I
106TH CONGRESS
1ST SESSION
H. R. 5
To amend title II of the Social Security Act to eliminate the earnings
test for individuals who have attained retirement age.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1999
Mr. SAM JOHNSON of Texas (for himself, Mr. PETERSON of Minnesota, Mr.
SESSIONS, Mr. ROHRABACHER, Mr. GOSS, Mr. MCCOLLUM, Mr.
CUNNINGHAM, Mr. ENGLISH, Mr. PAUL, Mr. UNDERWOOD, Mrs.
MORELLA, Mr. BURTON of Indiana, Mr. HORN, Mr. HOSTETTLER, Mr.
MCCRERY, Mr. HEFLEY, Mr. NEY, Mr. RAMSTAD, Mr. BOUCHER, Mr.
LOBIONDO, Ms. RIVERS, Mr. GREEN
of Texas, Mr. KING, Mr.
MCINTOSH, Mrs. MYRICK, Mr. TAYLOR
of North Carolina, Mr.
KUYKENDALL, Mr. WELLER, Mr. ROGERS, Mr. BARTON of Texas, Mr.
KNOLLENBERG, Mr. TERRY, Mr. PETERSON
of Pennsylvania, Mr.
SOUDER, Ms. DUNN, Mr. BRADY of Texas, Mr. TIAHRT, Mr. STUMP, Mr.
SENSENBRENNER, Mrs. BONO, Mr. DOOLITTLE, Mr. THORNBERRY, Mr.
PACKARD, Ms. ROS-LEHTINEN, Mr. METCALF, Mr. FALEOMAVAEGA, Mr.
BLILEY, Mr. CHAMBLISS, Mr. WATTS of Oklahoma, Mr. SWEENEY, Mr.
DREIER, and Mr. HASTINGS of Washington) 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 eliminate
the earnings test for individuals who have attained retire-
ment age.
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 1999’’.
SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVID-
UALS WHO HAVE ATTAINED RETIREMENT
AGE.
Section 203 of the Social Security Act (42 U.S.C.
403) is amended—
(1) in subsection (c)(1), by striking ‘‘the age of
seventy’’ and inserting ‘‘retirement age (as defined
in section 216(l))’’;
(2) in paragraphs (1)(A) and (2) of subsection
(d), by striking ‘‘the age of seventy’’ each place it
appears and inserting ‘‘retirement age (as defined in
section 216(l))’’;
(3) in subsection (f)(1)(B), by striking ‘‘was
age seventy or over’’ and inserting ‘‘was at or above
retirement age (as defined in section 216(l))’’;
(4) in subsection (f)(3)—
(A) by striking ‘‘331⁄3 percent’’ and all
that follows through ‘‘any other individual,’’
and inserting ‘‘50 percent of such individual’s
earnings for such year in excess of the product
of the exempt amount as determined under
paragraph (8),’’; and
(B) by striking ‘‘age 70’’ and inserting
‘‘retirement age (as defined in section 216(l))’’;
(5) in subsection (h)(1)(A), by striking ‘‘age
70’’ each place it appears and inserting ‘‘retirement
age (as defined in section 216(l))’’; and
(6) in subsection (j)—
(A) in the heading, by striking ‘‘Age Sev-
enty’’ and inserting ‘‘Retirement Age’’; and
(B) by striking ‘‘seventy years of age’’ and
inserting ‘‘having attained retirement age (as
defined in section 216(l))’’.
SEC. 3. CONFORMING AMENDMENTS ELIMINATING THE
SPECIAL EXEMPT AMOUNT FOR INDIVIDUALS
WHO HAVE ATTAINED RETIREMENT AGE.
(a) 
UNIFORM
EXEMPT
AMOUNT.—Section
203(f)(8)(A) of the Social Security Act (42 U.S.C.
403(f)(8)(A)) is amended by striking ‘‘the new exempt
amounts (separately stated for individuals described in
subparagraph (D) and for other individuals) which are to
be applicable’’ and inserting ‘‘a new exempt amount which
shall be applicable’’.
(b) 
CONFORMING
AMENDMENTS.—Section
203(f)(8)(B) of the Social Security Act (42 U.S.C.
403(f)(8)(B)) is amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘Except’’ and all that follows through ‘‘which-
ever’’ and inserting ‘‘The exempt amount which is
applicable for each month of a particular taxable
year shall be whichever’’;
(2) in clauses (i) and (ii), by striking ‘‘cor-
responding’’ each place it appears; and
(3) in the last sentence, by striking ‘‘an exempt
amount’’ and inserting ‘‘the exempt amount’’.
(c) REPEAL OF BASIS FOR COMPUTATION OF SPE-
CIAL EXEMPT AMOUNT.—Section 203(f)(8)(D) of the So-
cial Security Act (42 U.S.C. 403(f)(8)(D)) is repealed.
SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.
(a) ELIMINATION OF REDUNDANT REFERENCES TO
RETIREMENT AGE.—Section 203 of the Social Security
Act (42 U.S.C. 403) is amended—
(1) in subsection (c), in the last sentence, by
striking ‘‘nor shall any deduction’’ and all that fol-
lows and inserting ‘‘nor shall any deduction be made
under this subsection from any widow’s or widower’s
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband in-
volved became entitled to such benefit prior to at-
taining age 60.’’; and
(2) in subsection (f)(1), by striking clause (D)
and inserting the following: ‘‘(D) for which such in-
dividual is entitled to widow’s or widower’s insurance
benefits if such individual became so entitled prior
to attaining age 60,’’.
(b) CONFORMING AMENDMENT TO PROVISIONS FOR
DETERMINING AMOUNT OF INCREASE ON ACCOUNT OF
DELAYED RETIREMENT.—Section 202(w)(2)(B)(ii) of the
Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended—
(1) by striking ‘‘either’’; and
(2) by striking ‘‘or suffered deductions under
section 203(b) or 203(c) in amounts equal to the
amount of such benefit’’.
(c) PROVISIONS RELATING
TO EARNINGS TAKEN
INTO ACCOUNT IN DETERMINING SUBSTANTIAL GAINFUL
ACTIVITY OF BLIND INDIVIDUALS.—The second sentence
of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4))
is amended by striking ‘‘if section 102 of the Senior Citi-
zens’ Right to Work Act of 1996 had not been enacted’’
and inserting the following: ‘‘if the amendments to section
203 made by section 102 of the Senior Citizens’ Right
to Work Act of 1996 and by the Senior Citizens’ Freedom
to Work Act of 1999 had not been enacted’’.
SEC. 5. EFFECTIVE DATE.
The amendments and repeals made by this Act shall
apply with respect to taxable years ending after December
31, 1998.
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