PRINTER'S NO. 422
No. 405 Session of 2001
INTRODUCED BY TANGRETTI, WILT, GEORGE, MARKOSEK, YUDICHAK,
SOLOBAY, HORSEY, CURRY, MICOZZIE, YOUNGBLOOD, SHANER,
MANDERINO, HENNESSEY, CORRIGAN, WOJNAROSKI, SCRIMENTI,
LEDERER, HARHAI, COLAFELLA, C. WILLIAMS, SAYLOR, LAUGHLIN,
HALUSKA, L. I. COHEN, WOGAN, STABACK, STEELMAN, WATERS,
SAINATO, LaGROTTA, FREEMAN, CASORIO, WASHINGTON, STERN,
E. Z. TAYLOR, TRICH, BUTKOVITZ, FRANKEL, KAISER, ROSS,
WANSACZ, TRELLO, READSHAW, JOSEPHS, FAIRCHILD, BROWNE,
TRAVAGLIO, PRESTON, JAMES, DeWEESE, BELFANTI, TIGUE,
PETRARCA, HUTCHINSON, DeLUCA, BELARDI, SURRA, OLIVER, NAILOR,
BEBKO-JONES, M. BAKER AND WALKO, JANUARY 31, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 31, 2001
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 blind pension eligibility and amount.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 506 of the act of June 13, 1967 (P.L.31,
8 No.21), known as the Public Welfare Code, amended December 26,
9 1974 (P.L.991, No.324), June 21, 1977 (P.L.18, No.14) and April
10 6, 1980 (P.L.99, No.37), is amended to read:
11 Section 506. Eligibility.--The department shall provide a
12 State blind pension to any blind person who:
13 (1) Resides in Pennsylvania;
14 (2) Is not an inmate of any penal institution or hospital
1 for mental disease;
2 (3) Has actual annual income of his own of [less] not more
3 than [four thousand two hundred sixty dollars ($4,260)] the
4 Poverty Level by Family Size, for One Person, established by the
5 Bureau of the Census;
6 (4) Owns real or personal property of a combined value of
7 not more than seven thousand five hundred dollars ($7500); and
8 who
9 (5) Has not disposed of any property without fair
10 consideration within the two years immediately preceding the
11 date of application for State blind pension, or while receiving
12 such pension, if ownership of such property, together with his
13 other property, would render him ineligible for such pension;
14 (6) Is not receiving supplemental security income for the
15 aged, blind and disabled pursuant to Title XVI of the Federal
16 Social Security Act.
17 With respect to the determination of eligibility for State
18 blind pension, the value of real property shall be deemed to be
19 its assessed value minus encumbrances but in no case shall the
20 assessed value be more than thirty percent of the official
21 market value; the value of personal property shall be deemed to
22 be its actual value; and interest in property owned by the
23 entireties shall be deemed to be a one-half interest.
24 Determination of the amount of an applicant's income and the
25 value of his property shall be made by the department without
26 regard to any Federal laws or regulations respecting income and
27 resources of applicants for aid to the blind. The valuation of
28 real property for the purposes of clause (4) shall not be
29 increased by reason of reassessment, except to the extent that
30 the real property has been actually enlarged or improved.
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1 Determination of the amount of an applicant's income shall
2 exclude any increase in (i) social security payments to him
3 provided under Federal law and taking effect subsequent to
4 January 1, 1971; (ii) railroad retirement benefits provided to
5 him under the Railroad Retirement Act of 1937, 45 U.S.C. § 228
6 et seq., and taking effect subsequent to January 1, 1976; and
7 (iii) veterans' benefits provided to him and administered by the
8 Veterans' Administration and taking effect subsequent to January
9 1, 1976.
10 Section 2. Section 507 of the act, amended April 6, 1980
11 (P.L.99, No.37), is amended to read:
12 Section 507. Amount of Pension.--Except as provided for
13 payment for nursing home care, the amount paid after the
14 effective date of this act to an eligible blind person having
15 actual annual income of his own [of three thousand sixty dollars
16 ($3,060) or less] equal to the Poverty Level by Family Size, for
17 One Person, established by the Bureau of the Census, shall be
18 one hundred dollars ($100) monthly[,]; and the monthly amount
19 paid to any other eligible blind person shall be fixed in such
20 amount that the sum of his actual annual income and State blind
21 pension equals [four thousand two hundred sixty dollars
22 ($4,260)] the Poverty Level by Family Size, for One Person,
23 established by the Bureau of the Census, plus one thousand two
24 hundred dollars ($1,200) a year.
25 Section 3. If this act takes effect after July 1, 2001, the
26 amendment of section 506(3) and 507 of the act shall apply
27 retroactively to July 1, 2001.
28 Section 4. This act shall take effect July 1, 2001, or
29 immediately, whichever is later.
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