Sec. 2. Repeal of the Retirement Earnings Test

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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(k)of section 203 of the Social Security Act ( 42 U.S.C. 403 ) are repealed. Section 203 of such Act (as amended by subsection (a)) is further amended— by redesignating subsections (c), (e), (g), and

(l)as subsections (b), (c), (d), and (e), respectively; in subsection

(b)(as so redesignated)— by striking ; Noncovered Work Outside the United States or by redesignating paragraphs (2), (3), and

(4)as paragraphs (1), (2), and (3), respectively; by striking paragraphs (2), (3), and

(4)of ; and by striking the last sentence; in subsection

(c)(as so redesignated), by striking subsections

(c)and

(d)and inserting subsection

(b); in subsection

(d)(as so redesignated), by striking subsection

(c)each place it appears and inserting subsection

(b); and in subsection

(e)(as so redesignated), by striking subsection

(g)or (h)(1)(A) and inserting subsection

(d). 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) . Section 202(q) of such Act ( 42 U.S.C. 402(q) ) is amended— in paragraph (5)(B), by striking section 203(c)(2) and inserting section 203(b)(1) ; and in paragraph (7)(A), 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 (as in effect on the day before the date of the enactment of the . Senior Citizens’ Freedom to Work Act of 2021 ) or deductions under section 222(b) Section 202(s) of such Act ( 42 U.S.C. 402(s) ) is amended— in paragraph (1), by striking paragraphs (2), (3), and

(4)of section 203(c) and inserting paragraphs (1), (2), and

(3)of section 203(b) ; and in paragraph (3), by striking The last sentence of subsection

(c)of section 203, subsection (f)(1)(C) of section 203, and subsections and inserting Subsections . 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). 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). 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 (as in effect on the day before the date of the enactment of the . Senior Citizens’ Freedom to Work Act of 2021 ) for purposes of deductions from benefits on account of work 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 . Section 215(g) of such Act ( 42 U.S.C. 415(g) ) is amended by striking and any deduction under section 203(b) . Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) ) is amended— in paragraph (1)(A), by striking as determined under section 203(f)(5)(C) and inserting as defined in the last two sentences of this subsection ; and 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. . Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— by striking subsection (f); and by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). 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, . Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) ) is amended— in clause (i), by striking shall, before any deductions under section 2(g) of this Act, and inserting shall ; and in clause (ii), by striking any deductions under section 2(g) of this Act and before . The amendments made by this section shall apply with respect to taxable years ending after December 31, 2021.

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Sec. 2

Repeal of the Retirement Earnings Test

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