[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 397 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 397

   To amend title II of the Social Security Act so as to remove the 
 limitation upon the amount of outside income which an individual may 
               earn while receiving benefits thereunder.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Solomon 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 so as to remove the 
 limitation upon the amount of outside income which an individual may 
               earn while receiving benefits thereunder.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Earnings Test 
Elimination Act''.

SEC. 2. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK.

    (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repealed.
    (b) Conforming Amendments.--Section 203 of such Act (as amended by 
subsection (a)) is further amended--
            (1) in subsection (c), by redesignating such subsection as 
        subsection (b), and--
                    (A) by striking ``Noncovered Work Outside the 
                United States or'' in the heading;
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (1), (2), and (3), respectively;
                    (C) by striking ``For purposes of paragraphs (2), 
                (3), and (4)'' and inserting in lieu thereof ``For 
                purposes of paragraphs (1), (2), and (3)''; and
                    (D) by striking the last sentence;
            (2) in subsection (e), by redesignating such subsection as 
        subsection (c), and by striking ``subsections (c) and (d)'' and 
        inserting ``subsection (b)'';
            (3) in subsection (g), by redesignating such subsection as 
        subsection (d), and by striking ``subsection (c)'' each place 
        it appears and inserting ``subsection (b)'';
            (4) in subsection (i), by redesignating such subsection as 
        subsection (e), and by striking ``subsection (b), (c), (g), or 
        (h)'' and inserting ``subsections (b) or (d)''; and
            (5) in subsection (l), by redesignating such subsection as 
        subsection (f), and by striking ``subsection (g) or (h)(1)(A)'' 
        and inserting ``subsection (d)''.

SEC. 3. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Provisions Relating to Applications for Retroactive Benefits.--
Section 202(j)(4)(B) of the Social Security Act (42 U.S.C. 
402(j)(4)(B)) is amended by striking clause (iv), and by redesignating 
clause (v) as clause (iv).
    (b) Provisions Relating to Benefits Terminated Upon Deportation.--
Section 202(n)(1) of such Act (42 U.S.C. 402(n)(1)) is amended by 
striking ``Section 203(b), (c), and (d)'' and inserting ``Section 
203(b)''.
    (c) Provisions Relating to Exemptions From Reductions Based on 
Early Retirement.--
            (1) Section 202(q)(5)(B) of such Act (42 U.S.C. 
        402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and 
        inserting ``section 203(b)(1)''.
            (2) Section 202(q)(7)(A) of such Act (42 U.S.C. 
        402(q)(7)(A)) is amended by striking ``deductions under section 
        203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting 
        ``deductions on account of work under section 203 or deductions 
        under section 222(b)''.
    (d) Provisions Relating to Exemptions From Reductions Based on 
Disregard of Certain Entitlements to Child's Insurance Benefits.--
            (1) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is 
        amended by striking ``paragraphs (2), (3), and (4) of section 
        203(c)'' and inserting ``paragraphs (1), (2), and (3) of 
        section 203(b)''.
            (2) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is 
        amended by striking ``The last sentence of subsection (c) of 
        section 203, subsection (f)(1)(C) of section 203, and 
        subsections'' and inserting ``Subsections''.
    (e) 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 
``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''.
    (f) Provisions Relating to Benefits Increased on Account of Delayed 
Retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 
402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''.
    (g) 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 subsections (b), (c), 
and (d)'' and inserting ``and subsection (b)''.
    (h) Provisions Relating to Penalties for Misrepresentations 
Concerning Earnings for Periods Subject to Deductions on Account of 
Work.--Section 208(a)(3) of such Act (42 U.S.C. 408(a)(3)) is amended 
by striking ``under section 203(f) of this title for purposes of 
deductions from benefits'' and inserting ``under section 203 for 
purposes of deductions from benefits on account of work''.
    (i) Provisions Taking Into Account Earnings 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-employment), in such year''.
    (j) 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)''.
    (k) 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 ``the exempt amount under section 203(f)(8) 
which is applicable to individuals described in subparagraph (D) 
thereof'' and inserting the following: ``an amount equal to the exempt 
amount which would have been applicable under section 203(f)(8), to 
individuals described in subparagraph (D) thereof, if subsections (b) 
through (l) of section 203 as in effect in December 1988 had remained 
in effect through the month in which such earnings were derived''.
    (l) Provisions Defining Income for Purposes of SSI.--Section 
1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
            (1) by striking ``as determined under section 
        203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined 
        in the last two sentences of this subsection''; and
            (2) by adding at the end (after and below paragraph (2)(F)) 
        the following new sentences:
``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 remuneration specified in subsections (a), (g)(2), 
(g)(3), (h)(2), and (j) of such section. In making the computation 
under the preceding sentence, (A) services which do not constitute 
employment as defined in section 210, performed 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 remuneration for 
such services is not includible in computing the individual's net 
earnings or net loss from self-employment for purposes of title II, and 
(B) the term `wages' shall be deemed not to include (i) the amount of 
any payment made to, or on behalf of, an employee or any of his or her 
dependents (including any amount paid by an employer for insurance or 
annuities, or into a fund, to provide 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 relationship because of 
retirement after attaining an age specified in a plan referred to in 
section 209(m)(2) or in a pension plan of the employer.''.
    (m) Repeal of Deductions on Account of Work Under the Railroad 
Retirement Program.--Section 2 of the Railroad Retirement Act of 1974 
(45 U.S.C. 231a) is amended by striking subsections (f) and (g)(2).

SEC. 4. EFFECTIVE DATE.

    The amendments and repeals made by this Act shall be effective with 
respect to taxable years ending on and after the date of the enactment 
of this Act.

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