I
107TH CONGRESS
2D SESSION
H. R. 5568
To amend the Internal Revenue Code of 1986 to repeal the 1993 income
tax increase on Social Security benefits and to increase the age at
which distributions must commence from certain retirement plans from
701⁄2 to 80.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 2002
Mr. WELDON of Florida introduced the following bill; which was referred to
the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to repeal
the 1993 income tax increase on Social Security benefits
and to increase the age at which distributions must
commence from certain retirement plans from 701⁄2 to
80.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Seniors’ Retirement
Recovery Act of 2002’’.
SEC. 2. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL
SECURITY BENEFITS.
(a) RESTORATION OF PRIOR LAW FORMULA.—Sub-
section (a) of section 86 of the Internal Revenue Code of
1986 is amended to read as follows:
‘‘(a) IN GENERAL.—Gross income for the taxable
year of any taxpayer described in subsection (b) (notwith-
standing section 207 of the Social Security Act) includes
Social Security benefits in an amount equal to the lesser
of—
‘‘(1) one-half of the Social Security benefits re-
ceived during the taxable year, or
‘‘(2) one-half of the excess described in sub-
section (b)(1).’’.
(b) REPEAL OF ADJUSTED BASE AMOUNT.—Sub-
section (c) of section 86 of such Code is amended to read
as follows:
‘‘(c) BASE AMOUNT.—For purposes of this section,
the term ‘base amount’ means—
‘‘(1) except as otherwise provided in this sub-
section, $25,000,
‘‘(2) $32,000 in the case of a joint return, and
‘‘(3) zero in the case of a taxpayer who—
‘‘(A) is married as of the close of the tax-
able year (within the meaning of section 7703)
but does not file a joint return for such year,
and
‘‘(B) does not live apart from his spouse at
all times during the taxable year.’’.
(c) CONFORMING AMENDMENTS.—
(1) Subparagraph (A) of section 871(a)(3) of
such Code is amended by striking ‘‘85 percent’’ and
inserting ‘‘50 percent’’.
(2)(A) Subparagraph (A) of section 121(e)(1)
of the Social Security Amendments of 1983 (Public
Law 98–21) is amended—
(i) by striking ‘‘(A) There’’ and inserting
‘‘There’’;
(ii) by striking ‘‘(i)’’ immediately following
‘‘amounts equivalent to’’; and
(iii) by striking ‘‘, less (ii)’’ and all that
follows and inserting a period.
(B) Paragraph (1) of section 121(e) of such Act
is amended by striking subparagraph (B).
(C) Paragraph (3) of section 121(e) of such Act
is amended by striking subparagraph (B) and by re-
designating subparagraph (C) as subparagraph (B).
(D) Paragraph (2) of section 121(e) of such
Act is amended in the first sentence by striking
‘‘paragraph (1)(A)’’ and inserting ‘‘paragraph (1)’’.
(d) EFFECTIVE DATES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by
this section shall apply to taxable years beginning
after December 31, 2001.
(2) SUBSECTION (c)(1).—The amendment made
by subsection (c)(1) shall apply to benefits paid after
December 31, 2001.
(3) SUBSECTION
(c)(2).—The amendments
made by subsection (c)(2) shall apply to tax liabil-
ities for taxable years beginning after December 31,
2001.
(e) MAINTENANCE OF TRANSFERS TO HOSPITAL IN-
SURANCE TRUST FUND.—
(1) IN
GENERAL.—There are hereby appro-
priated to the Hospital Insurance Trust Fund estab-
lished under section 1817 of the Social Security Act
amounts equal to the reduction in revenues to the
Treasury by reason of the enactment of this Act.
Amounts appropriated by the preceding sentence
shall be transferred from the general fund at such
times and in such manner as to replicate to the ex-
tent possible the transfers which would have oc-
curred to such Trust Fund had this Act not been
enacted.
(2) REPORTS.—The Secretary of the Treasury
or the Secretary’s delegate shall annually report to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate the amounts and timing of the transfers
under this subsection.
SEC. 3. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS
INCREASED TO 80.
(a) QUALIFIED PENSION PLANS.—Subparagraphs
(B)(iv) and (C) of section 401(a)(9) of the Internal Rev-
enue Code of 1986 (relating to required distributions) are
each amended by striking ‘‘701⁄2’’ each place it appears
and inserting ‘‘80’’.
(b) INDIVIDUAL RETIREMENT PLANS.—
(1) Paragraph (1) of section 219(d) of such
Code is amended—
(A) by striking ‘‘701⁄2’’ in the text and in-
serting ‘‘80’’, and
(B) by striking ‘‘701⁄2’’ in the heading and
inserting ‘‘80’’.
(2) Subsection (b) of section 408 of such Code
is amended by striking ‘‘701⁄2’’ and inserting ‘‘80’’.
(c) ROTH IRA’S.—Paragraph (4) of section 408A(c)
of such Code is amended—