Sec. 831. Closure of unintended loopholes
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/bill/114/hr/1314/eah/section-831·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 202(r) of the Social Security Act ( 42 U.S.C. 402(r) ) is amended by striking paragraphs
(1)and
(2)and inserting the following: If an individual is eligible for a wife’s or husband’s insurance benefit (except in the case of eligibility pursuant to clause
(ii)of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), in any month for which the individual is entitled to an old-age insurance benefit, such individual shall be deemed to have filed an application for wife’s or husband’s insurance benefits for such month. If an individual is eligible (but for section 202(k)(4)) for an old-age insurance benefit in any month for which the individual is entitled to a wife’s or husband’s insurance benefit (except in the case of entitlement pursuant to clause
(ii)of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), such individual shall be deemed to have filed an application for old-age insurance benefits— for such month, or if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit. . Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— in subsection (b)(1), by striking subparagraph
(B)and inserting the following: has attained age 62, or in the case of a wife, has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, ; and in subsection (c)(1), by striking subparagraph
(B)and inserting the following: has attained age 62, or in the case of a husband, has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, . The amendments made by this subsection shall apply with respect to individuals who attain age 62 in any calendar year after 2015. Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended by adding at the end the following: Except as otherwise provided in this subsection, any individual who has attained retirement age (as defined in section 216(l)) and is entitled to old-age insurance benefits may request that payment of such benefits be suspended— beginning with the month following the month in which such request is received by the Commissioner, and ending with the earlier of the month following the month in which a request by the individual for a resumption of such benefits is so received or the month following the month in which the individual attains the age of 70. An individual may not suspend such benefits under this subsection, and any suspension of such benefits under this subsection shall end, effective with respect to any month in which the individual becomes subject to— mandatory suspension of such benefits under section 202(x); termination of such benefits under section 202(n); a penalty under section 1129A imposing nonpayment of such benefits; or any other withholding, in whole or in part, of such benefits under any other provision of law that authorizes recovery of a debt by withholding such benefits. In the case of an individual who requests that such benefits be suspended under this subsection, for any month during the period in which the suspension is in effect— no retroactive benefits (as defined in subsection (j)(4)(B)(iii)) shall be payable to such individual; no monthly benefit shall be payable to any other individual on the basis of such individual’s wages and self-employment income; and no monthly benefit shall be payable to such individual on the basis of another individual’s wages and self-employment income. . Section 202(w)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 402(w)(2)(B)(ii) ) is amended by inserting under section 202(z) after request . The amendments made by this subsection shall apply with respect to requests for benefit suspension submitted beginning at least 180 days after the date of the enactment of this Act.
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Sec. 831
Closure of unintended loopholes
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