
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: 42USC910]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
                     SUBCHAPTER VII--ADMINISTRATION
 
Sec. 910. Recommendations by Board of Trustees to remedy 
        inadequate balances in Social Security trust funds
        

(a) Terms and conditions of recommendations

    If the Board of Trustees of the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insurance Trust Fund, 
the Federal Hospital Insurance Trust Fund, or the Federal Supplementary 
Medical Insurance Trust Fund determines at any time that the balance 
ratio of any such Trust Fund for any calendar year may become less than 
20 percent, the Board shall promptly submit to each House of the 
Congress a report setting forth its recommendations for statutory 
adjustments affecting the receipts and disbursements of such Trust Fund 
necessary to maintain the balance ratio of such Trust Fund at not less 
than 20 percent, with due regard to the economic conditions which 
created such inadequacy in the balance ratio and the amount of time 
necessary to alleviate such inadequacy in a prudent manner. The report 
shall set forth specifically the extent to which benefits would have to 
be reduced, taxes under section 1401, 3101, or 3111 of the Internal 
Revenue Code of 1986 would have to be increased, or a combination 
thereof, in order to obtain the objectives referred to in the preceding 
sentence.

(b) ``Balance ratio'' defined

    For purposes of this section, the term ``balance ratio'' means, with 
respect to any calendar year in connection with any Trust Fund referred 
to in subsection (a) of this section, the ratio of--
        (1) the balance in such Trust Fund as of the beginning of such 
    year, including the taxes transferred under section 401(a) of this 
    title on the first day of such year and reduced by the outstanding 
    amount of any loan (including interest thereon) theretofore made to 
    such Trust Fund under section 401(l) or 1395i(j) of this title, to
        (2) the total amount which (for amounts which will be paid from 
    the Federal Old-Age and Survivors Insurance Trust Fund and the 
    Federal Disability Insurance Trust Fund, as estimated by the 
    Commissioner, and for amounts which will be paid from the Federal 
    Hospital Insurance Trust and the Federal Supplementary Medical 
    Insurance Trust Fund, as estimated by the Secretary) will be paid 
    from such Trust Fund during such calendar year for all purposes 
    authorized by section 401, 1395i, or 1395t of this title (as 
    applicable), other than payments of interest on, or repayments of, 
    loans under section 401(l) or 1395i(j) of this title, but excluding 
    any transfer payments between such Trust Fund and any other Trust 
    Fund referred to in subsection (a) of this section and reducing the 
    amount of any transfers to the Railroad Retirement Account by the 
    amount of any transfers into such Trust Fund from that Account.

(Aug. 14, 1935, ch. 531, title VII, Sec. 709, as added Pub. L. 98-21, 
title I, Sec. 143, Apr. 20, 1983, 97 Stat. 102; amended Pub. L. 99-272, 
title XII, Sec. 12106, Apr. 7, 1986, 100 Stat. 286; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, 
Sec. 108(a)(3), Aug. 15, 1994, 108 Stat. 1481.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (a), is 
classified generally to Title 26, Internal Revenue Code.


                               Amendments

    1994--Subsec. (b)(2). Pub. L. 103-296 substituted ``(for amounts 
which will be paid from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund, as estimated 
by the Commissioner, and for amounts which will be paid from the Federal 
Hospital Insurance Trust and the Federal Supplementary Medical Insurance 
Trust Fund, as estimated by the Secretary)'' for ``(as estimated by the 
Secretary)''.
    1986--Subsec. (a). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    Subsec. (b)(1). Pub. L. 99-272 amended par. (1) generally. Prior to 
amendment, par. (1) read as follows: ``the balance in such Trust Fund, 
reduced by the outstanding amount of any loan (including interest 
thereon) theretofore made to such Trust Fund under section 401(l) or 
1395i(j) of this title, as of the beginning of such year, to''.


                    Effective Date of 1994 Amendment

    Amendment by 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.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-272 effective on first day of month 
following April 1986, see section 12115 of Pub. L. 99-272, set out as a 
note under section 415 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 909 of this title.
