
date the plan or contract amendment is
adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect, and
such plan or contract amendment applies
retroactively for such period.
(C) Anti-cutback relief.--A plan shall not be
treated as failing to meet the requirements of section
204(g) of the Employee Retirement Income Security Act
of 1974 and section 411(d)(6) of the Internal Revenue
Code of 1986 solely by reason of a plan amendment to
which this paragraph applies.
(d) Modification of Funding Target Determination Periods.--
(1) Internal revenue code of 1986.--Clause (i) of section
430(h)(2)(B) of the Internal Revenue Code of 1986 is amended by
striking ``the first day of the plan year'' and inserting ``the
valuation date for the plan year''.
(2) Employee retirement income security act of 1974.--
Clause (i) of section 303(h)(2)(B) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(B)(i)) is
amended by striking ``the first day of the plan year'' and
inserting ``the valuation date for the plan year''.
(e) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), and (d) shall apply with respect to plan years beginning
after December 31, 2012.
(2) Elections.--A plan sponsor may elect not to have the
amendments made by subsections (a), (b), and (d) apply to any
plan year beginning before January 1, 2014, either (as
specified in the election)--
(A) for all purposes for which such amendments
apply, or
(B) solely for purposes of determining the adjusted
funding target attainment percentage under sections 436
of the Internal Revenue Code of 1986 and 206(g) of the
Employee Retirement Income Security Act of 1974 for
such plan year.
A plan shall not be treated as failing to meet the requirements
of section 204(g) of such Act and section 411(d)(6) of such
Code solely by reason of an election under this paragraph.
SEC. 12. REDUCTION IN BENEFITS BASED ON RECEIPT OF UNEMPLOYMENT
COMPENSATION.
(a) In General.--Title II of the Social Security Act (42 U.S.C. 401
et seq.) is amended by inserting after section 224 the following new
section:
``reduction in benefits based on receipt of unemployment compensation
``Sec. 224A (a)(1) If for any month prior to the month in which an
individual attains retirement age (as defined in section 216(l)(1))--
``(A) such individual is entitled to benefits under
section 223, and
``(B) such individual is entitled for such month to
unemployment compensation,
the total of the individual's benefits under section 223 for
such month and of any benefits under section 202 for such month
based on the individual's wages and self-employment income
shall be reduced (but not below zero) by the total amount of
unemployment compensation received by such individual for such
month.
``(2) The reduction of benefits under paragraph (1) shall
also apply to any past-due benefits under section 223 for any
month in which the individual was entitled to--
``(A) benefits under such section, and
``(B) unemployment compensation.
``(3) The reduction of benefits under paragraph (1) shall
not apply to any benefits under section 223 for any month, or
any benefits under section 202 for such month based on the
individual's wages and self-employment income for such month,
if the individual is entitled for such month to unemployment
compensation following a period of trial work (as described in
section 222(c)(1), participation in the Ticket to Work and
Self-Sufficiency Program established under section 1148, or
participation in any other program that is designed to
encourage an individual entitled to benefits under section 223
or 202 to work.
``(b) If any unemployment compensation is payable to an individual
on other than a monthly basis (including a benefit payable as a lump
sum to the extent that it is a commutation of, or a substitute for,
such periodic compensation), the reduction under this section shall be
made at such time or times and in such amounts as the Commissioner of
Social Security (referred to in this section as the `Commissioner')
determines will approximate as nearly as practicable the reduction
prescribed by subsection (a).
``(c) Reduction of benefits under this section shall be made after
any applicable reductions under section 203(a) and section 224, but
before any other applicable deductions under section 203.
``(d)(1) Subject to paragraph (2), if the Commissioner determines
that an individual may be eligible for unemployment compensation which
would give rise to a reduction of benefits under this section, the
Commissioner may require, as a condition of certification for payment
of any benefits under section 223 to any individual for any month and
of any benefits under section 202 for such month based on such
individual's wages and self-employment income, that such individual
certify--
``(A) whether the individual has filed or intends to file
any claim for unemployment compensation, and
``(B) if the individual has filed a claim, whether there
has been a decision on such claim.
``(2) For purposes of paragraph (1), the Commissioner may, in the
absence of evidence to the contrary, rely upon a certification by the
individual that the individual has not filed and does not intend to
file such a claim, or that the individual has so filed and no final
decision thereon has been made, in certifying benefits for payment
pursuant to section 205(i).
``(e) Whenever a reduction in total benefits based on an
individual's wages and self-employment income is made under this
section for any month, each benefit, except the disability insurance
benefit, shall first be proportionately decreased, and any excess of
such reduction over the sum of all such benefits other than the
disability insurance benefit shall then be applied to such disability
insurance benefit.
``(f)(1) Notwithstanding any other provision of law, the head of
any Federal agency shall provide such information within its possession
as the Commissioner may require for purposes of making a timely
determination of the amount of the reduction, if any, required by this
section in benefits payable under this title, or verifying other
information necessary in carrying out the provisions of this section.
``(2) The Commissioner is authorized to enter into agreements with
States, political subdivisions, and other organizations that administer
unemployment compensation, in order to obtain such information as the
Commissioner may require to carry out the provisions of this section.
``(g) For purposes of this section, the term `unemployment
compensation' has the meaning given that term in section 85(b) of the
Internal Revenue Code of 1986, and the total amount of unemployment
compensation to which an individual is entitled shall be determined
prior to any applicable reduction under State law based on the receipt
of benefits under section 202 or 223.''.
(b) Conforming Amendment.--Section 224(a) of the Social Security
Act (42 U.S.C. 424a(a)) is amended, in the matter preceding paragraph
(1), by striking ``the age of 65'' and inserting ``retirement age (as
defined in section 216(l)(1))''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to benefits payable for months beginning on or after the
date that is 12 months after the date of enactment of this section.
SEC. 13. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2023''
and inserting ``September 30, 2024''; and
(2) in subparagraph (B)(i), by striking ``September 30,
2023'' and inserting ``September 30, 2024''.
Calendar No. 318
113th CONGRESS
2d Session
S. 2097
_______________________________________________________________________
A BILL
To provide for the extension of certain unemployment benefits, and for
other purposes.
_______________________________________________________________________
March 10, 2014
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 318.
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