I 

108TH CONGRESS 

1ST SESSION H. R. 2311

To amend title II of the Social Security Act to eliminate the earnings 

test for individuals who have attained age 62. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2003

Mr. SESSIONS (for himself, Mr. DOOLITTLE, Mr. JONES of North Carolina, 

Mr. HASTINGS of Washington, Mr. STEARNS, Mr. PAUL, Mr. SOUDER, 

Mr. GARRETT of New Jersey, Mr. LATOURETTE, Mr. SULLIVAN, Mr. 

HAYES, Mr. DAVIS of Illinois, Ms. GINNY BROWN-WAITE of Florida, Mr. 

HEFLEY, Mr. VITTER, Mr. GREEN of Wisconsin, Mr. FORBES, Mrs. JO

ANN DAVIS of Virginia, Mr. FROST, and Mr. TOOMEY) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL

To amend title II of the Social Security Act to eliminate 

the earnings test for individuals who have attained age 62.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 The Act may be cited as the ‘‘Social Security Earn5 ings Limit Repeal Act of 2003’’. 
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1 SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVID2 UALS WHO HAVE ATTAINED AGE 62. 

3 (a) IN GENERAL.—Section 203 of the Social Security 

4 Act (42 U.S.C. 403) is amended—

5 (1) in subsection (c)(1), by striking ‘‘retirement 

6 age (as defined in section 216(l))’’ and inserting 

7 ‘‘the age of 62’’; 

8 (2) in paragraphs (1)(A) and (2) of subsection 

9 (d), by striking ‘‘retirement age (as defined in sec10 tion 216(l))’’ each place it appears and inserting 

11 ‘‘the age of 62’’; 

12 (3) in subsection (f)(1)(B), by striking ‘‘was at 

13 or above retirement age (as defined in section 

14 216(l))’’ and inserting ‘‘was age 62 or above’’; 

15 (4) in subsection (f)(3)—

(A) by striking ‘‘331 16 ⁄3 percent’’ and all 

17 that follows through ‘‘any other individual,’’ 

18 and inserting ‘‘50 percent of such individual’s 

19 earnings for such year in excess of the product 

20 of the exempt amount as determined under 

21 paragraph (8),’’; and 

22 (B) by striking ‘‘retirement age (as defined 

23 in section 216(l))’’ and inserting ‘‘age 62’’; 

24 (5) in subsection (f)(8)(E), by striking ‘‘retire25 ment age (as defined in section 216(l))’’ and insert26 ing ‘‘age 62’’; 
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1 (6) in subsection (h)(1)(A), by striking ‘‘retire2 ment age (as defined in section 216(l))’’ each place 

3 it appears and inserting ‘‘age 62’’; and 

4 (7) in subsection (j)—

5 (A) in the heading, by striking ‘‘Retire6 ment Age’’ and inserting ‘‘Age 62’’; and 

7 (B) by striking ‘‘having attained retire8 ment age (as defined in section 216(l))’’ and in9 serting ‘‘62 years of age’’. 

10 (b) CONFORMING AMENDMENTS ELIMINATING THE

11 SPECIAL EXEMPT AMOUNT FOR INDIVIDUALS WHO HAVE

12 ATTAINED RETIREMENT AGE.—

13 (1) SINGLE EXEMPT AMOUNT.—Section 

14 203(f)(8) of such Act (42 U.S.C. 403(f)(8)) is 

15 amended—

16 (A) in subparagraph (A), by striking ‘‘the 

17 new exempt amounts (separately stated for in18 dividuals described in subparagraph (D) and for 

19 other individuals) which are to be applicable’’ 

20 and inserting ‘‘a new exempt amount which 

21 shall be applicable’’; 

22 (B) in the matter in subparagraph (B) 

23 preceding clause (i), by striking ‘‘Except’’ and 

24 all that follows through ‘‘whichever’’ and insert25 ing ‘‘The exempt amount which is applicable for 
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1 each month of a particular taxable year shall be 

2 whichever’’; 

3 (C) in clause (i) of subparagraph (B), by 

4 striking ‘‘corresponding’’; 

5 (D) in the matter in clause (ii) of subpara6 graph (B) preceding subclause (I), by striking 

7 ‘‘the product’’ and all that follows through ‘‘in8 dividuals),’’ and inserting ‘‘the product of the 

9 exempt amount which is in effect with respect 

10 to months in the taxable year ending after 1993 

11 and before 1995,’’; 

12 (E) in subclause (II) of subparagraph 

13 (B)(ii), by striking ‘‘for 2000’’ and all that fol14 lows through ‘‘individuals),’’ and inserting ‘‘for 

15 1992,’’; and 

16 (F) in the last sentence of subparagraph 

17 (B), by striking ‘‘an exempt amount’’ and in18 serting ‘‘the exempt amount’’. 

19 (2) ELIMINATION OF RULES FOR COMPUTING

20 SPECIAL EXEMPT AMOUNT.—Section 203(f)(8) of 

21 such Act (42 U.S.C. 403(f)(8)) is amended fur22 ther—

23 (A) by striking subparagraph (D); 
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1 (B) by redesignating subparagraph (E) (as 

2 amended by subsection (a)(5)) as subparagraph 

3 (D); and 

4 (C) in subparagraph (D) (as redesignated), 

5 by striking ‘‘Notwithstanding subparagraph 

6 (D), no’’ and inserting ‘‘No’’. 

7 (3) MAINTENANCE OF CURRENT RULES FOR

8 DISABILITY BENEFITS.—Section 223(d)(4)(A) of 

9 such Act (42 U.S.C. 423(d)(4)(A)) is amended by 

10 inserting ‘‘and section 2 of the Social Security Earn11 ings Limit Repeal Act of 2003’’ after ‘‘section 102 

12 of the Senior Citizens’ Right to Work Act of 1996’’. 

13 SEC. 3. EFFECTIVE DATE. 

14 The amendments made by this Act shall apply with 

15 respect to taxable years ending after December 31, 2003.

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