
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1382g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND 
                                DISABLED
 
                    Part A--Determination of Benefits
 
Sec. 1382g. Payments to State for operation of supplementation 
        program
        

(a) Eligibility; agreement with Commissioner

    In order for any State which makes supplementary payments of the 
type described in section 1382e(a) of this title (including payments 
pursuant to an agreement entered into under section 212(a) of Public Law 
93-66), on or after June 30, 1977, to be eligible for payments pursuant 
to subchapter XIX of this chapter with respect to expenditures for any 
calendar quarter which begins--
        (1) after June 30, 1977, or, if later,
        (2) after the calendar quarter in which it first makes such 
    supplementary payments,

such State must have in effect an agreement with the Commissioner of 
Social Security whereby the State will--
        (3) continue to make such supplementary payments, and
        (4) maintain such supplementary payments at levels which are not 
    lower than the levels of such payments in effect in December 1976, 
    or, if no such payments were made in that month, the levels for the 
    first subsequent month in which such payments were made.

(b) Levels of supplementary payments

    (1) The Commissioner of Social Security shall not find that a State 
has failed to meet the requirements imposed by paragraph (4) of 
subsection (a) of this section with respect to the levels of its 
supplementary payments for a particular month or months if the State's 
expenditures for such payments in the twelve-month period (within which 
such month or months fall) beginning on the effective date of any 
increase in the level of supplemental security income benefits pursuant 
to section 1382f of this title are not less than its expenditures for 
such payments in the preceding twelve-month period.
    (2) For purposes of determining under paragraph (1) whether a 
State's expenditures for supplementary payments in the 12-month period 
beginning on the effective date of any increase in the level of 
supplemental security income benefits are not less than the State's 
expenditures for such payments in the preceding 12-month period, the 
Commissioner of Social Security, in computing the State's expenditures, 
shall disregard, pursuant to a 1-time election of the State, all 
expenditures by the State for retroactive supplementary payments that 
are required to be made in connection with the retroactive supplemental 
security income benefits referred to in section 5041 of the Omnibus 
Budget Reconciliation Act of 1990.

(c) Election to apply subsection (a)(4)

    Any State which satisfies the requirements of this section solely by 
reason of subsection (b) of this section for a particular month or 
months in any 12-month period (described in such subsection) ending on 
or after June 30, 1982, may elect, with respect to any month in any 
subsequent 12-month period (so described), to apply subsection (a)(4) of 
this section as though the reference to December 1976 in such subsection 
were a reference to the month of December which occurred in the 12-month 
period immediately preceding such subsequent period.

(d) Determinations respecting any portion of period July 1, 1980, 
        through June 30, 1981

    The Commissioner of Social Security shall not find that a State has 
failed to meet the requirements imposed by paragraph (4) of subsection 
(a) of this section with respect to the levels of its supplementary 
payments for any portion of the period July 1, 1980, through June 30, 
1981, if the State's expenditures for such payments in that twelve-month 
period were not less than its expenditures for such payments for the 
period July 1, 1976, through June 30, 1977 (or, if the State made no 
supplementary payments in the period July 1, 1976, through June 30, 
1977, the expenditures for the first twelve-month period extending from 
July 1 through June 30 in which the State made such payments).

(e) Meeting subsection (a)(4) requirements for any month after March 
        1983

    (1) For any particular month after March 1983, a State which is not 
treated as meeting the requirements imposed by paragraph (4) of 
subsection (a) of this section by reason of subsection (b) of this 
section shall be treated as meeting such requirements if and only if--
        (A) the combined level of its supplementary payments (to 
    recipients of the type involved) and the amounts payable (to or on 
    behalf of such recipients) under section 1382(b) of this title and 
    section 211(a)(1)(A) of Public Law 93-66, for that particular month,

is not less than--
        (B) the combined level of its supplementary payments (to 
    recipients of the type involved) and the amounts payable (to or on 
    behalf of such recipients) under section 1382(b) of this title and 
    section 211(a)(1)(A) of Public Law 93-66, for March 1983, increased 
    by the amount of all cost-of-living adjustments under section 1382f 
    of this title (and any other benefit increases under this 
    subchapter) which have occurred after March 1983 and before that 
    particular month.

    (2) In determining the amount of any increase in the combined level 
involved under paragraph (1)(B) of this subsection, any portion of such 
amount which would otherwise be attributable to the increase under 
section 1382f(c) of this title shall be deemed instead to be equal to 
the amount of the cost-of-living adjustment which would have occurred in 
July 1983 (without regard to the 3-percent limitation contained in 
section 415(i)(1)(B) of this title) if section 111 of the Social 
Security Amendments of 1983 had not been enacted.

(f) Passthrough relating to optional State supplementation

    The Commissioner of Social Security shall not find that a State has 
failed to meet the requirements imposed by subsection (a) of this 
section with respect to the levels of its supplementary payments for the 
period January 1, 1984, through December 31, 1985, if in the period 
January 1, 1986, through December 31, 1986, its supplementary payment 
levels (other than to recipients of benefits determined under section 
1382(e)(1)(B) of this title) are not less than those in effect in 
December 1976, increased by a percentage equal to the percentage by 
which payments under section 1382(b) of this title and section 
211(a)(1)(A) of Public Law 93-66 have been increased as a result of all 
adjustments under section 1382f(a) and (c) of this title which have 
occurred after December 1976 and before February 1986.

(g) Mandatory pass-through of increased personal needs allowance

    In order for any State which makes supplementary payments of the 
type described in section 1382e(a) of this title (including payments 
pursuant to an agreement entered into under section 212(a) of Public Law 
93-66) to recipients of benefits determined under section 1382(e)(1)(B) 
of this title, on or after October 1, 1987, to be eligible for payments 
pursuant to subchapter XIX of this chapter with respect to any calendar 
quarter which begins--
        (1) after October 1, 1987, or, if later
        (2) after the calendar quarter in which it first makes such 
    supplementary payments to recipients of benefits so determined,

such State must have in effect an agreement with the Commissioner of 
Social Security whereby the State will--
        (3) continue to make such supplementary payments to recipients 
    of benefits so determined, and
        (4) maintain such supplementary payments to recipients of 
    benefits so determined at levels which assure (with respect to any 
    particular month beginning with July 1988) that--
            (A) the combined level of such supplementary payments and 
        the amounts payable to or on behalf of such recipients under 
        section 1382(e)(1)(B) of this title for that particular month,

    is not less than--
            (B) the combined level of such supplementary payments and 
        the amounts payable to or on behalf of such recipients under 
        section 1382(e)(1)(B) of this title for October 1987 (or, if no 
        such supplementary payments were made for that month, the 
        combined level for the first subsequent month for which such 
        payments were made), increased--
                (i) in a case to which clause (i) of such section 
            1382(e)(1)(B) of this title applies or (with respect to the 
            individual or spouse who is in the hospital, home, or 
            facility involved) to which clause (ii) of such section 
            applies, by $5, and
                (ii) in a case to which clause (iii) of such section 
            1382(e)(1)(B) of this title applies, by $10.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1618, as added Pub. L. 94-585, 
Sec. 2(a), Oct. 21, 1976, 90 Stat. 2901; amended Pub. L. 97-248, title 
I, Sec. 186, Sept. 3, 1982, 96 Stat. 407; Pub. L. 97-377, title I, 
Sec. 147, Dec. 21, 1982, 96 Stat. 1917; Pub. L. 98-21, title IV, 
Sec. 402, Apr. 20, 1983, 97 Stat. 139; Pub. L. 98-369, div. B, title VI, 
Sec. 2663(g)(9), July 18, 1984, 98 Stat. 1169; Pub. L. 99-272, title 
XII, Sec. 12201(a), Apr. 7, 1986, 100 Stat. 289; Pub. L. 100-203, title 
IX, Sec. 9119(b), Dec. 22, 1987, 101 Stat. 1330-309; Pub. L. 103-296, 
title I, Sec. 107(a)(4), title II, Sec. 209(a), Aug. 15, 1994, 108 Stat. 
1478, 1517.)

                       References in Text

    Sections 211(a)(1)(A) and 212(a) of Public Law 93-66, referred to in 
subsecs. (a), (e)(1), (f), and (g), are sections 211(a)(1)(A) and 212(a) 
of Pub. L. 93-66, title II, July 9, 1973, 87 Stat. 154, 155, as amended, 
which are set out as notes under section 1382 of this title.
    Section 5041 of the Omnibus Budget Reconciliation Act of 1990, 
referred to in subsec. (b)(2), is section 5041 of Pub. L. 101-508, title 
V, Nov. 5, 1990, 104 Stat. 1388-227, which is not classified to the 
Code.
    Section 111 of the Social Security Amendments of 1983, referred to 
in subsec. (e)(2), is section 111 of Pub. L. 98-21, title I, Apr. 20, 
1983, 97 Stat. 72, which amended sections 402, 403, 415, and 430 of this 
title and enacted provisions set out as notes under sections 402 and 415 
of this title and section 5123 of Title 38, Veterans' Benefits.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (b). Pub. L. 103-296, Sec. 209(a), designated existing 
provisions as par. (1) and added par. (2).
    Pub. L. 103-296, Sec. 107(a)(4), in subsec. (b) as amended by Pub. 
L. 103-296, Sec. 209(a), substituted ``Commissioner of Social Security'' 
for ``Secretary'' in two places.
    Subsecs. (d), (f), (g). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    1987--Subsec. (g). Pub. L. 100-203 added subsec. (g).
    1986--Subsec. (f). Pub. L. 99-272 added subsec. (f).
    1984--Subsec. (d). Pub. L. 98-369, Sec. 2663(g)(9)(A), realigned 
margin of subsec. (d).
    Pub. L. 98-369, Sec. 2663(g)(9)(B), (C), struck out the comma after 
``levels of its'', and inserted a comma after ``1980'' and after 
``1976'', wherever appearing.
    1983--Subsecs. (c), (d). Pub. L. 98-21 redesignated subsec. (c), 
added by Pub. L. 97-377, as (d).
    Subsec. (e). Pub. L. 98-21 added subsec. (e).
    1982--Subsec. (c). Pub. L. 97-377 added subsec. (c) relating to 
conditions under which the Secretary shall not find that a State has 
failed to meet the requirements of subsec. (a)(4) of this section 
concerning levels of supplementary payments.
    Pub. L. 97-248 added subsec. (c) relating to conditions under which 
a State may elect to apply subsec. (a)(4) of this section.


                    Effective Date of 1994 Amendment

    Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar. 31, 
1995, see section 110(a) of Pub. L. 103-296, set out as a note under 
section 401 of this title.
    Section 209(b) of Pub. L. 103-296 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to increases in the level of supplemental security income benefits under 
title XVI of the Social Security Act [this subchapter] whether occurring 
before, on, or after the date of the enactment of this Act [Aug. 15, 
1994].''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 effective July 1, 1988, see section 
9119(c) of Pub. L. 100-203, set out as a note under section 1382 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be 
construed as changing or affecting any right, liability, status, or 
interpretation which existed (under the provisions of law involved) 
before that date, see section 2664(b) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


                             Effective Date

    Section 2(c) of Pub. L. 94-585 provided that: ``The provisions of 
this section [enacting this section and provisions set out as a note 
under section 1382e of this title] shall be effective with respect to 
benefits payable for months after June 1977.''


                 Application to Northern Mariana Islands

    For applicability of this section to the Northern Mariana Islands, 
see section 502(a)(1) of the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as 
notes under section 1801 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 1396v of this title.
