Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 70 percent to 35 percent keyed to the year an individual became eligible for such benefits between 1979 and 1983.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 870 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 870
To amend title II of the Social Security Act to provide for an improved
benefit computation formula for workers who attain age 65 in or after
1982 and to whom applies the 15-year period of transition to the
changes in benefit computation rules enacted in the Social Security
Amendments of 1977 (and related beneficiaries) and to provide
prospectively for increases in their benefits accordingly.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2001
Mr. Clement (for himself, Mr. Andrews, Mr. Frank, Mr. Boucher, Mr.
Filner, Mr. Kind, Ms. Norton, Mr. Cramer, Mr. Gordon, Mr. Sandlin, and
Mr. Duncan) 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 provide for an improved
benefit computation formula for workers who attain age 65 in or after
1982 and to whom applies the 15-year period of transition to the
changes in benefit computation rules enacted in the Social Security
Amendments of 1977 (and related beneficiaries) and to provide
prospectively for increases in their benefits accordingly.
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 ``Social Security Notch Act of 2001''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act (42 U.S.C. 415(a)) is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph), the amount of the
individual's primary insurance amount as computed or recomputed under
paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the difference under old law, by
``(ii) the applicable percentage of the difference under
old law to be added under subparagraph (A), as determined, in
relation to the year in which the individual becomes eligible
for old-age insurance benefits, by the following table:
``If the individual
The percentage of
becomes eligible for
the difference under
such benefits in:
old law to be added is:
1979................................. 70 percent
1980................................. 50 percent
1981................................. 40 percent
1982................................. 35 percent
1983................................. 35 percent.
``(C) For purposes of subparagraph (B), the term `difference under
old law' means, in the case of any individual, the excess of--
``(i) the applicable old law primary insurance amount, over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable old
law primary insurance amount' means, in the case of any individual, the
amount which would be such individual's primary insurance amount if it
were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) Applicability of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(2) Prospective applicability.--No monthly benefit or
primary insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for any
month before the month in which this Act is enacted.
(b) Recomputation To Reflect Benefit Increases.--In any case in
which an individual is entitled to monthly insurance benefits under
title II of the Social Security Act for the month before the month in
which this Act is enacted, if such benefits are based on a primary
insurance amount computed--
(1) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December 1978,
or
(2) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such section
(as amended by the Social Security Amendments of 1977),
the Commissioner of Social Security (notwithstanding section 215(f)(1)
of the Social Security Act) shall recompute such primary insurance
amount so as to take into account the amendments made by this Act.
<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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