I 

111TH CONGRESS 

1ST SESSION H. R. 2145 

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 a minimum COLA-adjusted amount of $2,500 and 

to provide for a graduated implementation of such provision on amounts 

above such minimum amount. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2009 

Mr. FRANK of Massachusetts 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 a minimum COLA-adjusted amount of $2,500 

and to provide for a graduated implementation of such 

provision on amounts above such minimum amount. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Windfall Elimination 

3 Provision Relief Act of 2009’’. 

4 SEC. 2. WINDFALL ELIMINATION PROVISION RESTRICTED 

5 TO TOTAL MONTHLY AMOUNTS IN EXCESS OF 

6 COLA-ADJUSTED AMOUNT OF $2,500. 

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

8 U.S.C. 415(a)(7)) is amended— 

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

10 ‘‘service’),’’ the following: ‘‘if the sum of the individ11 ual’s primary insurance amount under paragraph 

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

13 periodic payment which is attributable to noncovered 

14 service performed after 1956 (with such attribution 

15 being based on the proportionate number of years of 

such noncovered service) is greater than 1 16 ⁄12 of the 

17 amount established for purposes of subparagraph 

18 (B)(iii)(I) under subparagraph (B)(iv), then’’; 

19 (2) in the second sentence of subparagraph 

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

21 based on the proportionate number of years of such 

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

23 under subparagraph (A))’’; 

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

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

26 through ‘‘subsection (i))’’ and inserting the folVerDate Nov 24 2008 22:00 Apr 29, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2145.IH H2145

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1 lowing: ‘‘the primary insurance amount determined 

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

3 of subsection (i)) by the applicable percentage deter4 mined under clause (iii) of the excess of such 

5 amount over the larger of the two amounts com6 puted under the preceding two sentences,’’; and 

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

8 the following new clauses: 

9 ‘‘(iii) For purposes of clause (i), the applicable per10 centage in connection with any individual is the product 

11 (not greater than 100 percent) derived by multiplying 2.5 

12 percentage points by the quotient determined under this 

13 clause. The quotient determined under this clause is the 

14 quotient derived by dividing— 

15 ‘‘(I) the excess of the sum referred to in subparagraph (A) over 1 16 ⁄12 of the amount established 

17 for purposes of this subclause under clause (iv), by 

‘‘(II) 1 18 ⁄480 of the excess of the dollar amount es19 tablished for purposes of this subclause under clause 

20 (iv) over the dollar amount established for purposes 

21 of subclause (I) under clause (iv), 

22 rounded to the next higher multiple of 1 where such 

23 amount is a multiple of 0.5 and to the nearest multiple 

24 of 1 in any other case. 


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1 ‘‘(iv) For individuals whose concurrent entitlement 

2 described in subparagraph (A) commences in calendar 

3 year 2009, the dollar amounts established for purposes of 

4 subclauses (I) and (II) of clause (iii) shall be $30,000 and 

5 $40,000, respectively. For individuals whose concurrent 

6 entitlement described in subparagraph (A) commences in 

7 any calendar year after 2009, each of the amounts so es8 tablished shall equal the product derived by multiplying 

9 the corresponding amount established with respect to cal10 endar year 2009 by the quotient obtained by dividing— 

11 ‘‘(I) the national average wage index (as de12 fined in section 209(k)(1)) for the first of the 2 cal13 endar years preceding the calendar year for which 

14 the determination is made, by 

15 ‘‘(II) the national average wage index (as so de16 fined) for 2007. 

17 Each amount established by this clause for any calendar 

18 year shall be rounded to the nearest multiple of $1, except 

19 that any amount so established which is a multiple of 

20 $0.50 but not of $1 shall be rounded to the next higher 

21 multiple of $1.’’. 

22 SEC. 3. EFFECTIVE DATE. 

23 The amendments made by section 2 shall apply with 

24 respect to benefits for months after the date of the enact25 ment of this Act. Notwithstanding section 215(f)(1) of the 


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1 Social Security Act, the Commissioner of Social Security 

2 shall recompute primary insurance amounts to the extent 

3 necessary to carry out the amendments made by section 

4 2. 

Æ 


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