I 

111TH CONGRESS 

1ST SESSION H. R. 238 

To amend title II of the Social Security Act to provide for an improved 

benefit computation formula for workers affected by the changes in 

benefit computation rules enacted in the Social Security Amendments 

of 1977 who attain age 65 during the 10-year period after 1981 and 

before 1992 (and related beneficiaries) and to provide prospectively for 

increases in their benefits accordingly. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2009 

Mrs. EMERSON 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 provide 

for an improved benefit computation formula for workers 

affected by the changes in benefit computation rules 

enacted in the Social Security Amendments of 1977 who 

attain age 65 during the 10-year period after 1981 and 

before 1992 (and related beneficiaries) and to provide 

prospectively for increases in their benefits accordingly. 

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 ‘‘Notch Baby Act of 

3 2009’’. 

4 SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE 

5 AMOUNT WHERE ELIGIBILITY ARISES DUR6 ING TRANSITIONAL PERIOD. 

7 Section 215(a) of the Social Security Act is amend8 ed— 

9 (1) in paragraph (4)(B), by inserting ‘‘(with or 

10 without the application of paragraph (8))’’ after 

11 ‘‘would be made’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(8)(A) In the case of an individual described in 

14 paragraph (4)(B) (subject to subparagraph (F) of this 

15 paragraph) who becomes eligible for old-age insurance 

16 benefits after 1978 and before 1989, the amount of the 

17 individual’s primary insurance amount as computed or re18 computed under paragraph (1) shall be deemed equal to 

19 the sum of— 

20 ‘‘(i) such amount, and 

21 ‘‘(ii) the applicable transitional increase amount 

22 (if any). 

23 ‘‘(B) For purposes of subparagraph (A)(ii), the term 

24 ‘applicable transitional increase amount’ means, in the 

25 case of any individual, the product derived by multi26 plying— 


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1 ‘‘(i) the excess under former law, by 

2 ‘‘(ii) the applicable percentage in relation to the 

3 year in which the individual becomes eligible for old4 age insurance benefits, as determined by the fol5 lowing table: 

‘‘If the individual 

becomes eligible for The applicable 

such benefits in: percentage is: 

1979 or 1980 ............................................................................... 60 percent

1981 or 1982 ............................................................................... 35 percent

1983 or 1984 ............................................................................... 30 percent

1985 or 1986 ............................................................................... 25 percent

1987 or 1988 ............................................................................... 10 percent. 

6 ‘‘(C) For purposes of subparagraph (B), the term ‘ex7 cess under former law’ means, in the case of any indi8 vidual, the excess of— 

9 ‘‘(i) the applicable former law primary insur10 ance amount, over 

11 ‘‘(ii) the amount which would be such individ12 ual’s primary insurance amount if computed or re13 computed under this section without regard to this 

14 paragraph and paragraphs (4), (5), and (6). 

15 ‘‘(D) For purposes of subparagraph (C)(i), the term 

16 ‘applicable former law primary insurance amount’ means, 

17 in the case of any individual, the amount which would be 

18 such individual’s primary insurance amount if it were— 

19 ‘‘(i) computed or recomputed (pursuant to 

20 paragraph (4)(B)(i)) under section 215(a) as in ef21 fect in December 1978, or 


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1 ‘‘(ii) computed or recomputed (pursuant to 

2 paragraph (4)(B)(ii)) as provided by subsection (d), 

3 (as applicable) and modified as provided by subparagraph 

4 (E). 

5 ‘‘(E) In determining the amount which would be an 

6 individual’s primary insurance amount as provided in sub7 paragraph (D)— 

8 ‘‘(i) subsection (b)(4) shall not apply; 

9 ‘‘(ii) section 215(b) as in effect in December 

10 1978 shall apply, except that section 215(b)(2)(C) 

11 (as then in effect) shall be deemed to provide that 

12 an individual’s ‘computation base years’ may include 

13 only calendar years in the period after 1950 (or 

14 1936 if applicable) and ending with the calendar 

15 year in which such individual attains age 61, plus 

16 the 3 calendar years after such period for which the 

17 total of such individual’s wages and self-employment 

18 income is the largest; and 

19 ‘‘(iii) subdivision (I) in the last sentence of 

20 paragraph (4) shall be applied as though the words 

21 ‘without regard to any increases in that table’ in 

22 such subdivision read ‘including any increases in 

23 that table’. 

24 ‘‘(F) This paragraph shall apply in the case of any 

25 individual only if such application results in a primary inVerDate Nov 24 2008 17:49 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H238.IH H238

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1 surance amount for such individual that is greater than 

2 it would be if computed or recomputed under paragraph 

3 (4)(B) without regard to this paragraph.’’. 

4 SEC. 3. EFFECTIVE DATE AND RELATED RULES. 

5 (a) APPLICABILITY OF AMENDMENTS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this Act shall 

8 be effective as though they had been included or re9 flected in section 201 of the Social Security Amend10 ments of 1977. 

11 (2) PROSPECTIVE APPLICABILITY.—No monthly 

12 benefit or primary insurance amount under title II 

13 of the Social Security Act shall be increased by rea14 son of such amendments for any month before Janu15 ary 2009. 

16 (b) RECOMPUTATION TO REFLECT BENEFIT IN17 CREASES.—In any case in which an individual is entitled 

18 to monthly insurance benefits under title II of the Social 

19 Security Act for December 2008, if such benefits are 

20 based on a primary insurance amount computed— 

21 (1) under section 215 of such Act as in effect 

22 (by reason of the Social Security Amendments of 

23 1977) after December 1978, or 

24 (2) under section 215 of such Act as in effect 

25 prior to January 1979 by reason of subsection 


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1 (a)(4)(B) of such section (as amended by the Social 

2 Security Amendments of 1977), 

3 the Commissioner of Social Security (notwithstanding sec4 tion 215(f)(1) of the Social Security Act) shall recompute 

5 such primary insurance amount so as to take into account 

6 the amendments made by this Act. 

Æ 


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