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106TH CONGRESS

1ST SESSION H. R. 860

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

FEBRUARY 25, 1999

Mr. FRANK of Massachusetts (for himself, Mr. NEY, Mr. ACKERMAN, Mr.

OLVER, Mr. SMITH of Washington, Mr. SHERMAN, Mr. PETERSON of

Minnesota, Mr. STRICKLAND, Mr. PALLONE, Mr. ROMERO-BARCELO ́, Mr.

EVANS, Mr. WEXLER, Mr. MORAN of Virginia, Mr. GEJDENSON, Mr.

DAVIS of Virginia, Mrs. MORELLA, Mr. FROST, Ms. NORTON, Mr.

KUCINICH, Mr. GILMAN, Mr. SHOWS, Mr. DEFAZIO, Mr. RAHALL, Mr.

CROWLEY, Mr. DIXON, Mr. TRAFICANT, Mr. WAXMAN, Mr. WYNN, and

Mr. MCGOVERN) 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 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.
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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))’’;

22 (3) in the last sentence of subparagraph (B)(i),

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

24 through ‘‘subsection (i))’’ and inserting the follow25 ing: ‘‘the primary insurance amount determined
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1 under paragraph (1), reduced (before the application

2 of subsection (i)) by the applicable percentage speci3 fied in clause (iii) of the excess of such amount over

4 the larger of the two amounts computed under the

5 preceding two sentences,’’; and

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

7 the following new clause:

8 ‘‘(iii) For purposes of clause (i), the applicable per9 centage in connection with any individual shall be the per10 centage specified in connection with such individual in the

11 following table:

‘‘If the sum referred to in

clause (i) 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%.’’.

12 SEC. 2. EFFECTIVE DATE.

13 The amendments made by section 1 shall apply with

14 respect to benefits for months after the date of the enact15 ment of this Act. Notwithstanding section 215(f)(1) of the

16 Social Security Act, the Commissioner of Social Security

17 shall recompute primary insurance amounts to the extent

18 necessary to carry out the amendments made by

19 section 1.

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