[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4655 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4655
To amend title XVIII of the Social Security Act to provide for certain
rules regarding the treatment of eligible retirement plans in
determining the eligibility of individuals for premium and cost-sharing
subsidies under part D of the Medicare program, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 11, 2019
Mrs. Lee of Nevada (for herself, Mr. Delgado, and Ms. Clarke of New
York) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, 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
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A BILL
To amend title XVIII of the Social Security Act to provide for certain
rules regarding the treatment of eligible retirement plans in
determining the eligibility of individuals for premium and cost-sharing
subsidies under part D of the Medicare program, and for other purposes.
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 ``Enhancing Retirement Security for
Medicare Beneficiaries Act of 2019''.
SEC. 2. PROVIDING FOR CERTAIN RULES REGARDING THE TREATMENT OF ELIGIBLE
RETIREMENT PLANS IN DETERMINING THE ELIGIBILITY OF
INDIVIDUALS FOR PREMIUM AND COST-SHARING SUBSIDIES UNDER
PART D OF THE MEDICARE PROGRAM.
(a) In General.--Section 1860D-14(a)(3) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)) is amended--
(1) in subparagraph (A)(iii), by striking ``subparagraph
(D)'' and inserting ``subparagraph (D)(i)'';
(2) in subparagraph (C)(i), by striking ``except that
support and maintenance furnished in kind shall not be counted
as income; and'' and inserting ``except that--
``(I) support and maintenance
furnished in kind shall not be counted
as income; and
``(II) any distribution or
withdrawal from an eligible retirement
plan (as defined in subparagraph (B) of
section 402(c)(8) of the Internal
Revenue Code of 1986, but excluding any
defined benefit plan described in
clause (iv) or (v) of such subparagraph
and any qualified trust (as defined in
subparagraph (A) of such section) which
is part of such a defined benefit plan)
shall be counted as income; and'';
(3) in subparagraph (D)--
(A) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and moving the
margin of each such subclause, as so redesignated, 2
ems to the right;
(B) by striking ``The resources requirement'' and
inserting the following:
``(i) In general.--The resources
requirement'';
(C) by striking ``subject to the life insurance
policy exclusion'' and inserting ``, subject to the
exclusions'';
(D) by aligning the margin of the flush sentence at
the end with the margin of clause (i), as added by
subparagraph (B); and
(E) by adding at the end the following:
``(ii) Application of resource standard
with respect to certain beneficiaries.--In
applying the resources requirement of this
subparagraph under section 1905(p)(1)(C), such
requirement shall be applied without regard to
the exclusions provided under subparagraph
(G).'';
(4) in subparagraph (E), by striking ``subject to the life
insurance policy exclusion'' and inserting ``, subject to the
exclusions''; and
(5) in subparagraph (G)--
(A) in the subparagraph heading, by striking ``Life
insurance policy exclusion'' and inserting ``Resource
exclusions''; and
(B) by striking ``for purposes of subparagraphs (D)
and (E) no part of the value of any life insurance
policy shall be taken into account.'' and inserting
``for purposes of subparagraphs (D)(i) and (E), the
following exclusions shall apply:
``(i) Life insurance policy.--No part of
the value of any life insurance policy shall be
taken into account.
``(ii) Eligible retirement plan.--No
balance in any eligible retirement plan (as
described in subparagraph (C)(i)(II)) shall be
taken into acount.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to plan years beginning on or after January 1, 2022.
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