I 

118TH CONGRESS 

2D SESSION H. R. 8872 

To provide for the exemption of certain earnings from the retirement earnings 

test, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2024 

Mr. THOMPSON of Pennsylvania (for himself and Mr. TRONE) introduced the 

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

A BILL 

To provide for the exemption of certain earnings from the 

retirement earnings test, and for other purposes. 

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 This Act may be cited as the ‘‘Health Care Worker 

5 and First Responder Fairness Act’’. 

6 SEC. 2. EXEMPTION OF CERTAIN EARNINGS FROM RETIRE7 MENT EARNINGS TEST. 

8 (a) IN GENERAL.—For purposes of subsection (b) of 

9 section 203 of the Social Security Act (42 U.S.C. 403(b)), 

10 wages paid during the period beginning on January 31, 


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1 2020, and ending on May 11, 2023, to an individual who 

2 attests to and provides evidence of being employed as a 

3 health care professional or first responder during such pe4 riod shall not be included in the determination of the indi5 vidual’s excess earnings under subsection (f)(3) of such 

6 section for any taxable year. 

7 (b) GUIDANCE.—Not later than 30 days after the 

8 date of the enactment of this Act, the Commissioner of 

9 Social Security shall issue guidance providing for appro10 priate procedures for the implementation of subsection 

11 (a). 

12 SEC. 3. FUTURE PANDEMIC PREPAREDNESS. 

13 (a) IN GENERAL.—For purposes of subsection (b) of 

14 section 203 of the Social Security Act (42 U.S.C. 403(b)), 

15 wages paid to an eligible individual during any public 

16 health emergency declared by the Secretary of Health and 

17 Human Services under section 319(a) of the Public Health 

18 Service Act (42 U.S.C. 247d(a)) shall not be included in 

19 the determination of the individual’s excess earnings 

20 under subsection (f)(3) of such section for any taxable 

21 year. 

22 (b) ISSUANCE OF WAIVERS.—During a public health 

23 emergency declared by the Secretary under section 319(a) 

24 of the Public Health Service Act (42 U.S.C. 247d(a)) in 

25 which the Secretary has determined that, wholly or parVerDate Sep 11 2014 02:09 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8872.IH H8872

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1 tially as a result of the public health emergency, there is 

2 a shortage of healthcare workers, the Commissioner of So3 cial Security may issue a waiver to an individual who at4 tests to and provides evidence of being employed as a 

5 health care professional or first responder during such 

6 public health emergency. 

7 (c) REPORT.—The Commissioner shall annually sub8 mit a report to Congress describing each waiver that has 

9 been issued under this section during the previous year. 

10 (d) ELIGIBLE INDIVIDUAL DEFINED.—For purposes 

11 of this section, the term ‘‘eligible individual’’ means an 

12 individual to whom the Commissioner has issued a waiver 

13 in accordance with subsection (b). 

14 SEC. 4. DEFINITIONS. 

15 In this Act: 

16 (1) COMMISSIONER.—The term ‘‘Commis17 sioner’’ means the Commissioner of Social Security. 

18 (2) HEALTH CARE PROFESSIONAL.—The term 

19 ‘‘health care professional’’ has the meaning given 

20 such term in section 225(d)(1) of the Public Health 

21 Service Act (42 U.S.C. 234(d)(1)). 

22 (3) FIRST RESPONDER.—The term ‘‘first re23 sponder’’ has the meaning given such term in sec24 tion 3025(1) of the Omnibus Crime Control and 

25 Safe Streets Act of 1968 (34 U.S.C. 10705(1)). 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

Æ 


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