[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 45 Introduced in House (IH)]

  1st Session
                                 H. R. 45

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

                            January 7, 1997

 Mr. Clement 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 1997''.

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 Secretary of Health and Human Services (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.
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