In the Senate of the United States,

March 22, 2000.

Resolved, That the bill from the House of Representatives (H.R. 5) entitled ‘‘An Act to amend title II of the Social

Security Act to eliminate the earnings test for individuals

who have attained retirement age.’’, do pass with the following

AMENDMENT:

1 Page 2, line 1, strike out all after ‘‘SECTION’’ over

2 to and including line 3 on page 7 and insert:

3 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Senior Citizens’ Free5 dom to Work Act of 2000’’.

6 SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS

7 WHO HAVE ATTAINED RETIREMENT AGE.

8 Section 203 of the Social Security Act (42 U.S.C. 403)

9 is amended—

10 (1) in subsection (c)(1), by striking ‘‘the age of

11 seventy’’ and inserting ‘‘retirement age (as defined in

12 section 216(l))’’;
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1 (2) in paragraphs (1)(A) and (2) of subsection

2 (d), by striking ‘‘the age of seventy’’ each place it ap3 pears and inserting ‘‘retirement age (as defined in

4 section 216(l))’’;

5 (3) in subsection (f)(1)(B), by striking ‘‘was age

6 seventy or over’’ and inserting ‘‘was at or above re7 tirement age (as defined in section 216(l))’’;

8 (4) in subsection (f)(3), by striking ‘‘age 70’’ and

9 inserting ‘‘retirement age (as defined in section

10 216(l))’’;

11 (5) in subsection (h)(1)(A), by striking ‘‘age 70’’

12 each place it appears and inserting ‘‘retirement age

13 (as defined in section 216(l))’’; and

14 (6) in subsection (j)—

15 (A) in the heading, by striking ‘‘Age Sev16 enty’’ and inserting ‘‘Retirement Age’’; and

17 (B) by striking ‘‘seventy years of age’’ and

18 inserting ‘‘having attained retirement age (as de19 fined in section 216(l))’’.

20 SEC. 3. NONAPPLICATION OF RULES FOR COMPUTATION OF

21 EXEMPT AMOUNT FOR INDIVIDUALS WHO

22 HAVE ATTAINED RETIREMENT AGE.

23 (a) IN GENERAL.—Section 203(f)(8) of the Social Se24 curity Act (42 U.S.C. 403(f)(8)) is amended by adding at

25 the end the following new subparagraph:
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1 ‘‘(E) Notwithstanding subparagraph (D), no de2 ductions in benefits shall be made under subsection

3 (b) with respect to the earnings of any individual in

4 any month beginning with the month in which the in5 dividual attains retirement age (as defined in section

6 216(l)).’’.

7 (b) CONFORMING AMENDMENT.—Section 203(f)(9) of

8 the Social Security Act (42 U.S.C. 403(f)(9)) is amended

9 by striking ‘‘and (8)(D),’’ and inserting ‘‘(8)(D), and

10 (8)(E),’’.

11 SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.

12 (a) ELIMINATION OF REDUNDANT REFERENCES TO

13 RETIREMENT AGE.—Section 203 of the Social Security Act

14 (42 U.S.C. 403) is amended—

15 (1) in subsection (c), in the last sentence, by

16 striking ‘‘nor shall any deduction’’ and all that fol17 lows and inserting ‘‘nor shall any deduction be made

18 under this subsection from any widow’s or widower’s

19 insurance benefit if the widow, surviving divorced

20 wife, widower, or surviving divorced husband involved

21 became entitled to such benefit prior to attaining age

22 60.’’; and

23 (2) in subsection (f)(1), by striking clause (D)

24 and inserting the following: ‘‘(D) for which such indi25 vidual is entitled to widow’s or widower’s insurance
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1 benefits if such individual became so entitled prior to

2 attaining age 60,’’.

3 (b) CONFORMING AMENDMENT TO PROVISIONS FOR

4 DETERMINING AMOUNT OF INCREASE ON ACCOUNT OF DE5 LAYED RETIREMENT.—Section 202(w)(2)(B)(ii) of the So6 cial Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended

7 by striking ‘‘or suffered deductions under section 203(b) or

8 203(c) in amounts equal to the amount of such benefit’’ and

9 inserting ‘‘or, if so entitled, did not receive benefits pursu10 ant to a request by such individual that benefits not be

11 paid’’.

12 SEC. 5. EFFECTIVE DATE.

13 The amendments made by this Act shall apply with

14 respect to taxable years ending after December 31, 1999.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 5

AMENDMENT