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[DOCID: f:h2110ih.txt]
107th CONGRESS
1st Session
H. R. 2110
To provide for the establishment and maintenance of personal Social
Security investment accounts under the Social Security system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2001
Mr. Petri introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide for the establishment and maintenance of personal Social
Security investment accounts under the Social Security system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Security Act of 2001''.
SEC. 2. INDIVIDUAL RETIREMENT INVESTMENT PROGRAM AND PERSONAL SOCIAL
SECURITY INVESTMENT ACCOUNTS.
(a) In General.--Title II of the Social Security Act is amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following new part:
``Part B--Individual Retirement Investment Program
``definitions
``Sec. 251. For purposes of this part--
``(1) Account holder.--The term `account holder' means an
individual for whom a personal Social Security investment
account is established under section 252(b).
``(2) Investment account.--The term `investment account'
means a personal Social Security investment account established
under section 252(b).
``(3) Trust fund.--The term `Trust Fund' means the Social
Security Investment Trust Fund established under section 260.
``(4) Executive director.--The term `Executive Director'
means the Executive Director under this part authorized to so
serve under section 266(b).
``(5) Board.--The term `Board' means the Board of Trustees
of the Trust Fund authorized to so serve under section 266(a).
``personal social security investment accounts
``Sec. 252. (a) Certification of New Account Holders.--Upon the
issuance of a Social Security account number under section 205(c)(2) to
an individual born on or after July 1, 2002, the Commissioner of Social
Security shall certify to the Executive Director and the Secretary of
the Treasury the identity and Social Security account number of such
individual.
``(b) Establishment of Personal Social Security Investment
Accounts.--Upon receipt of any certification under subsection (a) with
respect to an individual, the Executive Director shall establish a
personal Social Security investment account for such individual.
Amounts in the Social Security Investment Trust Fund shall be credited
by the Executive Director to the investment account in accordance with
this part. The investment account shall be identified to the account
holder by means of the account holder's Social Security account number.
The Executive Director shall establish an investment account for each
account holder not later than the later of January 1, 2003, or 30 days
after receipt of the certification with respect to the account holder.
``(c) Initial Contribution.--Upon the establishment of each account
holder's investment account, the Secretary of the Treasury shall
transfer, from amounts not otherwise appropriated in the general fund
of the Treasury to the Trust Fund, for crediting by the Executive
Director to such investment account under subsection (b), an amount
equal to $1,000.00.
``(d) Investment Account Balance.--The balance in an account
holder's investment account at any time is the excess of--
``(1) the sum of--
``(A) the contribution made to the Trust Fund and
credited to the investment account pursuant to
subsection (c);
``(B) all contributions made to the Trust Fund and
credited to the investment account under section 253,
and
``(C) the total amount of the allocations made to
and reductions made in the investment account pursuant
to subsection (e),
over
``(2) the amounts paid out of the Trust Fund with respect
to such individual under this part.
``(e) Allocation of Earnings and Losses.--Pursuant to regulations
prescribed by the Executive Director, the Executive Director shall
allocate to each investment account an amount equal to the net earnings
and net losses from each investment of sums in the Trust Fund which are
attributable, on a pro rata basis, to sums credited to such investment
account, reduced by an appropriate share of the administrative expenses
paid out of the net earnings under section 256(d), as determined by the
Executive Director.
``(f) Engagement of Qualified Public Accountant.--
``(1) In general.--The Executive Director shall annually
engage, on behalf of all account holders, an independent
qualified public accountant, who shall conduct an examination
of all accounts and other books and records maintained in the
administration of this part as the public accountant considers
necessary to enable the public accountant to make the
determination required by paragraph (2). The examination shall
be conducted in accordance with generally accepted auditing
standards and shall involve such tests of the accounts, books,
and records as the public accountant considers necessary.
``(2) Examination and report.--The public accountant
conducting an examination under paragraph (1) shall determine
whether the accounts, books, and records referred to in such
paragraph have been maintained in conformity with generally
accepted accounting principles applied on a basis consistent
with the manner in which such principles were applied during
the examination conducted under such paragraph during the
preceding year. The public accountant shall transmit to the
Board and the Comptroller General of the United States a report
on his examination, including his determination under this
paragraph.
``(3) Reliance on actuary's certifications.--In making a
determination under paragraph (2), a public accountant may rely
on the correctness of any actuarial matter certified by an
enrolled actuary if the public accountant states his reliance
in the report transmitted to the Board under such paragraph.
``(4) Definition.--For the purposes of this subsection, the
term ``qualified public accountant'' shall have the same
meaning as is provided in section 103(a)(3)(D) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1023(a)(3)(D)).
``(g) Information Required To Be Provided to Account Holders.--
``(1) In general.--The Board shall prescribe regulations
under which each account holder shall be furnished with--
``(A) a periodic statement relating to the account
holder's investment account; and
``(B) a summary description of the investment
options under section 254 covering, and an evaluation
of, each such option for at least the 5-year period
preceding the date as of which such evaluation is made.
``(2) Timely provision of information.--Information under
this subsection shall be provided at least 30 calendar days
before the date provided for each election under section
254(c), and in a manner d
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esigned to facilitate informed
decisionmaking with respect to each such election.
``(h) Assumption of Risk.--Each account holder who elects to invest
in the Fixed Income Investment Fund or the Common Stock Index
Investment Fund described in paragraphs (2) and (3), respectively, of
section 254(a) shall sign an acknowledgement prescribed by the
Executive Director which states that the account holder understands
that an investment in either such Fund is made at the account holder's
risk, that the account holder is not protected by the Government
against any loss on such investment, and that a return on such
investment is not guaranteed by the Government.
``(i) Treatment of Minors and Incompetent Individuals.--An election
under this part to be made by a minor, or an individual mentally
incompetent or under other legal disability, may be made by the person
who is constituted guardian or other fiduciary by the law of the State
of residence of the individual or is otherwise legally vested with the
care of the individual or his estate. Payment under this part due a
minor, or an individual mentally incompetent or under other legal
disability, may be made to the person who is constituted guardian or
other fiduciary by the law of the State of residence of the claimant or
is otherwise legally vested with the care of the claimant or his
estate. In any case in which a guardian or other fiduciary of the
individual under legal disability has not been appointed under the law
of the State of residence of the individual, if any other person, in
the judgment of the Executive Director, is responsible for the care of
such individual, any election under this part which may otherwise be
made by such individual may be made by such person, any payment under
this part which is otherwise payable to such individual may be made to
such person, and the payment of an annuity payment under this part to
such person bars recovery by any other person.
``contributions to the social security investment trust fund
``Sec. 253. (a) In General.--The Executive Director shall prescribe
regulations under which each individual who is eligible to claim a
deduction under section 222 of the Internal Revenue Code of 1986 for
contributions to a personal Social Security investment account shall be
afforded a reasonable opportunity to make contributions to the Trust
Fund, for crediting to such account, either from time to time or under
arrangements providing for regular, periodic contributions. Such
arrangements may include arrangements for contributions of wages by
employers on behalf of employees. Any such arrangement shall also
provide individuals a reasonable opportunity to modify the amount to be
contributed under this part, or to terminate such contributions.
``(b) Limitation on Contributions.--Notwithstanding any other
provision of this section, no contribution may be made under this
section to any account for any year to the extent that such
contribution, when added to prior contributions to such account for
such year, exceeds $10,000.
``(c) Crediting Procedures.--Amounts contributed by (or on behalf
of) an account holder under this section shall be deposited in the
Trust Fund to the credit of that account holder's investment account in
accordance with such procedures as the Comptroller General of the
United States may, in consultation with the Executive Director,
prescribe in regulations.
``(d) Nonforfeitability of Contributions.--All contributions made
under this section shall be fully nonforfeitable when made.
``investment of social security investment trust fund
``Sec. 254. (a) Investment Funds.--The Board shall establish--
``(1) a Government Securities Investment Fund under which
sums in the Trust Fund are invested in securities of the United
States Government issued as provided in subsection (e);
``(2) a Fixed Income Investment Fund under which sums in
the Trust Fund are invested in--
``(A) insurance contracts,
``(B) certificates of deposit, or
``(C) other instruments or obligations selected by
qualified professional asset managers, which return the
amount invested and pay interest, at a specified rate or rates, on that
amount during a specified period of time;
``(3) a Common Stock Index Investment Fund as provided in
subsection (b); and
``(4) such other investment fund or funds as the Board may
provide by regulation.
``(b) Index Governing Common Stock Index Investment Funds.--
``(1) Selection of index.--The Board shall select an index
which is a commonly recognized index comprised of common stock
the aggregate market value of which is a reasonably complete
representation of the United States equity markets.
``(2) Portfolio design.--The Common Stock Index Investment
Fund shall be invested in a portfolio designed to replicate the
performance of the index selected under paragraph (1). The
portfolio shall be designed such that, to the extent
practicable, the percentage of the Common Stock Index
Investment Fund that is invested in each stock is the same as
the percentage determined by dividing the aggregate market
value of all shares of that stock by the aggregate market value
of all shares of all stocks included in such index.
``(c) Investment According to Elections.--
``(1) In general.--The Executive Director shall invest the
sums available in the Trust Fund for investment as provided in
elections made under subsection (d).
``(2) Default investment in absence of election.--If an
election has not been made with respect to any sums in the
Trust Fund available for investment, the Executive Director
shall invest such sums in the Government Securities Investment
Fund.
``(d) Semiannual Elections.--
``(1) In general.--At least twice each year, an account
holder may elect the investment funds referred to in subsection
(a) into which the sums in the Trust Fund credited to such
account holder's investment account are to be invested or
reinvested.
``(2) Investment according to regulations.--An election may
be made under paragraph (1) only in accordance with regulations
prescribed by the Executive Director and within such period as
the Executive Director shall provide in such regulations.
``(e) Issuance of Special Obligations.--
``(1) Authorization.--The Secretary of the Treasury is
authorized to issue special interest-bearing obligations of the
United States for purchase by the Trust Fund for the Government
Securities Investment Fund.
``(2) Requirements.--
``(A) In general.--Obligations issued for the
purpose of this subsection shall have maturities fixed
with due regard to the needs of the Trust Fund as
determined by the Executive Director, and shall bear
interest at a rate equal to the average market yield
(computed by the Secretary of the Treasury on the basis
of market quotations as of the end of the calendar
month next preceding the date of issue of such
obligations) on all marketable interest-bearing
obligations of the United States then forming a part of
the public debt which are not due or callable earlier
than 4 years after the end of such calendar month.
``(B) Rounding.--Any average market yield computed
under subparagraph (A) which is not a multiple of one-
eighth of 1 percent, shall be rounded to the nearest
multiple of one-eighth of 1 percent.
``(f) No Voting Rights in Securities.--
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The Board, the Executive
Director, and an account holder may not exercise voting rights
associated with the ownership of securities by the Social Security
Investment Trust Fund.
``distributions from the social security investment trust fund
``Sec. 255. (a) In General.--No distribution may be made from the
Social Security Investment Trust Fund of any amount credited to the
investment account of any account holder, unless such distribution is
in the form of--
``(1) a benefit distribution described in subsection (b),
``(2) a distribution described in subsection (c), or
``(3) a death distribution under subsection (d).
``(b) Benefit Distribution.--
``(1) In general.--A distribution from an investment
account is in the form of a benefit distribution referred to in
subsection (a)(1) if such distribution constitutes payment (in
whole or in part) of a monthly insurance benefit under part A
based on the wages and self-employment income of the account
holder.
``(2) Payment of monthly insurance benefits.--
Notwithstanding section 201(h), benefit payments required to be
made under part A, other than benefit payments required to be
made under section 223 or 226 and benefit payments required to
be made under subsection (b), (c), or (d) of section 202 to
account holders entitled to benefits on the basis of the wages
and self-employment income of any such account holder entitled
to disability insurance benefits, shall be made from amounts in
the Trust Fund credited to such account holder's investment
account, except to the extent that such benefit payments exceed
the balance credited to such account holder's investment
account. Any amount of such benefit payments in excess of the
balance in such account holder's investment account shall be
payable as provided in section 201(h). The Commissioner of
Social Security shall provide for certification to the
Executive Director for payment of such benefits from the Trust
Fund, and the Executive Director shall make such payments from
the Trust Fund in accordance with such certification.
``(c) Annuities and Lump Sum Payments.--A distribution referred to
in subsection (a)(2) is described in this subsection if--
``(1) the distribution is at the election of the account
holder made (in such form and manner as shall be prescribed by
the Executive Director) on or after the date of the
commencement of such account holder's entitlement to old-age insurance
benefits under section 202(a),
``(2) the amount of each distribution is in an amount, as
determined by the Executive Director, which is not greater than
the excess of--
``(A) the balance credited to such account holder's
investment account, over
``(B) the amount necessary to provide for benefit
distributions as required under subsection (a)(1), and
``(3) the distributions shall be paid in the form of
annuities and other payments under section 256.
``(d) Death Distribution.--
``(1) In general.--A distribution from an investment
account is in the form of a death distribution if such
distribution is in the amount remaining credited to the account
holder as of the date of such account holder's death and,
except as provided in paragraph (2), is distributed in the same
manner as is provided for distribution of benefit payments
under section 204(d).
``(2) Portion of account balance attributable to federal
contribution returned to united states.--The portion of the
amount remaining credited to the account holder as of the date
of such account holder's death which is attributable to the
contribution made under section 252(c) shall be paid to the
Secretary of the Treasury for deposit into the general fund of
the Treasury as miscellaneous receipts. For purposes of the
preceding sentence, distributions from a personal social
security investment account shall be treated as first made from
amounts attributable to the contribution made under section
252(c) and then from other amounts.
``annuities and lump sum payments payable from the social security
investment trust fund
``Sec. 256. (a) In General.--An account holder who is entitled to
old-age insurance benefits under section 202(a) is entitled as provided
in this section to the amount of the balance in the account holder's
investment account available for distribution under this section in
accordance with section 255.
``(b) Alternative Forms of Distribution.--Subject to section 258,
any account holder who is entitled to old-age insurance benefits under
section 202(a) is entitled and may elect--
``(1) to receive an immediate annuity from the Trust Fund;
``(2) to defer the commencement of the payment of an
annuity from the Trust Fund until such date as the account
holder specifies, but not later than April 1 of the year
following the year in which the account holder becomes 70\1/2\
years of age;
``(3) to withdraw the amount of the balance in the account
holder's investment account in the Trust Fund in one or more
substantially equal payments to be made not less frequently
than annually and to commence before April 1 of the year
following the year in which the account holder becomes 70\1/2\
years of age; or
``(4) to transfer the amount of the balance in the account
holder's investment account in the Trust Fund to an eligible
retirement plan as provided in subsection (c).
``(c) Transfers to Eligible Retirement Plans.--
``(1) In general.--The Executive Director shall make each
transfer elected under subsection (b)(4) directly to an
eligible retirement plan or plans (as defined in section
402(c)(8)(B) of the Internal Revenue Code of 1986) identified
by the account holder for whom the transfer is made.
``(2) Transfer contingent upon receipt of necessary
information.--A transfer may not be made for an account holder
under paragraph (1) until the Executive Director receives from
such account holder the information required by the Executive
Director specifically to identify the eligible retirement plan
or plans to which the transfer is to be made.
``(d) Modification of Elections.--
``(1) In general.--Subject to paragraph (3)(A) and
subsections (a) and (d) of section 258, an account holder may
change an election previously made under this section.
``(2) Modification of date for delayed distributions.--
Subject to paragraph (3)(B) and section 258(d), an account
holder who has made an election pursuant to subsection (b)(2)
may modify the date specified in such election or in a previous
modification under this paragraph.
``(3) Limitations.--
``(A) Modifications disallowed upon commencement of
distribution.--An account holder may not change an
election under this section on or after the date on
which a payment is made in accordance with such
election or, in the case of an election to receive an
annuity, the date on which an annuity contract is
purchased to provide for the annuity elected by the
account holder.
``(B) Other limitations.--A modification of a date
may not be made under paragraph (2) on or after the
date on which an annuity contract is purchased to
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provide for the annuity involved, and may not specify a
date for the commencement of an annuity earlier than 90
days after the date on which the modification is
submitted to the Executive Director (or such period
shorter than 90 days as the Executive Director may by
regulation prescribe).
``(e) Default Means of Distribution.--
``(1) Lump sum distributions of minimal amounts.--
Notwithstanding subsection (b), if an account holder becomes
entitled to old-age insurance benefits under section 202(a) and
the balance in such account holder's investment account is
$3,500 or less, the Executive Director shall pay the balance to
the account holder in a single payment unless the account
holder elects, at such time and otherwise in such manner as the
Executive Director prescribes, one of the options available
under subsection (b).
``(2) Default annuity commencement date.--Unless otherwise
elected under this section, and subject to paragraph (1), the
balance in an account holder's investment account shall be paid
as an annuity commencing for the account holder on February 1
of the year following the year in which the account holder
becomes entitled to old-age insurance benefits under section
202(a).
``payment of annuities
``Sec. 257. (a) Methods of Payment.--The Board shall prescribe
methods of payment of annuities under this part. The methods of payment
prescribed under this subsection shall include, but not be limited to--
``(1) a method which provides for the payment of a monthly
annuity only to an annuitant during the life of the annuitant;
``(2) a method which provides for the payment of a monthly
annuity to an annuitant for the joint lives of the annuitant
and the spouse of the annuitant and an appropriate monthly
annuity to the one of them who survives the other of them for
the life of the survivor;
``(3) a method described in paragraph (1) which provides
for automatic adjustments in the amount of the annuity payable
so long as the amount of the annuity payable in any one year
shall not be less than the amount payable in the previous year;
``(4) a method described in paragraph (2) which provides
for automatic adjustments in the amount of the annuity payable
so long as the amount of the annuity payable in any one year
shall not be less than the amount payable in the previous year;
and
``(5) a method which provides for the payment of a monthly
annuity--
``(A) to the annuitant for the joint lives of the
annuitant and an individual who is designated by the
annuitant under regulations prescribed by the Executive
Director and (i) is a former spouse of the annuitant,
or (ii) has an insurable interest in the annuitant; and
``(B) to the one of them who survives the other of
them for the life of the survivor.
``(b) Requirement of Election.--Subject to section 258(c), under
such regulations as the Executive Director shall prescribe, an account
holder who elects under section 256 to receive an annuity under this
part shall elect, on or before the date on which an annuity contract is
purchased to provide for that annuity, one of the methods of payment
prescribed under subsection (a).
``(c) Continued Period of 5 Years Availability for Eliminated
Methods.--Notwithstanding an elimination of a method of payment by the
Board, an account holder may elect the eliminated method if the
elimination of such method became effective less than 5 years before
the date on which the annuity commences.
``(d) Contracts for Purchase of Annuities.--
``(1) Time limit for entering into contract.--Not earlier
than 90 days (or such shorter period as the Executive Director
may by regulation prescribe) before an annuity is to commence
under this part, the Executive Director shall expend the
balance in the annuitant's account to purchase an annuity
contract from any entity which, in the normal course of its
business, sells and provides annuities.
``(2) Assurance of provision of annuity.--The Executive
Director shall assure, by contract entered into with each
entity from which an annuity contract is purchased under
paragraph (1), that the annuity shall be provided in accordance
with the provisions of this part.
``(3) Terms and conditions.--An annuity contract purchased
under paragraph (1) shall include such terms and conditions as
the Executive Director requires for the protection of the
annuitant.
``(4) Bonding.--The Executive Director shall require, from
each entity from which an annuity contract is purchased under
paragraph (1), a bond or proof of financial responsibility
sufficient to protect the annuitant.
``(e) Exemption From Local Taxation of Amounts Paid To Purchase
Annuities.--
``(1) In general.--No tax, fee, or other monetary payment
may be imposed or collected by any State, or by any political
subdivision or other governmental authority thereof, on, or
with respect to, any amount paid to purchase an annuity
contract under this section.
``(2) Taxation of issuer permitted.--Paragraph (1) shall
not be construed to exempt any company or other entity issuing
an annuity contract under this section from the imposition,
payment, or collection of a tax, fee, or other monetary payment
on the net income or profit accruing to or realized by that
entity from the sale of an annuity contract under this section
if that tax, fee, or payment is applicable to a broad range of
business activity.
``protections for spouses and former spouses
``Sec. 258. (a) Requirement of Spousal Consent.--
``(1) In general.--A married account holder may make an
election under subsection (b)(3) or (b)(4) of section 256 or
change an election previously made under subsection (b)(1) or
(b)(2) of such section only if the account holder and the
account holder's spouse jointly waive, by written election, any
right which the spouse may have to a survivor annuity with
respect to such account holder under section 257 or subsection
(b).
``(2) Exception.--Paragraph (1) shall not apply to an
election or change of election by an account holder who
establishes to the satisfaction of the Executive Director (at
the time of the election or change and in accordance with
regulations prescribed by the Executive Director)--
``(A) that the spouse's whereabouts cannot be
determined; or
``(B) that, due to exceptional circumstances,
requiring the spouse's waiver would otherwise be
inappropriate.
``(b) Joint and Survivor Annuity Form Applies Unless Otherwise
Elected.--
``(1) In general.--Notwithstanding any election under
subsection (b) of section 257, the method described in
subsection (a)(2)(B) of such section (or, if more than one form
of such method is available, the form which the Board
determines to be the one which provides for a surviving spouse
a survivor annuity most closely approximating the annuity of a
surviving spouse under section 8442 of title 5, United States
Code) shall be deemed the applicable method under such
subsection (b) in the case of an account holder who is married
on the date on which an
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annuity contract is purchased to
provide for the account holder's annuity under this part.
``(2) Exception.--Paragraph (1) shall not apply if--
``(A) a joint waiver of such method is made, in
writing, by the account holder and the spouse; or
``(B) the account holder waives such method, in
writing, after establishing to the satisfaction of the
Executive Director that circumstances described under
subsection (a)(2) (A) or (B) make the requirement of a
joint waiver inappropriate.
``(c) Elections and Other Changes Subject to Court Orders.--
``(1) In general.--An election, change of election, or
modification of the commencement date of a deferred annuity
shall not be effective under this part to the extent that the
election, change, modification, or transfer conflicts with any
court decree, order, or agreement described in paragraph (2).
``(2) Requirements.--A court decree, order, or agreement
referred to in paragraph (1) is, with respect to an account
holder, a court decree of divorce, annulment, or legal
separation issued in the case of the account holder and any
former spouse of the account holder or any court order or
court-approved property settlement agreement incident to the
decree if--
``(A) the decree, order, or agreement expressly
relates to any portion of the balance in the account
holder's investment account; and
``(B) notice of the decree, order, or agreement was
received by the Executive Director before--
``(i) the date on which payment is made, or
``(ii) in the case of an annuity, the date
on which an annuity contract is purchased to
provide for the annuity,
in accordance with the election, change, modification,
or contribution referred to in paragraph (1).
``(3) Treatment of 2 or more court orders.--The Executive
Director shall prescribe regulations under which this
subsection shall be applied in any case in which the Executive
Director receives two or more decrees, orders, or agreements
referred to in paragraph (1).
``(d) Rights of Former Spouses.--
``(1) In general.--Subject to paragraphs (2) through (7), a
former spouse of a deceased account holder who died as a fully
insured individual is entitled to a survivor annuity under this
subsection if and to the extent that--
``(A) an election under section 257(a)(5), or
``(B) any court decree, order, or agreement
(described in subsection (c)(2), without regard to
subparagraph (B) of such subsection) which relates to
such deceased account holder and such former spouse,
expressly provides for such survivor annuity.
``(2) Written notice required.--Paragraph (1) shall apply
only to payments made by the Executive Director after the date
on which the Executive Director receives written notice of the
election, decree, order, or agreement, and such additional
information and documentation as the Executive Director may
require.
``(3) Limitation on amount.--The amount of the survivor
annuity payable from the Trust Fund to a former spouse of a
deceased account holder under this section may not exceed the
excess, if any, of--
``(A) the amount of the survivor annuity determined
for a surviving spouse of the deceased account holder
under the method described in subsection (b)(1), over
``(B) the total amount of all other survivor
annuities payable under part to other former spouses of
such deceased account holder based on the order of
precedence provided in paragraph (4).
``(4) Order of precedence.--If more than one former spouse
of a deceased account holder is entitled to a survivor annuity
pursuant to this subsection, the amount of each such survivor
annuity shall be limited appropriately to carry out paragraph
(3) in the order of precedence established for the entitlements
by the chronological order of the dates on which elections are
properly made pursuant to section 257(a)(5) and the dates on
which the court decrees, orders, or agreements applicable to
the entitlement were issued, as the case may be.
``(5) Rules for commencement and termination under court
orders.--The commencement and termination of an annuity payable
under this section shall be governed by the terms of the
applicable order, decree, agreement, or election, as the case
may be, except that any such annuity--
``(A) shall not commence before--
``(i) the day after the account holder
dies; or
``(ii) the first day of the second month
beginning after the date on which the Executive
Director receives written notice of the order,
decree, agreement, or election, as the case may
be, together with such additional information
or documentation as the Executive Director may
prescribe;
whichever is later; and
``(B) shall terminate no later than the last day of
the month before the former spouse remarries before
becoming 55 years of age or dies.
``(6) Restriction on modifications.--For purposes of this
part, a modification in a decree, order, agreement, or election
referred to in this section shall not be effective--
``(A) if such modification is made after the
retirement or death of the account holder or annuitant
concerned; and
``(B) to the extent that such modification involves
an annuity under this part.
``(7) Court orders subject to previous joint waivers.--For
the purposes of this section, a court decree, order, or
agreement or an election referred to in subsection (a) shall
not be effective, in the case of a former spouse, to the extent
that the election is inconsistent with any joint waiver
previously executed with respect to such former spouse under
subsection (a)(2) or (b)(2).
``(8) Exclusive recovery.--Any payment under this
subsection to any individual bars recovery by any other
individual.
``(e) Waivers and Modifications Subject to Prescribed Procedures.--
Waivers and notifications required by this section and waivers of the
requirements for such waivers and notifications (as authorized by this
section) may be made only in accordance with procedures prescribed by
the Executive Director.
``(f) Inapplicability to Minimal Account Balances.--None of the
provisions of this section requiring notification to, or the consent or
waiver of, a spouse or former spouse of an account holder shall apply
in any case in which the balance in the account holder's investment
account is $3,500 or less.
``(g) Applicable Court Orders.--The protections provided by this
section are in addition to the protections provided by section 263.
``administrative provisions
``Sec. 259. (a) Payments and Transfers in Accordance With
Election.--The Executive Director shall make or provide for payments
and transfers in accordance with an election of an account holder und
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er
section 256 or 257(b) or, if applicable, in accordance with section
258.
``(b) Elections and Modifications of Deferred Commencement Dates in
Writing.--Any election, change of election, or modification of a
deferred annuity commencement date made under this part shall be in
writing and shall be filed with the Executive Director in accordance
with regulations prescribed by the Executive Director.
``social security investment trust fund
``Sec. 260. (a) In General.--There is established in the Treasury
of the United States a Social Security Investment Trust Fund.
``(b) Amount Comprising the Trust Fund.--The Trust Fund consists of
the sum of all amounts contributed under sections 252(c) and 253,
increased by the total net earnings from investments of sums in the
Trust Fund under section 254 or reduced by the total net losses from
investments of the Trust Fund under such section, and reduced by the
total amount of payments made from the Trust Fund (including payments
for administrative expenses).
``(c) Appropriation of Trust Fund Amounts.--The sums in the Trust
Fund are appropriated and shall remain available without fiscal year
limitation--
``(1) to invest under section 254;
``(2) to make distributions or purchase annuity contracts
under this part;
``(3) to pay the administrative expenses incurred in
carrying out this part under subsection (d); and
``(4) to purchase insurance as provided in subsection
(h)(3)(B).
``(d) Administrative Expenses.--Administrative expenses incurred to
carry out this part shall be paid out of net earnings in the Trust
Fund.
``(e) Assignment or Alienation and Related Matters.--
``(1) Exclusive benefit of the account holder.--Subject to
subsection (d) and paragraphs (2) and (3), sums in the Trust
Fund credited to the account of any account holder may not be
used for, or diverted to, purposes other than for the exclusive
benefit of the account holder or other persons to whom
distributions are made under section 255.
``(2) Immunity from assignment, alienation, and certain
other legal process.--Except as provided in paragraph (3), sums
in the Trust Fund may not be assigned or alienated and are not
subject to execution, levy, attachment, garnishment, or other
legal process. For the purposes of this paragraph, a loan made
from the Trust Fund to an account holder shall not be
considered to be an assignment or alienation.
``(3) Exceptions.--Moneys due or payable from the Trust
Fund to any person and, in the case of an account holder, the
balance in the individual account of the account holder, shall be
subject to legal process for the enforcement of the legal obligations
of such person or account holder to provide child support or make
alimony payments as provided in section 459 or relating to the
enforcement of a judgment for physically, sexually, or emotionally
abusing a child as provided under section 263.
``(f) Exclusive Appropriation.--The sums in the Trust Fund shall
not be appropriated for any purpose other than the purposes specified
in this section and may not be used for any other purpose.
``(g) Contributions and Earnings Held in Trust for Account
Holders.--All sums contributed to the Trust Fund by an account holder
and all net earnings in the Trust Fund attributable to investment of
such sums are held in the Trust Fund in trust for such account holder.
``(h) Fiduciary Responsibilities; Enforcement Under the Secretary
of Labor.--
``(1) In general.--Under regulations of the Secretary of
Labor, the provisions of sections 8477 and 8478 of title 5,
United States Code, shall apply in connection with the Trust
Fund in the same manner and to the same extent as such
provisions apply in connection with the Thrift Savings Fund.
``(2) Investigative authority.--Any authority available to
the Secretary of Labor under section 504 of the Employee
Retirement Income Security Act of 1974 is hereby made available
to the Secretary of Labor, and any officer designated by the
Secretary of Labor, to determine whether any person has
violated, or is about to violate, any provision applicable
under paragraph (1).
``(3) Exculpatory provisions; insurance.--
``(A) In general.--Any provision in an agreement or
instrument which purports to relieve a fiduciary from
responsibility or liability for any responsibility,
obligation, or duty under this part shall be void.
``(B) Insurance.--The Trust Fund shall be available
and may be used at the discretion of the Executive
Director to purchase insurance to cover potential
liability of persons who serve in a fiduciary capacity
with respect to the Trust Fund, without regard to
whether a policy of insurance permits recourse by the
insurer against the fiduciary in the case of a breach
of a fiduciary obligation.
``waiver, allotment and assignment of payments
``Sec. 261. (a) Waiver of Entitlement.--An individual entitled to
an annuity or other payment payable from the Trust Fund may decline to
accept all or any part of the amount of the payment by a waiver signed
and filed with the Executive Director. The waiver may be revoked in
writing at any time. Payment of the annuity waived may not be made for
the period during which the waiver is in effect.
``(b) Allotments or Assignments.--An individual entitled to an
annuity or other payment payable from the Trust Fund may make
allotments or assignments of amounts from the annuity or other payment
for such purposes as the Executive Director considers appropriate.
``application for annuity or other payments
``Sec. 262. (a) Applications Required.--No payment of an annuity or
other payment from the Social Security Investment Trust Fund under this
part may be made unless an application for payment of the annuity or
other payment is received by the Executive Director before the one
hundred and fifteenth anniversary of the birth of the account holder.
``(b) Applications With Respect to Deceased Account Holders.--
Notwithstanding subsection (a), after the death of an account holder, a
payment of the annuity or other payment shall not be paid unless an
application therefor is received by the Executive Director within 30
years after the death or other event which establishes the entitlement
to the annuity or other payment.
``court orders
``Sec. 263. (a) Alternative Payees Under Court Orders.--Payments
under this part which would otherwise be made to an account holder or
an annuitant shall be paid (in whole or in part) by the Executive
Director to another person if and to the extent expressly provided for
in the terms of--
``(1) any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved
property settlement agreement incident to any court decree of
divorce, annulment, or legal separation; or
``(2) any court order or other similar process in the
nature of garnishment for the enforcement of a judgment
rendered against such account holder or annuitant, for
physically, sexually, or emotionally abusing a child.
In the event that the Executive Director, as the case may be, is served
with more than 1 decree, order, or other legal process with respect to
the same moneys due or payable to any individual, such moneys shall be
available to satisfy such processes on a first-come, first-served
basis, with any such process being satisfied out of such moneys as
remain after the satisfaction of all such processes which have been
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previously served.
``(b) Written Notice Requirements.--Subsection (a) shall apply only
to payments made by the Executive Director under this part after the
date on which the Executive Director receives written notice of such
decree, order, other legal process, or agreement, and such additional
information and documentation as the Executive Director may require.
``(c) Definitions.--For the purpose of this section--
``(1) the term `judgment rendered for physically, sexually,
or emotionally abusing a child' means any legal claim perfected
through a final enforceable judgment, which claim is based in
whole or in part upon the physical, sexual, or emotional abuse
of a child, whether or not that abuse is accompanied by other
actionable wrongdoing, such as sexual exploitation or gross
negligence; and
``(2) the term `child' means an individual under 18 years
of age.
``withholding of state income taxes
``Sec. 264. (a) Withholding Agreements.--The Executive Director
shall, in accordance with this section, enter into an agreement with
any State within 120 days of a request for agreement from the proper
State official. The agreement shall provide that the Executive Director
shall withhold State income tax in the case of the monthly annuity of
any annuitant who voluntarily requests, in writing, such withholding.
The amounts withheld during any calendar quarter shall be held in the
Trust Fund and disbursed to the States during the month following that
calendar quarter.
``(b) No Multiple Requests.--An annuitant may have in effect at any
time only one request for withholding under this section, and an
annuitant may not have more than two such requests in effect during any
one calendar year.
``(c) Changes and Revocations.--Subject to subsection (b), an
annuitant may change the State designated by that annuitant for
purposes of having withholdings made, and may request that the
withholdings be remitted in accordance with such change. An annuitant
also may revoke any request of that annuitant for withholding. Any
change in the State designated or revocation is effective on the first
day of the month after the month in which the request or the revocation
is processed by the Executive Director, but in no event later than on
the first day of the second month beginning after the day on which such
request or revocation is received by the Executive Director.
``(d) Reservations to the United States; Repayments of Erroneous
Withholdings.--This section does not give the consent of the United
States to the application of a statute which imposes more burdensome
requirements on the United States than on employers generally, or which
subjects the United States or any annuitant to a penalty or liability
because of this section. The Executive Director may not accept pay from
a State for services performed in withholding State income taxes from
annuities. Any amount erroneously withheld from an annuity and paid to
a State by the Executive Director shall be repaid by the State in
accordance with regulations issued by the Executive Director.
``(e) Definition.--For the purpose of this section, the term
`annuitant' includes a survivor who is receiving an annuity from the
Trust Fund.
``tax treatment of the social security investment trust fund
``Sec. 265. The Trust Fund shall be exempt from taxation under
subtitle A of the Internal Revenue Code of 1986.
``administration
``Sec. 266. (a) Board of Trustees.--
``(1) In general.--The Federal Retirement Thrift Investment
Board established by section 8472(a) of title 5, United States
Code, shall also serve as the Board of Trustees of the Social
Security Investment Trust Fund.
``(2) Duties.--It shall be the duty of the Board to--
``(A) hold the Trust Fund;
``(B) report to the Congress not later than the
first day of April of each year on the operation and
status of the Trust Fund during the preceding fiscal
year and on its expected operation and status during
the next ensuing 5 fiscal years;
``(C) develop investment policies which provide
for--
``(i) prudent investments suitable for
accumulating funds for payment of retirement
income, and
``(ii) low administrative costs;
``(D) recommend improvements in administrative
procedures and policies designed to effectuate the
proper coordination of the program established under
this part with the old-age, survivors, and disability
insurance program established under part A; and
``(E) review the general policies followed in
managing the Trust Fund and recommend changes in such
policies, including necessary changes in the provisions of the law
which govern the way in which the Trust Funds are to be managed and
invested.
``(b) Executive Director.--
``(1) In general.--The Executive Director appointed under
section 8474(a) of title 5, United States Code, shall also
serve as Executive Director under this part.
``(2) Duties.--The Executive Director shall--
``(A) carry out the policies established by the
Board under this part;
``(B) invest and manage the Trust Fund in
accordance with the investment policies and other
policies established by the Board under this part;
``(C) purchase annuity contracts and provide for
the payment of other benefits under this part;
``(D) administer the provisions of this part; and
``(E) prescribe such regulations (other than
regulations relating to fiduciary responsibilities) as
may be necessary for the administration of this part.
``(3) Authorized functions.--The Executive Director may--
``(A) prescribe such regulations as may be
necessary to carry out the responsibilities of the
Executive Director under this part, other than
regulations relating to fiduciary responsibilities;
``(B) appoint such personnel as may be necessary to
carry out the provisions of this part;
``(C) subject to approval by the Board, procure the
services of experts and consultants under section 3109
of title 5, United States Code;
``(D) secure directly from other agencies and
instrumentalities of the Federal Government any
information necessary to carry out the provisions of
this part and policies of the Board under this part;
``(E) make such payments out of sums in the Trust
Fund as the Executive Director determines are necessary
to carry out the provisions of this part and the
policies of the Board under this part;
``(F) pay the compensation, per diem, and travel
expenses of individuals appointed under subparagraphs
(B), (C), and (G) from the Trust Fund;
``(G) accept and use the services of individuals
employed intermittently in the Government service and
reimburse such individuals for travel expenses, as
authorized by section 5703 of title 5, United States
Code, including per diem as authorized by section 5702
of such title;
``(H) except as otherwise expressly prohibited by
law or the policies of the Board, delegate
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any of the
Executive Director's functions to such employees under
the Board as the Executive Director may designate and
authorize such successive redelegations of such
functions to such employees under the Board as the
Executive Director may consider to be necessary or
appropriate; and
``(I) take such other actions as are appropriate to
carry out the functions of the Executive Director.
``(c) Source of Compensation.--Notwithstanding paragraph (3) of
section 8476(d) of title 5, United States Code, basic pay paid for any
fiscal year as compensation to each member of the Board (and each
officer and employee of the Board) shall be paid from the Trust Fund
(in lieu of the Thrift Savings Fund) in an amount which bears the same
ratio to the total amount of basic pay paid to such member (or officer
or employee) for such fiscal year as the balance in the Trust Fund as
of the beginning of such fiscal year bears to the total amount of such
balance and the balance in the Thrift Savings Fund as of the beginning
of such fiscal year.''.
(b) Conforming Amendments.--Section 201(h) of such Act (42 U.S.C.
401(h)) is amended--
(1) by striking ``All other'' in the second sentence and
inserting ``Except as provided in section 255, all other''; and
(2) by adding at the end the following new sentence: ``Any
reference in this part to benefits under this title shall be
deemed a reference to benefits entitlement to which arises
under this part.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to payments of old-age insurance benefits for months
after December 2002.
SEC. 3. FINANCING OF INITIAL GOVERNMENT CONTRIBUTIONS BY MEANS OF
REDUCTION IN APPROPRIATIONS TO TRUST FUNDS OF TAXES ON
RETIREMENT BENEFITS.
Section 121(e) of the Social Security Amendments of 1983 (42 U.S.C.
401 note) is amended--
(1) by striking ``less (ii) the amounts'' in paragraph (1)
and inserting ``less (ii) the sum of (I) the amounts'';
(2) by inserting before the period at the end of paragraph
(1) the following: ``, and (II) the amounts equivalent to the
aggregate of initial contributions to investment accounts to be
made pursuant to section 252(c) of the Social Security Act'';
and
(3) by inserting before the period at the end of the second
sentence of paragraph (2) the following: ``and initial
contributions to investment accounts pursuant to section 252(c)
of the Social Security Act estimated to be made during such
quarter''.
SEC. 4. TAX TREATMENT OF AMOUNTS CONTRIBUTED TO, AND DISTRIBUTIONS
FROM, PERSONAL SOCIAL SECURITY INVESTMENT ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. PERSONAL SOCIAL SECURITY INVESTMENT ACCOUNTS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the amount contributed in cash for such taxable year to the personal
social security investment account of any eligible individual.
``(b) Maximum Amount of Deduction.--
``(1) In general.--The amount allowable as a deduction
under subsection (a) for any taxable year for contributions to
the personal social security investment account of an eligible
individual shall not exceed $5,000.
``(2) Special rule.--If the account holder of any personal
social security investment account makes a contribution to such
account for any taxable year, no other taxpayer shall be
allowed a deduction for any amount contributed to such account
for such taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Personal social security investment account.--The
term `personal social security investment account' means an
account established under section 252 of the Social Security
Act.
``(2) Eligible individual.--The term `eligible individual'
means, with respect to the taxpayer--
``(A) the taxpayer,
``(B) the taxpayer's spouse, and
``(C) any individual with respect to whom a
deduction under section 151(c) is allowed to the
taxpayer.
Subparagraph (B) shall not apply unless the taxpayer files a
joint return for the taxable year.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of a personal
social security investment account shall be included in gross
income by the payee or distributee, as the case may be, in the
manner provided under section 72.
``(2) Special rules for applying section 72.--For purposes
of applying section 72 to any amount described in paragraph
(1)--
``(A) all personal social security investment
accounts of the same individual shall be treated as 1
contract,
``(B) all distributions during any taxable year
shall be treated as 1 distribution, and
``(C) the value of the contract, income on the
contract, and investment in the contract shall be
computed as of the close of the calendar year in which
the taxable year begins.
For purposes of subparagraph (C), the value of the contract
shall be increased by the amount of any distributions during
the calendar year.
``(3) Treatment of distributions of social security
benefits.--
``(A) In general.--Notwithstanding paragraph (1),
the amount of any benefit distribution described in
section 255(b) of the Social Security Act shall be
included in gross income (to the extent provided in
section 86) as if such distribution were a social
security benefit (as defined in section 86).
``(B) Allocation of investment in the contract.--
For purposes of section 72, the portion of the account
which the Executive Director (as defined in section 251
of the Social Security Act) determines is necessary to
fund the benefit distributions referred to in
subparagraph (A) for the taxable year and all
succeeding taxable years shall be treated as a separate
contract with respect to which no premium or other
consideration was paid.
``(4) Cross reference.--
``For excise tax on certain
distributions, see section 72(t).
``(e) Special Rules.--
``(1) Time when contributions deemed made.--For purposes of
this section, a taxpayer shall be deemed to have made a
contribution to a personal social security investment account
on the last day of the preceding taxable year if the
contribution is made on account of such taxable year and is
made not later than the time prescribed by law for filing the
return for such taxable year (not including extensions
thereof).
``(2) Beneficiary must be under age 70\1/2\.--No deduction
shall be allowed under this section with respect to any
contribution to personal social security investment account if
the account holder has attained age 70\1/2\ before the close of
7eb
such holder's taxable year for which the contribution was
made.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (17) the following new paragraph:
``(18) Personal social security investment account
contributions.--The deduction allowed by section 222.''.
(c) Conforming Amendments.--
(1) Penalty for failure to meet minimum distribution
requirement.--Subsection (c) of section 4974 of such Code is
amended by striking ``or'' at the end of paragraph (4), by
striking the period at the end of paragraph (5) and inserting
``, or'', and by inserting after paragraph (5) the following
new paragraph:
``(6) any personal social security investment account (as
defined in section 222(c)).''.
(2) Treatment like individual retirement plan under excise
tax on certain premature distributions.--Subparagraph (A) of
section 72(t)(3) of such Code is amended--
(A) by inserting ``or from a personal social
security investment account (as defined in section
222(c))'' before the period at the end, and
(B) by inserting ``or from personal social security
investment accounts'' after ``plans'' in the
subparagraph heading.
(d) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 222. Personal social security
investment accounts.
``Sec. 223. Cross reference.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
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