I 

116TH CONGRESS 

1ST SESSION H. R. 4655 

To amend title XVIII of the Social Security Act to provide for certain 

rules regarding the treatment of eligible retirement plans in determining 

the eligibility of individuals for premium and cost-sharing subsidies under 

part D of the Medicare program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 11, 2019 

Mrs. LEE of Nevada (for herself, Mr. DELGADO, and Ms. CLARKE of New 

York) introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on Ways 

and Means, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for certain rules regarding the treatment of eligible retirement plans in determining the eligibility of individuals 

for premium and cost-sharing subsidies under part D 

of the Medicare program, 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 ‘‘Enhancing Retirement 

5 Security for Medicare Beneficiaries Act of 2019’’. 


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1 SEC. 2. PROVIDING FOR CERTAIN RULES REGARDING THE 

2 TREATMENT OF ELIGIBLE RETIREMENT 

3 PLANS IN DETERMINING THE ELIGIBILITY OF 

4 INDIVIDUALS FOR PREMIUM AND COST5 SHARING SUBSIDIES UNDER PART D OF THE 

6 MEDICARE PROGRAM. 

7 (a) IN GENERAL.—Section 1860D–14(a)(3) of the 

8 Social Security Act (42 U.S.C. 1395w–114(a)(3)) is 

9 amended— 

10 (1) in subparagraph (A)(iii), by striking ‘‘sub11 paragraph (D)’’ and inserting ‘‘subparagraph 

12 (D)(i)’’; 

13 (2) in subparagraph (C)(i), by striking ‘‘except 

14 that support and maintenance furnished in kind 

15 shall not be counted as income; and’’ and inserting 

16 ‘‘except that— 

17 ‘‘(I) support and maintenance 

18 furnished in kind shall not be counted 

19 as income; and 

20 ‘‘(II) any distribution or with21 drawal from an eligible retirement 

22 plan (as defined in subparagraph (B) 

23 of section 402(c)(8) of the Internal 

24 Revenue Code of 1986, but excluding 

25 any defined benefit plan described in 

26 clause (iv) or (v) of such subparaVerDate Sep 11 2014 01:43 Oct 12, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4655.IH H4655

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1 graph and any qualified trust (as de2 fined in subparagraph (A) of such sec3 tion) which is part of such a defined 

4 benefit plan) shall be counted as in5 come; and’’; 

6 (3) in subparagraph (D)— 

7 (A) by redesignating clauses (i) and (ii) as 

8 subclauses (I) and (II), respectively, and mov9 ing the margin of each such subclause, as so re10 designated, 2 ems to the right; 

11 (B) by striking ‘‘The resources require12 ment’’ and inserting the following: 

13 ‘‘(i) IN GENERAL.—The resources re14 quirement’’; 

15 (C) by striking ‘‘subject to the life insur16 ance policy exclusion’’ and inserting ‘‘, subject 

17 to the exclusions’’; 

18 (D) by aligning the margin of the flush 

19 sentence at the end with the margin of clause 

20 (i), as added by subparagraph (B); and 

21 (E) by adding at the end the following: 

22 ‘‘(ii) APPLICATION OF RESOURCE

23 STANDARD WITH RESPECT TO CERTAIN

24 BENEFICIARIES.—In applying the re25 sources requirement of this subparagraph 


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1 under section 1905(p)(1)(C), such require2 ment shall be applied without regard to the 

3 exclusions provided under subparagraph 

4 (G).’’; 

5 (4) in subparagraph (E), by striking ‘‘subject to 

6 the life insurance policy exclusion’’ and inserting ‘‘, 

7 subject to the exclusions’’; and 

8 (5) in subparagraph (G)— 

9 (A) in the subparagraph heading, by strik10 ing ‘‘LIFE INSURANCE POLICY EXCLUSION’’ and 

11 inserting ‘‘RESOURCE EXCLUSIONS’’; and 

12 (B) by striking ‘‘for purposes of subpara13 graphs (D) and (E) no part of the value of any 

14 life insurance policy shall be taken into ac15 count.’’ and inserting ‘‘for purposes of subpara16 graphs (D)(i) and (E), the following exclusions 

17 shall apply: 

18 ‘‘(i) LIFE INSURANCE POLICY.—No 

19 part of the value of any life insurance pol20 icy shall be taken into account. 

21 ‘‘(ii) ELIGIBLE RETIREMENT PLAN.— 

22 No balance in any eligible retirement plan 

23 (as described in subparagraph (C)(i)(II)) 

24 shall be taken into acount.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to plan years begin3 ning on or after January 1, 2022. 

Æ 


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