[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4234 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4234

     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 $2,500 and to provide for a graduated 
 implementation of such provision on amounts above such $2,500 amount.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2004

Mr. Frank of Massachusetts (for himself and Mr. Matsui) 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 $2,500 and to provide for a graduated 
 implementation of such provision on amounts above such $2,500 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 $2,500.

    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 $2,500, 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 clause:
    ``(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 $2,500, by
            ``(II) $20.85,
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.''.

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.
                                 <all>