II

105TH CONGRESS

1ST SESSION S. 1365

To amend title II of the Social Security Act to provide that the reductions

in social security benefits which are required in the case of spouses

and surviving spouses who are also receiving certain Government pensions

shall be equal to the amount by which two-thirds of the total amount

of the combined monthly benefit (before reduction) and monthly pension

exceeds $1,200, adjusted for inflation.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4, 1997

Ms. MIKULSKI introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend title II of the Social Security Act to provide

that the reductions in social security benefits which are

required in the case of spouses and surviving spouses

who are also receiving certain Government pensions shall

be equal to the amount by which two-thirds of the total

amount of the combined monthly benefit (before reduction) and monthly pension exceeds $1,200, adjusted for

inflation.

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. LIMITATION ON REDUCTIONS IN BENEFITS

2 FOR SPOUSES AND SURVIVING SPOUSES RE3 CEIVING GOVERNMENT PENSIONS.

4 (a) WIFE’S INSURANCE BENEFITS.—Section

5 202(b)(4)(A) of the Social Security Act (42 U.S.C.

6 402(b)(4)(A)) is amended—

7 (1) by inserting ‘‘the amount (if any) by which

8 the sum of such benefit (before reduction under this

9 paragraph) and’’ after ‘‘two-thirds of ’’; and

10 (2) by inserting ‘‘exceeds the amount described

11 in subsection (z) for such month,’’ before ‘‘if ’’.

12 (b) HUSBAND’S INSURANCE BENEFITS.—Section

13 202(c)(2)(A) of such Act (42 U.S.C. 402(c)(2)(A)) is

14 amended—

15 (1) by inserting ‘‘the amount (if any) by which

16 the sum of such benefit (before reduction under this

17 paragraph) and’’ after ‘‘two-thirds of ’’; and

18 (2) by inserting ‘‘exceeds the amount described

19 in subsection (z) for such month,’’ before ‘‘if ’’.

20 (c) WIDOW’S INSURANCE BENEFITS.—Section

21 202(e)(7)(A) of such Act (42 U.S.C. 402(e)(7)(A)) is

22 amended—

23 (1) by inserting ‘‘the amount (if any) by which

24 the sum of such benefit (before reduction under this

25 paragraph) and’’ after ‘‘two-thirds of ’’; and
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•S 1365 IS

1 (2) by inserting ‘‘exceeds the amount described

2 in subsection (z) for such month,’’ before ‘‘if ’’.

3 (d) WIDOWER’S INSURANCE BENEFITS.—Section

4 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is

5 amended—

6 (1) by inserting ‘‘the amount (if any) by which

7 the sum of such benefit (before reduction under this

8 paragraph) and’’ after ‘‘two-thirds of ’’; and

9 (2) by inserting ‘‘exceeds the amount described

10 in subsection (z) for such month,’’ before ‘‘if ’’.

11 (e) MOTHER’S AND FATHER’S INSURANCE BENE12 FITS.—Section 202(g)(4)(A) of such Act (42 U.S.C.

13 402(g)(4)(A)) is amended—

14 (1) by inserting ‘‘the amount (if any) by which

15 the sum of such benefit (before reduction under this

16 paragraph) and’’ after ‘‘two-thirds of ’’; and

17 (2) by inserting ‘‘exceeds the amount described

18 in subsection (z) for such month,’’ before ‘‘if ’’.

19 (f) AMOUNT DESCRIBED.—Section 202 of such Act

20 (42 U.S.C. 402) is amended by adding at the end the fol21 lowing:

22 ‘‘(z) The amount described in this subsection is, for

23 months in each 12-month period beginning in December

24 of 1997, and each succeeding calendar year, the greater

25 of—
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1 ‘‘(1) $1200; or

2 ‘‘(2) the amount applicable for months in the

3 preceding 12-month period, increased by the cost-of4 living adjustment for such period determined for an

5 annuity under section 8340 of title 5, United States

6 Code (without regard to any other provision of

7 law).’’.

8 (g) LIMITATIONS ON REDUCTIONS IN BENEFITS.—

9 Section 202 of such Act (42 U.S.C. 402), as amended by

10 subsection (f), is amended by adding at the end the follow11 ing:

12 ‘‘(aa) For any month after December 1997, in no

13 event shall an individual receive a reduction in a benefit

14 under subsection (b)(4)(A), (c)(2)(A), (e)(7)(A), (f)(2)(A),

15 or (g)(4)(A) for the month that is more than the reduction

16 in such benefit that would have applied for such month

17 under such subsections as in effect on December 1,

18 1997.’’.

19 SEC. 2. EFFECTIVE DATE.

20 The amendments made by section 1 shall apply with

21 respect to monthly insurance benefits payable under title

22 II of the Social Security Act for months after December

23 1997.

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