Crimson Red Sports

             Subtitle C--Protecting Social Security Benefits

SEC. 831. CLOSURE OF UNINTENDED LOOPHOLES.

    (a) Presumed Filing of Application by Individuals Eligible for Old-
Age Insurance Benefits and for Wife's or Husband's Insurance Benefits.--
            (1) In general.--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:
            ``(1) 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.
            ``(2) 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

[[Page 129 STAT. 612]]

        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--
                    ``(A) for such month, or
                    ``(B) 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.''.
            (2) Conforming amendment.--Section 202 of the Social
        Security Act (42 U.S.C. 402) is amended--
                    (A) in subsection (b)(1), by striking subparagraph
                (B) and inserting the following:
            ``(B)(i) has attained age 62, or
            ``(ii) 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
                    (B) in subsection (c)(1), by striking subparagraph
                (B) and inserting the following:
            ``(B)(i) has attained age 62, or
            ``(ii) 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,''.
            (3) <<NOTE: Applicability. 42 USC 402 note.>>  Effective
        date.--The amendments made by this subsection shall apply with
        respect to individuals who attain age 62 in any calendar year
        after 2015.

    (b) Voluntary Suspension of Benefits.--
            (1) In general.--Section 202 of the Social Security Act (42
        U.S.C. 402) is amended by adding at the end the following:

    ``(z) Voluntary Suspension.--(1)(A) 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--
                    ``(i) <<NOTE: Effective date.>>  beginning with the
                month following the month in which such request is
                received by the Commissioner, and
                    ``(ii) <<NOTE: Termination date.>>  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.

    ``(2) <<NOTE: Termination date.>>  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--
            ``(A) mandatory suspension of such benefits under section
        202(x);
            ``(B) termination of such benefits under section 202(n);
            ``(C) a penalty under section 1129A imposing nonpayment of
        such benefits; or
            ``(D) 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.

[[Page 129 STAT. 613]]

    ``(3) 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--
            ``(A) no retroactive benefits (as defined in subsection
        (j)(4)(B)(iii)) shall be payable to such individual;
            ``(B) no monthly benefit shall be payable to any other
        individual on the basis of such individual's wages and self-
        employment income; and
            ``(C) no monthly benefit shall be payable to such individual
        on the basis of another individual's wages and self-employment
        income.''.
            (2) Conforming amendment.--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''.
            (3) <<NOTE: Applicability. 42 USC 402 note.>>  Effective
        date.--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.

42 U.S.C. 402(r) Presumed filing of application by individuals eligible for old-age insurance benefits and for wife's or husband's insurance benefits
(1) If the first month for which an individual is entitled to an old-age insurance benefit is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible for a wife's or husband's insurance benefit for such first month, such individual shall be deemed to have filed an application in such month for wife's or husband's insurance benefits.
(2) If the first month for which an individual is entitled to a wife's or husband's insurance benefit reduced under subsection (q) of this section is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible (but for subsection (k)(4) of this section) for an old-age insurance benefit for such first month, such individual shall be deemed to have filed an application for old-age insurance benefits—
(A) in such month, or
(B) 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.

(3) For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, he would be entitled to such benefit for such month.

I doubt this applies to you Ricky, at least not this first piece.  Basically what it is doing is preventing folks from claiming Social Security when they get 62, then immediately suspending their benefits.  Since they claimed the benefit, technically they are "on social security" even though they don't get any money.  This allows their spouse/dependents to possibly claim a benefit, and other things to possibly kick in since they are technically "on social security".  The reason the person would not take the money though is so that their monthly amount would go up later.  They would eventually start taking the money at age 70 but they would get more money then because they waited.  But it allows the other stuff to go ahead and kick in at 62.

So, bottom line, it looks like they are closing some loopholes that people who don't need Social Security in the first place are using to get even more money (that they don't need).

If both the husband and the wife are already collecting social security every month then I don't think this will change anything for them.

Here is an article that explains it in more detail:  http://www.investmentnews.com/article/20151028/BLOG05/151029894/game-almost-over-for-social-security-claiming-strategies

#+  also an e-cred to Sc who worked hard getting this info for us and then explaining it some to help us. RTR!