I 

116TH CONGRESS 

1ST SESSION H. R. 2654 

To improve the retirement security of American families by strengthening 

Social Security. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

Ms. SA ́NCHEZ (for herself, Mr. POCAN, Mr. LYNCH, Mr. CARTWRIGHT, Mr. 

COHEN, Ms. LEE of California, Ms. SCHAKOWSKY, Ms. WILD, Ms. NORTON, Ms. PINGREE, Ms. MCCOLLUM, Mr. RICHMOND, Ms. WASSERMAN

SCHULTZ, Mr. SMITH of Washington, Mr. RUSH, and Mr. THOMPSON of 

Mississippi) 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 improve the retirement security of American families by 

strengthening Social Security. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Social 

5 Security Act of 2019’’. 


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1 SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF2 EMPLOYMENT INCOME ABOVE CONTRIBU3 TION AND BENEFIT BASE AFTER 2020. 

4 (a) DETERMINATION OF TAXABLE WAGES ABOVE

5 CONTRIBUTION AND BENEFIT BASE AFTER 2020.— 

6 (1) AMENDMENTS TO THE INTERNAL REVENUE

7 CODE OF 1986.—Section 3121 of the Internal Rev8 enue Code of 1986 is amended— 

9 (A) in subsection (a)(1), by inserting ‘‘the 

10 applicable percentage (determined under sub11 section (c)(1)) of’’ before ‘‘that part of the re12 muneration’’; and 

13 (B) in subsection (c), by striking ‘‘(c) IN14 CLUDED AND EXCLUDED SERVICE.—For pur15 poses of this chapter, if’’ and inserting the fol16 lowing: 

17 ‘‘(c) SPECIAL RULES FOR WAGES AND EMPLOY18 MENT.— 

19 ‘‘(1) APPLICABLE PERCENTAGE OF REMUNERA20 TION IN DETERMINING TAXABLE WAGES.—For pur21 poses of subsection (a)(1), the applicable percentage 

22 for a calendar year shall be equal to— 

23 ‘‘(A) for 2021, 80 percent, 

24 ‘‘(B) for 2022 through 2024, the applica25 ble percentage under this paragraph for the 


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1 previous year, decreased by 20 percentage 

2 points, and 

3 ‘‘(C) for 2025 and each year thereafter, 0 

4 percent. 

5 ‘‘(2) INCLUDED AND EXCLUDED SERVICE.—For 

6 purposes of this chapter, if’’. 

7 (2) AMENDMENTS TO THE SOCIAL SECURITY

8 ACT.—Section 209 of the Social Security Act (42 

9 U.S.C. 409) is amended— 

10 (A) in subsection (a)(1)(I)— 

11 (i) by inserting ‘‘and before 2021’’ 

12 after ‘‘1974’’; and 

13 (ii) by inserting ‘‘and’’ after the semi14 colon; 

15 (B) in subsection (a)(1), by adding at the 

16 end the following new subparagraph: 

17 ‘‘(J) The applicable percentage (deter18 mined under subsection (l)) of that part of re19 muneration which, after remuneration (other 

20 than remuneration referred to in the succeeding 

21 subsections of this section) equal to the con22 tribution and benefit base (determined under 

23 section 230) with respect to employment has 

24 been paid to an individual during any calendar 

25 year after 2020 with respect to which such conVerDate Sep 11 2014 05:43 May 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2654.IH H2654

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1 tribution and benefit base is effective, is paid to 

2 such individual during such calendar year;’’; 

3 and 

4 (C) by adding at the end the following new 

5 subsection: 

6 ‘‘(l) For purposes of subsection (a)(1)(J), the applica7 ble percentage for a calendar year shall be equal to— 

8 ‘‘(1) for 2021, 80 percent, 

9 ‘‘(2) for 2022 through 2024, the applicable per10 centage under this subsection for the previous year, 

11 decreased by 20 percentage points, and 

12 ‘‘(3) for 2025 and each year thereafter, 0 per13 cent.’’. 

14 (3) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall apply with respect to remu16 neration paid in calendar years after 2020. 

17 (b) DETERMINATION OF TAXABLE SELF-EMPLOY18 MENT INCOME ABOVE CONTRIBUTION AND BENEFIT

19 BASE AFTER 2020.— 

20 (1) AMENDMENTS TO THE INTERNAL REVENUE

21 CODE OF 1986.—Section 1402 of the Internal Rev22 enue Code of 1986 is amended— 

23 (A) in subsection (b)(1), by striking ‘‘that 

24 part of the net earnings’’ and all that follows 

25 through ‘‘minus’’ and inserting the following: 


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1 ‘‘an amount equal to the applicable percentage 

2 (as determined under subsection (d)(2)) of that 

3 part of the net earnings from self-employment 

4 which is in excess of the difference (not to be 

5 less than zero) between (i) an amount equal to 

6 the contribution and benefit base (as deter7 mined under section 230 of the Social Security 

8 Act) which is effective for the calendar year in 

9 which such taxable year begins, and’’; and 

10 (B) in subsection (d)— 

11 (i) by striking ‘‘(d) EMPLOYEE AND

12 WAGES.—The term’’ and inserting the fol13 lowing: 

14 ‘‘(d) RULES AND DEFINITIONS.— 

15 ‘‘(1) EMPLOYEE AND WAGES.—The term’’; and 

16 (ii) by adding at the end the fol17 lowing: 

18 ‘‘(2) APPLICABLE PERCENTAGE OF NET EARN19 INGS FROM SELF-EMPLOYMENT IN DETERMINING

20 TAXABLE SELF-EMPLOYMENT INCOME.—For pur21 poses of subsection (b)(1), the applicable percentage 

22 for a taxable year beginning in any calendar year re23 ferred to in such paragraph shall be equal to— 

24 ‘‘(A) for 2021, 80 percent, 


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1 ‘‘(B) for 2022 through 2024, the applica2 ble percentage under this paragraph for the 

3 previous year, decreased by 20 percentage 

4 points, and 

5 ‘‘(C) for 2025 and each year thereafter, 0 

6 percent.’’. 

7 (2) AMENDMENTS TO THE SOCIAL SECURITY

8 ACT.—Section 211 of the Social Security Act (42 

9 U.S.C. 411) is amended— 

10 (A) in subsection (b)— 

11 (i) in paragraph (1)(I)— 

12 (I) by striking ‘‘or’’ after the 

13 semicolon; and 

14 (II) by inserting ‘‘and before 

15 2021’’ after ‘‘1974’’; 

16 (ii) by redesignating paragraph (2) as 

17 paragraph (3); and 

18 (iii) by inserting after paragraph (1) 

19 the following: 

20 ‘‘(2) For any taxable year beginning in any cal21 endar year after 2020, an amount equal to the appli22 cable percentage (as determined under subsection 

23 (l)) of that part of net earnings from self-employ24 ment which is in excess of the difference (not to be 

25 less than zero) between— 


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1 ‘‘(A) an amount equal to the contribution 

2 and benefit base (as determined under section 

3 230) that is effective for such calendar year, 

4 and 

5 ‘‘(B) the amount of the wages paid to such 

6 individual during such taxable year, or’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(l) For purposes of subsection (b)(2), the applicable 

9 percentage for a taxable year beginning in any calendar 

10 year referred to in such paragraph shall be equal to— 

11 ‘‘(1) for 2021, 80 percent, 

12 ‘‘(2) for 2022 through 2024, the applicable per13 centage under this subsection for the previous year, 

14 decreased by 20 percentage points, and 

15 ‘‘(3) for 2025 and each year thereafter, 0 per16 cent.’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply with respect to taxable 

19 years beginning during or after calendar year 2021. 

20 SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING 

21 PRIMARY INSURANCE AMOUNT AND INCLU22 SION OF SURPLUS EARNINGS FOR BENEFIT 

23 DETERMINATIONS. 

24 (a) ADJUSTMENTS RELATING TO FIRST BEND

25 POINT.— 


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1 (1) INCREASE IN FIRST BEND POINT FACTOR.— 

2 (A) IN GENERAL.—Section 215(a)(1)(A)(i) 

3 of the Social Security Act (42 U.S.C. 

4 415(a)(1)(A)(i)) is amended by striking ‘‘90 

5 percent’’ and inserting ‘‘95 percent’’. 

6 (B) EFFECTIVE DATE; APPLICATION

7 RULE.—The amendment made by subparagraph 

8 (A) shall apply with respect to computations or 

9 recomputations of primary insurance amounts 

10 made on or after January 1, 2025, except that 

11 section 215(a)(1)(A)(i) of the Social Security 

12 Act shall be applied by making the following 

13 substitutions for ‘‘95 percent’’ for computations 

14 and recomputations made in the following cal15 endar years: 

16 (i) for calendar year 2025, by sub17 stituting ‘‘91 percent’’; 

18 (ii) for calendar year 2026, by sub19 stituting ‘‘92 percent’’; 

20 (iii) for calendar year 2027, by sub21 stituting ‘‘93 percent’’; and 

22 (iv) for calendar year 2028, by sub23 stituting ‘‘94 percent’’. 


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1 (2) INCREASE IN FIRST BEND POINT.—Section 

2 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) 

3 is amended— 

4 (A) by redesignating clause (iii) as clause 

5 (iv); and 

6 (B) by inserting after clause (ii) the fol7 lowing new clause: 

8 ‘‘(iii) With respect to computations or recompu9 tations of primary insurance amounts made on or 

10 after January 1, 2025, the amount determined 

11 under clause (i) of this subparagraph for purposes 

12 of subparagraph (A)(i) for such calendar year shall 

13 be increased by— 

14 ‘‘(I) for calendar year 2026, 1 percent, 

15 ‘‘(II) for each of calendar years 2027 

16 through 2039, the percent determined under 

17 this clause for the preceding year increased by 

18 1 percentage point, and 

19 ‘‘(III) for calendar year 2040 and each 

20 year thereafter, 15 percent.’’. 

21 (3) APPLICATION OF INCREASE; RECOMPUTA22 TIONS.—The amendments made by this subsection 

23 shall apply with respect to every individual who be24 comes entitled to old-age or disability insurance ben25 efits under title II of the Social Security Act, or who 


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1 dies (before becoming so entitled), in any calendar 

2 year. Notwithstanding section 215(f)(1) of the Social 

3 Security Act, the Commissioner of Social Security 

4 shall recompute the primary insurance amount of 

5 each such individual on the first day of each cal6 endar year during the period beginning with cal7 endar year 2025 and ending with calendar year 

8 2040 to the extent necessary to carry out the 

9 amendments made by this section. 

10 (b) INCLUSION OF SURPLUS AVERAGE INDEXED

11 MONTHLY EARNINGS IN DETERMINATION OF PRIMARY

12 INSURANCE AMOUNTS.—Section 215(a)(1)(A) of the So13 cial Security Act (42 U.S.C. 415(a)(1)(A)) is amended— 

14 (1) in clauses (i), (ii), and (iii), by inserting 

15 ‘‘basic’’ before ‘‘average indexed monthly earnings’’ 

16 each place it appears; 

17 (2) in clause (ii), by striking ‘‘and’’ at the end; 

18 (3) in clause (iii), by adding ‘‘and’’ at the end; 

19 and 

20 (4) by inserting after clause (iii) the following 

21 new clause: 

22 ‘‘(iv) 5 percent of the individual’s surplus aver23 age indexed monthly earnings,’’. 

24 (c) BASIC AIME AND SURPLUS AIME.— 


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1 (1) BASIC AIME.—Section 215(b)(1) of such 

2 Act (42 U.S.C. 415(b)(1)) is amended— 

3 (A) by inserting ‘‘basic’’ before ‘‘average’’; 

4 and 

5 (B) in subparagraph (A), by striking 

6 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

7 (3)(A)’’ and by inserting before the comma the 

8 following: ‘‘to the extent such total does not ex9 ceed the contribution and benefit base for the 

10 applicable year’’. 

11 (2) SURPLUS AIME.— 

12 (A) IN GENERAL.—Section 215(b)(1) of 

13 such Act (as amended by paragraph (1)) is 

14 amended— 

15 (i) by redesignating subparagraphs 

16 (A) and (B) as clauses (i) and (ii), respec17 tively; 

18 (ii) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(B)(i) An individual’s surplus average indexed 

23 monthly earnings shall be equal to the quotient obtained 

24 by dividing— 


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1 ‘‘(I) the total (after adjustment under para2 graph (3)(B)) of such individual’s surplus earnings 

3 (determined under clause (ii)) for such individual’s 

4 benefit computation years (determined under para5 graph (2)), by 

6 ‘‘(II) the number of months in those years. 

7 ‘‘(ii) For purposes of clause (i) and paragraph (3)(B), 

8 an individual’s surplus earnings for a benefit computation 

9 year are the total of such individual’s wages paid in and 

10 self-employment income credited to such benefit computa11 tion year, to the extent such total (before adjustment 

12 under paragraph (3)(B)) exceeds the contribution and 

13 benefit base for such year.’’. 

14 (B) CONFORMING AMENDMENT.—The 

15 heading for section 215(b) of such Act is 

16 amended by striking ‘‘Average Indexed Monthly 

17 Earnings’’ and inserting ‘‘Basic Average In18 dexed Monthly Earnings; Surplus Average In19 dexed Monthly Earnings’’. 

20 (3) ADJUSTMENT OF SURPLUS EARNINGS FOR

21 PURPOSES OF DETERMINING SURPLUS AIME.—Sec22 tion 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is 

23 amended— 

24 (A) in subparagraph (A), by striking ‘‘sub25 paragraph (B)’’ and inserting ‘‘subparagraph 


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1 (C)’’ and by inserting ‘‘and determination of 

2 basic average indexed monthly income’’ after 

3 ‘‘paragraph (2)’’; 

4 (B) by redesignating subparagraph (B) as 

5 subparagraph (C); and 

6 (C) by inserting after subparagraph (A) 

7 the following new subparagraph: 

8 ‘‘(B) For purposes of determining under paragraph 

9 (1)(B) an individual’s surplus average indexed monthly 

10 earnings, the individual’s surplus earnings (described in 

11 paragraph (2)(B)(ii)) for a benefit computation year shall 

12 be deemed to be equal to the product of— 

13 ‘‘(i) the individual’s surplus earnings for such 

14 year (as determined without regard to this subpara15 graph), and 

16 ‘‘(ii) the quotient described in subparagraph 

17 (A)(ii).’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 subsections (b) and (c) shall apply with respect to individ20 uals who initially become eligible (within the meaning of 

21 section 215(a)(3)(B) of the Social Security Act) for old22 age or disability insurance benefits under title II of the 

23 Social Security Act, or who die (before becoming eligible 

24 for such benefits), in any calendar year after 2025. 


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1 SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CON2 SUMERS. 

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

4 of the Department of Labor shall prepare and publish an 

5 index for each calendar month to be known as the ‘‘Con6 sumer Price Index for Elderly Consumers’’ that indicates 

7 changes over time in expenditures for consumption which 

8 are typical for individuals in the United States who have 

9 attained early retirement age (as defined under section 

10 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) 

11 for purposes of an old-age, wife’s, or husband’s insurance 

12 benefit). 

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

14 with respect to calendar months ending on or after June 

15 30 of the calendar year in which this Act is enacted. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as are nec18 essary to carry out the provisions of this section. 

19 SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR 

20 SOCIAL SECURITY BENEFITS. 

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, with respect to any 

25 monthly insurance benefit payable under this title, 

26 effective for adjustments under this subsection to 


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1 the primary insurance amount on which such benefit 

2 is based (or to any such benefit under section 227 

3 or 228), the applicable Consumer Price Index shall 

4 be deemed to be the Consumer Price Index for El5 derly Consumers and such primary insurance 

6 amount shall be deemed adjusted under this sub7 section using such Index’’; and 

8 (2) in paragraph (4), by striking ‘‘and by sec9 tion 9001’’ and inserting ‘‘, by section 9001’’, and 

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

11 section 5(a) of the Strengthening Social Security Act 

12 of 2019,’’. 

13 (b) CONFORMING AMENDMENTS IN APPLICABLE

14 FORMER LAW.—Section 215(i)(1)(C) of the Social Secu15 rity Act, as in effect in December 1978 and applied in 

16 certain cases under the provisions of such Act in effect 

17 after December 1978, is amended by inserting before the 

18 period the following: ‘‘, and, with respect to any monthly 

19 insurance benefit payable under this title, effective for ad20 justments under this subsection to the primary insurance 

21 amount on which such benefit is based (or to any such 

22 benefit under section 227 or 228), the applicable Con23 sumer Price Index shall be deemed to be the Consumer 

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1 surance amount shall be deemed adjusted under this sub2 section using such Index’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to determinations made by the 

5 Commissioner of Social Security under section 215(i)(2) 

6 of the Social Security Act (42 U.S.C. 415(i)(2)) with re7 spect to cost-of-living computation quarters ending on or 

8 after September 30, 2020. 

9 SEC. 6. IMPROVING SOCIAL SECURITY BENEFITS FOR WID10 OWS AND WIDOWERS IN TWO-INCOME HOUSE11 HOLDS. 

12 (a) IN GENERAL.— 

13 (1) WIDOWS.—Section 202(e) of the Social Se14 curity Act (42 U.S.C. 402(e)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (B), by inserting 

17 ‘‘and’’ at the end; 

18 (ii) in subparagraph (C)(iii), by strik19 ing ‘‘and’’ at the end; 

20 (iii) by striking subparagraph (D); 

21 (iv) by redesignating subparagraphs 

22 (E) and (F) as subparagraphs (D) and 

23 (E), respectively; and 

24 (v) in the flush matter following sub25 paragraph (E)(ii), as so redesignated, by 


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1 striking ‘‘or becomes entitled to an old-age 

2 insurance benefit’’ and all that follows 

3 through ‘‘such deceased individual,’’; 

4 (B) by striking subparagraph (A) in para5 graph (2) and inserting the following: 

6 ‘‘(2)(A) Except as provided in subsection 

7 (k)(5), subsection (q), and subparagraph (D) of this 

8 paragraph, such widow’s insurance benefit for each 

9 month shall be equal to the greater of— 

10 ‘‘(i) subject to paragraph (9), the pri11 mary insurance amount (as determined for 

12 purposes of this subsection after applica13 tion of subparagraphs (B) and (C)) of such 

14 deceased individual, or 

15 ‘‘(ii) subject to paragraphs (9) and 

16 (10), in the case of a fully insured widow 

17 or surviving divorced wife, 75 percent of 

18 the sum of any old-age or disability insur19 ance benefit for which the widow or the 

20 surviving divorced wife is entitled for such 

21 month and the primary insurance amount 

22 (as determined for purposes of this sub23 section after application of subparagraphs 

24 (B) and (C)) of such deceased individual.’’; 

25 (C) in paragraph (5)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘paragraph (1)(F)’’ and inserting ‘‘para3 graph (1)(E)’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘paragraph (1)(F)(i)’’ and inserting 

6 ‘‘paragraph (1)(E)(i)’’; and 

7 (D) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(9) For purposes of clauses (i) and (ii) of 

10 paragraph (2)(A), in the case of a surviving divorced 

11 wife, the amount determined under either such 

12 clause (and, for purposes of clause (ii) of paragraph 

13 (2)(A), as determined after application of paragraph 

14 (10)) shall be equal to the applicable percentage (as 

15 determined under section 202(b)(2)(B)) of such 

16 amount (as determined before application of this 

17 paragraph but after application of subsection 

18 (k)(3)). 

19 ‘‘(10) For purposes of paragraph (2)(A)(ii), the 

20 amount determined under such paragraph shall not 

21 exceed the primary insurance amount for such 

22 month of a hypothetical individual— 

23 ‘‘(A) who became entitled to old-age insur24 ance benefits upon attaining early retirement 

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1 dividual referred to in paragraph (1) became 

2 entitled to old-age or disability insurance bene3 fits, or died (before becoming entitled to such 

4 benefits), and 

5 ‘‘(B) to whom wages and self-employment 

6 income were credited in each of such hypo7 thetical individual’s elapsed years (within the 

8 meaning of section 215(b)(2)(B)(iii)) in an 

9 amount equal to the national average wage 

10 index (as described in section 209(k)(1)) for 

11 each such year.’’. 

12 (2) WIDOWERS.—Section 202(f) of the Social 

13 Security Act (42 U.S.C. 402(f)) is amended— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (B), by inserting 

16 ‘‘and’’ at the end; 

17 (ii) in subparagraph (C)(iii), by strik18 ing ‘‘and’’ at the end; 

19 (iii) by striking subparagraph (D); 

20 (iv) by redesignating subparagraphs 

21 (E) and (F) as subparagraphs (D) and 

22 (E), respectively; and 

23 (v) in the flush matter following sub24 paragraph (E)(ii), as so redesignated, by 

25 striking ‘‘or becomes entitled to an old-age 


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1 insurance benefit’’ and all that follows 

2 through ‘‘such deceased individual,’’; 

3 (B) by striking subparagraph (A) in para4 graph (2) and inserting the following: 

5 ‘‘(2)(A) Except as provided in subsection 

6 (k)(5), subsection (q), and subparagraph (D) of this 

7 paragraph, such widower’s insurance benefit for 

8 each month shall be equal to the greater of— 

9 ‘‘(i) subject to paragraph (9), the pri10 mary insurance amount (as determined for 

11 purposes of this subsection after applica12 tion of subparagraphs (B) and (C)) of such 

13 deceased individual, or 

14 ‘‘(ii) subject to paragraphs (9) and 

15 (10), in the case of a fully insured widower 

16 or surviving divorced husband, 75 percent 

17 of the sum of any old-age or disability in18 surance benefit for which the widower or 

19 the surviving divorced husband is entitled 

20 for such month and the primary insurance 

21 amount (as determined for purposes of this 

22 subsection after application of subpara23 graphs (B) and (C)) of such deceased indi24 vidual.’’; 

25 (C) in paragraph (5)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘paragraph (1)(F)’’ and inserting ‘‘para3 graph (1)(E)’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘paragraph (1)(F)(i)’’ and inserting 

6 ‘‘paragraph (1)(E)(i)’’; and 

7 (D) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(9) For purposes of clauses (i) and (ii) of 

10 paragraph (2)(A), in the case of a surviving divorced 

11 husband, the amount determined under either such 

12 clause (and, for purposes of clause (ii) of paragraph 

13 (2)(A), as determined after application of paragraph 

14 (10)) shall be equal to the applicable percentage (as 

15 determined under section 202(c)(2)(B)) of such 

16 amount (as determined before application of this 

17 paragraph but after application of subsection 

18 (k)(3)). 

19 ‘‘(10) For purposes of paragraph (2)(A)(ii), the 

20 amount determined under such paragraph shall not 

21 exceed the primary insurance amount for such 

22 month of a hypothetical individual— 

23 ‘‘(A) who became entitled to old-age insur24 ance benefits upon attaining early retirement 

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1 dividual referred to in paragraph (1) became 

2 entitled to old-age or disability insurance bene3 fits, or died (before becoming entitled to such 

4 benefits), and 

5 ‘‘(B) to whom wages and self-employment 

6 income were credited in each of such hypo7 thetical individual’s elapsed years (within the 

8 meaning of section 215(b)(2)(B)(iii)) in an 

9 amount equal to the national average wage 

10 index (as described in section 209(k)(1)) for 

11 each such year.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply with respect to widow’s and wid14 ower’s insurance benefits payable for months after Decem15 ber 2020. 

16 SEC. 7. HOLDING SSI BENEFICIARIES HARMLESS. 

17 For purposes of determining the income of an indi18 vidual to establish eligibility for, and the amount of, bene19 fits payable under title XVI of the Social Security Act, 

20 the amount of any benefit to which the individual is enti21 tled under title II of such Act shall be deemed not to ex22 ceed the amount of the benefit that would be determined 

23 for such individual under such title as in effect on the day 

24 before the date of the enactment of this Act. 

Æ 


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