[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3659 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3659

   To exempt premium pay received by semi-retired workers during the 
  COVID-19 pandemic from the Social Security retirement earnings test.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2022

   Ms. Collins (for herself, Mr. Brown, Mr. Cassidy, and Mr. Casey) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To exempt premium pay received by semi-retired workers during the 
  COVID-19 pandemic from the Social Security retirement earnings test.

    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 ``Supporting Essential Workers in 
Retirement Act''.

SEC. 2. EXEMPTION OF PREMIUM PAY RECEIVED BY WORKERS DURING THE COVID-
              19 PANDEMIC FROM THE SOCIAL SECURITY RETIREMENT EARNINGS 
              TEST.

    (a) In General.--For purposes of subsection (b) of section 203 of 
the Social Security Act (42 U.S.C. 403), the amount of any additional 
earnings received by an individual that is attributable to the 
individual's receipt of premium pay 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) Definitions.--In this section:
            (1) COVID-19 emergency period.--The term ``COVID-19 
        emergency period'' means the period that begins on March 13, 
        2020, and ends on December 31, 2021.
            (2) Essential work.--The term ``essential work'' means any 
        work that--
                    (A) is performed during the COVID-19 emergency 
                period; and
                    (B) is needed to maintain continuity of operations 
                of essential critical infrastructure sectors and 
                additional sectors as each Governor of a State or 
                territory, or each Tribal government, may have 
                designated as critical to protect the health and well-
                being of the residents of their State, territory, or 
                Tribal government pursuant to section 602(g)(2) of the 
                Social Security Act (42 U.S.C. 802(g)(2)).
            (3) Premium pay.--The term ``premium pay'' means--
                    (A) a higher rate of pay to workers, beyond normal 
                compensation, for performing essential work during the 
                COVID-19 emergency period; or
                    (B) compensation paid to a worker for hours of 
                essential work performed in addition to the worker's 
                normal work schedule that results in the worker 
                receiving a higher average weekly compensation compared 
                to the average weekly compensation received by the 
                worker for work performed in the same position for the 
                same employer during the period that begins on January 
                1, 2020, and ends on March 13, 2020, or, if less, the 
                average weekly compensation received by the worker for 
                work performed in the same position for the same 
                employer during any portion of such period that is not 
                less than 14 consecutive days.
    (c) Employer Verification.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall issue guidance providing for the verification by 
        employers of record for employees who performed essential work 
        during the COVID-19 emergency period of premium pay disbursed 
        to such employees using Form SSA-131, Employer Report of 
        Special Payments.
            (2) Notice to employees.--Not later than 90 days after the 
        date of issuance of such guidance, employers shall inform 
        employees who performed essential work during the COVID-19 
        emergency period of their eligibility to elect to have their 
        premium pay excluded in the determination of the individual's 
        excess earnings under section 203(f)(3) of the Social Security 
        Act (42 U.S.C. 403(f)(3)) for any taxable year.
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