[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2549 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2549

     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

                           September 25, 1997

  Mr. Frank of Massachusetts 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)(B) of the Social Security Act (42 U.S.C. 
415(a)(7)(B)) is amended--
            (i) in the first sentence of clause (i), by inserting after 
        ``paragraph)'' the following: ``and the sum of the individual's 
        primary insurance amount under paragraph (1) of this subsection 
        and 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'';
            (ii) in the second sentence of clause (i), by striking 
        ``the monthly periodic payment'' and all that follows through 
        ``service)'' and inserting ``such monthly periodic payment'';
            (iii) in the last sentence of clause (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 of the excess 
        of such amount over the larger of the two amounts computed 
        under the preceding two sentences,''; and
            (iv) by adding at the end 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 clause  The applicable percentage in 
        (i) with respect to an              connection with such 
        individual is:                      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.
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