I

106TH CONGRESS

1ST SESSION H. R. 5

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

test for individuals who have attained retirement age.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1999

Mr. SAM JOHNSON of Texas (for himself, Mr. PETERSON of Minnesota, Mr.

SESSIONS, Mr. ROHRABACHER, Mr. GOSS, Mr. MCCOLLUM, Mr.

CUNNINGHAM, Mr. ENGLISH, Mr. PAUL, Mr. UNDERWOOD, Mrs.

MORELLA, Mr. BURTON of Indiana, Mr. HORN, Mr. HOSTETTLER, Mr.

MCCRERY, Mr. HEFLEY, Mr. NEY, Mr. RAMSTAD, Mr. BOUCHER, Mr.

LOBIONDO, Ms. RIVERS, Mr. GREEN of Texas, Mr. KING, Mr.

MCINTOSH, Mrs. MYRICK, Mr. TAYLOR of North Carolina, Mr.

KUYKENDALL, Mr. WELLER, Mr. ROGERS, Mr. BARTON of Texas, Mr.

KNOLLENBERG, Mr. TERRY, Mr. PETERSON of Pennsylvania, Mr.

SOUDER, Ms. DUNN, Mr. BRADY of Texas, Mr. TIAHRT, Mr. STUMP, Mr.

SENSENBRENNER, Mrs. BONO, Mr. DOOLITTLE, Mr. THORNBERRY, Mr.

PACKARD, Ms. ROS-LEHTINEN, Mr. METCALF, Mr. FALEOMAVAEGA, Mr.

BLILEY, Mr. CHAMBLISS, Mr. WATTS of Oklahoma, Mr. SWEENEY, Mr.

DREIER, and Mr. HASTINGS of Washington) 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 retirement age.

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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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Senior Citizens’ Free3 dom to Work Act of 1999’’.

4 SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVID5 UALS WHO HAVE ATTAINED RETIREMENT

6 AGE.

7 Section 203 of the Social Security Act (42 U.S.C.

8 403) is amended—

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

10 seventy’’ and inserting ‘‘retirement age (as defined

11 in section 216(l))’’;

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

13 (d), by striking ‘‘the age of seventy’’ each place it

14 appears and inserting ‘‘retirement age (as defined in

15 section 216(l))’’;

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

17 age seventy or over’’ and inserting ‘‘was at or above

18 retirement age (as defined in section 216(l))’’;

19 (4) in subsection (f)(3)—

(A) by striking ‘‘331 20 ⁄3 percent’’ and all

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

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

23 earnings for such year in excess of the product

24 of the exempt amount as determined under

25 paragraph (8),’’; and
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1 (B) by striking ‘‘age 70’’ and inserting

2 ‘‘retirement age (as defined in section 216(l))’’;

3 (5) in subsection (h)(1)(A), by striking ‘‘age

4 70’’ each place it appears and inserting ‘‘retirement

5 age (as defined in section 216(l))’’; and

6 (6) in subsection (j)—

7 (A) in the heading, by striking ‘‘Age Sev8 enty’’ and inserting ‘‘Retirement Age’’; and

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

10 inserting ‘‘having attained retirement age (as

11 defined in section 216(l))’’.

12 SEC. 3. CONFORMING AMENDMENTS ELIMINATING THE

13 SPECIAL EXEMPT AMOUNT FOR INDIVIDUALS

14 WHO HAVE ATTAINED RETIREMENT AGE.

15 (a) UNIFORM EXEMPT AMOUNT.—Section

16 203(f)(8)(A) of the Social Security Act (42 U.S.C.

17 403(f)(8)(A)) is amended by striking ‘‘the new exempt

18 amounts (separately stated for individuals described in

19 subparagraph (D) and for other individuals) which are to

20 be applicable’’ and inserting ‘‘a new exempt amount which

21 shall be applicable’’.

22 (b) CONFORMING AMENDMENTS.—Section

23 203(f)(8)(B) of the Social Security Act (42 U.S.C.

24 403(f)(8)(B)) is amended—
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1 (1) in the matter preceding clause (i), by strik2 ing ‘‘Except’’ and all that follows through ‘‘which3 ever’’ and inserting ‘‘The exempt amount which is

4 applicable for each month of a particular taxable

5 year shall be whichever’’;

6 (2) in clauses (i) and (ii), by striking ‘‘cor7 responding’’ each place it appears; and

8 (3) in the last sentence, by striking ‘‘an exempt

9 amount’’ and inserting ‘‘the exempt amount’’.

10 (c) REPEAL OF BASIS FOR COMPUTATION OF SPE11 CIAL EXEMPT AMOUNT.—Section 203(f)(8)(D) of the So12 cial Security Act (42 U.S.C. 403(f)(8)(D)) is repealed.

13 SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.

14 (a) ELIMINATION OF REDUNDANT REFERENCES TO

15 RETIREMENT AGE.—Section 203 of the Social Security

16 Act (42 U.S.C. 403) is amended—

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

18 striking ‘‘nor shall any deduction’’ and all that fol19 lows and inserting ‘‘nor shall any deduction be made

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

21 insurance benefit if the widow, surviving divorced

22 wife, widower, or surviving divorced husband in23 volved became entitled to such benefit prior to at24 taining age 60.’’; and
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1 (2) in subsection (f)(1), by striking clause (D)

2 and inserting the following: ‘‘(D) for which such in3 dividual is entitled to widow’s or widower’s insurance

4 benefits if such individual became so entitled prior

5 to attaining age 60,’’.

6 (b) CONFORMING AMENDMENT TO PROVISIONS FOR

7 DETERMINING AMOUNT OF INCREASE ON ACCOUNT OF

8 DELAYED RETIREMENT.—Section 202(w)(2)(B)(ii) of the

9 Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is

10 amended—

11 (1) by striking ‘‘either’’; and

12 (2) by striking ‘‘or suffered deductions under

13 section 203(b) or 203(c) in amounts equal to the

14 amount of such benefit’’.

15 (c) PROVISIONS RELATING TO EARNINGS TAKEN

16 INTO ACCOUNT IN DETERMINING SUBSTANTIAL GAINFUL

17 ACTIVITY OF BLIND INDIVIDUALS.—The second sentence

18 of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4))

19 is amended by striking ‘‘if section 102 of the Senior Citi20 zens’ Right to Work Act of 1996 had not been enacted’’

21 and inserting the following: ‘‘if the amendments to section

22 203 made by section 102 of the Senior Citizens’ Right

23 to Work Act of 1996 and by the Senior Citizens’ Freedom

24 to Work Act of 1999 had not been enacted’’.
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1 SEC. 5. EFFECTIVE DATE.

2 The amendments and repeals made by this Act shall

3 apply with respect to taxable years ending after December

4 31, 1998.

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