I 

113TH CONGRESS 

1ST SESSION H. R. 2618 

To allow certain State and local government employees to elect to treat 

employment as medicare qualified government employment for purposes 

of entitlement to Medicare coverage. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2013 

Mr. GENE GREEN of Texas introduced the following bill; which was referred 

to the Committee on Ways and Means, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To allow certain State and local government employees to 

elect to treat employment as medicare qualified government employment for purposes of entitlement to Medicare coverage. 

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


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•HR 2618 IH

1 SECTION 1. ABILITY FOR CERTAIN STATE AND LOCAL GOV2 ERNMENT EMPLOYEES TO ELECT TO TREAT 

3 EMPLOYMENT AS MEDICARE QUALIFIED 

4 GOVERNMENT EMPLOYMENT FOR PURPOSES 

5 OF ENTITLEMENT TO MEDICARE COVERAGE. 

6 Section 210(p) of the Social Security Act (42 U.S.C. 

7 410(p)) is amended— 

8 (1) in paragraph (3)(B), by inserting ‘‘who has 

9 not made an election under subject to paragraph (5) 

10 and’’ after ‘‘an individual’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(5)(A) The Commissioner of Social Security shall 

14 establish procedures under which an eligible individual de15 scribed in subparagraph (B) may, beginning on or after 

16 the date that is 180 days after the date of the enactment 

17 of this paragraph, make an irrevocable election to extend 

18 the provisions of title XVIII, and sections 226 and 226A, 

19 to services performed by such individual as an employee 

20 of a State or political subdivision thereof in the same man21 ner as such provisions would be extended to such indi22 vidual if such State entered into (or modified) an agree23 ment with the Commissioner pursuant to section 218(n). 

24 ‘‘(B) For purposes of subparagraph (A), an eligible 

25 individual is an employee— 


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•HR 2618 IH

1 ‘‘(i) whose services without application of this 

2 paragraph would not otherwise be treated as employ3 ment as that term applies under section 210(p) by 

4 reason of paragraph (3) of such section; and 

5 ‘‘(ii) who is not otherwise covered under the 

6 State’s agreement under section 218.’’. 

7 SEC. 2. MEDICARE PORTION OF PAYROLL TAXES FOR 

8 STATE AND LOCAL GOVERNMENT EMPLOY9 EES WHO ELECT TO TREAT EMPLOYMENT AS 

10 MEDICARE QUALIFIED GOVERNMENT EM11 PLOYMENT. 

12 (a) IN GENERAL.—Paragraph (7) of section 3121(b) 

13 of the Internal Revenue Code of 1986 is amended by strik14 ing ‘‘or’’ at the end of subparagraph (E), by inserting 

15 ‘‘or’’ at the end of subparagraph (F), and by adding at 

16 the end the following new subparagraph: 

17 ‘‘(G) service included under election made 

18 under section 210(p)(5) of the Social Security 

19 Act;’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to remuneration paid after the date 

22 of the enactment of this Act. 

Æ 


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