S.Amdt. 317

SA 317. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 437, between lines 10 and 11, insert the
following:
``(3) Special rule for certain eligible individuals.--In
the case of any taxable year beginning in 2009, if an
eligible individual receives any amount as a pension or
annuity for service performed in the employ of the United
States or any State, or any instrumentality thereof, which is
not considered employment for purposes of chapter 21, the
amount of the credit allowed under subsection (a) (determined
without regard to subsection (c)) with respect to such
eligible individual shall be equal to the greater of--
``(A) the amount of the credit determined without regard to
this paragraph or subsection (c), or
``(B) $300 ($600 in the case of a joint return where both
spouses are eligible individuals described in this
paragraph).

If the amount of the credit is determined under subparagraph
(B) with respect to any eligible individual, the modified
adjusted gross income limitation under subsection (b) shall
not apply to such credit.
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