I 
118TH CONGRESS 
2D SESSION 
H. R. 8872 
To provide for the exemption of certain earnings from the retirement earnings 
test, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2024 
Mr. THOMPSON of Pennsylvania (for himself and Mr. TRONE) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To provide for the exemption of certain earnings from 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 ‘‘Health Care Worker 
and First Responder Fairness Act’’. 
SEC. 2. EXEMPTION OF CERTAIN EARNINGS FROM RETIRE-
MENT EARNINGS TEST. 
(a) IN GENERAL.—For purposes of subsection (b) of 
section 203 of the Social Security Act (42 U.S.C. 403(b)), 
wages paid during the period beginning on January 31, 
VerDate Sep 11 2014 
02:09 Aug 09, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8872.IH
H8872
ssavage on LAPJG3WLY3PROD with BILLS
2020, and ending on May 11, 2023, to an individual who 
attests to and provides evidence of being employed as a 
health care professional or first responder during such pe-
riod shall not be included in the determination of the indi-
vidual’s excess earnings under subsection (f)(3) of such 
section for any taxable year. 
(b) GUIDANCE.—Not later than 30 days after the 
date of the enactment of this Act, the Commissioner of 
Social Security shall issue guidance providing for appro-
priate procedures for the implementation of subsection 
(a). 
SEC. 3. FUTURE PANDEMIC PREPAREDNESS. 
(a) IN GENERAL.—For purposes of subsection (b) of 
section 203 of the Social Security Act (42 U.S.C. 403(b)), 
wages paid to an eligible individual during any public 
health emergency declared by the Secretary of Health and 
Human Services under section 319(a) of the Public Health 
Service Act (42 U.S.C. 247d(a)) shall not be included in 
the determination of the individual’s excess earnings 
under subsection (f)(3) of such section for any taxable 
year. 
(b) ISSUANCE OF WAIVERS.—During a public health 
emergency declared by the Secretary under section 319(a) 
of the Public Health Service Act (42 U.S.C. 247d(a)) in 
which the Secretary has determined that, wholly or par-
VerDate Sep 11 2014 
02:09 Aug 09, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8872.IH
H8872
ssavage on LAPJG3WLY3PROD with BILLS
tially as a result of the public health emergency, there is 
a shortage of healthcare workers, the Commissioner of So-
cial Security may issue a waiver to an individual who at-
tests to and provides evidence of being employed as a 
health care professional or first responder during such 
public health emergency. 
(c) REPORT.—The Commissioner shall annually sub-
mit a report to Congress describing each waiver that has 
been issued under this section during the previous year. 
(d) ELIGIBLE INDIVIDUAL DEFINED.—For purposes 
of this section, the term ‘‘eligible individual’’ means an 
individual to whom the Commissioner has issued a waiver 
in accordance with subsection (b). 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
(2) HEALTH CARE PROFESSIONAL.—The term 
‘‘health care professional’’ has the meaning given 
such term in section 225(d)(1) of the Public Health 
Service Act (42 U.S.C. 234(d)(1)). 
(3) FIRST
RESPONDER.—The term ‘‘first re-
sponder’’ has the meaning given such term in sec-
tion 3025(1) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10705(1)). 
VerDate Sep 11 2014 
02:09 Aug 09, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8872.IH
H8872
ssavage on LAPJG3WLY3PROD with BILLS
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
Æ 
VerDate Sep 11 2014 
02:09 Aug 09, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H8872.IH
H8872
ssavage on LAPJG3WLY3PROD with BILLS