To amend title II of the Social Security Act to restrict the application of the windfall elimination provision to individuals whose combined monthly income from benefits under such title and other monthly periodic payments exceeds $2,000 and to provide for a graduated implementation of such provision on amounts above such $2,000 amount.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) restrict the application of the windfall elimination provision to individuals whose combined monthly income from the individual's primary insurance amount under such title and the portion of the monthly periodic payment attributable to noncovered service performed after 1956 exceeds $2,000; and (2) provide for a graduated implementation of such provision by specified percentages with respect to incremental amounts above such threshold, up to 100 percent for combined amounts over $3,000.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2011 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2011

     To amend title II of the Social Security Act to restrict the 
application of the windfall elimination provision to individuals whose 
   combined monthly income from benefits under such title and other 
monthly periodic payments exceeds $2,000 and to provide for a graduated 
 implementation of such provision on amounts above such $2,000 amount.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2003

  Mr. Frank of Massachusetts (for himself, Mr. Rangel, Mr. Wolf, Mr. 
  Matsui, Mr. Goode, Mr. Sandlin, Mr. Saxton, Mr. Lynch, Mr. Jones of 
    North Carolina, Mr. Boswell, Mrs. Jo Ann Davis of Virginia, Mr. 
 Kleczka, Mr. Tiberi, Mr. Johnson of Illinois, Mr. Filner, Mr. Frost, 
 Mr. Wynn, Mr. Paul, Mr. Brown of Ohio, Mr. Van Hollen, Mr. Costello, 
 Mr. Hinchey, Mr. Ross, Mr. Doggett, Mr. Abercrombie, Ms. Baldwin, Mr. 
  Farr, Mr. Hoeffel, Mr. Turner of Texas, Mr. Weiner, Mr. Hastings of 
Florida, Mr. Delahunt, Mr. Gordon, Mr. Holden, Mr. Holt, Mr. Honda, Mr. 
  Inslee, Mr. Kanjorski, Mr. Kennedy of Rhode Island, Mr. Kildee, Ms. 
  Kilpatrick, Mr. Lampson, Mr. Meehan, Mr. Neal of Massachusetts, Mr. 
   Oberstar, Mr. Olver, Mr. Rodriguez, Mr. Pascrell, Ms. Kaptur, Mr. 
Serrano, Mr. Strickland, Mr. Wu, Ms. Loretta Sanchez of California, Mr. 
Wexler, Mr. Gutierrez, Mr. Doyle, Mr. Israel, Mr. Schiff, Mr. McGovern, 
 Mrs. McCarthy of New York, Mr. Allen, Mr. Gonzalez, Mr. Grijalva, Mr. 
    Michaud, Mrs. Lowey, Mr. Bishop of New York, Mr. Alexander, Mr. 
     Capuano, Ms. Linda T. Sanchez of California, and Mr. Emanuel) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
     To amend title II of the Social Security Act to restrict the 
application of the windfall elimination provision to individuals whose 
   combined monthly income from benefits under such title and other 
monthly periodic payments exceeds $2,000 and to provide for a graduated 
 implementation of such provision on amounts above such $2,000 amount.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WINDFALL ELIMINATION PROVISION RESTRICTED TO TOTAL MONTHLY 
              AMOUNTS IN EXCESS OF $2,000.

    Section 215(a)(7) of the Social Security Act (42 U.S.C. 415(a)(7)) 
is amended--
            (1) in subparagraph (A), by inserting after ``service'),'' 
        the following: ``if the sum of the individual's primary 
        insurance amount under paragraph (1) of this subsection and the 
        portion of the monthly periodic payment which is attributable 
        to noncovered service performed after 1956 (with such 
        attribution being based on the proportionate number of years of 
        such noncovered service) is greater than $2,000, then'';
            (2) in the second sentence of subparagraph (B)(i), by 
        striking ``(with such attribution being based on the 
        proportionate number of years of such noncovered service)'' and 
        inserting ``(as determined under subparagraph (A))'';
            (3) in the last sentence of subparagraph (B)(i), by 
        striking ``the larger of'' and all that follows through 
        ``subsection (i))'' and inserting the following: ``the primary 
        insurance amount determined under paragraph (1), reduced 
        (before the application of subsection (i)) by the applicable 
        percentage specified in clause (iii) of the excess of such 
        amount over the larger of the two amounts computed under the 
        preceding two sentences,''; and
            (4) by adding at the end of subparagraph (B) the following 
        new clause:
    ``(iii) For purposes of clause (i), the applicable percentage in 
connection with any individual shall be the percentage specified in 
connection with such individual in the following table:

``If the sum referred to in         The applicable percentage in 
        subparagraph (A) with               connection with such 
        respect to an individual            individual is:
        is:
    Over $2,000 but not over $2,250                                 20%
    Over $2,250 but not over $2,500                                 40%
    Over $2,500 but not over $2,750                                 60%
    Over $2,750 but not over $3,000                                 80%
    Over $3,000....................                            100%.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by section 1 shall apply with respect to 
benefits for months after the date of the enactment of this Act. 
Notwithstanding section 215(f)(1) of the Social Security Act, the 
Commissioner of Social Security shall recompute primary insurance 
amounts to the extent necessary to carry out the amendments made by 
section 1.
                                 <all>