Section 1 Short title
This Act may be cited as the “Health Care Worker and First Responder Social Security Beneficiary Choice Act of 2022”.
Health Care Worker and First Responder Social Security Beneficiary Choice Act of 2022
A BILL
To provide for the exemption of certain earnings from the retirement earnings test, and for other purposes.
Sec. 2 Exemption of certain earnings from retirement earnings test
In general— For purposes of subsection (b) of section 203 of the Social Security Act (42 U.S.C. 403(b)), wages paid to an individual who attests to being employed in the healthcare workforce or as a first responder (as determined by the Commissioner of Social Security) during the COVID–19 public health emergency, shall not be included in the determination of the individual’s excess earnings under subsection (f)(3) of such section for any taxable year.
COVID–19 public health emergency— In this section, the term “COVID–19 public health emergency” means the period during which there exists—
the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”; and
any renewal of such declaration pursuant to such section 319.
Guidance— Not later than 30 days after the date of the enactment of this Act, the Commissioner of Social Security shall issue guidance providing for appropriate procedures for the implementation of subsection (a).
Sec. 3 Future pandemic preparedness
In general— For purposes of subsection (b) of section 203 of the Social Security Act (42 U.S.C. 403(b)), wages paid to an eligible individual (as defined in subsection (b) of this section) during any public health emergency declared by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)) shall not be included in the determination of the individual’s excess earnings under subsection (f)(3) of such section for any taxable year.
Eligible individual— For purposes of this section, an eligible individual is any individual who has in effect, as determined by the Commissioner of Social Security, a waiver issued to the individual by the Secretary of Health and Human Services in accordance with subsection (c).
Issuance of waivers— During a public health emergency declared by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)) in which the Secretary has determined that, wholly or partially as a result of the public health emergency, there is a shortage of healthcare workers, the Secretary may issue a waiver to any eligible individual who attests to being employed in the healthcare workforce or as a first responder during such public health emergency.
Report— The Secretary of Health and Human Services shall annually submit a report to Congress describing each waiver that has been issued under this section during the previous year.