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History of SSA-Related Legislation | |
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90th Congress |
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| Unless specified in the statute, legislation is effective upon enactment. | ||
PL 90-3 An Act to provide, for the period ending on June 30, 1967, a temporary increase in the public debt limit set forth in section 21 of the Second Liberty Bond Act. (enacted 2/2/67) |
Increases the temporary public debt limit until 6/30/67, by $336,000,000,000. | |
PL 90-21 Second Supplemental Appropriation Act, 1967 (enacted 5/29/67) |
Chapter VII – Department of Health, Education, and Welfare Social Security Administration Provides for an additional amount of $13,976,000 for “limitation on salaries and expenses” paid from trust funds. Provides for an additional amount of $91,103,000 for “payment to trust funds for health insurance for the aged.” |
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Continuing Appropriations Resolution |
PL 90-38 (6/30/67 – 8/31/67) (enacted 6/30/67) Making continuing appropriations for FY 1968 at FY 1967 levels until enactment of permanent FY 1968 appropriations. |
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PL 90-39 An Act to increase the public debt limit set forth in section 21 of the Second Liberty Bond Act, and for other purposes. (enacted 6/30/67) |
Increases the public debt limit until 6/30/68, by $358,000,000,000. | |
Continuing Appropriations Resolution |
PL 90-75 (8/31/67 – 9/30/67) (enacted 8/29/67) |
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PL 90-83 An Act to amend titles 5, 14, and 37, United States Code, to codify recent law, and to improve the Code.(enacted 9/11/67) |
Makes clerical, typographical, and stylistic amendments to several Acts pertaining to Federal pay and Government organization. |
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PL 90-97 An Act to extend through March 1968 the first general enrollment period under part B of title XVIII of the Social Security Act (relating to supplementary medical insurance benefits for the aged), and for other purposes. (enacted 9/30/67) |
Section 1 amends the Social Security Act by extending the general enrollment period for insurance under Part B of Title XVIII of the Social Security Act from 10/1/67 – 12/31/67, until 3/31/68. Section 2 provides that the dollar amount applicable for premiums under Part B for each month before 4/68 shall be $3; and the Sec. of HEW may determine and promulgate such dollar amount for months after 3/68 and before 1/70 at any time on or before 12/31/67. Section 3(a) provides that any individual who terminates enrollment in Part B will have his or her coverage ended at the close of 12/31/67, if he or she filed before 1/1/68, or 3/31/68, if he or she filed after 12/31/67 and before 4/1/68. Section 3(b) provides that an individual who did not enroll in the Part B insurance program in the initial enrollment period, but does so prior to 4/1/68, will have his or her enrollment period deemed to have been closed 12/31/67. |
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Continuing Appropriations Resolution |
PL 90-102 (9/30/67 – 10/23/67) (enacted 10/5/67) Making continuing appropriations for FY 1968 at FY 1967 levels until enactment of permanent FY 1968 appropriations. |
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PL 90-105 An Act to provide for the acquisition of career status by certain temporary employees of the Federal Government, and for other purposes. (enacted 10/11/67)
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Section 1(a) gives an individual serving in a position in the Federal competitive service under a temporary appointment, competitive status and the opportunity to have his or her position converted to a career appointment when he or she completes, without break in service of more than 30 days, a total of at least three years of service in such a position; he or she passes a suitable noncompetitive examination; the appointing authority recommends to the Civil Service Commission (CSC) that the appointment of the individual be converted to a career appointment and certifies that the work performance of the individual for the past 12 months has been satisfactory; and the individual meets qualification requirements for the position and is otherwise eligible for career appointment. Section 1(b) allows the employing agency to terminate the appointment of an individual serving in a position in the competitive service under a temporary appointment not later than 90 days after the individual has completed three years at this position, if he or she had not met the previous requirements. Section 1(c) states that if an employee in the Federal competitive service enters the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date the employee leaves his or her position to the date reemployed is included. Effective 120 days after the date of enactment. Section 3 states that initial appointments to positions in and outside the Federal competitive service shall be made on other than a permanent basis in order to limit the number of permanent employees to that required for the efficiency of the Federal civil service. Any position vacated by a permanent employee called to military service or transferred to a national defense agency shall not be filled except on a temporary or indefinite basis. |
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PL 90-132 An Act making continuing appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1968, and for other purposes. (enacted 11/8/67) |
Title II – Department of Health, Education, and Welfare Social Security Administration Provides an additional amount of $631,500,000 for limitation on salaries and expenses paid from trust funds. Provides an additional amount of $906,631,000 for payment to trust funds for health insurance for the aged. Provides an additional amount of $105,000,000 for payment for military service credits. |
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Continuing Appropriations Resolution |
PL 90-162 (11/9/67 – 12/2/67) (enacted 11/28/67) |
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PL 90-202 Age Discrimination in Employment Act of 1967 (enacted 12/15/67) |
Section 4(a)(1) makes it unlawful for an employer to fail or refuse to hire any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of age. Section 4(a)(2) makes it unlawful to limit, segregate, or classify employees in any way which would deprive any individual of employment opportunities or otherwise adversely affect the employee’s status because of age. Section 4(a)(3) makes it unlawful to reduce the wage rate of any employee based on age. Section 4(b) makes it unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of age, or to classify or refer for employment any individual based on age. Section 4(d) makes it unlawful for an employer to discriminate against any individual who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation based on age discrimination. Section 4(e) makes it unlawful for an employer to print or publish any notice or advertisement indicating any preference, limitation, specification, or discrimination, based on age. Section 4(f)(1) makes it not unlawful for an employer to take action when age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. Section 4(f)(2) makes it not unlawful for an employer to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as retirement, pension, or insurance plan. Section 4(f)(3) makes it not unlawful for an employer to discharge or otherwise discipline an individual for good cause. Section 15 makes this Act effective 180 days after the date of enactment. |
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PL 90-206 Postal Revenue and Federal Salary Act of 1967 (enacted 12/16/67) |
Title II – Federal Salary Increases Section 202(b)(1) states that if employees are receiving basic pay immediately prior to the effective date of this section at one of the rates of a grade in the General Schedule, the employee shall receive a corresponding rate in effect on and after such date. Effective as of the beginning of the first pay period beginning on or after 10/1/67. Section 202(b)(2) states that if employees are receiving basic pay immediately prior to the effective date of this section at a rate between two rates of a grade in the General Schedule, the employee shall receive a rate of basic pay at the higher of the two corresponding rates in effect on and after such date. Effective as of the beginning of the first pay period beginning on or after 10/1/67. Section 202(b)(3) states that if employees are receiving basic pay immediately prior to the effective date of this section at a rate in excess of the maximum rate for the employee’s grade, he or she shall receive the maximum rate for the grade in the new schedule or existing rate of basic pay increased by 4.5%, if such existing rate increase is higher. Effective as of the beginning of the first pay period beginning on or after 10/1/67. Section 202(b)(4) states that if employees are receiving an existing aggregate rate of pay determined under the Federal Employees Salary Increase Act of 1955 immediately prior to the effective date of this section, he or she shall receive an aggregate rate of pay on the day preceding the effective date of this section, plus the maximum amount of increase of the pay grade. Effective as of the beginning of the first pay period beginning on or after 10/1/67. Section 202(b)(5) states that if employees, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this title, are promoted from one grade under the General Schedule, to another such grade with a higher rate of pay, the employee’s rate of basic pay shall be adjusted retroactively from the effective date of this section to the date on which he or she were so promoted. Effective as of the beginning of the first pay period beginning on or after 10/1/67. Section 202(b)(6) states that if employees, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this title, became subject to the General Schedule and basic pay was set above the minimum rate of the grade on the basis of a previously earned rate above such minimum rate, the rate of basic pay shall be adjusted retroactively to the date on which they became subject to the General Schedule. Effective as of the beginning of the first pay period beginning on or after 10/1/67. Title IV – Federal Employees Life Insurance Section 401 amends Title 5 U.S.C. Section 8704(a) by stating that an employee eligible for life insurance is entitled to be insured for an amount of group life insurance, plus an equal amount of group accidental death and dismemberment insurance, which shall be automatically extended correspondingly by the amounts of increases in the annual rate of basic pay for positions at level II of the Executive Schedule. Effective on the first day of the first pay period which begins on or after 60 days after the date of enactment. |
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Continuing Appropriations Resolution |
PL 90-218 (10/23/67 – 12/20/67) (enacted 12/18/67) |
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PL 90-221 An Act to improve certain benefits for employees who serve in high-risk situations, and for other purposes. (enacted 12/23/67) |
Section 1 states that the travel expenses of employees will be paid for up to two round trips each year for purposes of family visitation when the family of the employee is prevented from visiting due to hostile activity in the employee’s assigned post. Section 2 provides medical services beyond the date of death or separation of an employee. Section 3 states that no leave shall be charged to the account of an employee, not to exceed one year, due to any injury incurred while serving abroad and resulting from war, insurgency, mob violence, or similar hostile action. Effective on the first day of the first pay period which began on or after 1/1/65. |
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PL 90-248 Social Security Amendments of 1967 (enacted 1/2/68) |
Title I – Old Age, Survivors, and Disability Insurance (OASDI)
Part 1 – Benefits Under the OASDI Program Section 101(a) provides a benefit increase of 13 %, with a new minimum primary insurance amount of $55 for people whose average monthly earnings are $74 or less and a maximum of $218 for people who have average monthly earnings as high as $650. Section 101(b) increases family benefits for families with two or more members to no less than the sum of all family members’ benefits increased by 13%. Section 101(c) computes the earnings for a person who becomes entitled to OASDI in or after 2/68; who dies in or after that month without having been entitled to OASDI; or whose benefit is recomputed. Section 101(d) provides that a person who becomes entitled to OASDI 2/68, or who dies before that month, will have his or her primary insurance amount determined under the provisions of the present law. Section 101(e) provides that the benefit increases under this section will be effective for monthly benefits after 1/68 and for lump-sum death payments where death occurs after 1/68. Section 101(f) provides that a person’s primary insurance amount is increased when the person is entitled to DI for 1/68 and then becomes entitled to OAI or dies in 2/68. Section 102(a) increases the amount of the special payments made to certain people age 72 and older who have never worked in covered jobs or who have had less covered work than is needed to qualify for the regular retirement benefits of the program. Effective for months after 1/68. Section 103(a) provides that a wife’s insurance benefit for each month shall be equal to the smaller of 50% of the primary insurance amount of her husband, or $105. Section 103(b) provides that a husband’s insurance benefit for each month shall be equal to the smaller of 50% of the primary insurance amount of his wife, or $105. Section 103(c) provides that a remarried widow’s benefit shall be equal to the smaller of 50% of the primary insurance amount of the deceased individual, or $105. Section 103(d) provides that a remarried widower’s benefit shall be equal to the smaller of 50% of the primary insurance amount of the deceased individual, or $105. Section 103(e) provides that the amendments made by this section shall be effective for months after 1/68. Section 104(a) provides that a widow or surviving divorced wife who has attained age 50, but not yet age 60, may become entitled to widow’s insurance benefits if she is found to be disabled. Section 104(b) provides that a dependent widower who has attained age 50, but not yet age 62, may become entitled to widower’s insurance benefits if he is found to be disabled. Section 104(c) provides for an actuarial reduction in the amount of any widow or widower’s insurance benefits payable on the basis of disability to an individual who became entitled thereto before reaching the point at which benefits could otherwise be available on the basis of age. Section 104(d) provides that no deduction shall be made from any widow’s benefits for any month before attaining age 62 only if she became so entitled before attaining age 60; and no deduction shall be made from any widower’s benefits for any month before attaining age 62. Section 104(e) provides that the amendments made by this section shall be effective for and after 2/68 and only for applications filed 1/68 or later. Section 105 liberalizes the insured status requirement for disability benefits for workers under age 31. For these young workers it removes the limitation which restricts the alternative insured-status requirement to those whose disability is based on blindness. Effective for months after 1/68. Section 106 provides noncontributory wage credits for service in the uniformed services of the U.S. after 1967, in addition to Social Security credits earned through coverage of basic service pay. Section 107 increases the amount of earnings a beneficiary may have and still get benefits. Effective with respect to taxable years ending after 12/67. Section 108 raises the amount of annual earnings that is subject to Social Security contributions and counted toward Social Security benefits from $6,600 to $7,800. Effective after 12/67. Section 109 provides new schedules of Social Security tax rates, both for OASDI and for hospital insurance. Effective after 12/31/67. Section 110 increases the percentage of taxable wages allocated to the DI Trust Fund with respect to wages paid after 12/67. Effective after 12/31/67. Section 111 extends the time for filing an application for disability freeze where failure to do so is due to incompetence. Section 112 provides benefits for certain adopted children under age 18 who were legally adopted under the supervision of a public or private child-placement agency in an adoption decreed by a court of competent jurisdiction in the U.S., and the entitled number holder resided in the U.S. for no less than one year immediately before the adoption decree. Effective for months after 1/68 and only for applications filed after 1/1/68. Part 2- Coverage Under the OASDI Program Section 115 provides Social Security coverage for the services performed by ministers, members of religious orders, and Christian Science practitioners in the exercise of his or her professions unless they elect to have the services exempt from the Social Security self-employment tax. Effective for the first taxable year for which there are net earnings from self-employment. Section 116 provides coverage for certain persons who are in positions under a State or local retirement system but are ineligible to join such system. Section 117 includes Illinois among the States permitted to divide their retirement systems into two divisions or parts for Social Security coverage purposes. Section 118(a) amends the IRC of 1954 by excluding net earnings from self-employment and certain periodic payments made by a partnership to a retired partner which are made on account of retirement pursuant to a written plan of the partnership. Effective for taxable years on or after 12/31/67. Section 118(b) amends Title II of the Social Security Act by excluding from Social Security coverage for benefit computation and retirement test purposes, certain periodic payments made by a partnership to a retired partner which are made on account of retirement pursuant to a written plan of the partnership. Effective for taxable years on or after 12/31/67. Section 119 includes Puerto Rico among States that are permitted to include firemen and policemen in coverage; and validates certain past coverage in the State of Nebraska. Section 120(a) extends coverage to service in firemen’s positions covered by a retirement system if it has been certified by the governor or official of the State that the overall benefit protection of employees in such positions would be improved by the reason of the extension of such coverage. Section 120(b) states that the insurance system established by Title II of the Social Security Act shall not be extended to service in any fireman’s position. Section 121 amends the Social Security Act by validating erroneously reported coverage. Section 122(a) amends the Social Security Act by providing coverage for the performance of the functions of a public office when the position is compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by the State. Effective after 12/67. Section 122(b) amends the IRC of 1954 by providing coverage for the performance of the functions of a public office when the position is compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by the State or the Sec. of HEW Effective after 12/67. Section 122(c)(2) provides that any individual who in 1968 is in a position to which the amendments of this section apply may make an irrevocable election not to have such amendments apply to the fee received in 1968 and every year thereafter, if on or before the due date of the income tax return for 1968 the individual filed the election with the Treasury Sec. Section 122(d) provides that an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. Section 123(a) amends the Social Security Act by providing coverage for domestic employment performed by a parent of the employer in a private home when the employer is a surviving spouse or divorced individual and has not remarried and has a child living in the home who is not yet 18 or who has a mental or physical condition which requires personal care and supervision or the employer has a spouse, but the spouse has a condition which makes the spouse incapable of providing personal care and supervision for such child living in the home. Effective after 12/31/67. Section 123(b) amends the IRC of 1954 by providing coverage for domestic employment performed by a parent of the employer in a private home when the employer is a surviving spouse or divorced individual and has not remarried and has a child living in the home who is not yet 18 or who has a mental or physical condition which requires personal care and supervision, or the employer has a spouse, but the spouse has a condition which makes the spouse incapable of providing personal care and supervision for such child living in the home. Effective after 12/31/67. Section 124(a) terminates the coverage of the employees of the Massachusetts Turnpike Authority. Effective at the end of any calendar quarter within the next two years following modification of the agreement. Section 124(b) provides that coverage cannot later be extended to the employees of the Massachusetts Turnpike Authority once it is terminated pursuant to this section. Part 3 – Health Insurance Benefits Section 136 amends the Social Security Act by providing that where the Sec. of HEW finds that an individual who has attained age 65 failed to enroll in the Supplementary Medical Insurance Program because the individual, relying on erroneous documentary evidence, was mistaken about his or her age, the individual may enroll in such program, using the date of attainment of age 65 that the individual alleged and for which he or she presented documentary evidence. Effective for months beginning after the date of enactment of this Act. Section 139 amends the Social Security Act by providing transitional eligibility for presently uninsured individuals for Hospital Insurance Benefits. Section 145(a) amends the Social Security Act by providing that individuals enrolling for the first time under Title XVIII must do so in a general enrollment period beginning within three years after the close of the first enrollment period during which they could have enrolled. Effective 4/1/68. Section 145(b) provides a general enrollment period between 1/1 and 3/31 of each year beginning with 1969. Effective 4/1/68. Section 145(c) provides that the Sec. of HEW shall determine and promulgate the dollar amount which shall be applicable for premiums for months occurring in the 12-month period commencing 7/1 in each succeeding year. Effective 4/1/68. Part 4 – Miscellaneous and Technical Amendments Section 150(a) amends the Social Security Act by providing that an adopted child of a deceased worker is eligible for monthly benefits only if proceedings for the adoption of the child have been instituted by such individual before the worker’s death, or such child was adopted by such individual’s surviving spouse before the end of two years after the day on which such individual died or the date of enactment of the Social Security Amendments of 1958. Effective for monthly benefits payable under Title II of the Social Security Act after 1/68. Section 151(a) amends the Social Security Act by providing that a child will be deemed dependent on his or her mother or father or adopting mother or adopting father if the child has not been legally adopted by another person and if the child is the parent’s legitimate or legally adopted child. Effective after 1/68 and only for applications filed after 1/1/68. Section 151(b) amends the Social Security Act by adding “stepmother” to the provision providing that a child will be deemed dependent on his or her stepmother or stepfather if the child is living with the stepparent or if the stepparent is contributing at least 50% of the child’s support. Effective after 1/68. Section 151(c) amends the Social Security Act by providing that a child will be deemed dependent on his or her mother or adopting mother if she is currently or fully insured; this eliminates the provision that a mother must be currently insured in order for dependency to be deemed. This provision conforms the rules for mothers to those that previously applied only to fathers. Effective after 1/68. Section 152(a) amends the Social Security Act by providing that whenever the Sec. of HEW finds that more or less than the correct amount of payment has been made to any person, proper adjustment or recovery shall be made. Section 152(a)(1) decreases any payment to an overpaid person, or requires such overpaid person or the person’s estate to refund the amount in excess of the correct amount. Section 152(a)(2) authorizes payment of the balance of the amount due to any underpaid person. Section 152(b) clarifies that no adjustment of payments to, or recovery by the U.S. from, any person who without fault received more than the correct amount of payment if it would defeat the purpose of Title II or be against equity and good conscience. Section 153(a) amends the Social Security Act by providing that any erroneous report of death in the line of duty made by the Department of Defense (DOD) of an individual in the uniformed services shall not be considered an incorrect payment for any month prior to the month the DOD notifies the Sec. of HEW that such individual is alive. Section 153(b) provides that the amendment made by this section applies to the individual who was paid if that individual would have been entitled if the report had been correct. Section 154(a) amends the Social Security Act by providing that if an individual dies before any payment due to him or her is completed, the amount due shall be paid under the following priority: to the surviving spouse who was living with the deceased at the time of death or is entitled to monthly benefits on the deceased’s earnings; the child or children of the deceased who were entitled to monthly benefits under the deceased individual; the parent or parents of the deceased who were entitled to benefits under the deceased individual; the surviving spouse of the individual; the child or children of the individual; the parents of the individual; or the legal representative of the estate of the deceased. Section 154(c) amends the Social Security Act by providing that if an individual dies before receiving payments for services this shall be made to the person or persons who made payments for these services or the legal representative of the individual if he or she made the payments; the surviving spouse of the deceased individual who has been determined to have been living with the deceased at the time of death; the child or children of the deceased who were entitled to monthly benefits under the deceased individual; the parent or parents of the deceased who were entitled to monthly benefits under the deceased individual; the spouse of the deceased individual; the child or children of the deceased individual; the parent or parents of the deceased individual; or the legal representative of the estate of the deceased individual. Section 155(a)(1) provides a simplified allocation of annual earnings when earnings before 1951 are included in the computation. It provides a revised method for computing the primary insurance benefit by making it 45.6% of the first $50 of an individual’s average monthly wage, plus 11.4% of the next $200 of such average monthly wage. Section 155(a)(2) provides that the revised computation method shall be applicable in the case of an individual (1) with respect to whom at least one of the quarters elapsing prior to 1951 is a quarter of coverage; (2) who attained age 22 before 1951 or who attained age 22 after 1950 and has fewer than six quarters of coverage after 1950; and (3) who becomes entitled to benefits after the date of enactment of the Social Security Amendments of 1967; who dies after such date without being entitled to benefits; or whose primary insurance amount is required to be recomputed. Section 155(a)(3) provides that the computation provisions in effect before the enactment of this Act apply to a person who attained age 21 after 1936 and before 1951, and to a disabled person when his or her period of disability began before 1951 and the years in the period of disability are excluded in computing his or her benefit. Section 155(a)(4) provides that if an individual has wages or self-employment income for a year after 1965 for any part of which he or she is entitled to OASDI benefits, the Sec. of HEW shall recompute such individual’s primary insurance amount with respect to each such year. Section 155(a)(6) provides that the primary insurance amount of a person who was entitled to an actuarially reduced OASDI benefit and who died before age 65 will be recomputed using the period up to the year of death for elapsed years instead of the period up to the year of attaining age 65 and base years will include the year of death. This applies to individuals who die after 1/2/68. Section 155(a)(8) assures that a person who is getting a benefit based on a primary insurance amount determined under the revised computation method between the date of enactment and the effective month of the general benefit increase will get the benefit increase. Section 155(b)(1) amends the Social Security Act by providing an alternative method for determining quarters of coverage with respect to wages in the period from 1937 to 1950 by providing that a person will be deemed to have one quarter of coverage for each $400 of total wages prior to 1951. Section 155(b)(2) provides that the alternative method for determining quarters of coverage applies to a worker who files an application for Old-age benefits after 1/2/68 and for a worker whose death occurs after that date if the worker was not previously entitled to Old-age or Disability benefits. Section 155(c) preserves for people who were eligible for benefits before 1961 the benefit computation provisions that were in effect before the 1960 amendments. Section 156(a) amends the Social Security Act by reducing the duration-of-relationship requirement for widows from one year to nine months to receive benefits. Effective after 1/68. Section 156(b) amends the Social Security Act by reducing the duration-of-relationship requirement for a stepchild from one year to nine months to receive benefits. Effective after 1/68. Section 156(c) amends the Social Security Act by reducing the duration-of-relationship requirement for widowers from one year to nine months to receive benefits. Effective after 1/68. Section 156(d) amends the Social Security Act by deeming the nine month relationship requirement is met for widow, stepchild, or widower in the case of accidental death or in the case of a serviceman dying in the line of duty if a three month period were substituted for the nine month requirement. Effective after 1/68. Section 157(a) amends the Social Security Act by eliminating the provision that in order for a man to become entitled to a husband’s benefit based on his wife’s earnings the woman must have been currently insured. Effective after 1/68. Section 157(b) amends the Social Security Act by eliminating the provision that in order for a man to get widower’s benefits based on his wife’s earnings the wife must have died currently insured. Effective after 1/68. Section 157(c) provides that any husband or widower who was not previously eligible for the husband’s or widower’s benefits solely because his spouse did not meet the currently-insured requirement may file proof of support within two years after 2/68 and thus establish his entitlement to benefits on her account. Effective after 1/68. Section 158(a) amends the Social Security Act by clarifying and amplifying the definition of disability for purposes of the Social Security program. Section 158(b)(1) defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months; or a blind individual who has attained the age of 55 and cannot engage in substantial gainful activity over a substantial period of time. Section 158(b)(2) determines that an individual is under a disability only if his or her physical or mental impairment or impairments are of such severity that the individual is not only unable to do previous work but cannot engage in any other kind of substantial gainful work which exists in the national economy. Section 158(b)(3) defines a physical or mental impairment as an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. Section 158(b)(4) provides that the Sec. of HEW shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrated an individual’s ability to engage in substantial gainful activity, and if the individual is therefore disabled. Section 158(b)(5) provides that an individual shall not be considered disabled unless he or she furnishes medical and other evidence stating the disability. Section 158(c) amends the Social Security Act by eliminating the existing definition of disability and substituting the new definition. Section 158(d) provides that the requirements for determining disability, the meaning of impairment, and the ability to engage in substantial gainful activity, are to apply also in establishing a period of disability. Section 158(e) provides that the amendments made by this section shall be effective in or after 1/68, or before the month of enactment of this Act if the applicant has not died before such month and the Sec. of HEW has not given the final decision to the applicant. Section 159(a)(1) amends the Social Security Act by providing that the computation of 1/60 of the total of the individual’s wages and self-employment income for the high five consecutive CYs after 1950 will be made without regard to the maximum covered earnings limitations, with respect to disability benefits affected by receipt of workmen’s compensation. Effective after 1/68. Section 159(a)(2) authorizes the Sec. of HEW, under regulations, to estimate on the basis of such information as is available, the total of an individual’s annual earnings from wages and self-employment for years in which the individual’s earnings as reported reach the maximum creditable amount, with respect to disability benefits affected by receipt of workmen’s compensation. Effective after 1/68. Section 159(b)(2) provides that where a re-determination is made, the Social Security disability benefits which are still subject to reduction, will be deemed to have applied in the initial determination of average current earnings. Section 160(a) amends the Social Security Act by providing that the Sec. of HEW may grant a reasonable extension of time for making the report of earnings required if it is found that there is a valid reason for a delay, but in no case may the period be extended more than three months. Section 160(b) amends the Social Security Act by providing that a penalty for late filing will not be imposed in cases where the beneficiary files his or her report of earnings after the regular deadline but within the extended period of time granted. Section 161(a) amends the Social Security Act by reducing the amount of the penalty which is imposed for the first time a beneficiary fails to report annual earnings within the prescribed time. Effective on or after the date of enactment. Section 161(b) amends the Social Security Act by reducing the amount of the penalty imposed for failure by a beneficiary under age 72 to report within the required time, any month in which he or she engaged in seven or more days of non-covered employment or self-employment outside the U.S., and for failure by a beneficiary entitled to wife’s or mother’s insurance benefits to report any month when she does not have a child in her care. Effective on or after the date of enactment. Section 162(a) amends the Social Security Act by providing that after an alien has been outside the U.S. for 30 consecutive days he or she will be deemed outside the U.S. continuously until he or she have been in the U.S. for 30 consecutive days. Effective 6/30/68. Section 162(b) restricts the exception to the suspension of benefit payments for aliens who are citizens of a country that has in effect a social insurance or pension system that is of general application but that does not provide benefit payments to otherwise eligible U.S. citizens who are residing outside the county or are citizens of a country that has no pension system, if, within the five years prior to 1/68 , payments to individuals in that country were suspended by the Treasury Department. Effective 6/30/68. Section 162(c)(1) provides that no monthly Social Security benefits will be paid for any month beginning after the date of enactment of the Act to an alien who resides in a foreign country if payments to people in that country are withheld by the Treasury Department. Section 162(c)(2) provides that for aliens residing in a foreign country where benefit payments are withheld by the Treasury Department in the month preceding death, no lump-sum death payment may be made on the basis of the employees earnings record. Section 163(a)(1) amends the Social Security Act by providing that whenever a reduction applies because of the family maximum, each such benefit other than the number holder’s shall be proportionately decreased; except that if such benefits are payable to a child referenced in section 216(h)(3), these will be reduced before any others. Effective in or after 1/68. Section 165(a)(1) provides that an Advisory Council on Social Security will be appointed in February of every fourth year beginning in 1969. Section 165(a)(2) to provide authority for the issuance of “interim” reports by advisory councils. Section 165b) provides that each such Council will consist of a Chairman and 12 other persons, all of whom shall be appointed by the Sec. of HEW, but will no longer designate the COSS as chairman. Section 166 reimburses civil service retirement annuitants also enrolled in the supplementary medical insurance program in an amount equal to the premiums paid under the supplementary medical insurance program. Section 167(a) authorizes an appropriation from time to time, out of any moneys in the Treasury not otherwise appropriated, to place the Federal Supplementary Medical Insurance Trust Fund in the same position at the end of each FY after 6/30/67, with a Government contribution equal to aggregate premiums payable under this section and deposited in the Supplementary Medical Insurance Trust Fund. Section 167(b) extends from 12/31/67 – 12/31/69, the date of expiration of the period of availability of the contingency reserve for the Supplementary Medical Insurance Program. Section 168(a) requires the Sec. of HEW to furnish the most recent address of an individual to a court having jurisdiction to issue orders against the individual for the support and maintenance of the individual's children. Section 169(a) requires the Board of Trustees of the Federal OASDI Trust Fund and the Federal DI Trust Fund, the Board of Trustees of the Federal Hospital Insurance Trust Fund, and the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund to submit their reports on the status of each of these funds for the preceding FY by 4/1. Section 169(b) requires that the report on the Federal OASDI Trust Fund and the Federal DI Trust Fund include an actuarial analysis of the costs to the Federal OASDI Trust Fund of the payment of benefits to disabled beneficiaries. Section 170 adds a general savings clause, to protect the payment amount of beneficiaries who were receiving monthly benefits in 1/68 when a new beneficiary becomes eligible in 2/68 because of these amendments. The benefits of those who received benefits in 1/68 will not be further reduced for the family maximum because of the new entitlement(s). Section 171(a) establishes and puts into effect procedures under which expedited payment of monthly insurance benefits will be made in any case in which an individual makes an allegation that a monthly benefit was due in a particular month but was not paid, and such individual submits a written request for the payment of such benefit. Effective after 6/30/68. Section 172(a) states that blindness is defined as central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. Effective after 1/68. Section 172(b) states that an eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less. Effective after 1/68. Section 173 provides that whenever the Sec. of HEW, in any claim before the Secretary for benefits, makes a determination favorable to a claimant, the Secretary shall, if the claimant was represented by an attorney in connection with such claim, fix a reasonable fee to compensate such attorney for the services performed by the attorney in connection with such claim. Title II – Public Welfare Amendments Part 2 – Medical Assistance Amendments Section 222(a) amends the Social Security Act by providing for agreements between States and the Sec. of HEW for the enrollment under the supplementary medical insurance program of eligible individuals who are receiving money payments under approved public assistance plans. Section 222(b) permits a State to include in an agreement under this section, the same conditions as money payment recipients except for a two-month waiting period, on aged individuals who are eligible to receive medical assistance under the State’s plan approved under Title XIX of the Social Security Act. Section 222(c) amends the Social Security Act by providing that any State for any quarter beginning after 12/31/67, shall not take into account any amounts expended as medical assistance with respect to individuals aged 65 or over which would not have been so expended if the individuals involved had been enrolled in the insurance program established by Part B of Title XVIII of the Social Security Act. Section 222(d) provides that no change is made to the equal matching of supplementary medical insurance premiums from general funds as presently are provided, or to Federal financial participation in expenditures for such premiums for money payment recipients. Section 222(e) requires that the buy-in agreement be requested by the State before 1968, to allow the State to request the agreement before 1970; and permits a State to provide coverage for an individual under the Supplementary Medical Insurance Program through the buy-in agreement regardless of when the individual becomes eligible for coverage through such agreement. Section 223(a) provides supplementary medical insurance benefits under Part B of Title XVIII of the Social Security Act to eligible individuals, or provides for meeting part or all of the cost of the deductibles, cost sharing, or similar charges under such Part B for individuals eligible for supplementary medical insurance. Effective after 6/30/67. |
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PL 90-257 An Act to amend the Railroad Retirement Act of 1937 and the Railroad Unemployment Insurance Act to provide for increase in benefits, and for other purposes. (enacted 2/15/68) |
Title I – Amendments to the Railroad Retirement Act Section 101 increases the amount to be credited for each month of military service after 1967 from $160 to $260. Effective the first month for which benefits are increased. Section 102 changes the amount that an employee entitled to disability annuity could earn in a year without losing an annuity payment for any month in the year from $1,200 to $2,400; and changes the amount the employee could earn in a month without losing his or her annuity for the month, regardless of total earnings in the year, from $100 to $200. Effective after 1967. Section 103(a) retains the provisions for calculating a spouse’s annuity on the basis of the employee’s annuity before any reduction of the latter annuity because of rights to a supplemental annuity or to benefits under Title II of the Social Security Act, resulting in an increase in the spouse’s annuity by an amount equal to one-half the increase in the employee’s annuity, subject to the provisions for a maximum spouse’s annuity. Effective the first month for which benefits are increased. Section 103(b) provides for a reduction of the 1967 increase in the spouse’s annuity in any Social Security benefit to which the spouse is entitled, and combines this reduction with that required under present law to offset the 1965 increases in Social Security benefits against the 1966 increase in Railroad Retirement annuities. Effective the first month for which benefits are increased. Section 104(a) computes the annuity of an individual by multiplying years of service by 3.58% of the first $50 of monthly compensation; 2.69% of the next $100; and 1.79% of the remainder up to a total of $450, or an amount equal to one-twelfth of the current maximum and taxable wages under the IRC of 1954, whichever is greater. Effective the first month for which benefits are increased. Section 104(b) provides that completely and partially insured individuals shall be deemed to be fully and currently insured; and widows, widowers, and parents entitled to an annuity are now deemed to have attained age 65 for purposes of applying the guarantee provisions. Effective the first month for which benefits are increased. Section 105(a) provides a reduced annuity for a widow or widower, aged 50 to 60, of an insured employee, if she or he is disabled to the extent required for an employee to qualify for an annuity on the basis of total and permanent disability. Effective the first month for which benefits are increased. Section 105(b) permits the total of annuities to a family to exceed the maximum provided by the amount of the increase provided for each individual in the family. Effective the first month for which benefits are increased. Section 105(c) provides that the Social Security work reduction provisions would continue to apply to widows and widowers aged 60 to 62 who are qualified for annuities as such on the basis of age but would not apply for widows and widowers of that age who were entitled to an annuity on the basis of disability in the month before attaining age 60. Effective the first month for which benefits are increased. Section 105(d) provides that the annuity of a child shall cease upon the last day of the second month following the month in which the child ceases to be unable to engage in any regular employment by reason of a permanent physical or mental condition. Effective the first month for which benefits are increased. Section 105(e) enables certain individuals to qualify as having the necessary family status to be paid benefits under the Railroad Retirement Act who cannot now qualify. Effective the first month for which benefits are increased. Section 105(f) provides the average monthly remuneration needed to calculate the basic amount of the employee’s compensation and wages before 1951 to be determined by the use of the computer. Effective on or after the date of enactment of this Act. Section 105(g) provides for a 7% increase in the 1966 amendments to the Railroad Retirement Act to apply to average monthly remuneration in excess of $450. Effective on or after the date of enactment of this Act. Section 105(h) provides an increase of approximately 110% in all survivor annuities except a widow’s annuity which is based on the amount of her spouse’s annuity payable in the month before the month of the employee’s death. Effective the first month for which benefits are increased. Section 106 provides that a Railroad Retirement Board Member will continue to serve until a successor is qualified. Effective on the date of enactment of this Act. Section 107 increases pensions under Section 6 of the Railroad Retirement Act and annuities under the Railroad Retirement Act of 1935. Effective the first month for which benefits are increased. |
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PL 90-364 Revenue and Expenditure Control Act of 1968 (enacted 6/28/68) |
Title III – Social Security Act Amendments Section 303 provides Federal payments under the Medical Assistance Program for certain services includible under the Supplementary Medical Insurance Program. Effective after 12/31/67. |
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PL 90-365 An Act to amend section 3620 of the Revised Statutes with respect to payroll deductions for Federal employees. (enacted 6/29/68) |
Provides that the head of an agency shall, upon written request of an employee of the agency to whom a payment for wages or salary is to be made, authorize a disbursing officer to make the payment in the form of one, two, or three checks by sending to each financial organization designated by such employee a check that is drawn in favor of the organization and is for credit to the checking account of such employee or is for the deposit of savings or purchase of shares for such employee. | |
Continuing Appropriations Resolution |
PL 90-366 (12/20/67 – 7/31/68) (enacted 6/29/68) |
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PL 90-392 Second Supplemental Appropriations Act, 1968 (enacted 7/9/68) |
Title I Chapter VII Social Security Administration Provides for an additional amount of $83,828,000 for “limitation on salaries and expenses” paid from trust funds. Provides for an additional amount of $373,028,000 for “payment to trust funds for health insurance for the aged.” |
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Continuing Appropriations Resolution |
PL 90-447 (7/31/68 – 9/30/68) (enacted 7/31/68) |
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PL 90-480 An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped. (enacted 8/12/68) |
Section 1 provides that any building or facility accessible to the public or in which physically handicapped persons may reside or are employed must be constructed or altered by or on behalf of the U.S.; leased in whole or in part by the U.S. after construction or alteration in accordance with plans and specifications of the U.S.; financed in whole or in part by a grant or a loan made by the U.S. if such building or facility is subject to standards for design, construction, or alteration issued under authority of the law authorizing such grant or loan. Section 2 provides that GSA and the Sec. of HEW are authorized to prescribe such standards for the design, construction, and alteration of buildings as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. Section 3 provides that the Sec. of HUD and the Sec. of HEW are authorized to prescribe such standards for the design, construction, and alteration of buildings which are residential structures where physically handicapped persons will have access. Section 4 provides that the Sec. of DoD and the Sec. of HEW are authorized to prescribe such standards for the design, construction, and alteration of buildings, structures, and facilities of the DoD where physically handicapped persons will have access. Section 5 provides that every building subject to this Act will meet the standards provided by this Act. |
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Continuing Appropriations Resolution |
PL 90-541 (9/30/68 – 10/12/68) (enacted 10/1/68) |
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PL 90-557 An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1969, and for other purposes. (enacted 10/11/68) |
Title II – Department of Health, Education, and Welfare Social Security Administration Provides an additional amount of $768,145,000 for limitation on salaries and expenses. Provides an additional amount of $1,360,277,000 for payment to trust funds for health insurance for the aged. Provides an additional amount of $105,000,000 for payment for military service credits. Provides an additional amount of $225,545,000 for payment for special benefits for the aged. |
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PL 90-577 Intergovernmental Cooperation Act of 1968 (enacted 10/16/68) |
Title II – Improved Administration of Grants-in-Aid to the States Section 201 provides that any department or agency head of the U.S. Government which administers a program of grants-in-aid to any State government shall, upon request, notify in writing the Governor, the State legislature, or other official designated by either, of the purpose and amounts of actual grants-in-aid to the State or its political subdivisions. Section 202 provides that all Federal grant-in-aid funds made available to the States shall be properly accounted for as Federal funds in the accounts of the State. Section 203 provides that heads of Federal departments and agencies shall schedule the transfer of grant-in-aid funds consistent with program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds and the disbursement thereof by a State. Section 204 provides that heads of Federal departments and agencies may determine whether or not the objectives of the Federal statute authorizing the grant-in-aid program will be endangered by the use of any State structures or arrangements. Title III – Permitting Federal Departments and Agencies to Provide Special or Technical Services to State and Local Units of Government Section 301 encourages intergovernmental cooperation in the conduct of specialized or technical services and provision of facilities essential to the administration of State or local government, with the aid of the Federal Government. Section 302 provides specialized or technical services, upon payment, to the department or agency by the unit of government making the request, of salaries and all other identifiable direct or indirect costs of performing such services. Section 303 provides that all moneys received by any department or agency of the Executive Branch of the Federal Government shall have payment for specialized or technical services deposited to the credit of the principal appropriation from which the cost of providing such services has been paid or is to be charged. Section 304 provides that heads of Federal agencies of the Executive Branch shall furnish annually to the Committees on Government Operations of the Senate and House of Representatives a summary report on the scope of the services provided under the administration of this title. Section 305 provides that no existing authority now possessed by any Federal department or agency with respect to furnishing services, shall be superseded. Title IV – Coordinated Intergovernmental Policy and Administration of Development Assistance Programs Section 401(d) provides that each Federal department and agency administering a development assistance program shall consult with and seek advice from all other significantly affected Federal departments and agencies in an effort to assure fully coordinated programs. Section 401(e) provides that systematic planning by individual Federal programs shall be coordinated with and made part of comprehensive local and area-wide development planning. Section 402 provides that where both special-purpose units of local government and units of general local government are eligible to receive loans or grants-in-aid, heads of Federal departments and agencies shall make such loans or grants-in-aid to units of general local government rather than to special-purpose units of local government. Title V – Acquisition, Use, and Disposition of Land Within Urban Areas by Federal Agencies in Conformity with Land Utilization Programs of Affected Local Government Section 501 amends the Federal Property and Administrative Services Act of 1949 by promoting more harmonious intergovernmental relations and to encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures for the use of land in urban areas in order that urban land transactions entered into on behalf of Federal agencies shall coincide with planning and development objectives of local governments. Title VI – Review of Federal Grant-in-Aid Programs Section 601(a)(1) provides for a Congressional review of the extent to which the purposes for which the grants-in-aid are authorized have been met. Section 601(a)(2) provides for a Congressional review of the extent to which the objectives of such programs can be carried on without further financial assistance from the U.S. Section 601(a)(3) provides for a Congressional review of whether or not any changes in purpose, direction or administration of the original program, or in procedures and requirements applicable thereto, shall be made. Section 601(a)(4) provides for a Congressional review of the extent to which such grant-in-aid programs are adequate to meet the growing and changing needs which they were designed to support. Section 601(b)(1) provides that a study of a grant-in-aid program authorized by an Act of Congress enacted before the date of enactment of this Act shall be conducted prior to the expiration of the fourth CY beginning after the date of enactment of this Act. Section 601(b)(2) provides that a study of a grant-in-aid program authorized by an Act of Congress enacted after the date of enactment of this Act shall be conducted prior to the expiration of the fourth CY following the year of enactment of such Act. |
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PL 90-583 An Act to provide for the control of noxious plants on land under the control or jurisdiction of the Federal Government. (enacted 10/17/68) |
Section 1 provides that the heads of Federal departments or agencies are authorized and directed to permit the destruction of noxious plants growing on land under their control or jurisdiction. Section 2 provides that the heads of Federal departments or agencies will reimburse any State incurring expenses pursuant to the destruction of noxious plants. Section 3 appropriates such sums as Congress may determine to be necessary to carry out this Act, to departments or agencies of the Federal Government. |
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PL 90-588 An Act to provide additional leave of absence for Federal employees in connection with the funeral of their immediate relatives who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone; and to provide additional leave for Federal employees called to duty as members of the National Guard or Armed Forces Reserves. (enacted 10/17/68) |
Section 1(a) provides that a Federal employee is entitled to not more than three days of leave without loss of or reduction in pay for time or service to make arrangements for, or attend the funeral of, an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone. Section 2(a) provides additional leave for Federal employees called to duty as members of the National Guard or Armed Forces Reserves, not to exceed 22 workdays in a CY. |
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