Number: 111- 26
Date: December 11, 2009

The Senate Passes H.R. 4218,
The “No Social Security Benefits for Prisoners Act of 2009”


On December 10, 2009, the Senate passed H.R. 4218, the “No Social Security Benefits for Prisoners Act of 2009.” The bill was passed by unanimous consent without amendments. The House passed this provision on December 8, 2009, as described in Legislative Bulletin 111-25. The bill now awaits the President's signature to become law.

•  The bill would prohibit the payment of any retroactive Title II and Title XVI benefits to individuals while they are in prison, are in violation of conditions of their parole or probation, or are fleeing to avoid prosecution for a felony or a crime punishable by sentence of more than one year.

•  Under the bill, SSA would not pay these retroactive benefits until the beneficiary is no longer a prisoner, probation or parole violator, or fugitive felon. (The prohibition would apply to fugitive felons who meet the criteria for benefit suspense in the Martinez settlement.)

•  The provision would be effective with respect to payments that would otherwise be made on or after the date of enactment.