THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SWANGER, BAKER, BELFANTI, BENNINGHOFF, BRENNAN, BUXTON, CALTAGIRONE, CLYMER, D. COSTA, CREIGHTON, DAY, DENLINGER, FLECK, FRANKEL, GEORGE, GODSHALL, GOODMAN, GRUCELA, HESS, HORNAMAN, JOSEPHS, KNOWLES, KORTZ, MAJOR, MICOZZIE, MILLARD, MILNE, MOUL, MURT, M. O'BRIEN, PALLONE, PHILLIPS, QUINN, READSHAW, SANTONI, SIPTROTH, K. SMITH, SONNEY, STERN, VULAKOVICH AND YOUNGBLOOD, JULY 3, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JULY 3, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in the State blind

pension, further providing for eligibility and for amount.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 506 of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code, amended December 26,

1974 (P.L.991, No.324), June 21, 1977 (P.L.18, No.14) and April

6, 1980 (P.L.99, No.37), is amended to read:

Section 506.  Eligibility.--The department shall provide a

State blind pension to any blind person who:

(1)  Resides in Pennsylvania;

(2)  Is not an inmate of any penal institution or hospital

for mental disease;

(3)  Has actual annual income of his own of [less] not more 

than [four thousand two hundred sixty dollars ($4,260)] the

Poverty Threshold by Family Size, for One Person, established by

the Bureau of the Census;

(4)  Owns real or personal property of a combined value of

not more than seven thousand five hundred dollars ($7500); and

who

(5)  Has not disposed of any property without fair

consideration within the two years immediately preceding the

date of application for State blind pension, or while receiving

such pension, if ownership of such property, together with his

other property, would render him ineligible for such pension;

(6)  Is not receiving supplemental security income for the

aged, blind and disabled pursuant to Title XVI of the Federal

Social Security Act.

With respect to the determination of eligibility for State

blind pension, the value of real property shall be deemed to be

its assessed value minus encumbrances but in no case shall the

assessed value be more than thirty percent of the official

market value; the value of personal property shall be deemed to

be its actual value; and interest in property owned by the

entireties shall be deemed to be a one-half interest.

Determination of the amount of an applicant's income and the

value of his property shall be made by the department without

regard to any Federal laws or regulations respecting income and

resources of applicants for aid to the blind. The valuation of

real property for the purposes of clause (4) shall not be

increased by reason of reassessment, except to the extent that

the real property has been actually enlarged or improved.

Determination of the amount of an applicant's income shall

exclude any increase in (i) social security payments to him

provided under Federal law and taking effect subsequent to

January 1, 1971; (ii) railroad retirement benefits provided to

him under the Railroad Retirement Act of [1937, 45 U.S.C. § 228 

et seq.,] 1974 (Public Law 93-445, 45 U.S.C. § 231 et seq.), and

taking effect subsequent to January 1, 1976; and (iii) veterans'

benefits provided to him and administered by the Veterans'

Administration and taking effect subsequent to January 1, 1976.

Section 2.  Section 507 of the act, amended April 6, 1980

(P.L.99, No.37), is amended to read:

Section 507.  Amount of Pension.--Except as provided for

payment for nursing home care, the amount paid after the

effective date of this act to an eligible blind person having

actual annual income of his own [of three thousand sixty dollars

($3,060) or less] equal to the Poverty Threshold by Family Size,

for One Person, established by the Bureau of the Census, shall

be [one hundred dollars ($100)] two hundred fifty dollars ($250) 

monthly[,]; and the monthly amount paid to any other eligible

blind person shall be fixed in such amount that the sum of his

actual annual income and State blind pension equals [four

thousand two hundred sixty dollars ($4,260)] the Poverty

Threshold by Family Size, for One Person, established by the

Bureau of the Census, plus one thousand two hundred dollars

($1,200) a year.

Section 3.  If this section takes effect after July 1, 2009,

the amendment of section 507 of the act shall apply

retroactively to July 1, 2009.

Section 4.  This act shall take effect July 1, 2009, or

immediately, whichever is later.