[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 363 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 363

   To amend title II of the Social Security Act to provide that the 
 reductions in social security benefits which are required in the case 
    of spouses and surviving spouses who are also receiving certain 
Government pensions shall be equal to the amount by which two-thirds of 
the total amount of the combined monthly benefit (before reduction) and 
        monthly pension exceeds $1,200, adjusted for inflation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

Ms. Mikulski (for herself, Mr. Sarbanes, Ms. Collins, Mr. Bingaman, Mr. 
Daschle, Ms. Snowe, Mr. Dorgan, Ms. Landrieu, Mrs. Murray, Mr. Breaux, 
 Ms. Cantwell, Mr. Kennedy, and Mrs. Clinton) 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 provide that the 
 reductions in social security benefits which are required in the case 
    of spouses and surviving spouses who are also receiving certain 
Government pensions shall be equal to the amount by which two-thirds of 
the total amount of the combined monthly benefit (before reduction) and 
        monthly pension exceeds $1,200, adjusted for inflation.

    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 ``Government Pension Offset Reform 
Act''.

SEC. 2. LIMITATION ON REDUCTIONS IN BENEFITS FOR SPOUSES AND SURVIVING 
              SPOUSES RECEIVING GOVERNMENT PENSIONS.

    (a) Wife's Insurance Benefits.--Section 202(b)(4)(A) of the Social 
Security Act (42 U.S.C. 402(b)(4)(A)) is amended--
            (1) by inserting ``the amount (if any) by which the sum of 
        such benefit (before reduction under this paragraph) and'' 
        after ``two-thirds of''; and
            (2) by inserting ``exceeds the amount described in 
        subsection (z) for such month,'' before ``if''.
    (b) Husband's Insurance Benefits.--Section 202(c)(2)(A) of such Act 
(42 U.S.C. 402(c)(2)(A)) is amended--
            (1) by inserting ``the amount (if any) by which the sum of 
        such benefit (before reduction under this paragraph) and'' 
        after ``two-thirds of''; and
            (2) by inserting ``exceeds the amount described in 
        subsection (z) for such month,'' before ``if''.
    (c) Widow's Insurance Benefits.--Section 202(e)(7)(A) of such Act 
(42 U.S.C. 402(e)(7)(A)) is amended--
            (1) by inserting ``the amount (if any) by which the sum of 
        such benefit (before reduction under this paragraph) and'' 
        after ``two-thirds of''; and
            (2) by inserting ``exceeds the amount described in 
        subsection (z) for such month,'' before ``if''.
    (d) Widower's Insurance Benefits.--Section 202(f)(2)(A) of such Act 
(42 U.S.C. 402(f)(2)(A)) is amended--
            (1) by inserting ``the amount (if any) by which the sum of 
        such benefit (before reduction under this paragraph) and'' 
        after ``two-thirds of''; and
            (2) by inserting ``exceeds the amount described in 
        subsection (z) for such month,'' before ``if''.
    (e) Mother's and Father's Insurance Benefits.--Section 202(g)(4)(A) 
of such Act (42 U.S.C. 402(g)(4)(A)) is amended--
            (1) by inserting ``the amount (if any) by which the sum of 
        such benefit (before reduction under this paragraph) and'' 
        after ``two-thirds of''; and
            (2) by inserting ``exceeds the amount described in 
        subsection (z) for such month,'' before ``if''.
    (f) Amount Described.--Section 202 of such Act (42 U.S.C. 402) is 
amended by adding at the end the following:
    ``(z) The amount described in this subsection is, for months in 
each 12-month period beginning in December of 2003, and each succeeding 
calendar year, the greater of--
            ``(1) $1200; or
            ``(2) the amount applicable for months in the preceding 12-
        month period, increased by the cost-of-living adjustment for 
        such period determined for an annuity under section 8340 of 
        title 5, United States Code (without regard to any other 
        provision of law).''.
    (g) Limitations on Reductions in Benefits.--Section 202 of such Act 
(42 U.S.C. 402), as amended by subsection (f), is amended by adding at 
the end the following:
    ``(aa) For any month after December 2003, in no event shall an 
individual receive a reduction in a benefit under subsection (b)(4)(A), 
(c)(2)(A), (e)(7)(A), (f)(2)(A), or (g)(4)(A) for the month that is 
more than the reduction in such benefit that would have applied for 
such month under such subsections as in effect on December 1, 2003.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 1 shall apply with respect to 
monthly insurance benefits payable under title II of the Social 
Security Act for months after December 2003.
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