I 

114TH CONGRESS 

2D SESSION H. R. 6489 

To preserve Social Security for generations to come, reward work, and 

improve retirement security. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2016 

Mr. SAM JOHNSON of Texas introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To preserve Social Security for generations to come, reward 

work, and improve retirement security. 

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 ‘‘Social Security Reform 

5 Act of 2016’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—MODERNIZING SOCIAL SECURITY FOR THE 21ST 

CENTURY 

Sec. 101. Modernize the benefit formula. 


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Sec. 102. Raise full retirement age. 

Sec. 103. Use an accurate cost-of-living measure. 

Sec. 104. Cap on nonworking spouse benefit. 

Sec. 105. Cap on child’s benefit. 

Sec. 106. Require child beneficiaries to attend school. 

TITLE II—REWARDING WORK 

Sec. 201. Strengthening Social Security for long career workers. 

Sec. 202. Repeal of the Retirement Earnings Test. 

TITLE III—IMPROVING RETIREMENT SECURITY 

Sec. 301. Phaseout of tax on Social Security benefits relating to the Social Security trust funds. 

Sec. 302. Option to claim delayed retirement credit in partial lump sum. 

Sec. 303. Strengthening Social Security for low-income seniors. 

Sec. 304. End 7-year limitation for disabled surviving spouses. 

Sec. 305. Benefits for disabled surviving spouses. 

Sec. 306. Waive 2-year duration of divorce requirement. 

1 TITLE I—MODERNIZING SOCIAL 

2 SECURITY FOR THE 21ST CEN3 TURY 

4 SEC. 101. MODERNIZE THE BENEFIT FORMULA. 

5 (a) PRIMARY INSURANCE AMOUNT COMPUTATION.— 

6 Section 215(a)(1) of the Social Security Act (42 U.S.C. 

7 415(a)(1)) is amended— 

8 (1) in subparagraph (B)(ii), by inserting ‘‘and 

9 before 2023’’ after ‘‘after 1979’’; 

10 (2) by redesignating subparagraph (D) as sub11 paragraph (E); and 

12 (3) by inserting after subparagraph (C) the fol13 lowing new subparagraph: 

14 ‘‘(D)(i) In the case of an individual who initially be15 comes eligible for old-age or disability insurance benefits, 

16 or who dies (before becoming eligible for such benefits), 


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1 in any calendar year after 2022, the primary insurance 

2 amount of the individual shall (except as provided in 

3 clause (vii)) be equal to the sum of the amounts deter4 mined under clause (ii) with respect to all of the individ5 ual’s benefit computation years (as defined in subsection 

6 (b)(2)(B)). 

7 ‘‘(ii) For purposes of this subparagraph, the amount 

8 determined under this clause with respect to a benefit 

9 computation year of an individual shall be equal to the 

10 quotient derived by dividing— 

11 ‘‘(I) the product of the individual’s covered 

12 earnings ratio determined under clause (iii) for such 

13 benefit computation year and the sum of— 

14 ‘‘(aa) 95 percent of the wages and self-em15 ployment income of such individual credited for 

16 such computation year (as adjusted under sub17 section (b)(3)) to the extent that such wages 

18 and self-employment income do not exceed the 

19 amount established for purposes of this item by 

20 clause (iv), 

21 ‘‘(bb) 27.5 percent of such wages and self22 employment income to the extent that such 

23 wages and self-employment income exceed the 

24 amount established for purposes of item (aa) 


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1 but do not exceed the amount established for 

2 purposes of this item by clause (iv), 

3 ‘‘(cc) 5 percent of such wages and self-em4 ployment income to the extent that such wages 

5 and self-employment income exceed the amount 

6 established for purposes of item (bb) but do not 

7 exceed the amount established for purposes of 

8 this item by clause (iv), and 

9 ‘‘(dd) 2 percent of such wages and self-em10 ployment income to the extent that such wages 

11 and self-employment income exceed the amount 

12 established for purposes of item (cc), by 

13 ‘‘(II) the number of months in the individual’s 

14 benefit computation years (as defined in subsection 

15 (b)(2)(B)), 

16 rounded, if not a multiple of $0.10, to the next lower mul17 tiple of $0.10, and thereafter increased as provided in sub18 section (i). 

19 ‘‘(iii) An individual’s covered earnings ratio for a ben20 efit computation year is the ratio of— 

21 ‘‘(I) the total (after adjustment under sub22 section (b)(3)) of his wages paid in and self-employ23 ment income credited to such benefit computation 

24 year (determined without regard to clause (v)), to 


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1 ‘‘(II) the total (after adjustment under sub2 section (b)(3)) of his wages paid in and self-employ3 ment income credited to such benefit computation 

4 year (as determined under clause (v)). 

5 ‘‘(iv) The amount established for purposes of items 

6 (aa), (bb), and (cc) of clause (ii)(I) shall be, respectively— 

7 ‘‘(I) 25 percent of the national average wage 

8 index (as defined in section 209(k)(1)) for the sec9 ond calendar year preceding the calendar year for 

10 which the determination is made, 

11 ‘‘(II) 100 percent of the national average wage 

12 index (as so defined) for such calendar year, and 

13 ‘‘(III) 125 percent of the national average wage 

14 index (as so defined) for such calendar year. 

15 ‘‘(v)(I) For purposes of determining an individual’s 

16 primary insurance amount pursuant to clause (i), the total 

17 (after adjustment under subsection (b)(3)) of the individ18 ual’s wages paid in and self-employment income credited 

19 to a benefit computation year after 1977 shall be deter20 mined by treating all recorded noncovered earnings (as de21 fined in subclause (II)(aa)) derived by the individual from 

22 noncovered service performed in such benefit computation 

23 year as ‘wages’ (as defined in section 209 for purposes 

24 of this title), which shall be treated as included in the indi25 vidual’s adjusted total covered earnings (as defined in subVerDate Sep 11 2014 00:50 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489

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1 clause (II)(bb)) for such benefit computation year together 

2 with amounts consisting of ‘wages’ (as so defined without 

3 regard to this subparagraph) paid in such benefit com4 putation year and self-employment income (as defined in 

5 section 211(b)) credited to such benefit computation year. 

6 ‘‘(II) For purposes of this subparagraph— 

7 ‘‘(aa) the term ‘recorded noncovered earnings’ 

8 means earnings derived from noncovered service 

9 (other than noncovered service as a member of a 

10 uniformed service (as defined in section 210(m))) for 

11 which satisfactory evidence is determined by the 

12 Commissioner to be available in the records of the 

13 Commissioner, and 

14 ‘‘(bb) the term ‘adjusted total covered earnings’ 

15 means, in connection with an individual for a benefit 

16 computation year, the sum of the wages paid to the 

17 individual in such benefit computation year (as ad18 justed under subsection (b)(3)) plus the self-employ19 ment income derived by the individual credited to 

20 such benefit computation year (as adjusted under 

21 subsection (b)(3)). 

22 ‘‘(III) The Commissioner of Social Security shall pro23 vide by regulation or other public guidance for methods 

24 for determining whether satisfactory evidence is available 

25 in the records of the Commissioner for earnings for nonVerDate Sep 11 2014 00:50 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489

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1 covered service (other than noncovered service as a mem2 ber of a uniformed service (as defined in section 210(m))) 

3 to be treated as recorded noncovered earnings. Such meth4 ods shall provide for reliance on earnings information 

5 which is provided to the Commissioner by employers and 

6 which, as determined by the Commissioner, constitute a 

7 reasonable basis for treatment of earnings for noncovered 

8 service as recorded noncovered earnings. In making deter9 minations under this clause, the Commissioner shall also 

10 take into account any documentary or other evidence of 

11 earnings derived from noncovered service by an individual 

12 which is provided by the individual to the Commissioner 

13 and which the Commissioner considers appropriate as a 

14 reasonable basis for treatment of such earnings as re15 corded noncovered earnings. 

16 ‘‘(vi) In the case of any individual whose primary in17 surance amount would be computed under this subpara18 graph who first becomes entitled after 1985 to a monthly 

19 periodic payment made by a foreign employer or foreign 

20 country that is based in whole or in part upon noncovered 

21 service, the primary insurance amount of such individual 

22 shall be determined under section 215 as such section was 

23 in effect on the day before the enactment of the Social 

24 Security Reform Act of 2016 for months beginning with 


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1 the first month of the individual’s initial entitlement to 

2 such monthly periodic payment. 

3 ‘‘(vii) In the case of an individual who initially be4 comes eligible for old-age or disability insurance benefits, 

5 or who dies (before becoming eligible for such benefits), 

6 in any year during the 9-year period beginning with 2023, 

7 the primary insurance amount of the individual shall be 

8 equal to the sum of— 

9 ‘‘(I) the applicable percentage (specified for 

10 such year in the table set forth in clause (viii)) of 

11 the individual’s primary insurance amount, as deter12 mined under this subparagraph (other than this 

13 clause and clause (viii)) with the application of 

14 clauses (i) through (vi) of this subparagraph, plus 

15 ‘‘(II) a percentage, equal to the excess of 100 

16 percent over the applicable percentage, of the indi17 vidual’s primary insurance amount, as determined 

18 under this paragraph (other than this clause and 

19 clause (viii)) with the application of the preceding 

20 subparagraphs of this paragraph (as if such pre21 ceding subparagraphs applied for the individual and 

22 clauses (i) through (vi) of this subparagraph did not 

23 apply), 


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1 rounded to the nearest $1, except that any amount so es2 tablished which is a multiple of $0.50 but not of $1, shall 

3 be rounded to the next highest $1. 

4 ‘‘(viii) The table set forth in this clause is as follows: 

The applicable 

‘‘For the year: percentage is: 

2023 ................................................................................................... 10

2024 ................................................................................................... 20

2025 ................................................................................................... 30

2026 ................................................................................................... 40

2027 ................................................................................................... 50

2028 ................................................................................................... 60

2029 ................................................................................................... 70

2030 ................................................................................................... 80

2031 ................................................................................................... 90.’’. 

5 (b) REPEAL OF THE WINDFALL ELIMINATION PRO6 VISION.— 

7 (1) IN GENERAL.—Section 215(a) of the Social 

8 Security Act (42 U.S.C. 415(a)) is amended by 

9 striking paragraph (7). 

10 (2) CONFORMING AMENDMENTS.—Section 215 

11 of such Act (42 U.S.C. 415) is amended— 

12 (A) in subsection (d), by striking para13 graph (3); and 

14 (B) in subsection (f), by striking para15 graph (9). 

16 (c) COMPUTATION OF PRIMARY INSURANCE AMOUNT

17 FOR CURRENT BENEFICIARIES.—Section 215(a) of the 

18 Social Security Act (42 U.S.C. 415(a)) (as amended by 

19 subsections (a) and (b)) is further amended by inserting 

20 after paragraph (6) the following: 


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1 ‘‘(7) In the case of any individual who initially 

2 becomes eligible for an old-age or disability insur3 ance benefit before January 1, 2023, any computa4 tion or recomputation of the primary insurance 

5 amount of such individual shall be made under sec6 tion 215 as such section was in effect on the day be7 fore the enactment of section 101 of the Social Secu8 rity Reform Act of 2016.’’. 

9 (d) CONFORMING AMENDMENT.—Section 209(k)(1) 

10 of such Act (42 U.S.C. 409(k)(1)) is amended by striking 

11 ‘‘215(a)(1)(D)’’ and inserting ‘‘215(a)(1)(D)(iii), 

12 215(a)(1)(E)’’. 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to monthly insurance 

15 benefits payable on or after January 1, 2023. 

16 SEC. 102. RAISE FULL RETIREMENT AGE. 

17 (a) IN GENERAL.—Section 216(l) of the Social Secu18 rity Act (42 U.S.C. 416(l)) is amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (D), by striking 

21 ‘‘and’’ at the end; 

22 (B) in subparagraph (E), by striking ‘‘67 

23 years of age.’’ and inserting ‘‘and before Janu24 ary 1, 2023, 67 years of age;’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(F) with respect to an individual who attains 

2 early retirement age after December 31, 2022, and 

3 before January 1, 2030, 67 years of age plus the 

4 number of months in the age increase factor (as de5 termined under paragraph (3)) for the calendar year 

6 in which such individual attains early retirement 

7 age; and 

8 ‘‘(G) with respect to an individual who attains 

9 early retirement age after December 31, 2029, 69 

10 years of age.’’; and 

11 (2) in paragraph (3), by adding at the end the 

12 following: 

13 ‘‘(C) With respect to an individual who attains 

14 early retirement age in the 7-year period consisting 

15 of the calendar years 2023 through 2029, the age 

16 increase factor shall be equal to three-twelfths of the 

17 number of months in the period beginning with Jan18 uary 2023 and ending with December of the year in 

19 which the individual attains early retirement age.’’. 

20 (b) EXTENSION OF MAXIMUM AGE FOR ENTITLE21 MENT TO DELAYED RETIREMENT CREDIT.—Section 

22 202(w)(2)(A) of such Act (42 U.S.C. 402(w)(2)(A)) is 

23 amended— 


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1 (1) by striking ‘‘prior to the month in which 

2 such individual attained age 70, and’’ and inserting 

3 ‘‘prior to the later of—’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(i) the month in which such individual 

6 would attain age 70, or 

7 ‘‘(ii) the month which ends 36 months 

8 after the end of the month in which such indi9 vidual attained retirement age (as defined in 

10 section 216(l)), and’’. 

11 SEC. 103. USE AN ACCURATE COST-OF-LIVING MEASURE. 

12 (a) IN GENERAL.—Section 215(i)(1) of the Social Se13 curity Act (42 U.S.C. 415(i)(1)) is amended by adding 

14 at the end the following: 

15 ‘‘(H) the term ‘Consumer Price Index’ means 

16 the Chained Consumer Price Index for All Urban 

17 Consumers (C–CPI–U, as published in its initial 

18 version by the Bureau of Labor Statistics of the De19 partment of Labor).’’. 

20 (b) APPLICATION TO PRE-1979 LAW.— 

21 (1) IN GENERAL.—Section 215(i)(1) of the So22 cial Security Act as in effect in December 1978, and 

23 as applied in certain cases under the provisions of 

24 such Act as in effect after December 1978, is 

25 amended by adding at the end the following: 


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1 ‘‘(D) the term ‘Consumer Price Index’ means 

2 the Chained Consumer Price Index for All Urban 

3 Consumers (C–CPI–U, as published in its initial 

4 version by the Bureau of Labor Statistics of the De5 partment of Labor).’’. 

6 (2) CONFORMING CHANGE.—Section 215(i)(4) 

7 of the Social Security Act (42 U.S.C. 415(i)(4)) is 

8 amended by inserting ‘‘and by section 103 of the So9 cial Security Reform Act of 2016’’ after ‘‘1986’’. 

10 (c) NO EFFECT ON ADJUSTMENTS UNDER OTHER

11 LAWS.—Section 215(i) of such Act (42 U.S.C. 415(i)), as 

12 amended by subsection (a), is further amended by adding 

13 at the end the following: 

14 ‘‘(6) Any provision of law (other than in this 

15 title) which provides for adjustment of an amount 

16 based on a change in benefit amounts resulting from 

17 a determination made under this subsection shall be 

18 applied and administered without regard to the 

19 amendments made by section 103 of the Social Se20 curity Reform Act of 2016.’’. 

21 (d) LIMIT ON COLA.—Section 215(i)(2)(A) of the 

22 Social Security Act (42 U.S.C. 415(i)(2)(A)) is amended 

23 by adding at the end the following: 

24 ‘‘(iv)(I) In any case in which (but for this clause) an 

25 increase would take effect with December of any calendar 


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1 year after 2017 pursuant to clause (ii)(I) in the benefit 

2 amount to which an individual is entitled, any increase 

3 pursuant to clause (ii)(II) in an individual’s primary in4 surance amount, or any increase pursuant to clause 

5 (ii)(III) in the permitted amount of total monthly benefits 

6 based on an individual’s primary insurance amount, the 

7 applicable increase percentage with respect to the applica8 ble cost-of-living computation quarter shall be deemed to 

9 be zero in the case of such individual if the modified ad10 justed gross income of such individual for such calendar 

11 year, as would be determined for purposes of section 

12 1839(i), equals or exceeds the applicable base amount. 

13 ‘‘(II) For purposes of subclause (I), the applicable 

14 base amount is the threshold amount applicable for such 

15 calendar year under subparagraph (A) of section 

16 1839(i)(2) (or, in the case of an individual filing a joint 

17 return, the threshold amount so applicable under subpara18 graph (B) of such section). Such threshold amount shall 

19 be subject to adjustments under section 1839(i)(5).’’. 

20 (e) DISCLOSURE OF RETURN INFORMATION.— 

21 (1) IN GENERAL.—The first sentence of section 

22 6103(l)(20)(A) of the Internal Revenue Code of 

23 1986 is amended by inserting ‘‘, or whose increase 

24 in primary insurance amount may be limited under 


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1 section 215(i)(2)(A)(iv) of such Act’’ before the pe2 riod at the end. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 6103(l)(20)(A)(vii) of such 

5 Code is amended by inserting ‘‘that the increase 

6 in the taxpayer’s primary insurance amount 

7 under section 215(i)(2)(A)(iv) may be limited, 

8 or’’ after ‘‘section 1839 of the Social Security 

9 Act’’. 

10 (B) Section 6103(l)(20)(B)(i) of such Code 

11 is amended— 

12 (i) by inserting ‘‘, any limitation in an 

13 increase in primary insurance amount 

14 under such section 215(i)(2)(A)(iv),’’ after 

15 ‘‘under such section 1860D–13(a)(7)’’, and 

16 (ii) by inserting ‘‘or any such limita17 tion’’ after ‘‘adjustment or increase’’. 

18 (f) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the amendments made by this section 

21 shall apply with respect to adjustments effective with 

22 or after December 2018. 

23 (2) SUBSECTION (e).—The amendments made 

24 by subsection (e) shall apply to requests for informa25 tion after the date of the enactment of this Act. 


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1 SEC. 104. CAP ON NONWORKING SPOUSE BENEFIT. 

2 (a) WIFE’S INSURANCE BENEFITS.—Section 202(b) 

3 of the Social Security Act (42 U.S.C. 402(b)) is amend4 ed— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (D), by striking ‘‘such 

7 individual,’’ and inserting ‘‘such individual or, if 

8 less, than the amount determined under para9 graph (2)(B),’’; and 

10 (B) in subparagraph (J), by striking ‘‘one11 half of the primary insurance amount of such 

12 individual’’ and inserting ‘‘the lesser of— 

13 ‘‘(i) one-half of the primary insurance 

14 amount of such individual, or 

15 ‘‘(ii) the amount determined under para16 graph (2)(B), or’’; and 

17 (2) in paragraph (2)— 

18 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

19 (B) by inserting ‘‘subparagraphs (B) and 

20 (C) and’’ after ‘‘Except as provided in’’; and 

21 (C) by adding at the end the following new 

22 subparagraphs: 

23 ‘‘(B)(i) Effective with respect to a wife or divorced 

24 wife of an individual entitled to old-age or disability insur25 ance benefits who initially becomes eligible for such beneVerDate Sep 11 2014 00:50 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489

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1 fits after 2022, such wife’s insurance benefit for each 

2 month shall not exceed— 

3 ‘‘(I) if the month of such initial eligibility is be4 fore 2032, the transitional amount determined under 

5 subparagraph (C), or 

6 ‘‘(II) if the month of such initial eligibility is 

7 after 2031, 50 percent of the primary insurance 

8 amount determined for an individual who is an aver9 age wage index worker with respect to such month. 

10 ‘‘(ii) For purposes of clause (i), the term ‘average 

11 wage index worker’ with respect to a month means an in12 dividual who initially becomes eligible for old-age insur13 ance benefits during such month with average indexed 

monthly earnings equal to 1 14 ⁄12 of the national average 

15 wage index (as defined in section 209(k)(1)) for the sec16 ond calendar year preceding such month. 

17 ‘‘(C)(i) The transitional amount determined under 

18 this subparagraph is the excess of— 

19 ‘‘(I) the amount of the benefit determined 

20 under subparagraph (A), over 

21 ‘‘(II) the reduction amount determined under 

22 clause (ii) (if any). 

23 ‘‘(ii) The reduction amount determined under this 

24 clause is the applicable percentage specified in clause (iii) 

25 of the excess (if any) of— 


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1 ‘‘(I) the amount of the benefit determined 

2 under subparagraph (A), over 

3 ‘‘(II) 50 percent of the primary insurance 

4 amount determined for an individual who is an aver5 age wage index worker (as defined in subparagraph 

6 (B)(ii)) with respect to the month in which the indi7 vidual described in subparagraph (B)(i) initially be8 comes eligible for old-age or disability insurance ben9 efits. 

10 ‘‘(iii) For purposes of clause (ii), the applicable per11 centage specified in this clause is the percentage specified 

12 in connection with the year in which the individual de13 scribed in subparagraph (B)(i) initially becomes eligible 

14 for old-age or disability insurance benefits, as set forth 

15 in the following table: 

‘‘If the year in which the individual first becomes eligible is: The applicable 

percentage is: 

2023 ................................................................................................... 10

2024 ................................................................................................... 20

2025 ................................................................................................... 30

2026 ................................................................................................... 40

2027 ................................................................................................... 50

2028 ................................................................................................... 60

2029 ................................................................................................... 70

2030 ................................................................................................... 80

2031 ................................................................................................... 90. 

16 ‘‘(D) For purposes of this paragraph, an individual 

17 shall be deemed eligible for a benefit for a month if, upon 

18 filing application therefor in such month, she would be en19 titled to such benefit for such month.’’. 


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1 (b) HUSBAND’S INSURANCE BENEFITS.—Section 

2 202(c) of such Act (42 U.S.C. 402(c)) is amended— 

3 (1) in paragraph (1)— 

4 (A) in subparagraph (D), by striking ‘‘such 

5 individual,’’ and inserting ‘‘such individual or, if 

6 less, than the amount determined under para7 graph (2)(B),’’; and 

8 (B) in subparagraph (J), by striking ‘‘one9 half of the primary insurance amount of such 

10 individual’’ and inserting ‘‘the lesser of— 

11 ‘‘(i) one-half of the primary insurance 

12 amount of such individual, or 

13 ‘‘(ii) the amount determined under para14 graph (2)(B), or’’; and 

15 (2) in paragraph (2)— 

16 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

17 (B) by inserting ‘‘subparagraphs (B) and 

18 (C) and’’ after ‘‘Except as provided in’’; and 

19 (C) by adding at the end the following new 

20 subparagraphs: 

21 ‘‘(B)(i) Effective with respect to a husband or di22 vorced husband of an individual entitled to old-age or dis23 ability insurance benefits who initially becomes eligible for 

24 such benefits after 2022, such husband’s insurance benefit 

25 for each month shall not exceed— 


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1 ‘‘(I) if the month of such initial eligibility is be2 fore 2032, the transitional amount determined under 

3 subparagraph (C), or 

4 ‘‘(II) if the month of such initial eligibility is 

5 after 2031, 50 percent of the primary insurance 

6 amount determined for an individual who is an aver7 age wage index worker with respect to such month. 

8 ‘‘(ii) For purposes of clause (i), the term ‘average 

9 wage index worker’ with respect to a month means an in10 dividual who initially becomes eligible for old-age insur11 ance benefits during such month with average indexed 

monthly earnings equal to 1 12 ⁄12 of the national average 

13 wage index (as defined in section 209(k)(1)) for the sec14 ond calendar year preceding such month. 

15 ‘‘(C)(i) The transitional amount determined under 

16 this subparagraph is the excess of— 

17 ‘‘(I) the amount of the benefit determined 

18 under subparagraph (A), over 

19 ‘‘(II) the reduction amount determined under 

20 clause (ii) (if any). 

21 ‘‘(ii) The reduction amount determined under this 

22 clause is the applicable percentage specified in clause (iii) 

23 of the excess (if any) of— 

24 ‘‘(I) the amount of the benefit determined 

25 under subparagraph (A), over 


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1 ‘‘(II) 50 percent of the primary insurance 

2 amount determined for an individual who is an aver3 age wage index worker (as defined in subparagraph 

4 (B)(ii)) with respect to the month in which the indi5 vidual described in subparagraph (B)(i) initially be6 comes eligible for old-age or disability insurance ben7 efits. 

8 ‘‘(iii) For purposes of clause (ii), the applicable per9 centage specified in this clause is the percentage specified 

10 in connection with the year in which the individual de11 scribed in subparagraph (B)(i) initially becomes eligible 

12 for old-age or disability insurance benefits, as set forth 

13 in the following table: 

‘‘If the year in which the individual first becomes eligible is: The applicable 

percentage is: 

2023 ................................................................................................... 10

2024 ................................................................................................... 20

2025 ................................................................................................... 30

2026 ................................................................................................... 40

2027 ................................................................................................... 50

2028 ................................................................................................... 60

2029 ................................................................................................... 70

2030 ................................................................................................... 80

2031 ................................................................................................... 90. 

14 ‘‘(D) For purposes of this paragraph, an individual 

15 shall be deemed eligible for a benefit for a month if, upon 

16 filing application therefor in such month, he would be enti17 tled to such benefit for such month.’’. 

18 (c) CONFORMING AMENDMENT.—Section 209(k)(1) 

19 of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 

20 ‘‘202(b)(2)(B), 202(c)(2)(B),’’ before ‘‘203(f)(8)(B)(ii)’’. 


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1 SEC. 105. CAP ON CHILD’S BENEFIT. 

2 (a) CHILD’S INSURANCE BENEFITS.—Section 

3 202(d)(2) of the Social Security Act (42 U.S.C. 

4 402(d)(2)) is amended— 

5 (1) by striking ‘‘Such’’ in the first sentence and 

6 inserting ‘‘(A) Except as provided in subparagraph 

7 (B), such’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(B)(i) Such child’s insurance benefit for each 

10 month, with respect to a child of an individual entitled 

11 to old-age or disability insurance benefits who initially be12 comes eligible for such old-age or disability insurance ben13 efits after 2022 and has not died prior to the end of such 

14 month, shall not exceed— 

15 ‘‘(I) if the month of such initial eligibility is be16 fore 2032, the transitional amount determined under 

17 subparagraph (C), or 

18 ‘‘(II) if the month of such initial eligibility is 

19 after 2031, 50 percent of the primary insurance 

20 amount determined for an individual who is an aver21 age wage index worker with respect to such month. 

22 ‘‘(ii) For purposes of clause (i), the term ‘average 

23 wage index worker’ with respect to a month means an in24 dividual who initially becomes eligible for old-age insur25 ance benefits during such month with average indexed 

monthly earnings equal to 1 26 ⁄12 of the national average 


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1 wage index (as defined in section 209(k)(1)) for the sec2 ond calendar year preceding such month. 

3 ‘‘(C)(i) The transitional amount determined under 

4 this subparagraph is the excess of— 

5 ‘‘(I) the amount of the benefit determined 

6 under subparagraph (A), over 

7 ‘‘(II) the reduction amount determined under 

8 clause (ii) (if any). 

9 ‘‘(ii) The reduction amount determined under this 

10 clause is the applicable reduction percentage specified in 

11 clause (iii) of the excess (if any) of— 

12 ‘‘(I) the amount of the benefit determined 

13 under subparagraph (A), over 

14 ‘‘(II) 50 percent of the primary insurance 

15 amount as determined for an individual who is an 

16 average wage index worker (as defined in subpara17 graph (B)(ii)) with respect to the month in which 

18 the individual described in subparagraph (B)(i) ini19 tially becomes eligible for old-age or disability insur20 ance benefits. 

21 ‘‘(iii) For purposes of clause (ii), the applicable re22 duction percentage specified in this clause is the percent23 age specified in connection with the year in which the indi24 vidual described in subparagraph (B)(i) becomes entitled 


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1 to old-age or disability insurance benefits, as set forth in 

2 the following table: 

‘‘If the year in which the individual first becomes eligible is: The applicable reduction 

percentage is: 

2023 ................................................................................................... 10

2024 ................................................................................................... 20

2025 ................................................................................................... 30

2026 ................................................................................................... 40

2027 ................................................................................................... 50

2028 ................................................................................................... 60

2029 ................................................................................................... 70

2030 ................................................................................................... 80

2031 ................................................................................................... 90. 

3 ‘‘(D) For purposes of this paragraph, an individual 

4 shall be deemed eligible for a benefit for a month if, upon 

5 filing application therefor in such month, he would be enti6 tled to such benefit for such month.’’. 

7 (b) CONFORMING AMENDMENT.—Section 209(k)(1) 

8 of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 

9 ‘‘202(d)(2)(B),’’ before ‘‘203(f)(8)(B)(ii)’’. 

10 SEC. 106. REQUIRE CHILD BENEFICIARIES TO ATTEND 

11 SCHOOL. 

12 (a) CHILD’S BENEFITS UNDER TITLE II.— 

13 (1) IN GENERAL.—Section 202(d)(1)(B)(i) of 

14 the Social Security Act (42 U.S.C. 402(d)(1)(B)(i)) 

15 is amended by striking ‘‘age of 18’’ and inserting 

16 ‘‘applicable full-time attendance age’’. 

17 (2) APPLICABLE FULL-TIME ATTENDANCE

18 AGE.—Section 202(d)(7) of such Act (42 U.S.C. 

19 402(d)(7)) is amended by adding at the end the fol20 lowing: 


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1 ‘‘(E) The ‘applicable full-time attendance age’ 

2 is— 

3 ‘‘(i) the age of 18 (in the case of an indi4 vidual who becomes entitled to child’s insurance 

5 benefits before 2019), and 

6 ‘‘(ii) the age of 15 (in the case of an indi7 vidual who becomes entitled to child’s insurance 

8 benefits in or after 2019).’’. 

9 (3) CONFORMING AMENDMENTS.— 

10 (A) TERMINATION.—Section 202(d)(1) of 

11 such Act (42 U.S.C. 402(d)(1)) is amended in 

12 each of subparagraphs (E), (F), and (G) by 

13 striking ‘‘age of 18’’ each place it appears and 

14 inserting ‘‘applicable full-time attendance age’’. 

15 (B) REENTITLEMENT.—Section 202(d)(6) 

16 of such Act (42 U.S.C. 402(d)(6)) is amended 

17 by striking ‘‘age of 18’’ and inserting ‘‘applica18 ble full-time attendance age’’. 

19 TITLE II—REWARDING WORK 

20 SEC. 201. STRENGTHENING SOCIAL SECURITY FOR LONG 

21 CAREER WORKERS. 

22 (a) IN GENERAL.—Section 215(a)(1) of the Social 

23 Security Act (42 U.S.C. 415(a)(1)) (as amended by sec24 tion 101) is further amended— 


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1 (1) by redesignating subparagraph (E) (as re2 designated by section 101) as subparagraph (F); 

3 and 

4 (2) by inserting after subparagraph (D) (as re5 designated by section 101) the following new sub6 paragraph: 

7 ‘‘(E)(i) In the case of an individual who initially be8 comes eligible for old-age or disability insurance benefits, 

9 or who dies (before becoming eligible for such benefits), 

10 in any calendar year after 2022, the primary insurance 

11 amount computed under subparagraph (A) with respect 

12 to the individual shall not be less than the greater of— 

13 ‘‘(I) the minimum amount computed under sub14 paragraph (C), or 

15 ‘‘(II) except as provided in clause (iv), in the 

16 case of an individual who has at least 10 years of 

17 work (as defined in clause (iii)), the minimum 

18 amount determined under clause (ii). 

19 ‘‘(ii)(I) The minimum amount determined under this 

clause is the dollar amount equal to 1 20 ⁄12 of the applicable 

21 percentage of the national average wage index (as defined 

22 in section 209(k)(1)) for the second year prior to the year 

23 for which the amount is computed. 

24 ‘‘(II) For purposes of subclause (I), the applicable 

25 percentage is the percentage specified in connection with 


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1 the number of years of work, as set forth in the following 

2 table: 

‘‘If the number of years The applicable 

of work is: percentage is: 

11 ....................................................................................................... 3

12 ....................................................................................................... 6

13 ....................................................................................................... 9

14 ....................................................................................................... 12

15 ....................................................................................................... 15

16 ....................................................................................................... 16

17 ....................................................................................................... 17

18 ....................................................................................................... 18

19 ....................................................................................................... 19

20 ....................................................................................................... 25

21 ....................................................................................................... 252⁄3

22 ....................................................................................................... 261⁄3

23 ....................................................................................................... 27

24 ....................................................................................................... 272⁄3

25 ....................................................................................................... 281⁄3

26 ....................................................................................................... 29

27 ....................................................................................................... 292⁄3

28 ....................................................................................................... 301⁄3

29 ....................................................................................................... 31

30 ....................................................................................................... 312⁄3

31 ....................................................................................................... 321⁄3

32 ....................................................................................................... 33

33 ....................................................................................................... 332⁄3

34 ....................................................................................................... 341⁄3

35 or greater ...................................................................................... 35. 

3 ‘‘(iii)(I) For purposes of this subparagraph, the term 

4 ‘year of work’ means, with respect to an individual, a year 

5 to which there is credited wages and self-employment in6 come earned or derived by such individual in an amount 

7 equal to not less than, in the case of any such year, 

8 $10,875, multiplied by the ratio that the national average 

9 wage index (as defined in section 209(k)(1)) for the sec10 ond year prior to such year bears to the national average 

11 wage index (as so defined) for 2017. 

12 ‘‘(II) For purposes of applying the table in clause (ii) 

13 in the case of an individual entitled to disability insurance 


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1 benefits under section 223, the number of years of work 

2 of such individual shall be deemed to be the product of 

3 35 times the ratio of the actual number of years of work 

4 of such individual to the number of such individual’s ben5 efit computation years. Any such product which is not a 

6 multiple of one shall be rounded to the next higher mul7 tiple of one. 

8 ‘‘(III) In the case of a widow, surviving divorced wife, 

9 widower, surviving divorced husband, or surviving divorced 

10 parent (hereinafter in this subclause referred to as the 

11 ‘surviving beneficiary’) of an individual whose primary in12 surance amount is otherwise determined, but for this sub13 clause, under the preceding provisions of this subpara14 graph (hereinafter in this subclause referred to as the ‘in15 sured individual’), for purposes of determining the wid16 ow’s, widower’s, mother’s, or father’s insurance benefit of 

17 the surviving beneficiary under subsection (e), (f), or (g) 

18 of section 202 on the basis of such primary insurance 

19 amount, such primary insurance amount shall be deemed 

20 to be equal to the primary insurance amount which would 

21 be determined under this subparagraph (before applica22 tion of this subclause) if the number of years of work of 

23 the insured individual were equal to the product of 35 

24 times the ratio (not greater than one) of the actual num25 ber of years of work of the surviving beneficiary to the 


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1 number of the benefit computation years of the insured 

2 individual. Any such product which is not a multiple of 

3 one shall be rounded to the next higher multiple of one. 

4 ‘‘(iv) In the case of an individual who initially be5 comes eligible for old-age or disability insurance benefits, 

6 or who dies (before becoming eligible for such benefits), 

7 in any year during the 9-year period beginning with 2023, 

8 the primary insurance amount computed under subpara9 graph (A) with respect to the individual shall not be less 

10 than the greater of— 

11 ‘‘(I) the minimum amount computed under sub12 paragraph (C), or 

13 ‘‘(II) the applicable phase-in percentage (speci14 fied for such calendar year in the table set forth in 

15 clause (v)) of the minimum amount determined 

16 under clause (ii). 

17 ‘‘(v) The table set forth in this clause is as follows: 

The applicable phase-in 

‘‘For the calendar year: percentage is: 

2023 ................................................................................................... 10

2024 ................................................................................................... 20

2025 ................................................................................................... 30

2026 ................................................................................................... 40

2027 ................................................................................................... 50

2028 ................................................................................................... 60

2029 ................................................................................................... 70

2030 ................................................................................................... 80

2031 ................................................................................................... 90.’’. 

18 (b) CONFORMING AMENDMENT.—Section 209(k)(1) 

19 of such Act (42 U.S.C. 409(k)(1)) (as amended by section 


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1 101) is further amended by inserting ‘‘215(a)(1)(F),’’ 

2 after ‘‘215(a)(1)(E),’’. 

3 SEC. 202. REPEAL OF THE RETIREMENT EARNINGS TEST. 

4 (a) IN GENERAL.—Subsections (b), (c)(1), (d), (f), 

5 (h), (j), and (k) of section 203 of the Social Security Act 

6 (42 U.S.C. 403) are repealed. 

7 (b) CONFORMING AMENDMENTS.—Section 203 of 

8 such Act (as amended by subsection (a)) is further amend9 ed— 

10 (1) by redesignating subsections (c), (e), (g), 

11 and (l) as subsections (b), (c), (d), and (e), respec12 tively; 

13 (2) in subsection (b) (as so redesignated)— 

14 (A) by striking ‘‘NONCOVERED WORK

15 OUTSIDE THE UNITED STATES OR’’; 

16 (B) by redesignating paragraphs (2), (3), 

17 and (4) as paragraphs (1), (2), and (3), respec18 tively; 

19 (C) by striking ‘‘paragraphs (2), (3), and 

20 (4) of’’; and 

21 (D) by striking the last sentence; 

22 (3) in subsection (c) (as so redesignated), by 

23 striking ‘‘subsections (c) and (d)’’ and inserting 

24 ‘‘subsection (b)’’; 


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1 (4) in subsection (d) (as so redesignated), by 

2 striking ‘‘subsection (c)’’ each place it appears and 

3 inserting ‘‘subsection (b)’’; and 

4 (5) in subsection (e) (as so redesignated), by 

5 striking ‘‘subsection (g) or (h)(1)(A)’’ and inserting 

6 ‘‘subsection (d)’’. 

7 (c) ADDITIONAL CONFORMING AMENDMENTS.— 

8 (1) PROVISIONS RELATING TO BENEFITS TER9 MINATED UPON DEPORTATION.—Section 202(n)(1) 

10 of the Social Security Act (42 U.S.C. 402(n)(1)) is 

11 amended by striking ‘‘Section 203(b), (c), and (d)’’ 

12 and inserting ‘‘Section 203(b)’’. 

13 (2) PROVISIONS RELATING TO EXEMPTIONS

14 FROM REDUCTIONS BASED ON EARLY RETIRE15 MENT.—Section 202(q) of such Act (42 U.S.C. 

16 402(q)) is amended— 

17 (A) in paragraph (5)(B), by striking ‘‘sec18 tion 203(c)(2)’’ and inserting ‘‘section 

19 203(b)(1)’’; and 

20 (B) in paragraph (7)(A), by striking ‘‘de21 ductions under section 203(b), 203(c)(1), 

22 203(d)(1), or 222(b)’’ and inserting ‘‘deduc23 tions on account of work under section 203 or 

24 deductions under section 222(b)’’. 


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1 (3) PROVISIONS RELATING TO EXEMPTIONS

2 FROM REDUCTIONS BASED ON DISREGARD OF CER3 TAIN ENTITLEMENTS TO CHILD’S INSURANCE BENE4 FITS.—Section 202(s) of such Act (42 U.S.C. 

5 402(s)) is amended— 

6 (A) in paragraph (1), by striking ‘‘para7 graphs (2), (3), and (4) of section 203(c)’’ and 

8 inserting ‘‘paragraphs (1), (2), and (3) of sec9 tion 203(b)’’; and 

10 (B) in paragraph (3), by striking ‘‘The last 

11 sentence of subsection (c) of section 203, sub12 section (f)(1)(C) of section 203, and sub13 sections’’ and inserting ‘‘Subsections’’. 

14 (4) PROVISIONS RELATING TO SUSPENSION OF

15 ALIENS’ BENEFITS.—Section 202(t)(7) of such Act 

16 (42 U.S.C. 402(t)(7)) is amended by striking ‘‘Sub17 sections (b), (c), and (d)’’ and inserting ‘‘Subsection 

18 (b)’’. 

19 (5) PROVISIONS RELATING TO REDUCTIONS IN

20 BENEFITS BASED ON MAXIMUM BENEFITS.—Section 

21 203(a)(3)(B)(iii) of such Act (42 U.S.C. 

22 403(a)(3)(B)(iii)) is amended by striking ‘‘and sub23 sections (b), (c), and (d)’’ and inserting ‘‘and sub24 section (b)’’. 


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1 (6) PROVISIONS RELATING TO PENALTIES FOR

2 MISREPRESENTATIONS CONCERNING EARNINGS FOR

3 PERIODS SUBJECT TO DEDUCTIONS ON ACCOUNT OF

4 WORK.—Section 208(a)(1)(C) of such Act (42 

5 U.S.C. 408(a)(1)(C)) is amended by striking ‘‘under 

6 section 203(f) of this title for purposes of deductions 

7 from benefits’’ and inserting ‘‘under section 203 for 

8 purposes of deductions from benefits on account of 

9 work’’. 

10 (7) PROVISIONS TAKING INTO ACCOUNT EARN11 INGS IN DETERMINING BENEFIT COMPUTATION

12 YEARS.—Clause (I) in the next to last sentence of 

13 section 215(b)(2)(A) of such Act (42 U.S.C. 

14 415(b)(2)(A)) is amended by striking ‘‘no earnings 

15 as described in section 203(f)(5) in such year’’ and 

16 inserting ‘‘no wages, and no net earnings from self17 employment (in excess of net loss from self-employ18 ment), in such year’’. 

19 (8) PROVISIONS RELATING TO ROUNDING OF

20 BENEFITS.—Section 215(g) of such Act (42 U.S.C. 

21 415(g)) is amended by striking ‘‘and any deduction 

22 under section 203(b)’’. 

23 (9) PROVISIONS DEFINING INCOME FOR PUR24 POSES OF SSI.—Section 1612(a) of such Act (42 

25 U.S.C. 1382a(a)) is amended— 


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1 (A) in paragraph (1)(A), by striking ‘‘as 

2 determined under section 203(f)(5)(C)’’ and in3 serting ‘‘as defined in the last two sentences of 

4 this subsection’’; and 

5 (B) by adding at the end (after and below 

6 paragraph (2)(H)) the following: 

7 ‘‘For purposes of paragraph (1)(A), the term ‘wages’ 

8 means wages as defined in section 209, but computed 

9 without regard to the limitations as to amounts of remu10 neration specified in paragraphs (1), (6)(B), (6)(C), 

11 (7)(B), and (8) of section 209(a). In making the computa12 tion under the preceding sentence, (A) services which do 

13 not constitute employment as defined in section 210, per14 formed within the United States by an individual as an 

15 employee or performed outside the United States in the 

16 active military or naval services of the United States, shall 

17 be deemed to be employment as so defined if the remu18 neration for such services is not includible in computing 

19 the individual’s net earnings or net loss from self-employ20 ment for purposes of title II, and (B) the term ‘wages’ 

21 shall be deemed not to include (i) the amount of any pay22 ment made to, or on behalf of, an employee or any of his 

23 or her dependents (including any amount paid by an em24 ployer for insurance or annuities, or into a fund, to pro25 vide for any such payment) on account of retirement, or 


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1 (ii) any payment or series of payments by an employer 

2 to an employee or any of his or her dependents upon or 

3 after the termination of the employee’s employment rela4 tionship because of retirement after attaining an age spec5 ified in a plan referred to in section 209(a)(11)(B) or in 

6 a pension plan of the employer.’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply with respect to taxable years end9 ing after December 31, 2022. 

10 TITLE III—IMPROVING 

11 RETIREMENT SECURITY 

12 SEC. 301. PHASEOUT OF TAX ON SOCIAL SECURITY BENE13 FITS RELATING TO THE SOCIAL SECURITY 

14 TRUST FUNDS. 

15 (a) IN GENERAL.—Section 86 of the Internal Rev16 enue Code of 1986 is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(g) PHASEOUT OF TAX RELATING TO THE SOCIAL

19 SECURITY TRUST FUNDS.— 

20 ‘‘(1) IN GENERAL.—In the case of any taxable 

21 year beginning after December 31, 2044, and before 

22 January 1, 2054, the base amount shall be deter23 mined under subsection (c)(1) by— 


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1 ‘‘(A) substituting for ‘$25,000’ the amount 

2 determined in accordance with the following 

3 table: 

‘‘For taxable years beginning 

in calendar year— The amount is— 

2045 ............................................................................................. $32,500

2046 ............................................................................................. $40,000

2047 ............................................................................................. $47,500

2048 ............................................................................................. $55,000

2049 ............................................................................................. $62,500

2050 ............................................................................................. $70,000

2051 ............................................................................................. $77,500

2052 ............................................................................................. $85,000

2053 ............................................................................................. $92,500; 

4 and 

5 ‘‘(B) substituting for ‘$32,000’ the amount 

6 determined in accordance with the following 

7 table: 

‘‘For taxable years beginning 

in calendar year— The amount is— 

2045 ............................................................................................. $65,000

2046 ............................................................................................. $80,000

2047 ............................................................................................. $95,000

2048 ............................................................................................. $110,000

2049 ............................................................................................. $125,000

2050 ............................................................................................. $140,000

2051 ............................................................................................. $155,000

2052 ............................................................................................. $170,000

2053 ............................................................................................. $185,000. 

8 ‘‘(2) TERMINATION AFTER 2053 OF TAX RELAT9 ING TO THE SOCIAL SECURITY TRUST FUNDS.—In 

10 the case of any taxable year beginning after Decem11 ber 31, 2053— 

12 ‘‘(A) subsection (a)(1) shall not apply, and 

13 ‘‘(B) the amount determined under para14 graph (3)(A) shall be zero. 


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1 ‘‘(3) PRESERVATION OF TAX RELATING TO THE

2 HOSPITAL INSURANCE TRUST FUND.—In the case of 

3 any taxable year beginning after December 31, 

4 2044, the amount determined under subsection 

5 (a)(2) shall be equal to the sum of— 

6 ‘‘(A) the amount determined under sub7 section (a)(1) (after the application of para8 graphs (1) and (2) of this subsection), plus 

9 ‘‘(B) the excess of— 

10 ‘‘(i) the amount determined under 

11 subsection (a)(2)— 

12 ‘‘(I) without regard to this para13 graph, and 

14 ‘‘(II) by determining the base 

15 amount, and the amount determined 

16 under subsection (a)(1), without re17 gard to paragraphs (1) and (2) of this 

18 subsection, over 

19 ‘‘(ii) the amount determined under 

20 subsection (a)(1) without regard to para21 graphs (1) and (2) of this subsection.’’. 

22 (b) CONFORMING AMENDMENT.—Section 

23 871(a)(3)(A) of such Code is amended by inserting ‘‘(35 

24 percent in the case of taxable years beginning after De25 cember 31, 2053)’’ after ‘‘85 percent’’. 


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1 (c) TRANSFERS TO TRUST FUNDS.—With respect to 

2 tax liabilities determined for taxable years beginning after 

3 December 31, 2044, the aggregate increase in tax liabil4 ities described in section 121(e)(1)(A)(ii) of the Social Se5 curity Amendments of 1983 (and referred to in section 

6 121(e)(1)(B) of such Act) shall be equal to the aggregate 

7 increase in tax liabilities under chapter 1 of the Internal 

8 Revenue Code of 1986 which is attributable to section 

9 86(a)(2) of such Code (determined after application of 

10 section 86(g)(3) of such Code). With respect to tax liabil11 ities for taxable years beginning after December 31, 2053, 

12 such aggregate shall be increased by the aggregate in13 crease in such tax liabilities which is attributable to sec14 tion 871(a)(3)(A) of such Code. 

15 (d) EFFECTIVE DATES.— 

16 (1) IN GENERAL.—Except as otherwise pro17 vided in this subsection, the amendments made by 

18 this section shall apply to taxable years beginning 

19 after December 31, 2044. 

20 (2) CONFORMING AMENDMENT.—The amend21 ment made by subsection (b) shall apply to taxable 

22 years beginning after December 31, 2053. 


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1 SEC. 302. OPTION TO CLAIM DELAYED RETIREMENT CRED2 IT IN PARTIAL LUMP SUM. 

3 Section 202(w) of the Social Security Act (42 U.S.C. 

4 402(w)) is amended by adding at the end the following: 

5 ‘‘(7)(A) In any case in which an individual becomes 

6 entitled to an old-age insurance benefit in a calendar year 

7 after 2022, and such benefit is subject to a monthly in8 crease under paragraph (1), such individual may elect to 

9 receive, in lieu of the monthly increase under paragraph 

10 (1)— 

11 ‘‘(i) an alternate monthly increase as deter12 mined under subparagraph (E); and 

13 ‘‘(ii) in addition to such monthly benefit as in14 creased under clause (i), a one-time lump sum pay15 ment, payable at the time of such individual’s enti16 tlement to such benefit, equal to the sum of the 

17 present values (as determined by the Commissioner 

18 of Social Security using reasonable assumptions) of 

19 the applicable percentage (determined under sub20 paragraph (B)) of the amount of such monthly ben21 efit (as determined before the application of such in22 crease) for each month in the life expectancy period 

23 (determined under subparagraph (C)). 

24 ‘‘(B) The applicable percentage determined under 

25 this subparagraph is the percentage equal to the product 

26 of— 


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‘‘(i) 1 1 ⁄6 of 1 percent, multiplied by 

2 ‘‘(ii) the number (if any) of the increment 

3 months for such individual. 

4 ‘‘(C) The life expectancy period determined under 

5 this subparagraph is, with respect to an individual, the 

6 period— 

7 ‘‘(i) beginning with the month in which the in8 dividual becomes entitled to an old-age insurance 

9 benefit; and 

10 ‘‘(ii) ending with the month before the last 

11 month of life expectancy (as determined by the Com12 missioner of Social Security using reasonable actu13 arial assumptions) for the cohort of individuals who 

14 become eligible for an old-age insurance benefit in 

15 the same month as the individual. 

16 ‘‘(D) The Commissioner of Social Security shall cer17 tify to the Managing Trustee of the Federal Old-Age and 

18 Survivors Insurance Trust Fund the amount of any lump 

19 sum payment payable to an individual under subpara20 graph (A) and, upon receipt of such certification, the Man21 aging Trustee shall make payment of such lump sum pay22 ment to such individual from such Trust Fund. 

23 ‘‘(E) An alternate monthly increase for an individual 

24 determined under this subparagraph shall be equal to the 

25 monthly increase for the individual that would be deterVerDate Sep 11 2014 00:50 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489

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1 mined under paragraph (1) if such monthly increase were 

determined by substituting ‘1⁄2’ for ‘2 2 ⁄3’ in paragraph 

3 (6)(D). 

4 ‘‘(F)(i) For purposes of determining the amount of 

5 any benefit payable under this title on the basis of the 

6 wages and self-employment income of an individual who 

7 makes an election under this paragraph, the amount of 

8 any such benefit shall be determined as if such individual’s 

9 old-age benefit had been increased under paragraph (1) 

10 without regard to this paragraph. 

11 ‘‘(ii) For purposes of applying any reduction under 

12 subsection (k)(3)(A) to the monthly insurance benefit of 

13 an individual who makes an election under this paragraph, 

14 the amount of such individual’s old-age benefit shall be 

15 determined as if such old-age benefit had been increased 

16 under paragraph (1) without regard to this paragraph.’’. 

17 SEC. 303. STRENGTHENING SOCIAL SECURITY FOR LOW-IN18 COME SENIORS. 

19 (a) IN GENERAL.—Section 202 of the Social Security 

20 Act (42 U.S.C. 402) is amended by adding at the end the 

21 following: 

22 ‘‘(aa) INCREASE IN BENEFIT AMOUNTS ON ACCOUNT

23 OF LONG-TERM ELIGIBILITY.—(1) In the case of an indi24 vidual who is a qualified beneficiary for a calendar year 

25 after 2022, the amount of any monthly insurance benefit 


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1 of such qualified beneficiary under this section or section 

2 223 for any month in such calendar year shall be in3 creased in accordance with paragraph (3). 

4 ‘‘(2)(A) For purposes of this subsection, the term 

5 ‘qualified beneficiary’ for a calendar year means an indi6 vidual in any case in which— 

7 ‘‘(i) such calendar year begins at least 20 years 

8 after the applicable date of eligibility for such indi9 vidual; and 

10 ‘‘(ii) such individuals’s modified adjusted gross 

11 income (applicable with respect to such calendar 

12 year as determined under subparagraph (C)) is less 

13 than (subject to subparagraph (D)) the applicable 

14 base amount for such calendar year, or in the case 

15 of a joint return (within the meaning of section 

16 7701(a)(38) of the Internal Revenue Code of 1986), 

17 double such applicable base amount. 

18 ‘‘(B) For purposes of this subsection, the applicable 

19 date of eligibility for an individual is the date on which 

20 the individual on whose wages and self-employment in21 come the monthly insurance benefit is based initially be22 came eligible (or died before becoming eligible) for old23 age insurance benefits under subsection (a) or entitled to 

24 disability insurance benefits under section 223. 


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1 ‘‘(C) An individuals’s modified adjusted gross income 

2 applicable with respect to a calendar year shall be as de3 termined for purposes of section 1839(i)(4) with respect 

4 to premiums for a month in such year. 

5 ‘‘(D) For purposes of subparagraph (A)(ii), the appli6 cable base amount for a calendar year is— 

7 ‘‘(i) in the case of calendar year 2023, $25,000; 

8 and 

9 ‘‘(ii) in the case of any calendar year beginning 

10 after 2023, the product (rounded to the nearest mul11 tiple of $1,000) of $25,000 and the percentage (if 

12 any) by which the average of the Chained Consumer 

13 Price Index for All Urban Consumers (C–CPI–U, as 

14 published in its initial version by the Bureau of 

15 Labor Statistics of the Department of Labor) for 

16 the 12-month period ending with August of the pre17 ceding calendar year exceeds such average for the 

18 12-month period ending with August 2022. 

19 ‘‘(3)(A) The increase required under paragraph (1) 

20 with respect to the monthly insurance benefit of an indi21 vidual who is a qualified beneficiary for a calendar year 

22 shall be equal to the applicable percentage (specified for 

23 such benefit in subparagraph (B)) of the full increase 

24 amount for such calendar year (determined under sub25 paragraph (C)). 


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1 ‘‘(B) The applicable percentage specified for a 

2 monthly insurance benefit under this subparagraph for a 

3 calendar year is the percentage specified, in connection 

4 with the number of years ending after the applicable date 

5 of eligibility for such individual and before such calendar 

6 year, in the following table: 

The applicable 

‘‘If the number of years is: percentage is: 

20 ....................................................................................................... 20

21 ....................................................................................................... 40

22 ....................................................................................................... 60

23 ....................................................................................................... 80

24 or more ......................................................................................... 100. 

7 ‘‘(C)(i) Except as provided in clauses (ii) and (iii), 

8 the full increase amount determined under this subpara9 graph for a calendar year in connection with the monthly 

10 insurance benefit of a qualified beneficiary is a dollar 

11 amount equal to 5 percent of the primary insurance 

12 amount of a hypothetical individual if— 

13 ‘‘(I) such primary insurance amount is deter14 mined for January of such calendar year; 

15 ‘‘(II) on January 1 of the calendar year in 

16 which occurred the applicable date of eligibility with 

17 respect to such qualified beneficiary, such hypo18 thetical individual were fully insured, attained retire19 ment age (as defined in section 216(l)(2)) and were 

20 otherwise eligible for, and applied for, old-age insur21 ance benefits; and 


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1 ‘‘(III) such hypothetical individual’s average in2 dexed monthly earnings taken into account in deter3 mining such primary insurance amount were equal 

to 1 4 ⁄12 of the national average wage index (as de5 fined in section 209(k)(1)) for the second year prior 

6 to such calendar year. 

7 ‘‘(ii)(I) In the case of a monthly insurance benefit 

8 under subsection (b) or (c), the full increase amount deter9 mined under this subparagraph shall be one-half the 

10 amount determined under clause (i); or 

11 ‘‘(II) in the case of a monthly insurance benefit under 

12 subsection (d), (g), or (h), the full increase amount deter13 mined under this subparagraph shall be the percentage of 

14 the amount determined under clause (i) equal to the ratio 

15 which the amount of such benefit bears to the primary 

16 insurance amount (before the application of section 

17 203(a)) of the individual on whose wages and self-employ18 ment income the monthly insurance benefit is based. 

19 ‘‘(iii) In the case of an individual whose applicable 

20 date of eligibility is before 2019, the full increase amount 

21 determined under this subparagraph shall be the product 

22 of— 

23 ‘‘(I) the amount determined under clause (i) 

24 (after application of any reduction under clause (ii)); 

25 and 


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1 ‘‘(II) a fraction— 

2 ‘‘(aa) the numerator of which is the num3 ber of calendar years in the period beginning 

4 with calendar year 2019 and ending with the 

5 first calendar year for which the individual is a 

6 qualified beneficiary; and 

7 ‘‘(bb) the denominator of which is 24. 

8 ‘‘(4) In the case of a qualified beneficiary who is enti9 tled to 2 or more monthly insurance benefits under this 

10 title for the same month— 

11 ‘‘(A) the earliest applicable date of eligibility for 

12 such beneficiary with respect to such benefits shall 

13 be treated as the applicable date of eligibility for 

14 such beneficiary for the purposes of this subsection; 

15 and 

16 ‘‘(B) such beneficiary shall be entitled to an in17 crease with respect only to one such benefit. 

18 ‘‘(5) This subsection shall be applied to monthly in19 surance benefits after any increase under subsection (w) 

20 and any applicable reductions and deductions under this 

21 title. 

22 ‘‘(6) In any case in which an individual is entitled 

23 to benefits under both this section and section 223, the 

24 increase under this subsection shall be paid from the Fed25 eral Old-Age and Survivors Insurance Trust Fund.’’. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 202 of such Act (42 U.S.C. 402) is 

3 amended— 

4 (A) in the last sentence of subsection (a), 

5 by striking ‘‘subsection (q) and subsection (w)’’ 

6 and inserting ‘‘subsections (q), (w), and (aa)’’; 

7 (B) in subsection (b)(2), by striking ‘‘sub8 sections (k)(5) and (q)’’ and inserting ‘‘sub9 sections (k)(5), (q), and (aa)’’; 

10 (C) in subsection (c)(2), by striking ‘‘sub11 sections (k)(5) and (q)’’ and inserting ‘‘sub12 sections (k)(5), (q), and (aa)’’; 

13 (D) in subsection (d)(2), by adding at the 

14 end the following: ‘‘This paragraph shall apply 

15 subject to subsection (aa).’’; 

16 (E) in subsection (e)(2)(A), by striking 

17 ‘‘subsection (k)(5), subsection (q), and subpara18 graph (D) of this paragraph’’ and inserting 

19 ‘‘subsection (k)(5), subsection (q), subsection 

20 (aa), and subparagraph (D) of this paragraph’’; 

21 (F) in subsection (f)(2)(A), by striking 

22 ‘‘subsection (k)(5), subsection (q), and subpara23 graph (D) of this paragraph’’ and inserting 

24 ‘‘subsection (k)(5), subsection (q), subsection 

25 (aa), and subparagraph (D) of this paragraph’’; 


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1 (G) in subsection (g)(2), by striking 

2 ‘‘Such’’ and inserting ‘‘Except as provided in 

3 subsections (k)(5) and (aa), such’’; 

4 (H) in subsection (h)(2)(A), by inserting 

5 ‘‘and subsection (aa)’’ after ‘‘subparagraphs 

6 (B) and (C)’’; and 

7 (I) in section 223(a)(2), by striking ‘‘sec8 tion 202(q)’’ and inserting ‘‘sections 202(q) and 

9 202(aa)’’. 

10 (2) Section 203(a)(4) of such Act (42 U.S.C. 

11 403(a)(4)) is amended by inserting after ‘‘section 

12 222(b)’’ the following: ‘‘and before any increase 

13 under section 202(aa)’’. 

14 (3) Section 209(k)(1) of such Act (42 U.S.C. 

15 409(k)(1)) is amended by inserting 

16 ‘‘202(aa)(2)(D)(i), 202(aa)(3)(C)(i)(II),’’ before 

17 ‘‘203(f)(8)(B)(ii)’’. 

18 SEC. 304. END 7-YEAR LIMITATION FOR DISABLED SUR19 VIVING SPOUSES. 

20 (a) WIDOW’S INSURANCE BENEFITS.— 

21 (1) IN GENERAL.—Section 202(e) of the Social 

22 Security Act (42 U.S.C. 402(e)) is amended— 

23 (A) in paragraph (1)(B)(ii), by striking 

24 ‘‘which began before the end of the period spec25 ified in paragraph (4)’’; 


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1 (B) in paragraph (1)(F)(ii), by striking 

2 ‘‘(I) in the period specified in paragraph (4) 

3 and (II)’’; 

4 (C) by striking paragraph (4) and by re5 designating paragraphs (5) through (8) as 

6 paragraphs (4) through (7), respectively; and 

7 (D) in paragraph (4)(A)(ii) (as redesig8 nated by subparagraph (C)), by striking 

9 ‘‘whichever’’ and all that follows through ‘‘be10 gins’’ and inserting ‘‘the first day of the seven11 teenth month before the month in which her ap12 plication is filed’’. 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) Section 202(e)(1)(F)(i) of such Act 

15 (42 U.S.C. 402(e)(1)(F)(i)) is amended by 

16 striking ‘‘paragraph (5)’’ and inserting ‘‘para17 graph (4)’’. 

18 (B) Section 202(e)(1)(C)(ii)(III) of such 

19 Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amend20 ed by striking ‘‘paragraph (8)’’ and inserting 

21 ‘‘paragraph (6)’’. 

22 (C) Section 226(e)(1)(A)(i) of such Act 

23 (42 U.S.C. 426(e)(1)(A)(i)) is amended by 

24 striking ‘‘202(e)(4),’’. 

25 (b) WIDOWER’S INSURANCE BENEFITS.— 


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1 (1) IN GENERAL.—Section 202(f) of such Act 

2 (42 U.S.C. 402(f)) is amended— 

3 (A) in paragraph (1)(B)(ii), by striking 

4 ‘‘which began before the end of the period spec5 ified in paragraph (4)’’; 

6 (B) in paragraph (1)(F)(ii), by striking 

7 ‘‘(I) in the period specified in paragraph (4) 

8 and (II)’’; 

9 (C) by striking paragraph (4) and by re10 designating paragraphs (5) through (8) as 

11 paragraphs (4) through (7), respectively; and 

12 (D) in paragraph (4)(A)(ii) (as redesig13 nated by subparagraph (C)), by striking 

14 ‘‘whichever’’ and all that follows through ‘‘be15 gins’’ and inserting ‘‘the first day of the seven16 teenth month before the month in which his ap17 plication is filed’’. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) Section 202(f)(1)(F)(i) of such Act (42 

20 U.S.C. 402(f)(1)(F)(i)) is amended by striking 

21 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

22 (4)’’. 

23 (B) Section 202(f)(1)(C)(ii)(III) of such 

24 Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amendVerDate Sep 11 2014 00:50 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489

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1 ed by striking ‘‘paragraph (8)’’ and inserting 

2 ‘‘paragraph (6)’’. 

3 (C) Section 226(e)(1)(A)(i) of such Act (as 

4 amended by subsection (a)(2)(C)) is further 

5 amended by striking ‘‘202(f)(1)(B)(ii), and 

6 202(f)(4)’’ and inserting ‘‘and 

7 202(f)(1)(B)(ii)’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply with respect to benefits payable 

10 for months after December 2022 and for which applica11 tions are filed after December 2022. 

12 SEC. 305. BENEFITS FOR DISABLED SURVIVING SPOUSES. 

13 (a) IN GENERAL.— 

14 (1) ELIGIBILITY FOR WIDOW’S INSURANCE

15 BENEFITS.—Section 202(e)(1)(B)(ii) of the Social 

16 Security Act (42 U.S.C. 402(e)(1)(B)(ii)) is amend17 ed by striking ‘‘has attained age 50 but has not at18 tained age 60 and’’. 

19 (2) ELIGIBILITY FOR WIDOWER’S INSURANCE

20 BENEFITS.—Section 202(f)(1)(B)(ii) of such Act (42 

21 U.S.C. 402(f)(1)(B)(ii)) is amended by striking ‘‘has 

22 attained age 50 but has not attained age 60 and’’. 

23 (3) CONFORMING AMENDMENT.—Section 

24 202(q)(3)(A) of such Act (42 U.S.C. 402(q)(3)(A)) 

25 is amended by striking ‘‘If the first month’’ and all 


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1 that follows through ‘‘widow’s or widower’s insur2 ance benefit)’’ and inserting ‘‘If the first month for 

3 which an individual both is entitled to a wife’s or 

4 husband’s insurance benefit and has attained age 62 

5 or for which an individual is entitled to a widow’s or 

6 widower’s insurance benefit’’. 

7 (b) PRECLUSION OF ENTITLEMENT AFTER EARLY

8 REMARRIAGE.— 

9 (1) WIDOW’S INSURANCE BENEFITS.—Section 

10 202(e)(1)(B)(ii) of such Act (42 U.S.C. 

11 402(e)(1)(B)(ii)) is amended by inserting ‘‘and has 

12 not remarried prior to attaining the age which is 12 

13 years less than early retirement age (as defined in 

14 section 216(l)(2))’’ before the comma. 

15 (2) WIDOWER’S INSURANCE BENEFITS.—Sec16 tion 202(f)(1)(B)(ii) of such Act (42 U.S.C. 

17 402(f)(1)(B)(ii)) is amended by inserting ‘‘and has 

18 not remarried prior to attaining the age which is 12 

19 years less than early retirement age (as defined in 

20 section 216(l)(2))’’ before the comma. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply with respect to benefits payable 

23 for months after December 2022 and for which applica24 tions are filed after December 2022. 


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1 SEC. 306. WAIVE 2-YEAR DURATION OF DIVORCE REQUIRE2 MENT. 

3 (a) WIFE’S INSURANCE BENEFITS.—Section 

4 202(b)(4)(A) of the Social Security Act (42 U.S.C. 

5 402(b)(4)(A)) is amended by adding at the end the fol6 lowing new sentence: ‘‘The criterion for entitlement under 

7 clause (ii) shall be deemed met upon the remarriage of 

8 the insured individual to someone other than the applicant 

9 during the 2-year period referred to in such clause.’’. 

10 (b) HUSBAND’S INSURANCE BENEFITS.—Section 

11 202(c)(4)(A) of such Act (42 U.S.C. 402(c)(4)(A)) is 

12 amended by adding at the end the following new sentence: 

13 ‘‘The criterion for entitlement under clause (ii) shall be 

14 deemed met upon the remarriage of the insured individual 

15 to someone other than the applicant during the 2-year pe16 riod referred to in such clause.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to benefits payable 

19 for months after December 2022 and for which applica20 tions are filed after December 2022. 

Æ 


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