Windfall Elimination Provision Relief Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) restrict the application of the windfall elimination requirement to individuals whose combined monthly income from the primary OASDI insurance amount and the portion of the monthly periodic payment attributable to noncovered service performed after 1956 exceeds the cost-of-living adjusted amount of $2,500; and (2) provide for a graduated implementation of such requirement on amounts above such threshold by applying applicable percentages determined according to a specified formula.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1690 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1690
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 a minimum COLA-adjusted amount of
$2,500 and to provide for a graduated implementation of such provision
on amounts above such minimum amount.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2005
Mr. Frank of Massachusetts (for himself, Mr. Hoyer, Mr. Waxman, Mr.
Crowley, Mr. Owens, Mr. Abercrombie, Mr. Wexler, Mr. Cleaver, Mr.
McGovern, and Mr. Paul) 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 a minimum COLA-adjusted amount of
$2,500 and to provide for a graduated implementation of such provision
on amounts above such minimum amount.
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 ``Windfall Elimination Provision
Relief Act of 2005''.
SEC. 2. WINDFALL ELIMINATION PROVISION RESTRICTED TO TOTAL MONTHLY
AMOUNTS IN EXCESS OF COLA-ADJUSTED AMOUNT OF $2,500.
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 \1/12\ of the amount
established for purposes of subparagraph (B)(iii)(I) under
subparagraph (B)(iv), 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 determined under 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 clauses:
``(iii) For purposes of clause (i), the applicable percentage in
connection with any individual is the product (not greater than 100
percent) derived by multiplying 2.5 percentage points by the quotient
determined under this clause. The quotient determined under this clause
is the quotient derived by dividing--
``(I) the excess of the sum referred to in subparagraph (A)
over \1/12\ of the amount established for purposes of this
subclause under clause (iv), by
``(II) \1/480\ of the excess of the dollar amount
established for purposes of this subclause under clause (iv)
over the dollar amount established for purposes of subclause
(I) under clause (iv),
rounded to the next higher multiple of 1 where such amount is a
multiple of 0.5 and to the nearest multiple of 1 in any other case.
``(iv) For individuals whose concurrent entitlement described in
subparagraph (A) commences in calendar year 2005, the dollar amounts
established for purposes of subclauses (I) and (II) of clause (iii)
shall be $30,000 and $40,000, respectively. For individuals whose
concurrent entitlement described in subparagraph (A) commences in any
calendar year after 2005, each of the amounts so established shall
equal the product derived by multiplying the corresponding amount
established with respect to calendar year 2005 by the quotient obtained
by dividing--
``(I) the national average wage index (as defined in
section 209(k)(1)) for the first of the 2 calendar years
preceding the calendar year for which the determination is
made, by
``(II) the national average wage index (as so defined) for
2003.
Each amount established by this clause for any calendar year shall be
rounded to the nearest multiple of $1, except that any amount so
established which is a multiple of $0.50 but not of $1 shall be rounded
to the next higher multiple of $1.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 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 2.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Social Security.
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