Sec. 2. Exclusion of social security benefits from gross income
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Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section: Gross income shall not include social security benefits received by a taxpayer. The term social security benefit means any amount received by the taxpayer by reason of entitlement to— a monthly benefit under title II of the Social Security Act, or a tier 1 railroad retirement benefit. For purposes of this section, if, by reason of section 224 of the Social Security Act (or by reason of section 3(a)(1) of the Railroad Retirement Act of 1974), any social security benefit is reduced by reason of the receipt of a benefit under a workmen's compensation act, the term social security benefit includes that portion of such benefit received under the workmen's compensation act which equals such reduction.
For purposes of paragraph (1), the term tier 1 railroad retirement benefit means— the amount of the annuity under the Railroad Retirement Act of 1974 equal to the amount of the benefit to which the taxpayer would have been entitled under the Social Security Act if all of the service after December 31, 1936, of the employee (on whose employment record the annuity is being paid) had been included in the term employment as defined in the Social Security Act, and a monthly annuity amount under section 3(f)(3) of the Railroad Retirement Act of 1974. .
There are hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n-1(a) ) an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of this section.
Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. Section 86 of such Code is repealed. Any reference in any provision of law which refers to an amount not includible in gross income by reason of section 86 shall be treated as reference to an amount not includible in gross income by reason of this section.
The table of sections for part II of subchapter B of chapter 1 is amended by striking the item relating to section 86. The table of sections for part III of subchapter B of chapter 1 is amended by inserting after the item relating to section 139H the following new item: Sec. 139I. Social security and tier 1 railroad retirement benefits. . The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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