Page:United States Statutes at Large Volume 124.djvu/855

 124 STAT. 829 PUBLIC LAW 111–148—MAR. 23, 2010 individual is required to travel because of the individual’s employment (or in the case of an individual who is a member of the uniformed services, is on active duty and is physically able to perform the duties of the individual’s position); and ‘‘(B) is able to perform all the usual and customary duties of the individual’s employment on the individual’s regular work schedule. ‘‘(3) ACTIVITIES OF DAILY LIVING.—The term ‘activities of daily living’ means each of the following activities specified in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986: ‘‘(A) Eating. ‘‘(B) Toileting. ‘‘(C) Transferring. ‘‘(D) Bathing. ‘‘(E) Dressing. ‘‘(F) Continence. ‘‘(4) CLASS PROGRAM.—The term ‘CLASS program’ means the program established under this title. ‘‘(5) ELIGIBILITY ASSESSMENT SYSTEM.—The term ‘Eligibility Assessment System’ means the entity established by the Sec- retary under section 3205(a)(2) to make functional eligibility determinations for the CLASS program. ‘‘(6) ELIGIBLE BENEFICIARY.— ‘‘(A) IN GENERAL.—The term ‘eligible beneficiary’ means any individual who is an active enrollee in the CLASS program and, as of the date described in subparagraph (B)— ‘‘(i) has paid premiums for enrollment in such pro- gram for at least 60 months; ‘‘(ii) has earned, with respect to at least 3 calendar years that occur during the first 60 months for which the individual has paid premiums for enrollment in the program, at least an amount equal to the amount of wages and self-employment income which an indi- vidual must have in order to be credited with a quarter of coverage under section 213(d) of the Social Security Act for the year; and ‘‘(iii) has paid premiums for enrollment in such program for at least 24 consecutive months, if a lapse in premium payments of more than 3 months has occurred during the period that begins on the date of the individual’s enrollment and ends on the date of such determination. ‘‘(B) DATE DESCRIBED.—For purposes of subparagraph (A), the date described in this subparagraph is the date on which the individual is determined to have a functional limitation described in section 3203(a)(1)(C) that is expected to last for a continuous period of more than 90 days. ‘‘(C) REGULATIONS.—The Secretary shall promulgate regulations specifying exceptions to the minimum earnings requirements under subparagraph (A)(ii) for purposes of being considered an eligible beneficiary for certain popu- lations. ‘‘(7) HOSPITAL; NURSING FACILITY; INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED; INSTITUTION FOR