Social Security Earnings Test Repeal Act of 2011 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3348 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3348
To amend title II of the Social Security Act to remove the limitation
upon the amount of outside income which an individual may earn while
receiving benefits under such title, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2011
Mr. Gene Green of Texas 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 to remove the limitation
upon the amount of outside income which an individual may earn while
receiving benefits under such title, 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 ``Social Security Earnings Test Repeal
Act of 2011''.
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repealed.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 ``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)''; and
(4) in subsection (l), by redesignating such subsection as
subsection (e), and by striking ``subsection (g) or (h)(1)(A)''
and inserting ``subsection (d)''.
SEC. 3. ADDITIONAL CONFORMING AMENDMENTS.
(a) Provisions Relating to Benefits Terminated Upon Deportation.--
Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is
amended by striking ``Section 203 (b), (c), and (d)'' and inserting
``Section 203(b)''.
(b) 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)''.
(c) 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''.
(d) 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)''.
(e) 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)''.
(f) Provisions Relating to Penalties for Misrepresentations
Concerning Earnings for Periods Subject to Deductions on Account of
Work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) 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''.
(g) 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''.
(h) 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)''.
(i) Provisions Relating to Earnings Taken Into Account in
Determining Substantial Gainful Activity of Blind Individuals.--The
second sentence of section 223(d)(4)(A) of such Act (42 U.S.C.
423(d)(4)(A)) is amended by striking ``if section 102 of the Senior
Citizens Right to Work Act of 1996 had not been enacted'' and inserting
the following: ``if the amendments to section 203 made by section 102
of the Senior Citizens Right to Work Act of 1996 and by the Social
Security Earnings Test Repeal Act of 2011 had not been enacted''.
(j) 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)(H))
the following:
``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 paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). 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(a)(11)(B) or in a pension plan of the employer.''.
(k) Repeal of Deductions on Account of Work Under the Railroad
Retirement Program.--
(1) In general.--Section 2 of the Railroad Retirement Act
of 1974 (45 U.S.C. 231a) is amended--
(A) by striking subsection (f); and
(B) by striking subsection (g)(2) and by
redesignating subsection (g)(1) as subsection (g).
(2) Conforming amendments.--
(A) Section 3(f)(1) of such Act (45 U.S.C.
231b(f)(1)) is amended in the first sentence by
striking ``before any reductions under the provisions
of section 2(f) of this Act,''.
(B) Section 4(g)(2) of such Act (45 U.S.C.
231c(g)(2)) is amended--
(i) in clause (i), by striking ``shall,
before any deductions under section 2(g) of
this Act,'' and inserting ``shall''; and
(ii) in clause (ii), by striking ``any
deductions under section 2(g) of this Act and
before''.
SEC. 4. EFFECTIVE DATE.
The amendments and repeals made by this Act shall apply with
respect to taxable years ending on or after the date of the enactment
of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Social Security.
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