Social Security Expansion Act
A BILL
To enhance Social Security benefits and ensure the long-term solvency of the Social Security program.
Sec. 2 Across-the-board benefit increase
“(iii) For an individual who is eligible for an old-age or disability insurance benefit (or who dies before becoming eligible for such a benefit) in any calendar year after 2023, the amount determined for the individual under clause (ii) of this subparagraph for purposes of subparagraph (A)(i)(I) shall be increased by 22 percent.”
Sec. 3 Computation of cost-of-living increases
“(H) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor).”
“(D) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor).”
“(6) Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 3 of the Social Security Expansion Act, and, for purposes of making such an adjustment under such a provision, this subsection as in effect on the day before the date of enactment of such Act shall continue to apply.”
Sec. 4 Increase in minimum benefit for lifetime low earners based on years in the workforce
“(D)
“(i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2023, no primary insurance amount computed under subparagraph (A) may be less than the greater of—
“(I) the minimum monthly amount computed under subparagraph (C); or
“(II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii).
“(ii)
“(I) The alternative minimum amount determined under this clause is the applicable percentage of 1/12 of the annual dollar amount determined under clause (iii) for the year in which the amount is determined.
“(II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table:
“(iii) The annual dollar amount determined under this clause is—
“(I) for calendar year 2024, the poverty guideline for 2023; and
“(II) for any calendar year after 2024, the annual dollar amount for 2023 multiplied by the ratio of—
“(aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to
“(bb) the national average wage index (as so defined) for 2022.
“(iv) For purposes of this subparagraph—
“(I) the term year of work means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual’s wages and self-employment income; and
“(II) the term poverty guideline for 2023 means the annual poverty guideline for 2023 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual.”
Sec. 5 Extended benefit eligibility for children who are full-time students
“(i) in the case of a child who is the child of an individual entitled to old-age insurance benefits—
“(I) the first month during no part of which the child is a full-time elementary or secondary school student, or
“(II) the month in which the child attains the age of 19, and
“(ii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
“(I) the first month during no part of which the child is a full-time student at an educational institution, or
“(II) the month in which the child attains the age of 22,”
“(ii) in the case of a child who is the child of an individual entitled to old-age insurance benefits—
“(I) the first month during no part of which the child is a full-time elementary or secondary school student, or
“(II) the month in which the child attains the age of 19, and
“(iii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
“(I) the first month during no part of which the child is a full-time student at an educational institution, or
“(II) the month in which the child attains the age of 22,”
“(D) the earlier of—
“(i) in the case of a child who is the child of an individual entitled to old-age insurance benefits—
“(I) the first month during no part of which the child is a full-time elementary or secondary school student; or
“(II) the month in which the child attains the age of 19; and
“(ii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
“(I) the first month during no part of which the child is a full-time student at an educational institution; or
“(II) the month in which the child attains the age of 22,
“(E) if the child was under a disability (as so defined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 223(e), or (if later) the earlier of—
“(i) in the case of a child who is the child of an individual entitled to old-age insurance benefits—
“(I) the first month during no part of which the child is a full-time elementary or secondary school student; or
“(II) the month in which the child attains the age of 19; and
“(ii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
“(I) the first month during no part of which the child is a full-time student at an educational institution; or
“(II) the month in which the child attains the age of 22.”
“(E) The term full-time student at an educational institution means an individual who is in full-time attendance as a student at an elementary school (but only in the case of an individual who has not attained the age of 19) or a secondary school or an institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), as determined by the Commissioner of Social Security (in accordance with regulations prescribed by the Commissioner) in the light of the standards and practices of the schools and institutions involved, except that no individual shall be considered a full-time student at an educational institution if the individual is paid by his employer while attending a school or institution at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a full-time student at an educational institution for the purpose of this section while that individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to the individual's conviction of an offense (committed after the effective date of this sentence) which constituted a felony under applicable law. An individual who is determined to be a full-time student at an educational institution shall be deemed to be such a student throughout the month with respect to which such determination is made.
“(F) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student at a school or educational institution during any period of nonattendance at a school or institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner of Social Security that the individual intends to continue to be in full-time attendance at a secondary school or institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at such a school or institution immediately following such period.
“(G) A child who attains age 22 at a time when the child is a full-time student of an educational institution (as defined in subparagraph (E) and without application of subparagraph (F)) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) or, if such child is a student at an educational institution described in section 102 of the Higher Education Act of 1965, a diploma, degree, or equivalent degree from such an institution, shall be deemed (for purposes of determining whether the child's entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause (iii) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the secondary school or educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which the child is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).”
Sec. 6 Payroll tax on remuneration up to contribution and benefit base and more than $250,000
“(1) in the case of taxes imposed by sections 3101(a) and 3111(a), for any calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000, so much of the remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment that has been paid to an individual by an employer during the calendar year as exceeds such contribution and benefit base but does not exceed $250,000;”
“(aa) Special rules for successor employers—For purposes of subsection (a)(1), if an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining the amount of remuneration paid by the successor employer under such subsection, any remuneration (other than remuneration referred to in the paragraphs succeeding paragraph (1) of subsection (a)) with respect to employment paid (or considered under this subsection as having been paid) to such individual by such predecessor during such calendar year and prior to such acquisition shall be considered as having been paid by such successor employer.”
“(i) In general—For any calendar year in which the applicable base is less than $250,000, the term compensation does not include so much of the remuneration paid during any calendar year to an individual by an employer for services rendered as an employee to such employer as exceeds the applicable base but does not exceed $250,000.”
Sec. 7 Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000
“(1) in the case of the tax imposed by section 1401(a) for any taxable year beginning in a calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000, the excess (if any) of—
“(A) so much of the net earnings from self-employment which is in excess of—
“(i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus
“(ii) the amount of the wages paid to such individual during such taxable years, over
“(B) the sum of—
“(i) the excess (if any) of—
“(I) the net earning from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over
“(II) $250,000, reduced by such contribution and benefit base, plus
“(ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or”
Sec. 8 Tax on investment gain
“(3) Special rule—Net investment income shall not include—
“(A) any item taken into account in determining self-employment income for such taxable year on which a tax is imposed by section 1401, or
“(B) any item taken into account in determining wages received with respect to employment for such taxable year on which a tax is imposed by section 3101.”
Sec. 9 Social Security Trust Fund established
“(a) There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Social Security Trust Fund”. The Social Security Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the amount standing to the credit of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund on the books of the Treasury on January 1 of the first calendar year beginning after the date of the enactment of section 9 of the Social Security Expansion Act, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Social Security Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Social Security Trust Fund as hereinafter provided. There is hereby appropriated to the Social Security Trust Fund for the first fiscal year that begins after the date of the enactment of section 9 of the Social Security Expansion Act, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of—
“(1) the taxes imposed by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of the Internal Revenue Code of 1986, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports;
“(2) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns; and
“(3) 62 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986.”
“(II) the portion of such costs which should have been borne by the Social Security Trust Fund,”
“(h) All benefit payments required to be made under this title shall be made only from the Social Security Trust Fund.”
“(4) The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate the total amount to be reimbursed for the cost of services under this subsection.”
“(1) the Social Security Trust Fund;”