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AR 168

Urges US Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage.

2024-2025 Regular Session Introduced by Reginald Atkins and 6 co-sponsors

Urges Congress to pass federal legislation allowing SSI/SSDI beneficiaries to retain benefits after marriage, addressing asset limits; a non-binding NJ resolution.

Reported out of Assembly Committee with Amendments, 2nd Reading
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Bill Summary · AR 168

Summary: Assembly Resolution No. 168 (AR 168)

Overview

  • Title: Urges United States Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage.
  • Type: Assembly resolution (non-binding); expresses the New Jersey General Assembly’s policy position and urging to Congress.
  • Status: Reported out of the Assembly Aging and Human Services Committee with amendments; 2nd Reading.
  • Introduced: October 28, 2024.
  • Related: Companion Senate Resolution SR 118.

Purpose and Intent

AR 168 seeks federal action to change how SSA disability programs (SSI and SSDI) treat beneficiaries who marry. The resolution argues that current federal rules regarding asset limits and marriage can cause recipients to lose disability benefits upon marriage, and it calls on Congress to enact legislation that would allow individuals with disabilities to retain their federal disability benefits after marriage. The resolution notes SSA’s public statements in 2024 acknowledging outdated policies and highlights recent administrative SSI enhancements as justification for pursuing legislative fixes at the federal level.

Background and Context

  • Programs Involved:
    • SSI (need-based, regardless of work history) provides monthly benefits to individuals with limited income/resources.
    • SSDI (work-history-based) provides benefits based on payroll contributions and eligibility criteria.
  • Problem Highlighted: Under existing rules, marriage can trigger changes to asset limits and related rules that may jeopardize or terminate benefits. Asset limits (historically set in 1989 and not fully indexed) constrain savings and resources for couples and individuals, complicating marriage decisions for recipients.
  • SSA Developments: In 2024, SSA issued a public statement acknowledging antiquated policies and implemented three SSI enhancements aimed at increasing payments for many recipients.

Key Provisions and Changes in AR 168

  • core provision: A formal request that Congress enact legislation for SSI and SSDI to allow individuals with disabilities to retain federal disability benefits upon marriage.
  • Preambulatory content (amended by committee): Specifies the SSA enhancements that are estimated to lead to new or increased SSI payments.
  • Statistics update (amendments): Updates New Jersey disability prevalence data and related statistics.
  • Technical corrections (amendments): Minor grammar, syntax, and punctuation corrections.
  • Procedural note: As a resolution, it does not itself change program rules but urges federal action and informs policymakers and the public.

Affected Parties

  • Individuals with disabilities who rely on SSI/SSDI.
  • Couples where one or both spouses are recipients and are considering marriage.
  • New Jersey residents, with state-level context and statistics presented in the resolution.

Procedural and Timeline Aspects

  • Introduction: 10/28/2024 (Assembly).
  • Committee Action: 3/17/2025 (Amended; reported out of AHU Committee, 2nd Reading).
  • Next steps: If approved by the Assembly, the resolution would be transmitted to federal leaders and the New Jersey congressional delegation; serves to advocate for federal legislation rather than enact New Jersey law.

Relationship to Related Legislation

  • Companion bill: SR 118 (Senate). Both reflect a coordinated effort to urge federal reform of SSI/SSDI treatment of marriage.

Potential Impact and Considerations

  • Direct effect: Non-binding; would not change SSA rules unless Congress acts.
  • Indirect effect: Signals state-level concern and could influence federal policymakers, public discourse, and potential legislative priorities regarding asset limits, marriage rules, and SSI/SSDI modernization.

Compiled from official sources — confirm details with the bill’s official record.

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