Pub. L. 102-375, tit. IV, sec. 419
PENSION INFORMATION AND COUNSELING DEMONSTRATION PROJECTS.
SEC. 419. PENSION INFORMATION AND COUNSELING DEMONSTRATION PROJECTS. Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034–3035g) (as amended by the preceding sections) is amended by adding at the end the following: “SEC. 429J. 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). 106 STAT. 1262 “(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, United States Code, the Federal Employees Retirement System set forth in chapter 84 of title 5, United States Code, or other Federal retirement systems; or “(D) the Employee Retirement Income Security Act (29 U.S.C. 1001 et seq.). “(b) Establishment.— The Commissioner 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), the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner, 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 Commissioner at such time, in such manner, and106 STAT. 1263 containing such information as the Commissioner 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); “(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); “(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), the Commissioner 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. 106 STAT. 1264 “(3) Application.— To be eligible to receive a grant under this subsection, an entity shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(e) Duration.— The Commissioner may award grants under subsection (c) or (d) for periods not to exceed 18 months. “(f) Report to Congress.— “(1) Preparation.— The Commissioner shall prepare a report that— “(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such “(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 the date of the enactment of this section, the Commissioner 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 431(a)(1) 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.”.