Facing old age

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person in whose case the conditions laid down by this Act for the receipt of an old-age pension are fulfilled shall be entitled to receive such a pension as long as those conditions continue to be fulfilled, and the receipt of an old-age pension under this Act shall not deprive the pensioner of any franchise, right, or privilege, or subject him to any disability.

Sec 2. That the conditions for the receipt of an old-age pension by any person shall be as follows:

(a) The person must have attained the age of sixty-five years.

(b) The person must have been a citizen of the United States for the twenty years next preceding the application for a pension under this Act.

(c) The person must not have had an income from any source, exclusive of the pension herein provided for, for the twelve months next preceding his application, averaging $6 per week.

Sec. 3. That a person shall be disqualified for receiving or continuing to receive an old-age pension under this withstanding the fulfillment of the above conditions—

(a) If before he becomes entitled to a pension he has habitually failed to work according to his ability, opportunity, or need for the maintenance and support of himself and those legally dependent on him: Provided, That a person shall not be disqualified under this paragraph if he has continuously for the ten years previous to attaining the age of fifty-five, by means of payments to fraternal, benefit, or other societies, or trades-unions, or other approved steps, made such provisions against old age, sickness, infirmity, or want, or loss of employment, as may be recognized as proper provision for the purpose; and any such provision, when made by the husband, in the case of a married couple living together, shall, as respects any right of the wife to a pension, be treated as having been made by the wife as well as by the husband.

(b) While he is being maintained in any place as a pauper or lunatic.

(c) While he is detained in prison after conviction for a felony, and for a further period of ten years after the date of release from imprisonment for such cause.

Sec. 4. That every person fulfilling the required conditions shall be placed upon the pension roll of the United States and be entitled to receive until death a pension from the United States Government provided by an annual appropriation from Congress. Such pension shall be graded according to the following schedule:

When the average weekly income of the pensioner as calculated under this Act does not exceed $6, $4 per week; exceeds $6, but does not exceed $7, $3 per week; exceeds $7, but does not exceed $8, $2 per week; exceeds $8, but does not exceed $8, $1 per week.

Sec. 5. That in calculating the income of a person for the purpose of this Act, account shall be taken of—

(a) The income which that person may reasonably expect to receive during the succeeding year in cash, excluding any sums receivable on account of an old-age pension under this Act, that income, in the absence of other means for ascertaining the same, being taken to be the income actually received during the preceding year.

(b) The yearly value of any advantage accruing to that person from the ownership or use of any property which is personally used or enjoyed by him.

(c) The yearly income which might be expected to be derived from any property belonging to that person which, though capable of investment or profitable use, is not so invested or profitably used.

(d) The yearly value of any benefit or privilege enjoyed by that person.

Sec. 6. That in calculating the income of a person being one of a married couple living together, the income shall not in any case be taken to be less than one-half the total income of the couple: Provided, That when both husband and wife are pensioners, except where they are living apart pursuant to any decree, judgment, order, or deed of separation, the rate of the pension shall be three-fourths of the rates given in the above schedule.

Sec. 7. That if it appears that any person has directly or indirectly deprived himself of any income or property in order to qualify himself for the receipt of an old-age pension, or for the receipt of an old-age pension at a higher rate than that to which he would otherwise be entitled under this Act, that income or the yearly value of that property shall be taken to be part of the income of that person.

Sec. 8. That any assignment of or charge on and every agreement to assign or charge an old-age pension under this Act shall be void and on the bankruptcy of a person entitled to an old-age pension the pension shall not pass to any trustee or other person acting on behalf of the creditors.

Sec. 8 That the said pension shall be paid in thirteen equal installments in each year in advance. It shall begin on the date the claim is filed, and the arrears from that time to the time of allowance shall if the claimant be then living, but not otherwise, be paid in a lump sum.

Sec. 10. That the said pension may be increased or decreased every twelve months, whenever the pensioner’s income increases or decreases, according to the terms of the schedule.

Sec. 11. That wherever in this Act the masculine pronoun is used it shall be held to include the feminine pronoun also.

Sec. 12. That all claims for old age pensions under this Act shall be filed with the Department of the Interior, together with affidavits containing such statements as may be prescribed by the Secretary of the Interior, who shall make such rules and regulations as may be necessary to carry out the provisions of this Act.

(B) BILL PRESENTED BY THE PENNSYLVANIA OLD AGE PENSION COMMISSION TO THE 1821 PENNSYLVANIA STATE LEGISLATURE, AND WHICH IN ITS MAIN PROVISIONS HAS, IN EFFECT, THE ENDORSEMENT OF THE SOCIAL INSURANCE COMMITTEE OF THE AMERICAN ASSOCIATION FOR LABOR LEGISLATION

AN ACT

Providing for the protection and assistance of aged persons under certain conditions in the Commonwealth of Pennsylvania and prescribing penalties for violation of its provisions and making an appropriation therefor

Section 1 Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same That beginning January first one thousand nine hundred and twenty-three subject to the provisions and under the restrictions imposed by this act every person (man or woman married or single) shall while residing in the Commonwealth of Pennsylvania be entitled to assistance in old age

Administration

Section 2 (a) The central authority shall be vested with a State Old Age Assistance Board hereinafter called State Board composed of three (3) citizens of the State who shall be appointed by the Governor for a term of four years except that of the members first appointed one shall be appointed for a term of two years, one for a term of three years and one for a term of four years. Each member of the Board shall receive in addition to the necessary expenses incurred in the performance of their duties ten dollars per diem while actually engaged in the business of the Board Vacancies shall be filled in the same way as the original appointment was made

(b) The State Board shall appoint a State Old Age Assistance Superintendent who shall be a person having had experience and training in the problems of organized relief who shall be familiar with the social and economic conditions of the State of Pennsylvania and who shall in general be qualified by training and experience for this work

(c) The State Board shall fix the salary of the Superintendent which shall not exceed seven thousand five hundred dollars ($7,500) per annum and the Superintendent with the approval of the State Board shall appoint the necessary number of assistants and fix their salaries and duties

(d) There shall be in each county a County Old Age Assistance Board hereinafter known as the County Board to consist of three citizens of the county who shall be appointed by the Governor with the approval of the State Board on the recommendation of the County Commissioners except that of the members first appointed one shall be appointed for a term of two years one for a term of three years and one for a term of four years. Vacancies shall be filled in the same way as the original appointment was made. The members of the Board shall serve without pay except that necessary expenses incurred while in the performance of their duties shall be paid to them

(e) The State Board as well as the County Board shall perform all the duties imposed upon them by this act and the State Board shall have authority to make the rules and regulations required to carry out the provisions of this act

(f) The County Board with the approval of the State Board and State Superintendent may appoint one or more local investigators who shall be trained and experienced in the problems of organized charity at a salary for each not to exceed two thousand five hundred dollars ($2,500) per annum. The County Board or its investigator or investigators shall investigate all cases properly brought before them and the recommendations of the County Board shall be forwarded to the State Board for its approval provided that in case of complaint or grievance a rehearing may be had before the State Board which decision shall be final provided further that the claimant may again apply for assistance in the same manner to the County Board one year after date of first application

(g) The State Board and the County Boards shall be required to meet at regular intervals of not less than two (2) months and at such times as may be fixed by the rules of the Boards

Allowance

Section 3 (a) The amount of assistance shall be fixed by the State Board with due regard to the conditions in each case but in no case shall it exceed twenty-five dollars ($25) per month

Section 4 Old Age assistance may be granted only to an applicant who

(a) Has attained the age of sixty-five or upwards

(b) Is a citizen of the United States

(c) Resides in the State of Pennsylvania and has so resided continuously for not less than fifteen years immediately preceding the date of application for assistance Provided That continuous residence in Pennsylvania shall not be deemed to have been interrupted by occasional absence therefrom where the total period of all such absence does not exceed two years or in case the person has been absent from the State while in the employ or service of the State or of the United States and provided further that a person who resided in the State of Pennsylvania forty (40) years at least five (5) of which have been immediately preceding the date of application shall be deemed qualified in respect to residence.

(d) Is not at the date of making application an inmate of any prison jail or workhouse infirmary insane asylum county or district poorhouse or any other public reform or correctional institution

Property Qualifications

Section 5 (a) The income of the claimant from all sources at the date of application for relief shall not exceed three hundred dollars ($300) per annum and also the net capital value of the accumulated property of such person or the accumulated property of husband and wife together must not exceed five thousand dollars inclusive of a homestead

(b) The claimant must not have deprived himself or herself directly or indirectly of any property for the purpose of qualifying for old age relief

(c) The aged person must have no child or any other person responsible for the support of such person under the laws of the State of Pennsylvania adjudged by the assistance authorities fully able financially to support the applicant

(d) At the death of the person so assisted or the last survivor of a married couple the total amount of the assistance since the first grant together with three percentum interest shall be deducted and allowed by the proper courts out of the proceeds of the property as a preferred claim against the estate of the person so assisted and refunded to the State Treasury to the credit of the Assistance Fund leaving the balance for distributing among the lawful heirs in accordance with the law provided that the State assistance authorities may demand the assignment or transfer of such property to the State Board upon the first grant of assistance The State Board shall establish such rules and regulations regarding the care transfer and sale of such property as it deems advisable and also provide for the return of the balance of the claimant’s property in its hands whenever assistance is withdrawn or the claimant ceases to request it

Calculation of Income

Section 6 (a) The annual income of any property inclusive of a homestead shall be computed at five per centum of its determined value

(b) In ascertaining the claimant’s income and amount of assistance his income for the last preceding year shall be deemed his annual income and the property owned at the end of that year as his accumulated property provided that when the claimant shows to the satisfaction of the assistance authorities the loss of personal income derived from personal earnings it shall be deducted from the income of the preceding year in considering the assistance grant

How Administered

Section 7 (a) A claimant for an assistance grant under this act shall deliver his or her claim in writing to the County Board of the county in which the claimant resides in the manner and form prescribed by the State Board All statements in the application shall be sworn to or affirmed by the applicant setting forth that all facts are true and correct in every material point

(b) After proper investigation a copy of the application for old age assistance with the decision of the County Board and recommendation of the amount of assistance if any and the material reasons for such decision shall be promptly forwarded to the State Board In case the State Board decides against the grant or reduces its amount upon demand of the claimant it shall set a date for a hearing before the County Board which shall be attended by the State Superintendent or his assistant with full powers of investigation The claimant shall be notified sufficiently in advance of the date of the hearing on which he may attend to support his claim whereupon the recommendations of the Board with the report of the Superintendent or his assistant shall be forwarded to the State Board whose decision thereon shall be final

(c) For the purpose of such investigations the boards both State and county shall have the power to compel by subpoena issued by either board the attendance and testimony of witnesses and the production of books and papers All witnesses shall be examined on oath and any member of the State or county boards may administer said oath

(d) In the investigation of any claim for old age assistance and any renewal thereof the State board shall investigate and determine all cases by such means and in such manner as it deems proper

Section 8 (a) When the claim is established and the rate of the first year’s grant is fixed the county board shall in the manner prescribed certify the same to the State board which shall issue the claimant an old age assistance certificate stating the amount of the monthly or quarterly payment and which shall be good for one year

(b) An assistance certificate shall be required for each subsequent year to be renewed or issued after satisfactory investigation

Section 8 (a) The assistance shall commence on the date named in the old age assistance certificate which shall be the first day of the month within which the certificate is issued provided that in case of assistance granted the assistance certificate shall be issued not later than three (3) months after application has been made

(b) All installments shall be paid in monthly or quarterly payments as the county board shall recommend the payments to be made in such form and manner as may be prescribed by the State board

Section 10 (a) If at any time during the currency of an old age assistance certificate the recipient or the wife or husband of the recipient becomes possessed of any property or income in excess of the amount allowed by law in respect to the amount of assistance granted the county board may on inquiry and with the approval of the State Board either cancel the assistance or vary the amount thereof during the period of the certificate And it shall be the duty of the recipient to immediately notify the county board of the receipt and possession of any such property or income

(b) If on the death of any recipient of an old age assistance grant it is found that he or she was possessed of property in excess of the amount allowed by law in respect to the amount of the assistance granted double the total amount of the relief granted in excess of that to which the recipient was by law entitled may be recovered by the State board as preferred claim from the estate so found in excess The Attorney General at the request of the State board shall take the necessary proceedings to recover such claims and the amount recovered shall be paid into the State Treasury

Section 11 On the death of a recipient of old age assistance the installment then accruing and such other reasonable funeral expenses as necessary for the burial of such person shall be paid to such persons as the county board directs provided that these expenses do not exceed one hundred dollars ($100) and provided further that the estate of the deceased is insufficient to defray these expenses

Section 12 (a) When an old age assistance recipient becomes an inmate of any charitable or benevolent institution the amount of assistance shall be paid to the governing authorities of that institution and shall be applied toward defraying the actual expenses of such person in such institution provided that the State board has approved and is permitted freely to visit and inspect said institution and provided further that any surplus assistance moneys remaining after defraying such cost shall be paid to the recipient It shall not be lawful however for the authorities of any charitable institution receiving public moneys to refuse admission as an inmate of such institution or to refuse to grant relief on the grounds that the person is an old age assistance recipient under this act

(b) During the continuance of the assistance no recipient shall receive any other relief from the State or from any political subdivision thereof except for medical and surgical assistance

Section 13 All old age assistance grants shall be absolutely inalienable by any assignment sale charge on execution or otherwise and in case of bankruptcy the assistance shall not pass through any trustee or other persons acting on behalf of the creditors

Fines Punishment and Criminal Procedure

Section 14 If at any time the State board has reason to believe that any old age assistance certificate has been improperly obtained it shall cause special inquiry to be made by the county board and may suspend payment of any installment pending the inquiry It shall also notify the county board of such suspension If on inquiry it appears that the assistance certificate was improperly obtained it shall be cancelled by the state board but if it appears that the certificate was properly obtained the suspended installment shall be payable in due course

Section 15 (a) Any person who by means of wilfully false statement or representation obtains or attempts to obtain

(a) An assistance certificate not being justly entitled to

(b) An assistance of a larger amount than he is justly entitled to

(c) By any means of personation or any other fraudulent device whatsoever obtains or attempts to obtain payment of any forfeited installment grant

(d) By wilfully false statement or representation he aids or abets any person to obtain an old age assistance certificate or any installment payable thereunder

(e) Aids and abets in buying or in any way disposing of the property of an old age assistance recipient without the consent of the State board shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred dollars ($500) and to undergo imprisonment not exceeding three years or both in the discretion of the court

Section 16 (a) Any person who violates any provision of this act for which no penalty is specifically provided shall be subject to a fine not exceeding five hundred dollars ($500) and to undergo imprisonment not exceeding three years or both in the discretion of the court

(b) Where an old age assistance recipient is convicted of an offense under this section the assistance authorities may cancel the assistance certificate in respect to the issue of which the offense was committed

Section 17 If any recipient under this act is convicted of any crime misdemeanor or felony or any other offense punishable by imprisonment for one month or any longer period the county board shall direct that payments be not made during such periods Furthermore if the recipient is found incapable of taking care of his money or himself on the testimony of at least three witnesses the county board may direct the installment of his assistance be paid to any other reputable person for his benefit or may recommend the suspension of same to the State Board for such period as it deems fit

Section 18 In case of forfeiture of an assistance certificate the person whose assistance is so forfeited shall be disqualified to make any application for a new assistance certificate until the expiration of one year from the date of forfeiture

Funds and Expenses

Section 18 The funds for the payment of old age assistance shall be furnished by the Commonwealth of Pennsylvania

Section 20 (a) All expenses incurred by the State Board in administration investigation and salaries shall be borne by the State and a sum of $50,000 for the next two years is hereby appropriated for this purpose

(b) All expenses incurred by the county boards in administration investigations and salaries shall be paid by the county treasurer from the moneys of the county

Annual Report Hearings Etc

Section 21 Within ninety (80) days after the close of each calendar year the State Board shall make a report for the preceding year stating

(a) The total number of recipients

(b) The amount paid in each

(c) The total number of applications

(d) The number granted assistance the number denied and the number cancelled during that year and such other information as the State Board may deem advisable

Section 22 All methods of procedure in hearings investigations recording registration and accounting pertaining to the old age assistance under this act shall be in accordance with the rules and regulations as laid down from time to time by the State Board

Section 23 Every assistance granted under the provisions of this act shall be deemed to be granted and shall be held subject to the provisions of any amending or repealing act that may hereafter be passed and no recipient under this act shall have any claim for compensation or otherwise by reason of his assistance being affected in any way by any such amending or repealing act

Section 24 Within ninety days of the signing of this act the Governor shall appoint the members of the State Board