[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6442 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6442

  To amend title II of the Social Security Act to prevent low-income 
 public servants from falling into poverty by modifying the Government 
  Pension Offset to protect their Social Security widows and spousal 
                               benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2010

Ms. Pingree of Maine 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 prevent low-income 
 public servants from falling into poverty by modifying the Government 
  Pension Offset to protect their Social Security widows and spousal 
                               benefits.

    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 Widows and Spousal 
Protection Act''.

SEC. 2. LIMITATION ON SOCIAL SECURITY GOVERNMENT PENSION OFFSET.

    (a) In General.--Section 202(k)(5) of the Social Security Act (42 
U.S.C. 402(k)(5)) is amended--
            (1) in subparagraph (A), by striking ``two-thirds of the 
        amount of'' and all that follows through ``section 218(b)(2))'' 
        and inserting ``the applicable offset amount with respect to 
        such monthly insurance benefit'';
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
    ``(B) For purposes of subparagraph (A)--
            ``(i) The applicable offset amount for any month with 
        respect to an individual's monthly insurance benefit is an 
        amount equal to the applicable percentage of the base offset 
        amount for such month.
            ``(ii) The base offset amount for a month is an amount 
        equal to two-thirds of the total amount of all monthly periodic 
        benefits payable to the individual for such month which are 
        based on the individual's earnings while in the service of the 
        Federal Government or any State (or political subdivision 
        thereof, as defined in section 218(b)(2)).
            ``(iii) The applicable percentage is twice the excess (not 
        less than zero percent) of--
                    ``(I) the maximum PIA percentage, over
                    ``(II) 50 percent.
            ``(iv) The maximum PIA percentage is the ratio (expressed 
        as a percentage not in excess of 100 percent) that--
                    ``(I) the sum of the individual's monthly insurance 
                benefit for the month (before reduction under this 
                paragraph) plus the total amount of monthly periodic 
                benefits described in clause (ii) for the month, bears 
                to
                    ``(II) the amount of the largest possible primary 
                insurance amount under this title for the preceding 
                month of December.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to monthly insurance benefits payable under title II 
of the Social Security Act for months after November 2010.
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