[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1799 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1799

   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

                           September 29, 2005

  Ms. Mikulski (for herself, Mr. Voinovich, Mr. Akaka, Mr. Biden, Mr. 
Dorgan, Mr. Durbin, Mr. Harkin, Mrs. Murray, Mr. Sarbanes, Mr. Schumer, 
and Mr. Warner) 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) Insurance Benefits.--Section 202(k)(5)(A) of the Social 
Security Act (42 U.S.C. 402(k)(5)(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 
        paragraph (6) for such month,'' before ``if''.
    (b) Amount Described.--Section 202(k) of the Social Security Act 
(42 U.S.C. 402(k)) is amended by adding at the end the following:
            ``(6) The amount described in this paragraph is, for months 
        in each 12-month period beginning in December of 2005, and each 
        succeeding calendar year, the greater of--
                    ``(A) $1,200; or
                    ``(B) 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).''.
    (c) Limitations on Reductions in Benefits.--Section 202(k) of the 
Social Security Act (42 U.S.C. 402(k)), as amended by subsection (b), 
is amended by adding at the end the following:
            ``(7) For any month after December 2005, in no event shall 
        an individual receive a reduction in a benefit under paragraph 
        (5)(A) for the month that is more than the reduction in such 
        benefit that would have applied for such month under such 
        paragraph as in effect on December 1, 2005.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply with respect to 
monthly insurance benefits payable under title II of the Social 
Security Act for months after December 2005.
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