article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Social Security Retirement Account Act of 1993''. SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES. (a) Tax on Employees.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to OASDI tax on employees) is amended by striking the table and inserting the following: ``In cases of wages The rate received during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (b) Tax on Employers.--Subsection (a) of section 3111 of such Code (relating to OASDI tax on employers) is amended by striking the table and inserting the following: ``In cases of wages The rate paid during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such Code of (relating to OASDI tax on self-employment income) is amended by striking the table and inserting the following: ``In the case of a taxable year: Beginning after: And before: Percent: December 31, 1992...... January 1, 1995........ 12.4 December 31, 1994...... ....................... 10.4.'' (d) Effective Date.--The amendments made by this section shall apply with respect to remuneration paid after December 31, 1994, and with respect to earnings from self-employment attributable to taxable years beginning after such date. SEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL SECURITY PAYROLL DEDUCTION PLANS. (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 Program ``social security payroll deduction plans ``Sec. 251. (a) In General.--Each person who is a covered employer for any calendar year shall have in effect throughout such calendar year a social security payroll deduction plan for such person's eligible employees. ``(b) Requirements.--For purposes of this part, the term `social security payroll deduction plan' means a written plan of a covered employer if-- ``(1) under such plan, the prescribed social security employee contribution is deducted from each eligible employee's wages and paid to an individual social security retirement account of such employee designated in accordance with section 252, ``(2) under such plan, the covered employer pays the amount so deducted to the designated individual social security retirement account within 10 business days after the payment of the wages from which the amount was deducted, ``(3) under such plan, the covered employer pays to the individual social security retirement account, together with the contribution paid pursuant to paragraph (2), the prescribed social security employer contribution with respect to the eligible employee, and ``(4) the employer receives no compensation for the cost of administering such plan. ``(c) Amount Deducted May Be Accumulated by Employer in Certain Cases.--If, under the terms of an individual social security retirement account selected under section 252, contributions below a specified amount will not be accepted, the requirements of subsection (b)(2) shall be treated as met if amounts deducted from the wages of an eligible employee are accumulated by the covered employer and paid to such plan not later than 10 business days after the first day on which the accumulated amount exceeds such specified amount. ``designation of individual social security retirement accounts ``Sec. 252. (a) In General.--Except as provided in subsection (b), the individual social security retirement account to which contributions with respect to any eligible employee are required to be paid under section 251 shall be such an account designated by such employee to such employer not later than 10 business days after the date on which such employee becomes an eligible employee of such employer. Any such designation shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``(b) Designation in Absence of Timely Designation by Employee.--In any case in which no timely designation of the individual social security retirement account is made, the covered employer shall designate such account in accordance with regulations of the Secretary. ``(c) Subsequent Designation of Other Accounts.--The Secretary shall provide by regulation for subsequent designation of other individual social security retirement accounts of an eligible employee in lieu of or in addition to accounts previously designated under this section. ``self-employed individuals ``Sec. 253. (a) In General.--Not later than 30 days after the close of any taxable year for which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986 on the self-employment income of an individual, such individual shall pay to an individual social security retirement account designated by such individual the prescribed social security self-employment contribution with respect to such individual for such taxable year. ``(b) Designation of Account.--The designation of an individual social security retirement account for payment of prescribed social security self-employment contributions shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``definitions ``Sec. 254. For purposes of this part-- ``(1) Individual social security retirement account.--The term `individual social security retirement account' means any individual retirement account (as defined in section 408(a) of the Internal Revenue Code of 1986) which is administered or issued by a bank (as defined in section 408(n) of such Code) and which meets the requirements of section 408A of such Code. ``(2) Covered employer.--The term `covered employer' means, for any calendar year, any person on whom an excise tax is imposed under section 3111 of the Internal Revenue Code of 1986 with respect to having an individual in his employ to whom wages were paid by such person during such calendar year. ``(3) Eligible employee.--The term `eligible employee' means, in connection with any person who is a covered employer for any calendar year, any individual with respect to whose employment by such employer during such calendar year there is imposed an excise tax under section 3111 of the Internal Revenue Code of 1986. ``(4) Prescribed social security employee contribution.-- The term `prescribed social security employee contribution' means, with respect to any eligible employee of a covered employer, an amount equal to 1 percent of the wages received by such employee with respect to employment by such employer. ``(5) Prescribed social security employer contribution.-- The term `prescribed social security employer contribution' means, with respect to a covered employer of any eligible employee, 1 percent of the wages paid by such employer to such employee with respect to employment of such employee. ``(6) Prescribed social security self- employment contribution.--The term `prescribed social security self- employment contribution' means, with respect to the self- employment income of an individual for any taxable year, 2 percent of the amount of such self-employment income for such taxable year. ``(7) Business day.--The term `business day' means any day other than a Saturday, Sunday, or legal holiday in the area involved. ``penalties ``Sec. 255. (a) Failure To Establish Social Security Payroll Deduction Plan.--Any covered employer who fails to meet the requirements of section 251 for any calendar year shall be subject to a civil penalty of not to exceed the greater of-- ``(1) $50,000, or ``(2) $1,000 for each eligible employee of such employer as of the beginning of such calendar year. ``(b) Failure To Make Deductions Required Under Plan.--Any covered employer who fails to timely deduct in full the amount from the wages of an eligible employee required under an applicable social security payroll deduction plan shall be subject to a civil penalty of not to exceed $50 for each such failure. ``(c) Failure To Pay Deducted Wages to Individual Social Security Retirement Account.--If an amount deducted from the wages of an eligible employee under a social security payroll deduction plan is not timely paid in full to the designated individual social security retirement account in accordance with section 251-- ``(1) the covered employer failing to make such payment shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, and ``(2) shall be liable to the eligible employee for interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(d) Failure To Pay Prescribed Social Security Self-Employment Contributions to Individual Social Security Retirement Account.--Any individual failing to timely pay in full a prescribed social security self-employment contribution to a designated individual social security retirement account as required under section 253 shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, plus interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(e) Rules for Application of Section.-- ``(1) Penalties assessed by secretary.--Any civil penalty assessed by this section shall be imposed by the Secretary and collected in a civil action. ``(2) Compromises.--The Secretary may compromise the amount of any civil penalty imposed by this section. ``(3) Authority to waive penalty in certain cases.--The Secretary may waive the application of this section with respect to any failure if the Secretary determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations.''. (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a) of section 6051 of the Internal Revenue Code of 1986 (relating to receipts for employees) is amended-- (1) by striking ``and'' at the end of paragraph (8), (2) by striking the period at the end of paragraph (9) and inserting ``, and'', and (3) by inserting after paragraph (9) the following new paragraph: ``(10) the total amount deducted from the employee's wages under a social security payroll deduction plan established under part B of title II of the Social Security Act.'' (c) Exemption From ERISA Requirements.--Subsection (b) of section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003(b)) is amended-- (1) by striking ``or'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(6) such plan is a social security payroll deduction plan established under part B of title II of the Social Security Act.''. (d) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to wages paid in calendar years beginning on or after January 1, 1995. (2) Transitional rule.--Notwithstanding section 252(a) of the Social Security Act (as added by this Act), the initial designations of individual social security retirement accounts with respect to eligible employees employed by covered employers as of January 1, 1995, pursuant to such section may be made at any time not later than January 15, 1995. SEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. ``(a) General Rule.--Except as provided in this section, an individual social security retirement account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Individual Social Security Retirement Account.--For purposes of this section, the term `individual social security retirement account' means an account established and administered in accordance with part B of title II of the Social Security Act (relating to individual retirement program). ``(c) Contribution Rules.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to an individual social security retirement account. ``(2) Contribution limit.--No amount, other than a prescribed contribution under part B of title II of the Social Security Act, may be accepted as a contribution to an individual social security retirement account. ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply to any amount distributed from an individual social security retirement account only to the extent such amount is paid into another such account for the benefit of the individual for whom the account from which such amount is transferred was maintained.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Individual social security retirement accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.
summary: Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees. Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee. Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution. Sets forth penalties for failure to establish and maintain such accounts. Requires amounts deducted from employee wages to be shown on wage receipts for employees. Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans. Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts.