I

103D CONGRESS

1ST SESSION H. R. 300

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

JANUARY 5, 1993

Mr. HASTERT (for himself, Mr. GOSS, Mr. HOUGHTON, Mr. HANCOCK, Mr.

DARDEN, Mr. GIBBONS, Mr. CLEMENT, Mr. ACKERMAN, Mr. SHAYS, Mr.

BUNNING, Mr. COBLE, Mr. GOODLING, Mr. HUNTER, Mr. CRAMER, Mr.

LIGHTFOOT, Mr. DOOLITTLE, Mr. COMBEST, Mr. DORNAN, Mr. SUNDQUIST, Mr. MCCRERY, Mr. HEFLEY, Mr. HERGER, Mr. GALLEGLY, Mrs.

BENTLEY, Mr. ARMEY, Mr. BACCHUS of Florida, Mr. NEAL of North

Carolina, Ms. SNOWE, Mr. MCCOLLUM, Mr. UPTON, Mr. WALKER, Ms.

NORTON, Mr. CRANE, Mr. SMITH of Texas, Mr. OXLEY, Mr. TAYLOR of

North Carolina, Mrs. MORELLA, Mr. COLEMAN, Mr. TOWNS, Mr.

MICHEL, Mr. ROHRABACHER, Mr. PETE GEREN of Texas, Mr. MCDADE,

Mr. RAVENEL, Mr. INHOFE, Mr. KYL, Mr. HOCHBRUECKNER, Mr.

GALLO, Mr. HALL of Texas, Mr. HYDE, Mr. BILIRAKIS, Mr. HUTTO, Mr.

LIVINGSTON, Mr. HOBSON, Mrs. JOHNSON of Connecticut, Mr.

MACHTLEY, Mr. DUNCAN, Mr. NEAL of Massachusetts, Mr. MURTHA,

Mr. OBERSTAR, Mr. PAXON, Mr. HANSEN, Mr. BURTON of Indiana, Mr.

TRAFICANT, Mr. STUMP, Mr. BAKER of Louisiana, Mr. SMITH of Oregon,

Mr. SOLOMON, Mr. SENSENBRENNER, Mr. DELAY, Mr. WILSON, Mr.

MCCANDLESS, Ms. ROS-LEHTINEN, Mr. SMITH of New Jersey, Mr. ZIMMER, Mr. ZELIFF, Mr. GILLMOR, Mr. MOORHEAD, Mr. EMERSON, Mr.

QUILLEN, Mr. BAKER of California, Mr. CRAPO, Mr. SAM JOHNSON of

Texas, Mr. BEREUTER, Mr. BOUCHER, Mr. ALLARD, Mr. FROST, Mr.

MARTINEZ, Mr. HEFNER, Mr. ROTH, Mr. NUSSLE, Ms. FOWLER, Mr.

WELDON, Mr. KLUG, Mr. SANTORUM, Mr. ENGLISH of Oklahoma, Mr.

OWENS, Mr. KASICH, Mr. PETRI, Mr. TORRICELLI, Mr. EVANS, Mr. PORTER, Mr. ROBERTS, Mr. RAHALL, Ms. KAPTUR, Mr. PALLONE, Mr.

SCHAEFER, Mr. SHAW, Mr. SCHIFF, Mr. BARRETT of Nebraska, Mr.

STEARNS, Mr. THOMAS of Wyoming, Mrs. VUCANOVICH, Mr. HAYES, Mr.

WOLF, Mr. SARPALIUS, Mr. YOUNG of Florida, Mr. DE LUGO, Mr.

LEACH, Mr. FRANKS of Connecticut, Ms. SLAUGHTER, Mr. SAXTON, and

Mr. MARKEY) introduced the following bill; which was referred to the

Committee on Ways and Means
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•HR 300 IH

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Older Americans’

5 Freedom to Work Act of 1993’’.

6 SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVID7 UALS WHO HAVE ATTAINED RETIREMENT

8 AGE.

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

10 403) is amended—

11 (1) in paragraph (1) of subsection (c) and para12 graphs (1)(A) and (2) of subsection (d), by striking

13 ‘‘the age of seventy’’ and inserting ‘‘retirement age

14 (as defined in section 216(l))’’;

15 (2) in subsection (f)(1)(B), by striking ‘‘was

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

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

(3) in subsection (f)(3), by striking ‘‘331 18 ⁄3 per19 cent’’ and all that follows through ‘‘any other indi20 vidual,’’ and inserting ‘‘50 percent of such individ21 ual’s earnings for such year in excess of the product
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•HR 300 IH

1 of the exempt amount as determined under para2 graph (8),’’ and by striking ‘‘age 70’’ and inserting

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

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

5 70’’ each place it appears and inserting ‘‘retirement

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

7 (5) in subsection (j), by striking ‘‘Age Seventy’’

8 in the heading and inserting ‘‘Retirement Age’’, and

9 by striking ‘‘seventy years of age’’ and inserting

10 ‘‘having attained retirement age (as defined in sec11 tion 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 such Act (42 U.S.C. 403(f)(8)(B)) is

24 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 clause (i), by striking ‘‘corresponding’’;

7 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 such

12 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 the last sentence of subsection (c), 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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•HR 300 IH

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, or’’.

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

9 such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended—

10 (1) by striking ‘‘either’’; and

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

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

13 amount of such benefit’’.

14 (c) CONTINUED APPLICATION OF RULE GOVERNING

15 ENTITLEMENT OF BLIND BENEFICIARIES.—The second

16 sentence of section 223(d)(4) of such Act (42 U.S.C.

17 423(d)(4)) is amended by inserting after ‘‘subparagraph

18 (D) thereof’’ the following: ‘‘(or would be applicable to

19 such individuals but for the amendments made by the

20 Older Americans’ Freedom to Work Act of 1993)’’.

21 SEC. 5. EFFECTIVE DATE.

22 The amendments made by this Act shall apply only

23 with respect to taxable years ending after December 31,

24 1993.

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