I 111th CONGRESS 2d Session H. R. 6442 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.

1.

Short title

This Act may be cited as the Social Security Widows and Spousal Protection Act.

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.