I 
118TH CONGRESS 
1ST SESSION H. R. 5193 
To amend title II of the Social Security Act to repeal the retirement earnings 
test, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 11, 2023 
Mr. MURPHY (for himself, Ms. VAN DUYNE, Ms. TENNEY, Mr. TIFFANY, and 
Mrs. HARSHBARGER) introduced the following bill; which was referred to 
the Committee on Ways and Means 
A BILL 
To amend title II of the Social Security Act to repeal the 
retirement earnings test, and for other purposes. 
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 ‘‘Senior Citizens’ Free-
dom to Work Act of 2023’’. 
SEC. 2. REPEAL OF THE RETIREMENT EARNINGS TEST. 
(a) IN GENERAL.—Subsections (b), (c)(1), (d), (f), 
(h), (j), and (k) of section 203 of the Social Security Act 
(42 U.S.C. 403) are repealed. 
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(b) CONFORMING AMENDMENTS.—Section 203 of 
such Act (as amended by subsection (a)) is further amend-
ed— 
(1) by redesignating subsections (c), (e), (g), 
and (l) as subsections (b), (c), (d), and (e), respec-
tively; 
(2) in subsection (b) (as so redesignated)— 
(A) by striking ‘‘NONCOVERED
WORK 
OUTSIDE THE UNITED STATES OR’’; 
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (1), (2), and (3), respec-
tively; 
(C) by striking ‘‘paragraphs (2), (3), and 
(4) of’’; and 
(D) by striking the last sentence; 
(3) in subsection (c) (as so redesignated), by 
striking ‘‘subsections (c) and (d)’’ and inserting 
‘‘subsection (b)’’; 
(4) in subsection (d) (as so redesignated), by 
striking ‘‘subsection (c)’’ each place it appears and 
inserting ‘‘subsection (b)’’; and 
(5) in subsection (e) (as so redesignated), by 
striking ‘‘subsection (g) or (h)(1)(A)’’ and inserting 
‘‘subsection (d)’’. 
(c) ADDITIONAL CONFORMING AMENDMENTS.— 
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(1) PROVISIONS RELATING TO BENEFITS TER-
MINATED UPON DEPORTATION.—Section 202(n)(1) 
of the Social Security Act (42 U.S.C. 402(n)(1)) is 
amended by striking ‘‘Section 203(b), (c), and (d)’’ 
and inserting ‘‘Section 203(b)’’. 
(2) PROVISIONS
RELATING
TO
EXEMPTIONS 
FROM
REDUCTIONS
BASED
ON
EARLY
RETIRE-
MENT.—Section 202(q) of such Act (42 U.S.C. 
402(q)) is amended— 
(A) in paragraph (5)(B), by striking ‘‘sec-
tion 
203(c)(2)’’ 
and 
inserting 
‘‘section 
203(b)(1)’’; and 
(B) in paragraph (7)(A), by striking ‘‘de-
ductions under section 203(b), 203(c)(1), 
203(d)(1), or 222(b)’’ and inserting ‘‘deduc-
tions on account of work under section 203 (as 
in effect on the day before the date of the en-
actment of the Senior Citizens’ Freedom to 
Work Act of 2023) or deductions under section 
222(b)’’. 
(3) PROVISIONS
RELATING
TO
EXEMPTIONS 
FROM REDUCTIONS BASED ON DISREGARD OF CER-
TAIN ENTITLEMENTS TO CHILD’S INSURANCE BENE-
FITS.—Section 202(s) of such Act (42 U.S.C. 
402(s)) is amended— 
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(A) in paragraph (1), by striking ‘‘para-
graphs (2), (3), and (4) of section 203(c)’’ and 
inserting ‘‘paragraphs (1), (2), and (3) of sec-
tion 203(b)’’; and 
(B) in paragraph (3), by striking ‘‘The last 
sentence of subsection (c) of section 203, sub-
section (f)(1)(C) of section 203, and sub-
sections’’ and inserting ‘‘Subsections’’. 
(4) PROVISIONS RELATING TO SUSPENSION OF 
ALIENS’ BENEFITS.—Section 202(t)(7) of such Act 
(42 U.S.C. 402(t)(7)) is amended by striking ‘‘Sub-
sections (b), (c), and (d)’’ and inserting ‘‘Subsection 
(b)’’. 
(5) PROVISIONS RELATING TO REDUCTIONS IN 
BENEFITS BASED ON MAXIMUM BENEFITS.—Section 
203(a)(3)(B)(iii) 
of 
such 
Act 
(42 
U.S.C. 
403(a)(3)(B)(iii)) is amended by striking ‘‘and sub-
sections (b), (c), and (d)’’ and inserting ‘‘and sub-
section (b)’’. 
(6) PROVISIONS RELATING TO PENALTIES FOR 
MISREPRESENTATIONS CONCERNING EARNINGS FOR 
PERIODS SUBJECT TO DEDUCTIONS ON ACCOUNT OF 
WORK.—Section 208(a)(1)(C) of such Act (42 
U.S.C. 408(a)(1)(C)) is amended by striking ‘‘under 
section 203(f) of this title for purposes of deductions 
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from benefits’’ and inserting ‘‘under section 203 (as 
in effect on the day before the date of the enactment 
of the Senior Citizens’ Freedom to Work Act of 
2023) for purposes of deductions from benefits on 
account of work’’. 
(7) PROVISIONS TAKING INTO ACCOUNT EARN-
INGS
IN
DETERMINING
BENEFIT
COMPUTATION 
YEARS.—Clause (I) in the next to last sentence of 
section 215(b)(2)(A) of such Act (42 U.S.C. 
415(b)(2)(A)) is amended by striking ‘‘no earnings 
as described in section 203(f)(5) in such year’’ and 
inserting ‘‘no wages, and no net earnings from self- 
employment (in excess of net loss from self-employ-
ment), in such year’’. 
(8) PROVISIONS RELATING TO ROUNDING OF 
BENEFITS.—Section 215(g) of such Act (42 U.S.C. 
415(g)) is amended by striking ‘‘and any deduction 
under section 203(b)’’. 
(9) PROVISIONS DEFINING INCOME FOR PUR-
POSES OF SSI.—Section 1612(a) of such Act (42 
U.S.C. 1382a(a)) is amended— 
(A) in paragraph (1)(A), by striking ‘‘as 
determined under section 203(f)(5)(C)’’ and in-
serting ‘‘as defined in the last two sentences of 
this subsection’’; and 
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(B) by adding at the end (after and below 
paragraph (2)(H)) the following: 
‘‘For purposes of paragraph (1)(A), the term ‘wages’ 
means wages as defined in section 209, but computed 
without regard to the limitations as to amounts of remu-
neration specified in paragraphs (1), (6)(B), (6)(C), 
(7)(B), and (8) of section 209(a). In making the computa-
tion under the preceding sentence, (A) services which do 
not constitute employment as defined in section 210, per-
formed within the United States by an individual as an 
employee or performed outside the United States in the 
active military or naval services of the United States, shall 
be deemed to be employment as so defined if the remu-
neration for such services is not includible in computing 
the individual’s net earnings or net loss from self-employ-
ment for purposes of title II, and (B) the term ‘wages’ 
shall be deemed not to include (i) the amount of any pay-
ment made to, or on behalf of, an employee or any of his 
or her dependents (including any amount paid by an em-
ployer for insurance or annuities, or into a fund, to pro-
vide for any such payment) on account of retirement, or 
(ii) any payment or series of payments by an employer 
to an employee or any of his or her dependents upon or 
after the termination of the employee’s employment rela-
tionship because of retirement after attaining an age spec-
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ified in a plan referred to in section 209(a)(11)(B) or in 
a pension plan of the employer.’’. 
(d) REPEAL OF DEDUCTIONS ON ACCOUNT OF WORK 
UNDER THE RAILROAD RETIREMENT PROGRAM.— 
(1) IN GENERAL.—Section 2 of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231a) is amend-
ed— 
(A) by striking subsection (f); and 
(B) by striking subsection (g)(2) and by 
redesignating subsection (g)(1) as subsection 
(g). 
(2) CONFORMING AMENDMENTS.— 
(A) Section 3(f)(1) of such Act (45 U.S.C. 
231b(f)(1)) is amended in the first sentence by 
striking ‘‘before any reductions under the provi-
sions of section 2(f) of this Act,’’. 
(B) Section 4(g)(2) of such Act (45 U.S.C. 
231c(g)(2)) is amended— 
(i) in clause (i), by striking ‘‘shall, be-
fore any deductions under section 2(g) of 
this Act,’’ and inserting ‘‘shall’’; and 
(ii) in clause (ii), by striking ‘‘any de-
ductions under section 2(g) of this Act and 
before’’. 
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(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to taxable years end-
ing after December 31, 2023. 
Æ 
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