[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1011 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1011

     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 SENATE OF THE UNITED STATES

                              May 7, 2003

  Mr. Kerry (for himself, Mr. Sarbanes, and Mr. Reed) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 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.

    (a) In General.--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:

``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%.''.
    (b) Effective Date.--The amendments made by this section 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 this section.
                                 <all>