,,ii #aafth ,,congress #ast ,session ,s4 #ibj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjai ,mr4 ,rubio 7for himself and ,mr4 ,romney7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,ii of the ,social ,security ,act to make available parental leave benefits to parents following the birth or adoption of a child1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,new ,parents ,act of #bjai4 #b4 ,parental leave benefits 7a7 ,in general ,title ,,ii of the ,social ,security ,act is amended by inserting after section #bah the following3 #bai4 ,parental leave benefits 7a7 ,in general ,every individual-- 7#a7 who has-- 7,a7 not less than #h quarters of coverage1 #d of which are credited to calendar quarters during the calendar year preceding the calendar year in which the #ast month of the benefit period described in subsection 7c7 occurs2 or 7,b7 not less than #ab quarters of coverage2 and 7#b7 who has filed an application for a parental leave benefit with respect to a qualified child of the individual1 shall be entitled to a parental leave benefit with respect to such qualified child4 7b7 ,benefit amount ,such individual's parental leave benefit shall be an amount equal to the product of-- 7#a7 the number of benefit months 7not to exceed #c7 selected by the individual in the individual's application for a parental leave benefit1 multiplied by 7#b7 an amount equal to the primary insurance amount for the individual that would be determined under section #bae if-- 7,a7 the individual had attained age #fb in the first month of the individual's benefit period2 and 7,b7 the individual had become entitled to an old-age insurance benefit under section #bjb beginning with such month4 ,for the purposes of the preceding sentence1 the elapsed years referred to in section #bae7;b77#b77;,b77iii7 shall not include the year in which the individual's benefit period begins1 or any year thereafter4 7c7 ,payment of benefit 7#a7 ,selection of number of benefit months ,in filing an application for a parental leave benefit under this section1 an individual shall select the number of months 7not to exceed #c7 for which the individual will receive a monthly payment under such parental leave benefit 7in this section referred to as benefit months74 7#b7 ,election of benefit months ,not later than #ad days before the start of any month in the benefit period of an individual entitled to a parental leave benefit1 the individual may elect to treat such month as a benefit month4 ,the number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application1 and the ,commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period4 7#c7 ,amount of monthly payment ,the amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to-- 7,a7 the amount of the parental leave benefit determined for the individual under subsection 7b72 divided by 7,b7 the number of benefit months selected by the individual pursuant to paragraph 7#a7 with respect to such benefit4 7#d7 ,definition of benefit period ,for purposes of this section1 the term benefit period means1 with respect to an individual entitled to a parental leave benefit with respect to a qualified child1 the #a-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs4 7d7 ,benefit application 7#a7 ,in general ,the ,commissioner shall ensure that the application for a parental leave benefit-- 7,a7 includes a notice1 clearly written in language that is easily understandable to the reader1 explaining that-- 7i7 failure to submit such proof or documentation as the ,commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties2 7ii7 the full cost to the ,trust ,funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months1 or by other means2 7iii7 entitlement to a parental leave benefit has no effect on the determination of an individual's entitlement to leave under the ,family and ,medical ,leave ,act of #aiic2 and 7,b7 requires an attestation by the individual submitting the application that-- 7i7 the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application2 7ii7 the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period2 and 7iii7 the individual consents to the terms and conditions specified in the notice described in subparagraph 7,a74 7#b7 ,option to file simultaneous applications ,the ,commissioner of ,social ,security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child4 7#c7 ,online availability ,the ,commissioner of ,social ,security shall1 as soon as practicable after the date of enactment of this section1 permit an individual to apply for a parental leave benefit through an internet website or other electronic media4 7e7 ,fraud prevention 7#a7 ,in general ,the ,commissioner of ,social ,security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section1 including procedures for the submission of such proof or documentation as the ,commissioner may require to verify the information contained in such an application4 7#b7 ,enforcement ,in any case in which an individual willfully1 knowingly1 and with intent to deceive the ,commissioner of ,social ,security fails to comply with the procedures established under paragraph 7#a71 the ,commissioner may impose on such individual1 in addition to any other penalties that may be prescribed by law-- 7,a7 a civil monetary penalty of not more than #g1ejj for each such failure2 and 7,b7 an assessment1 in lieu of any damages sustained by the ,united ,states because of such failure1 of not more than twice the amount of the cost to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund of any parental leave benefit paid to the individual4 7f7 ,benefit repayment 7#a7 ,in general ,an individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund 7as such amount is determined by the ,commissioner7 in accordance with this subsection4 7#b7 ,old-age insurance benefit offset 7,a7 ,in general ,except as provided in paragraph 7#c71 in the case of any individual described in paragraph 7#a7 who becomes entitled to an old-age insurance benefit1 deductions shall be made from each monthly payment of such benefit 7not to exceed the first #fj such monthly payments7 in such amounts1 subject to subparagraph 7,b71 as the ,commissioner of ,social ,security shall determine necessary to fully recover the cost to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit4 7,b7 ,notification ,not later than the beginning of each calendar year1 the ,commissioner of ,social ,security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph 7,a7 during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year4 7#c7 ,alternative increase of retirement age 7,a7 ,in general ,in the case of any individual described in paragraph 7#a7 who becomes entitled to an old-age insurance benefit1 such individual may elect1 at the time of application for such benefit1 to be subject to a retirement age increase in accordance with this paragraph4 ,such election shall be irrevocable1 and an individual who makes such an election shall not be subject to a deduction under paragraph 7#b7 for any month4 7,b7 ,retirement age increase ,notwithstanding section #baf7l77#a71 with respect to an individual who makes an election under subparagraph 7,a71 the retirement age of such individual shall be deemed to be-- 7i7 the retirement age determined with respect to the individual under such section2 plus 7ii7 the additional number of months the ,commissioner of ,social ,security shall determine necessary to result in the full recovery of the cost to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit4 7,c7 ,increase to earliest entitlement age ,in the case of an individual who makes an election under subparagraph 7,a71 notwithstanding subsection 7a7 of section #bjb1 no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age #fb plus the additional number of months determined for the individual under subparagraph 7,b77ii74 7#d7 ,other recovery methods ,in any case in which the ,commissioner of ,social ,security determines that the cost to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph 7#b7 or 7#c7-- 7,a7 such benefit shall be deemed1 upon the making of such determination1 to be a payment of more than the correct amount for purposes of section #bjd2 and 7,b7 the ,commissioner may recover such amounts by means of any method available to the ,commissioner under such section4 7#e7 ,projection of repayment amount ,as soon as practicable after the date of enactment of this section1 the ,commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section1 beginning with the first month beginning after the individual's benefit period the projected amount of the deduction to be made from each of the first #fj monthly payments of old-age insurance benefits under paragraph 7#b71 or if the individual so elects1 the additional number of months by which the individual's retirement age would be increased under paragraph 7#c71 in order to fully repay the cost to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund of any parental leave benefit paid to the individual1 and a description of the assumptions used by the ,commissioner in making such projection4 7g7 ,relationship with ,state law2 employer benefits 7#a7 ,in general ,this section does not preempt or supersede any provision of ,state or local law that authorizes a ,state or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section4 7#b7 ,greater benefits allowed ,nothing in this ,act shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this ,act4 7h7 ,sunset ,no application for parental leave benefits under this section may be filed in any calendar year if the ,,oasdi trust fund ratio 7as defined in section #bae7;i77 for such calendar year or for the year following such calendar year is projected1 based on the intermediate projections in the most recent 7as of ,january #a of such calendar year7 annual report issued under section #bja7;c77#b71 to be less than #bj percent4 7i7 ,definitions ,for purposes of this section-- 7#a7 the term qualified child means1 with respect to an individual for a benefit period1 a biological child or legally adopted child of the individual 7as determined by the ,commissioner of ,social ,security7 who-- 7,a7 will not attain #ah years of age before the end of such benefit period2 and 7,b7 will be residing with1 and under the care of1 the individual during the benefit period as determined by the ,commissioner4 4 7b7 ,conforming amendments 7#a7 ,nonpayment provisions ,section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7 is amended-- 7,a7 in subsection 7n77#a77;,a71 by striking under this section or section #bbc and inserting under this section1 section #bai1 or section #bbc2 7,b7 in subsection 7t71 in paragraphs 7#a7 and 7#aj71 by striking under this section or under section #bbc each place it appears and inserting under this section1 under section #bai1 or under section #bbc2 7,c7 in subsection 7u77#a71 by striking under this section or section #bbc and inserting under this section1 section #bai1 or section #bbc2 and 7,d7 in subsection 7x7-- 7i7 in paragraph 7#a77;,a71 by striking under this section or under section #bbc and inserting under this section1 under section #bai1 or under section #bbc2 and 7ii7 in paragraph 7#b71 by striking under this section or section #bbc and inserting under this section1 section #bai1 or section #bbc4 7#b7 ,delayed retirement credits ,section #bjb7w7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7w77 is amended by inserting after age #gj each place it appears the following3 7or1 in the case of an individual whose retirement age is increased under section #bai7;f77#c71 age #gj plus the number of months by which the individual's retirement age is so increased74 7#c7 ,voluntary suspension of benefits ,section #bjb7z77#a77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7z77#a77;,a77ii77 is amended by striking the age of #gj and inserting age #gj 7or1 in the case of an individual whose retirement age is increased under section #bai7;f77#c71 age #gj plus the number of months by which the individual's retirement age is so increased74 7#d7 ,number of benefit computation years ,section #bae7;b77#b77;,a7 of such ,act 7#db ,u4,s4,c4 #dae7;b77#b77;,a77 is amended-- 7,a7 in clause 7i71 by striking 1 and and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period and inserting 2 and2 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 in the case of an individual who is entitled to a parental leave benefit under section #bai1 by the number of years equal to one-fifth of such individual's elapsed years 7disregarding any resulting fractional part of a year71 but not by more than #e years4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to applications for parental leave benefits filed after #bjba4