§3035r. Pension rights demonstration projects

(a) Definitions

As used in this section:

(1) Pension rights information program

The term "pension rights information program" means a program described in subsection (c) of this section.

(2) Pension and other retirement benefits

The term "pension and other retirement benefits" means private, civil service, and other public pensions and retirement benefits, including benefits provided under-

(A) the Social Security program under title II of the Social Security Act (42 U.S.C. 401 et seq.);

(B) the railroad retirement program under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);

(C) the government retirement benefits programs under the Civil Service Retirement System set forth in chapter 83 of title 5, the Federal Employees Retirement System set forth in chapter 84 of title 5, or other Federal retirement systems; or

(D) the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

(b) Establishment

The Assistant Secretary shall establish and carry out pension rights demonstration projects.

(c) Pension rights information programs

(1) Use of funds

In carrying out the projects specified in subsection (b) of this section, the Assistant Secretary shall, to the extent appropriations are available, award grants to six eligible entities to establish programs to provide outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits.

(2) Award of grants

(A) Type of entity

The Assistant Secretary shall award under this subsection-

(i) four grants to State agencies or area agencies on aging; and

(ii) two grants to nonprofit organizations with a proven record of providing-

(I) services related to retirement of older individuals; or

(II) specific pension rights counseling.

(B) Panel

In awarding grants under this subsection, the Assistant Secretary shall use a citizen advisory panel that shall include representatives of business, labor, national senior advocates, and national pension rights advocates.

(C) Criteria

In awarding grants under this subsection, the Assistant Secretary, in consultation with the panel, shall use as criteria-

(i) evidence of commitment of an agency or organization to carry out a proposed pension rights information program;

(ii) the ability of the agency or organization to perform effective outreach to affected populations, particularly populations identified as in need of special outreach; and

(iii) reliable information that the population to be served by the agency or organization has a demonstrable need for the services proposed to be provided under the program.

(3) Application

(A) In general

To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum-

(i) a plan for the establishment of a pension rights information program to serve a specific geographic area; and

(ii) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan.

(B) Plan

The plan described in paragraph (1) shall provide for a program that-

(i) establishes a State or area pension rights information center;

(ii) provides counseling (including direct counseling and assistance to individuals needing information) and information that may assist individuals in establishing rights to, obtaining, and filing claims or complaints related to, pension and other retirement benefits;

(iii) provides information on sources of pension and other retirement benefits, including the benefits under programs described in subsection (a)(1) of this section;

(iv) makes referrals to legal services and other advocacy programs;

(v) establishes a system of referral to State, local, and Federal departments or agencies related to pension and other retirement benefits;

(vi) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits;

(vii) provides training programs for staff members, including volunteer staff members of the programs described in subsection (a)(1) of this section;

(viii) makes recommendations to the Administration, the Department of Labor and other local, State, and Federal agencies concerning issues for older individuals related to pension and other retirement benefits; and

(ix) establishes an outreach program to provide information, counseling, referral, and assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, and low-income retirees.

(d) Training program

(1) Use of funds

In carrying out the projects described in subsection (b) of this section, the Assistant Secretary shall, to the extent appropriations are available, award a grant to an eligible entity to establish a training program to provide-

(A) information to the staffs of entities operating pension rights information programs; and

(B) assistance to the entities and assist such entities in the design of program evaluation tools.

(2) Eligible entity

Entities eligible to receive grants under this subsection include nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits.

(3) Application

To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.

(e) Duration

The Assistant Secretary may award grants under subsection (c) or (d) of this section for periods not to exceed 18 months.

(f) Report to Congress

(1) Preparation

The Assistant Secretary shall prepare a report that-

(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds;

(B) summarizes the scope and content of training and assistance provided under a program carried out under this section and the degree to which the training and assistance can be replicated;

(C) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and

(D) makes recommendations regarding the manner in which services provided in programs funded under this section can be incorporated into the ongoing programs of State agencies, area agencies on aging, multipurpose senior centers, and other similar entities.

(2) Submission

Not later than 30 months after September 30, 1992, the Assistant Secretary shall submit the report described in paragraph (1) to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate.

(g) Administrative expenses

Of the funds appropriated under section 3037(a)(1) of this title to carry out this section for a fiscal year, not more than $100,000 may be used by the Administration for administrative expenses in carrying out this section.

(Pub. L. 89–73, title IV, §429J, as added Pub. L. 102–375, title IV, §419, Sept. 30, 1992, 106 Stat. 1261 ; amended Pub. L. 103–171, §§2(19), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989 , 1990.)

References in Text

The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Railroad Retirement Act of 1974, referred to in subsec. (a)(2)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305 , which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2)(D), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829 , as amended, which is classified principally to chapter 18 (§1001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

Prior Provisions

A prior section 3036, Pub. L. 89–73, title IV, §441, formerly §421, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 48 ; renumbered and amended Pub. L. 95–478, title I, §104(c)(1)(B), (d), Oct. 18, 1978, 92 Stat. 1539 , 1546, related to applications for grants for establishment or support of multidisciplinary centers of gerontology and gerontology centers of special emphasis, prior to the general amendment of this subchapter by Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601 .

Amendments

1993-Subsec. (a)(2)(D). Pub. L. 103–171, §2(19), substituted "Act of 1974" for "Act".

Subsecs. (b) to (f). Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Change of Name

Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Economic and Educational Opportunities of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth Congress, Jan. 7, 1997.

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.