I 

111TH CONGRESS 

1ST SESSION H. R. 4193 

To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security benefits 

under title II of the Social Security Act and to provide, in the case 

of elderly beneficiaries under such title, for an annual cost-of-living 

increase which is not less than 3 percent. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2009 

Mr. ENGEL introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committee on Education and 

Labor, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the establishment of a Consumer Price Index 

for Elderly Consumers to compute cost-of-living increases 

for Social Security benefits under title II of the Social 

Security Act and to provide, in the case of elderly beneficiaries under such title, for an annual cost-of-living 

increase which is not less than 3 percent. 

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 ‘‘Guaranteed 3% COLA 

3 for Seniors Act of 2009’’. 

4 SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CON5 SUMERS. 

6 (a) IN GENERAL.—The Bureau of Labor Statistics 

7 of the Department of Labor shall prepare and publish an 

8 index for each calendar month to be known as the ‘‘Con9 sumer Price Index for Elderly Consumers’’ that indicates 

10 changes over time in expenditures for consumption which 

11 are typical for individuals in the United States who are 

12 62 years of age or older. 

13 (b) EFFECTIVE DATE.—Subsection (a) shall apply 

14 with respect to calendar months ending on or after July 

15 31 of the calendar year following the calendar year in 

16 which this Act is enacted. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out the provisions of this section. 

20 SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. 

21 (a) IN GENERAL.—Section 215(i) of the Social Secu22 rity Act (42 U.S.C. 415(i)) is amended— 

23 (1) in paragraph (1)(G), by inserting before the 

24 period the following: ‘‘, and, solely with respect to 

25 any monthly insurance benefit payable under this 

26 title to an individual who has attained age 62, effecVerDate Nov 24 2008 00:41 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4193.IH H4193

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1 tive for adjustments under this subsection to the pri2 mary insurance amount on which such benefit is 

3 based (or to any such benefit under section 227 or 

4 228) occurring after such individual attains such 

5 age, the applicable Consumer Price Index shall be 

6 deemed to be the Consumer Price Index for Elderly 

7 Consumers and such primary insurance amount 

8 shall be deemed adjusted under this subsection using 

9 such Index’’; 

10 (2) in paragraph (2)(A)(ii), by adding at the 

11 end the following: ‘‘In the case of individuals re12 ferred to in subdivision (I) or (II) who have attained 

13 age 62, irrespective of whether the Commissioner 

14 makes a determination described in the first sen15 tence of this clause with respect to the base quarter 

16 in any year, effective for adjustments under this 

17 subsection to the primary insurance amount on 

18 which such individual’s monthly insurance benefit is 

19 based occurring after such individual attains such 

20 age (or to any such benefit under section 227 or 

21 228), the Commissioner shall, effective with the 

22 month of December of such year, increase benefit 

23 amounts and primary insurance amounts of such in24 dividuals under this clause as if such base quarter 

25 were a cost of living computation quarter and the 


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1 applicable increase percentage with respect to such 

2 base quarter were equal to the greater of 3 percent 

3 or the applicable increase percentage (if any) with 

4 respect to such base quarter.’’; and 

5 (3) in paragraph (4), by striking ‘‘and by sec6 tion 9001’’ and inserting ‘‘, by section 9001’’, and 

7 by inserting after ‘‘1986,’’ the following: ‘‘and by 

8 section 3 of the Guaranteed 3% COLA for Seniors 

9 Act of 2009,’’. 

10 (b) CONFORMING AMENDMENTS IN APPLICABLE

11 FORMER LAW.—Section 215(i) of such Act, as in effect 

12 in December 1978 and applied in certain cases under the 

13 provisions of such Act in effect after December 1978, is 

14 amended— 

15 (1) in paragraph (1)(C), by inserting before the 

16 period the following: ‘‘, and, solely with respect to 

17 any monthly insurance benefit payable under this 

18 title to an individual who has attained age 62, effec19 tive for adjustments under this subsection to the pri20 mary insurance amount on which such benefit is 

21 based (or to any such benefit under section 227 or 

22 228) occurring after such individual attains such 

23 age, the applicable Consumer Price Index shall be 

24 deemed to be the Consumer Price Index for Elderly 

25 Consumers and such primary insurance amount 


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1 shall be deemed adjusted under this subsection using 

2 such Index’’; and 

3 (2) by adding at the end of paragraph 

4 (2)(A)(ii) the following: ‘‘In the case of individuals 

5 referred to in the first sentence of this clause who 

6 have attained age 62, irrespective of whether the 

7 Commissioner makes a determination described in 

8 the first sentence of this clause with respect to the 

9 base quarter in any year, effective for adjustments 

10 under this subsection to the primary insurance 

11 amount on which such individual’s monthly insur12 ance benefit is based occurring after such individual 

13 attains such age (or to any such benefit under sec14 tion 227 or 228), the Commissioner shall, effective 

15 with the month of December of such year, increase 

16 benefit amounts and primary insurance amounts of 

17 such individuals under this clause as if such base 

18 quarter were a cost of living computation quarter 

19 and the percentage referred to in the first sentence 

20 of this clause with respect to such base quarter were 

21 equal to the greater of 3 percent or the percentage 

22 (if any) otherwise referred to in the first sentence of 

23 this clause with respect to such base quarter.’’. 

24 (c) PROTECTION OF BENEFITS SUBJECT TO THE

25 FAMILY MAXIMUM.—Section 203(a) of the Social Security 


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1 Act (42 U.S.C. 403(a)) is amended by adding at the end 

2 the following new paragraph: 

3 ‘‘(11) In determining whether total monthly benefits 

4 based on any primary insurance amount exceed the 

5 amount permitted under this subsection, the Commis6 sioner shall disregard the portion of any benefit otherwise 

7 payable to any beneficiary under this title which is attrib8 utable to so much of any increases in benefits which would 

9 not have occurred but for the application of the last sen10 tence of section 215(i)(2)(A)(ii) (or the last sentence of 

11 section 215(i)(2)(A)(ii) as in effect in December 1978 (as 

12 amended) and applied in certain cases under the provi13 sions of such Act in effect after December 1978).’’. 

14 (d) RULE OF CONSTRUCTION.—This section and the 

15 amendments made thereby shall not be construed as a 

16 general benefit increase for purposes of section 215(i) of 

17 the Social Security Act (and section 215(i) of such Act 

18 as in effect in December 1978 and applied in certain cases 

19 under the provisions of such Act in effect after December 

20 1978). 

21 (e) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to determinations made with re23 spect to base quarters ending on or after September 30 


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1 of the second calendar year following the calendar year 

2 in which this Act is enacted. 

Æ 


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