[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 65 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                 H. R. 65

To amend the Internal Revenue Code of 1986 to allow a refundable credit 
to military retirees for premiums paid for coverage under Medicare part 
                                   B.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

 Mrs. Emerson introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to allow a refundable credit 
to military retirees for premiums paid for coverage under Medicare part 
                                   B.

    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 ``Military Retiree Health Care Relief 
Act''.

SEC. 2. PREMIUMS PAID BY MILITARY RETIREES FOR MEDICARE PART B.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 35 as section 36 and by inserting 
after section 34 the following new section:

``SEC. 35. PREMIUMS PAID BY MILITARY RETIREES FOR MEDICARE PART B.

    ``(a) Allowance of Credit.--In the case of an eligible individual, 
there shall be allowed as a credit against the tax imposed by this 
chapter for the taxable year an amount equal to the aggregate premiums 
paid under section 1840 of the Social Security Act by the taxpayer 
during the taxable year for enrollment of the eligible individual under 
part B of title XVIII of such Act.
    ``(b) Eligible Individual.--For purposes of subsection (a), the 
term `eligible individual' means--
            ``(1) an individual who is entitled to retired or retainer 
        pay based upon service in the uniformed services (as defined in 
        section 101 of title 10, United States Code),
            ``(2) the spouse (as determined under section 7703) of an 
        individual described in paragraph (1), and
            ``(3) the widow or widower, as the case may be, of an 
        individual described in paragraph (1).''.
    (b) Technical Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``or from section 35 of 
        such Code'' before the period at the end.
            (2) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the last item and inserting the following new items:

                              ``Sec. 35. Premiums paid by military 
                                        retirees for medicare part B.
                              ``Sec. 36. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to expenses incurred after December 31, 1998.

SEC. 3. ELIMINATION OF MEDICARE PART B PREMIUM PENALTY.

    (a) In General.--Section 1839(b) of the Social Security Act (42 
U.S.C. 1395r(b)) is amended by adding at the end the following: ``Any 
increase in an individual's monthly premium under the first sentence of 
this subsection shall not be applicable with respect to an eligible 
individual (or dependent of such an individual), as defined in section 
25B(b) of the Internal Revenue Code of 1986.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to premiums for months beginning after the date of the enactment 
of this Act.
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