HR 860 IH

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.

February 25, 1999

Mr. FRANK of Massachusetts (for himself, Mr. NEY, Mr. ACKERMAN, Mr. OLVER, Mr. SMITH of Washington, Mr. SHERMAN, Mr. PETERSON of Minnesota, Mr. STRICKLAND, Mr. PALLONE, Mr. ROMERO-BARCELO, Mr. EVANS, Mr. WEXLER, Mr. MORAN of Virginia, Mr. GEJDENSON, Mr. DAVIS of Virginia, Mrs. MORELLA, Mr. FROST, Ms. NORTON, Mr. KUCINICH, Mr. GILMAN, Mr. SHOWS, Mr. DEFAZIO, Mr. RAHALL, Mr. CROWLEY, Mr. DIXON, Mr. TRAFICANT, Mr. WAXMAN, Mr. WYNN, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on Ways and Means

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:

The applicable percentage in connection with such individual 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.

END