I 

108TH CONGRESS 

1ST SESSION H. R. 2011

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 HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Mr. FRANK of Massachusetts (for himself, Mr. RANGEL, Mr. WOLF, Mr. MATSUI, Mr. GOODE, Mr. SANDLIN, Mr. SAXTON, Mr. LYNCH, Mr. JONES of 

North Carolina, Mr. BOSWELL, Mrs. JO ANN DAVIS of Virginia, Mr. 

KLECZKA, Mr. TIBERI, Mr. JOHNSON of Illinois, Mr. FILNER, Mr. 

FROST, Mr. WYNN, Mr. PAUL, Mr. BROWN of Ohio, Mr. VAN HOLLEN, 

Mr. COSTELLO, Mr. HINCHEY, Mr. ROSS, Mr. DOGGETT, Mr. ABERCROMBIE, Ms. BALDWIN, Mr. FARR, Mr. HOEFFEL, Mr. TURNER of 

Texas, Mr. WEINER, Mr. HASTINGS of Florida, Mr. DELAHUNT, Mr. 

GORDON, Mr. HOLDEN, Mr. HOLT, Mr. HONDA, Mr. INSLEE, Mr. KANJORSKI, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Ms. KILPATRICK, 

Mr. LAMPSON, Mr. MEEHAN, Mr. NEAL of Massachusetts, Mr. OBERSTAR, Mr. OLVER, Mr. RODRIGUEZ, Mr. PASCRELL, Ms. KAPTUR, Mr. 

SERRANO, Mr. STRICKLAND, Mr. WU, Ms. LORETTA SANCHEZ of California, Mr. WEXLER, Mr. GUTIERREZ, Mr. DOYLE, Mr. ISRAEL, Mr. 

SCHIFF, Mr. MCGOVERN, Mrs. MCCARTHY of New York, Mr. ALLEN, 

Mr. GONZALEZ, Mr. GRIJALVA, Mr. MICHAUD, Mrs. LOWEY, Mr. BISHOP

of New York, Mr. ALEXANDER, Mr. CAPUANO, Ms. LINDA T. SA ́NCHEZ

of California, and Mr. EMANUEL) 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 restrict 

the application of the windfall elimination provision to 

individuals whose combined monthly income from bene-
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fits 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. WINDFALL ELIMINATION PROVISION RE4 STRICTED TO TOTAL MONTHLY AMOUNTS IN 

5 EXCESS OF $2,000. 

6 Section 215(a)(7) of the Social Security Act (42 

7 U.S.C. 415(a)(7)) is amended—

8 (1) in subparagraph (A), by inserting after 

9 ‘‘service’),’’ the following: ‘‘if the sum of the individ10 ual’s primary insurance amount under paragraph 

11 (1) of this subsection and the portion of the monthly 

12 periodic payment which is attributable to noncovered 

13 service performed after 1956 (with such attribution 

14 being based on the proportionate number of years of 

15 such noncovered service) is greater than $2,000, 

16 then’’; 

17 (2) in the second sentence of subparagraph 

18 (B)(i), by striking ‘‘(with such attribution being 

19 based on the proportionate number of years of such 

20 noncovered service)’’ and inserting ‘‘(as determined 

21 under subparagraph (A))’’; 
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1 (3) in the last sentence of subparagraph (B)(i), 

2 by striking ‘‘the larger of’’ and all that follows 

3 through ‘‘subsection (i))’’ and inserting the fol4 lowing: ‘‘the primary insurance amount determined 

5 under paragraph (1), reduced (before the application 

6 of subsection (i)) by the applicable percentage speci7 fied in clause (iii) of the excess of such amount over 

8 the larger of the two amounts computed under the 

9 preceding two sentences,’’; and 

10 (4) by adding at the end of subparagraph (B) 

11 the following new clause: 

12 ‘‘(iii) For purposes of clause (i), the applicable per13 centage in connection with any individual shall be the per14 centage specified in connection with such individual in the 

15 following table:

‘‘If the sum referred to in 

subparagraph (A) with 

respect to an individual 

is: 

The applicable percentage in 

connection with such 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%.’’.

16 SEC. 2. EFFECTIVE DATE. 

17 The amendments made by section 1 shall apply with 

18 respect to benefits for months after the date of the enact19 ment of this Act. Notwithstanding section 215(f)(1) of the 

20 Social Security Act, the Commissioner of Social Security 

21 shall recompute primary insurance amounts to the extent 
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1 necessary to carry out the amendments made by section 

2 1.

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