S5010-118

1. Short title This Act may be cited as the Retirement Security for American Hostages Act.

2. Deemed wages for hostages and individuals wrongfully detained abroad Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: For purposes of this section— Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month— beginning before, on, or after the date of enactment of this section, and during which such individual was— unlawfully or wrongfully detained abroad; or held hostage abroad. The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). The term qualifying individual means an individual who is— a United States national unlawfully or wrongfully detained abroad, as determined under section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741); or a United States national taken hostage abroad, as determined pursuant to the findings of the Hostage Recovery Fusion Cell (as described in section 304 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741b)). For purposes of determining entitlement to and the amount of any monthly benefit for any month, or entitlement to and the amount of any lump-sum death payment in the case of a death, payable under this title on the basis of the wages and self-employment income of any qualifying individual, such individual shall be deemed to have been paid during each qualifying month at an amount per month equal to 1/12th of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs. Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). A qualifying month shall not be taken into account under this section with respect to an individual unless the individual (or any other individual entitled to any benefit or payment payable under this title on the basis of the wages and self-employment income of such individual) submits to the Commissioner of Social Security an application for benefits under this section that includes— documentation of a determination made by a Federal agency that the individual satisfies the requirements under subsection (a)(2) with respect to a qualifying individual, including the period during which the individual was— unlawfully or wrongfully detained abroad; or held hostage abroad; and such other information as the Commissioner may require. Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended— by striking and before 230(b)(2) the first time it appears; and by inserting and 235(b)(1), after 1977),. The amendments made by this section shall take effect on the date which is 24 months after the date of enactment of this Act. 235.Deemed wages for hostages and individuals wrongfully detained abroad(a)DefinitionsFor purposes of this section—(1)Qualifying month(A)In generalSubject to subparagraph (B), the term qualifying month means, in connection with an individual, any month—(i)beginning before, on, or after the date of enactment of this section, and(ii)during which such individual was—(I)unlawfully or wrongfully detained abroad; or(II)held hostage abroad.(B)ExceptionThe term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)).(2)Qualifying individualThe term qualifying individual means an individual who is—(A)a United States national unlawfully or wrongfully detained abroad, as determined under section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741); or (B)a United States national taken hostage abroad, as determined pursuant to the findings of the Hostage Recovery Fusion Cell (as described in section 304 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741b)).(b)Deemed Wages(1)In generalFor purposes of determining entitlement to and the amount of any monthly benefit for any month, or entitlement to and the amount of any lump-sum death payment in the case of a death, payable under this title on the basis of the wages and self-employment income of any qualifying individual, such individual shall be deemed to have been paid during each qualifying month at an amount per month equal to 1/12th of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs. (2)ExceptionParagraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application.(c)Rules and regulations(1)In generalNot later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2).(2)Application and certification requirementsA qualifying month shall not be taken into account under this section with respect to an individual unless the individual (or any other individual entitled to any benefit or payment payable under this title on the basis of the wages and self-employment income of such individual) submits to the Commissioner of Social Security an application for benefits under this section that includes—(A)documentation of a determination made by a Federal agency that the individual satisfies the requirements under subsection (a)(2) with respect to a qualifying individual, including the period during which the individual was—(i)unlawfully or wrongfully detained abroad; or(ii)held hostage abroad; and(B)such other information as the Commissioner may require..

235. Deemed wages for hostages and individuals wrongfully detained abroad For purposes of this section— Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month— beginning before, on, or after the date of enactment of this section, and during which such individual was— unlawfully or wrongfully detained abroad; or held hostage abroad. The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). The term qualifying individual means an individual who is— a United States national unlawfully or wrongfully detained abroad, as determined under section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741); or a United States national taken hostage abroad, as determined pursuant to the findings of the Hostage Recovery Fusion Cell (as described in section 304 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741b)). For purposes of determining entitlement to and the amount of any monthly benefit for any month, or entitlement to and the amount of any lump-sum death payment in the case of a death, payable under this title on the basis of the wages and self-employment income of any qualifying individual, such individual shall be deemed to have been paid during each qualifying month at an amount per month equal to 1/12th of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs. Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). A qualifying month shall not be taken into account under this section with respect to an individual unless the individual (or any other individual entitled to any benefit or payment payable under this title on the basis of the wages and self-employment income of such individual) submits to the Commissioner of Social Security an application for benefits under this section that includes— documentation of a determination made by a Federal agency that the individual satisfies the requirements under subsection (a)(2) with respect to a qualifying individual, including the period during which the individual was— unlawfully or wrongfully detained abroad; or held hostage abroad; and such other information as the Commissioner may require.