Page:United States Statutes at Large Volume 124.djvu/861

 124 STAT. 835 PUBLIC LAW 111–148—MAR. 23, 2010 at any time in such form and manner as the Secretary and the Secretary of the Treasury shall prescribe. ‘‘(c) INDIVIDUAL DESCRIBED.—For purposes of enrolling in the CLASS program, an individual described in this paragraph is an individual— ‘‘(1) who has attained age 18; ‘‘(2) who— ‘‘(A) receives wages on which there is imposed a tax under section 3201(a) of the Internal Revenue Code of 1986; or ‘‘(B) derives self-employment income on which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986; ‘‘(3) who is actively employed; and ‘‘(4) who is not— ‘‘(A) a patient in a hospital or nursing facility, an intermediate care facility for the mentally retarded, or an institution for mental diseases and receiving medical assistance under Medicaid; or ‘‘(B) confined in a jail, prison, other penal institution or correctional facility, or by court order pursuant to convic- tion of a criminal offense or in connection with a verdict or finding described in section 202(x)(1)(A)(ii) of the Social Security Act (42 U.S.C. 402(x)(1)(A)(ii)). ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title shall be construed as requiring an active enrollee to continue to satisfy subparagraph (B) or (C) of subsection (c)(1) in order to maintain enrollment in the CLASS program. ‘‘(e) PAYMENT.— ‘‘(1) PAYROLL DEDUCTION.—An amount equal to the monthly premium for the enrollment in the CLASS program of an indi- vidual shall be deducted from the wages or self-employment income of such individual in accordance with such procedures as the Secretary, in coordination with the Secretary of the Treasury, shall establish for employers who elect to deduct and withhold such premiums on behalf of enrolled employees. ‘‘(2) ALTERNATIVE PAYMENT MECHANISM.—The Secretary, in coordination with the Secretary of the Treasury, shall estab- lish alternative procedures for the payment of monthly pre- miums by an individual enrolled in the CLASS program— ‘‘(A) who does not have an employer who elects to deduct and withhold premiums in accordance with subpara- graph (A); or ‘‘(B) who does not earn wages or derive self-employ- ment income. ‘‘(f) TRANSFER OF PREMIUMS COLLECTED.— ‘‘(1) IN GENERAL.—During each calendar year the Secretary of the Treasury shall deposit into the CLASS Independence Fund a total amount equal, in the aggregate, to 100 percent of the premiums collected during that year. ‘‘(2) TRANSFERS BASED ON ESTIMATES.—The amount depos- ited pursuant to paragraph (1) shall be transferred in at least monthly payments to the CLASS Independence Fund on the basis of estimates by the Secretary and certified to the Sec- retary of the Treasury of the amounts collected in accordance with subparagraphs (A) and (B) of paragraph (5). Proper adjust- ments shall be made in amounts subsequently transferred to