I 

116TH CONGRESS 

1ST SESSION H. R. 4121 

To amend title II of the Social Security Act to enhance Social Security 

benefits and maintain the commitment and the long-term solvency of 

the Social Security program. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2019 

Mr. LAWSON of Florida (for himself, Ms. NORTON, Ms. TLAIB, and Ms. WILSON of Florida) introduced the following bill; which was referred to the 

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

Education and Labor, Transportation and Infrastructure, and Energy 

and Commerce, 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 amend title II of the Social Security Act to enhance 

Social Security benefits and maintain the commitment 

and the long-term solvency of the Social Security program. 

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 ‘‘Social Security for Fu5 ture Generations Act of 2019’’. 


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1 SEC. 2. PAYROLL TAX ON WAGES AND SELF-EMPLOYMENT 

2 INCOME UP TO CONTRIBUTION AND BENEFIT 

3 BASE AND MORE THAN $250,000. 

4 (a) DETERMINATION OF WAGES ABOVE CONTRIBU5 TION AND BENEFIT BASE AFTER 2019.— 

6 (1) AMENDMENTS TO THE INTERNAL REVENUE

7 CODE.— 

8 (A) IN GENERAL.—Paragraph (1) of sec9 tion 3121(a) of the Internal Revenue Code of 

10 1986 is amended by inserting after ‘‘such cal11 endar year.’’ the following: ‘‘The preceding sen12 tence shall apply only to calendar years for 

13 which the contribution and benefit base (as so 

14 determined) is less than $250,000, and, for 

15 such calendar years, only to the extent remu16 neration paid to such employee by such em17 ployer with respect to employment does not ex18 ceed $250,000.’’. 

19 (B) CONFORMING AMENDMENT.—Para20 graph (1) of section 3121(a) of the Internal 

21 Revenue Code of 1986 is amended by striking 

22 ‘‘Act) to’’ and inserting ‘‘Act), or in excess of 

23 $250,000, to’’. 

24 (2) AMENDMENT TO THE SOCIAL SECURITY

25 ACT.—Section 209(a)(1)(I) of the Social Security 

26 Act (42 U.S.C. 409(a)(1)(I)) is amended by insertVerDate Sep 11 2014 03:37 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4121.IH H4121

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1 ing before the semicolon at the end the following: 

2 ‘‘except that this subparagraph shall apply only to 

3 calendar years for which the contribution and ben4 efit base (as so determined) is less than $250,000, 

5 and, for such calendar years, only to the extent re6 muneration paid to such employee by such employer 

7 with respect to employment does not exceed 

8 $250,000’’. 

9 (3) EFFECTIVE DATE.—The amendments made 

10 by this subsection shall apply with respect to remu11 neration paid in calendar years after 2019. 

12 (b) DETERMINATION OF SELF-EMPLOYMENT IN13 COME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER

14 2019.— 

15 (1) AMENDMENTS TO THE INTERNAL REVENUE

16 CODE.— 

17 (A) IN GENERAL.—Paragraph (1) of sec18 tion 1402(b) of the Internal Revenue Code of 

19 1986 is amended to read as follows: 

20 ‘‘(1) in the case of the tax imposed by section 

21 1401(a), an amount equal to— 

22 ‘‘(A) $250,000, reduced (but not below 

23 zero) by 

24 ‘‘(B) the sum of— 


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1 ‘‘(i) the part of the net earnings from 

2 self-employment (if any) which is not in 

3 excess of— 

4 ‘‘(I) the amount equal to the con5 tribution and benefit base (as deter6 mined under section 230 of the Social 

7 Security Act) which is effective for the 

8 calendar year in which such taxable 

9 year begins, minus 

10 ‘‘(II) the amount of the wages 

11 paid to such individual during such 

12 taxable year, plus 

13 ‘‘(ii) the amount of the wages paid to 

14 such individual during such taxable year 

15 which is in excess of the amount in clause 

16 (i)(I); or’’. 

17 (B) PHASEOUT.—Subsection (b) of section 

18 1402 of the Internal Revenue Code of 1986 is 

19 amended by adding at the end the following: 

20 ‘‘Paragraph (1) shall apply only to taxable 

21 years beginning in calendar years for which the 

22 contribution and benefit base (as determined 

23 under section 230 of the Social Security Act) is 

24 less than $250,000.’’. 


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1 (2) AMENDMENTS TO THE SOCIAL SECURITY

2 ACT.— 

3 (A) IN GENERAL.—Section 211(b)(1) of 

4 the Social Security Act (42 U.S.C. 411(b)) is 

5 amended— 

6 (i) in subparagraph (I)— 

7 (I) by inserting ‘‘and before 

8 2019’’ after ‘‘1974’’; and 

9 (II) by striking ‘‘or’’ at the end; 

10 and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(J) For any taxable year beginning in any 

14 calendar year after 2019, an amount equal to— 

15 ‘‘(i) $250,000, reduced (but not below 

16 zero) by 

17 ‘‘(ii) the sum of— 

18 ‘‘(I) the part of the net earnings 

19 from self-employment (if any) which is 

20 not in excess of— 

21 ‘‘(aa) the amount equal to 

22 the contribution and benefit base 

23 (as determined under section 

24 230) which is effective for the 


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1 calendar year in which such tax2 able year begins, minus 

3 ‘‘(bb) the amount of the 

4 wages paid to such individual 

5 during such taxable year, plus 

6 ‘‘(II) the amount of the wages 

7 paid to such individual during such 

8 taxable year which is in excess of the 

9 amount in subclause (I)(aa); or’’. 

10 (B) PHASEOUT.—Section 211(b) of the 

11 Social Security Act (42 U.S.C. 411(b)) is 

12 amended by adding at the end the following: 

13 ‘‘Paragraph (1) shall apply only to taxable 

14 years beginning in calendar years for which the 

15 contribution and benefit base (as determined 

16 under section 230) is less than $250,000.’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply to net earnings from 

19 self-employment derived, and remuneration paid, in 

20 calendar years after 2019. 

21 SEC. 3. INCLUSION OF EARNINGS OVER $250,000 IN SOCIAL 

22 SECURITY BENEFIT FORMULA. 

23 (a) INCLUSION OF EARNINGS OVER $250,000 IN DE24 TERMINATION OF PRIMARY INSURANCE AMOUNTS.—SecVerDate Sep 11 2014 03:37 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4121.IH H4121

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1 tion 215(a)(1)(A) of the Social Security Act (42 U.S.C. 

2 415(a)(1)(A)) is amended— 

3 (1) in clause (ii), by striking ‘‘and’’ at the end; 

4 (2) in clause (iii), by inserting ‘‘and’’ at the 

5 end; and 

6 (3) by inserting after clause (iii) the following: 

7 ‘‘(iv) 2 percent of the individual’s excess aver8 age indexed monthly earnings (as defined in sub9 section (b)(5)(A)).’’. 

10 (b) DEFINITION OF EXCESS AVERAGE INDEXED

11 MONTHLY EARNINGS.—Section 215(b) of the Social Secu12 rity Act (42 U.S.C. 415(b)) is amended— 

13 (1) by striking ‘‘wages’’ and ‘‘self-employment 

14 income’’ each place such terms appear and inserting 

15 ‘‘basic wages’’ and ‘‘basic self-employment income’’, 

16 respectively; and 

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

18 ‘‘(5)(A) An individual’s excess average indexed 

19 monthly earnings shall be equal to the amount of the indi20 vidual’s average indexed monthly earnings that would be 

21 determined under this subsection by substituting ‘excess 

22 wages’ for ‘basic wages’ and ‘excess self-employment in23 come’ for ‘basic self-employment income’ each place such 

24 terms appear in this subsection (except in this paragraph). 

25 ‘‘(B) For purposes of this subsection— 


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1 ‘‘(i) the term ‘basic wages’ means that portion 

2 of the wages of an individual paid in a year that 

3 does not exceed the contribution and benefit base for 

4 the year; 

5 ‘‘(ii) the term ‘basic self-employment income’ 

6 means that portion of the self-employment income of 

7 an individual credited to a year that does not exceed 

8 an amount equal to the contribution and benefit 

9 base for the year minus the amount of the wages 

10 paid to the individual in the year; 

11 ‘‘(iii) the term ‘excess wages’ means that por12 tion of the wages of an individual paid in a year 

13 after 2019 in excess of the higher of $250,000 or 

14 the contribution and benefit base for the year; and 

15 ‘‘(iv) the term ‘excess self-employment income’ 

16 means that portion of the self-employment income of 

17 an individual credited to a year after 2019 in excess 

18 of the higher of $250,000 or such contribution and 

19 benefit base.’’. 

20 (c) CONFORMING AMENDMENT.—Section 215(e)(1) 

21 of the Social Security Act (42 U.S.C. 415(e)(1)) is amend22 ed by inserting ‘‘and before 2019’’ after ‘‘after 1974’’. 

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

24 this section shall apply with respect to individuals who ini25 tially become eligible (within the meaning of section 


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1 215(a)(3)(B) of the Social Security Act) for old-age or dis2 ability insurance benefits under title II of the Social Secu3 rity Act, or who die (before becoming eligible for such ben4 efits), in any calendar year after 2019. 

5 SEC. 4. COMPUTATION OF COST-OF-LIVING INCREASES. 

6 (a) IN GENERAL.—Section 215(i)(1) of the Social Se7 curity Act (42 U.S.C. 415(i)(1)) is amended by adding 

8 at the end the following new subparagraph: 

9 ‘‘(H) the term ‘Consumer Price Index’ means 

10 the Consumer Price Index for Elderly Consumers 

11 (CPI–E, as published by the Bureau of Labor Sta12 tistics of the Department of Labor).’’. 

13 (b) APPLICATION TO PRE-1979 LAW.— 

14 (1) IN GENERAL.—Section 215(i)(1) of the So15 cial Security Act as in effect in December 1978, and 

16 as applied in certain cases under the provisions of 

17 such Act as in effect after December 1978, is 

18 amended by adding at the end the following new 

19 subparagraph: 

20 ‘‘(D) the term ‘Consumer Price Index’ means 

21 the Consumer Price Index for Elderly Consumers 

22 (CPI–E, as published by the Bureau of Labor Sta23 tistics of the Department of Labor).’’. 

24 (2) CONFORMING CHANGE.—Section 215(i)(4) 

25 of the Social Security Act (42 U.S.C. 415(i)(4)) is 


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1 amended by inserting ‘‘and by section 4 of the Social 

2 Security for Future Generations Act of 2019’’ after 

3 ‘‘1986’’. 

4 (c) NO EFFECT ON ADJUSTMENTS UNDER OTHER

5 LAWS.—Section 215(i) of the Social Security Act (42 

6 U.S.C. 415(i)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(6) Any provision of law (other than in this title, 

9 title VIII, or title XVI) which provides for adjustment of 

10 an amount based on a change in benefit amounts resulting 

11 from a determination made under this subsection shall be 

12 applied and administered without regard to the amend13 ments made by section 4 of the Social Security for Future 

14 Generations Act of 2019.’’. 

15 (d) PUBLICATION OF CONSUMER PRICE INDEX FOR

16 ELDERLY CONSUMERS.—The Bureau of Labor Statistics 

17 of the Department of Labor shall prepare and publish the 

18 index authorized by section 191 of the Older Americans 

19 Amendments Act of 1987 (29 U.S.C. 2 note) for each cal20 endar month, beginning with July of the calendar year fol21 lowing the calendar year in which this Act is enacted, and 

22 such index shall be known as the ‘‘Consumer Price Index 

23 for Elderly Consumers’’. 

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

25 subsection (a) shall apply to determinations made with reVerDate Sep 11 2014 03:37 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4121.IH H4121

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1 spect to cost-of-living computation quarters (as defined in 

2 section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 

3 415(i)(1)(B))) ending on or after September 30 of the sec4 ond calendar year following the calendar year in which this 

5 Act is enacted. 

6 SEC. 5. EXTENDED BENEFIT ELIGIBILITY FOR CHILDREN 

7 WHO ARE FULL-TIME STUDENTS. 

8 (a) IN GENERAL.—Section 202(d) of the Social Secu9 rity Act (42 U.S.C. 402(d)) is amended— 

10 (1) in paragraphs (1)(B), (1)(E), (1)(F)(i), 

11 (1)(G)(ii), (6)(A), (6)(D), (6)(E)(i), (7)(A), (7)(B), 

12 and (7)(D), by striking ‘‘full-time elementary or sec13 ondary school student’’ each place it appears and in14 serting ‘‘full-time student’’; 

15 (2) in paragraphs (1)(B), (1)(F)(ii), (1)(G)(iii), 

16 (6)(A), (6)(D), (6)(E)(ii), and (7)(D), by striking 

17 ‘‘19’’ each place it appears and inserting ‘‘23’’; 

18 (3) in subparagraphs (A), (B), and (D) of para19 graph (7), by striking ‘‘elementary or secondary 

20 school’’ each place it appears and inserting ‘‘edu21 cational institution’’; 

22 (4) in paragraph (7)(A), by striking ‘‘schools 

23 involved’’ and inserting ‘‘institutions involved’’; 

24 (5) in paragraph (7), by amending subpara25 graph (C) to read as follows: 


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1 ‘‘(C) For purposes of this subsection, the 

2 term ‘educational institution’ means— 

3 ‘‘(i) a school which provides elemen4 tary or secondary education as determined 

5 under the law of the State or other juris6 diction in which it is located; and 

7 ‘‘(ii) an institution described in sec8 tion 102 of the Higher Education Act of 

9 1965 (20 U.S.C. 1002).’’; and 

10 (6) in paragraph (7)(D), by striking ‘‘diploma 

11 or equivalent certificate from a secondary school (as 

12 defined in subparagraph (C)(i))’’ and inserting ‘‘di13 ploma, degree, or equivalent certificate from an in14 stitution described in subparagraph (C)(ii)’’. 

15 (b) RAILROAD RETIREMENT ACT.— 

16 (1) IN GENERAL.—Section 2(d) of the Railroad 

17 Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is 

18 amended— 

19 (A) in clause (iii) of paragraph (1), by 

20 striking ‘‘will be less than nineteen years of age 

21 and a full-time elementary or secondary school 

22 student’’ and inserting ‘‘will be less than 23 

23 years of age and a full-time student at an edu24 cational institution (as defined in section 

25 202(d)(7) of the Social Security Act)’’; and 


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1 (B) in paragraph (4)— 

2 (i) by striking ‘‘elementary or sec3 ondary school’’ each place it appears and 

4 inserting ‘‘educational institution’’; 

5 (ii) by striking ‘‘nineteen’’ and insert6 ing ‘‘23’’; and 

7 (iii) by striking ‘‘a diploma or equiva8 lent certificate from a secondary school (as 

9 defined in section 202(d)(7)(c)(i) of the 

10 Social Security Act)’’ and inserting ‘‘a di11 ploma, degree, or equivalent certificate 

12 from an institution described in section 

13 202(d)(7)(C)(ii) of the Social Security 

14 Act’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 5(c)(7) of the Railroad Retirement Act of 1974 (45 

17 U.S.C. 235(c)(7)) is amended— 

18 (A) by striking ‘‘elementary or secondary 

19 school’’ and inserting ‘‘educational institution’’; 

20 and 

21 (B) by striking ‘‘19’’ and inserting ‘‘23’’. 

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

23 this section shall apply to child’s insurance benefits that 

24 are payable for months beginning after December 31, 

25 2019. 


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1 SEC. 6. INCREASE IN MINIMUM BENEFIT FOR LIFETIME 

2 LOW EARNERS BASED ON YEARS IN THE 

3 WORKFORCE. 

4 (a) IN GENERAL.—Section 215(a)(1) of the Social 

5 Security Act (42 U.S.C. 415(a)(1)) is amended— 

6 (1) by redesignating subparagraph (D) as sub7 paragraph (E); and 

8 (2) by inserting after subparagraph (C) the fol9 lowing new subparagraph: 

10 ‘‘(D)(i) Effective with respect to the benefits of indi11 viduals who become eligible for old-age insurance benefits 

12 or disability insurance benefits (or die before becoming so 

13 eligible) after 2019, no primary insurance amount com14 puted under subparagraph (A) may be less than the great15 er of— 

16 ‘‘(I) the minimum monthly amount computed 

17 under subparagraph (C); or 

18 ‘‘(II) in the case of an individual who has more 

19 than 10 years of work (as defined in clause (iv)(I)), 

20 the alternative minimum amount determined under 

21 clause (ii). 

22 ‘‘(ii)(I) The alternative minimum amount determined 

under this clause is the applicable percentage of 1 23 ⁄12 of 

24 the annual dollar amount determined under clause (iii) for 

25 the year in which the amount is determined. 


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1 ‘‘(II) For purposes of subclause (I), the applicable 

2 percentage is the percentage specified in connection with 

3 the number of years of work, as set forth in the following 

4 table: 

‘‘If the number of years The applicable 

of work is: percentage is: 

11 ...................................................................................... 6.25 percent

12 ...................................................................................... 12.50 percent

13 ...................................................................................... 18.75 percent

14 ...................................................................................... 25.00 percent

15 ...................................................................................... 31.25 percent

16 ...................................................................................... 37.50 percent

17 ...................................................................................... 43.75 percent

18 ...................................................................................... 50.00 percent

19 ...................................................................................... 56.25 percent

20 ...................................................................................... 62.50 percent

21 ...................................................................................... 68.75 percent

22 ...................................................................................... 75.00 percent

23 ...................................................................................... 81.25 percent

24 ...................................................................................... 87.50 percent

25 ...................................................................................... 93.75 percent

26 ...................................................................................... 100.00 percent

27 ...................................................................................... 106.25 percent

28 ...................................................................................... 112.50 percent

29 ...................................................................................... 118.75 percent

30 or more ........................................................................ 125.00 percent. 

5 ‘‘(iii) The annual dollar amount determined under 

6 this clause is— 

7 ‘‘(I) for calendar year 2020, the poverty guide8 line for 2019; and 

9 ‘‘(II) for any calendar year after 2020, the an10 nual dollar amount for 2019 multiplied by the ratio 

11 of— 

12 ‘‘(aa) the national average wage index (as 

13 defined in section 209(k)(1)) for the second cal14 endar year preceding the calendar year for 

15 which the determination is made, to 


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1 ‘‘(bb) the national average wage index (as 

2 so defined) for 2018. 

3 ‘‘(iv) For purposes of this subparagraph— 

4 ‘‘(I) the term ‘year of work’ means, with re5 spect to an individual, a year to which 4 quarters of 

6 coverage have been credited based on such individ7 ual’s wages and self-employment income; and 

8 ‘‘(II) the term ‘poverty guideline for 2019’ 

9 means the annual poverty guideline for 2019 (as up10 dated annually in the Federal Register by the De11 partment of Health and Human Services under the 

12 authority of section 673(2) of the Omnibus Budget 

13 Reconciliation Act of 1981) as applicable to a single 

14 individual.’’. 

15 (b) RECOMPUTATION.—Notwithstanding section 

16 215(f)(1) of the Social Security Act, the Commissioner of 

17 Social Security shall recompute primary insurance 

18 amounts originally computed for months prior to Novem19 ber 2019 to the extent necessary to carry out the amend20 ments made by this section. 

21 (c) CONFORMING AMENDMENT.—Section 209(k)(1) 

22 of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 

23 ‘‘215(a)(1)(E),’’ after ‘‘215(a)(1)(D),’’. 


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1 SEC. 7. ALTERNATE BENEFIT AMOUNT FOR WIDOW’S AND 

2 WIDOWER’S INSURANCE BENEFITS. 

3 (a) WIDOWS.—Section 202(e) of the Social Security 

4 Act (42 U.S.C. 402(e)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (B), by inserting 

7 ‘‘and’’ at the end; 

8 (B) in subparagraph (C)(iii), by striking 

9 ‘‘and’’ at the end; 

10 (C) by striking subparagraph (D); 

11 (D) by redesignating subparagraphs (E) 

12 and (F) as subparagraphs (D) and (E), respec13 tively; and 

14 (E) in the flush matter following subpara15 graph (E)(ii), as so redesignated, by striking 

16 ‘‘becomes entitled to an old-age insurance ben17 efit’’ and all that follows through ‘‘such de18 ceased individual,’’; 

19 (2) by striking subparagraph (A) in paragraph 

20 (2) and inserting the following: 

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

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

23 paragraph, such widow’s insurance benefit for each 

24 month shall be equal to the greater of— 

25 ‘‘(i) the primary insurance amount (as de26 termined for purposes of this subsection after 


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1 application of subparagraphs (B) and (C)) of 

2 such deceased individual; or 

3 ‘‘(ii) subject to paragraph (9), in the case 

4 of a fully insured widow or surviving divorced 

5 wife, 75 percent of the sum of any old-age or 

6 disability insurance benefit for which the widow 

7 or the surviving divorced wife is entitled for 

8 such month and the primary insurance amount 

9 (as determined for purposes of this subsection 

10 after application of subparagraphs (B) and (C)) 

11 of such deceased individual.’’; 

12 (3) in paragraph (5)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘paragraph (1)(F)’’ and inserting ‘‘paragraph 

15 (1)(E)’’; and 

16 (B) in subparagraph (B), by striking 

17 ‘‘paragraph (1)(F)(i)’’ and inserting ‘‘para18 graph (1)(E)(i)’’; and 

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

20 paragraph: 

21 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 

22 amount determined under such paragraph shall not 

23 exceed the primary insurance amount for such 

24 month of a hypothetical individual— 


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1 ‘‘(A) who became entitled to old-age insur2 ance benefits upon attaining early retirement 

3 age during the month in which the deceased in4 dividual referred to in paragraph (1) became 

5 entitled to old-age or disability insurance bene6 fits, or died (before becoming entitled to such 

7 benefits); and 

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

9 income were credited in each of such hypo10 thetical individual’s elapsed years (within the 

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

12 amount equal to the national average wage 

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

14 each such year.’’. 

15 (b) WIDOWERS.—Section 202(f) of the Social Secu16 rity Act (42 U.S.C. 402(f)) is amended— 

17 (1) in paragraph (1)— 

18 (A) in subparagraph (B), by inserting 

19 ‘‘and’’ at the end; 

20 (B) in subparagraph (C)(iii), by striking 

21 ‘‘and’’ at the end; 

22 (C) by striking subparagraph (D); 

23 (D) by redesignating subparagraphs (E) 

24 and (F) as subparagraphs (D) and (E), respec25 tively; and 


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1 (E) in the flush matter following subpara2 graph (E)(ii), as so redesignated, by striking 

3 ‘‘becomes entitled to an old-age insurance ben4 efit’’ and all that follows through ‘‘such de5 ceased individual,’’; 

6 (2) by striking subparagraph (A) in paragraph 

7 (2) and inserting the following: 

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

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

10 paragraph, such widower’s insurance benefit for 

11 each month shall be equal to the greater of— 

12 ‘‘(i) the primary insurance amount (as de13 termined for purposes of this subsection after 

14 application of subparagraphs (B) and (C)) of 

15 such deceased individual; or 

16 ‘‘(ii) subject to paragraph (9), in the case 

17 of a fully insured widower or surviving divorced 

18 husband, 75 percent of the sum of any old-age 

19 or disability insurance benefit for which the 

20 widower or the surviving divorced husband is 

21 entitled for such month and the primary insur22 ance amount (as determined for purposes of 

23 this subsection after application of subpara24 graphs (B) and (C)) of such deceased indi25 vidual.’’; 


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1 (3) in paragraph (5)— 

2 (A) in subparagraph (A), by striking 

3 ‘‘paragraph (1)(F)’’ and inserting ‘‘paragraph 

4 (1)(E)’’; and 

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

6 ‘‘paragraph (1)(F)(i)’’ and inserting ‘‘para7 graph (1)(E)(i)’’; and 

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

9 paragraphs: 

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

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

12 husband, the amount determined under either such 

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

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

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

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

17 amount (as determined before application of this 

18 paragraph but after application of subsection 

19 (k)(3)). 

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

21 amount determined under such paragraph shall not 

22 exceed the primary insurance amount for such 

23 month of a hypothetical individual— 

24 ‘‘(A) who became entitled to old-age insur25 ance benefits upon attaining early retirement 


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1 age during the month in which the deceased in2 dividual referred to in paragraph (1) became 

3 entitled to old-age or disability insurance bene4 fits, or died (before becoming entitled to such 

5 benefits); and 

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

7 income were credited in each of such hypo8 thetical individual’s elapsed years (within the 

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

10 amount equal to the national average wage 

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

12 each such year.’’. 

13 (c) REDUCTION OF BENEFIT FOR INDIVIDUALS EN14 TITLED TO SIMULTANEOUS BENEFITS.—Section 

15 202(k)(3) of the Social Security Act (42 U.S.C. 

16 402(k)(3)) is amended— 

17 (1) in subparagraph (A), by striking ‘‘If an in18 dividual’’ and inserting ‘‘Except as provided in sub19 paragraph (C), if an individual’’; and 

20 (2) by adding at the end the following new sub21 paragraph: 

22 ‘‘(C) If an individual is entitled for any month to a 

23 widow’s or widower’s insurance benefit and is also entitled 

24 to an old-age or disability insurance benefit for such 

25 month that is greater than such widow’s or widower’s inVerDate Sep 11 2014 03:37 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4121.IH H4121

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1 surance benefit, the reduction described in subparagraph 

2 (A), with respect to such widow’s or widower’s insurance 

3 benefit, shall be carried out by substituting an amount 

4 equal to the primary insurance amount of the deceased 

5 individual referred to in subsection (e)(1) or (f)(1) (as de6 termined for purposes of subsection (e)(2)(A)(i) or 

7 (f)(2)(A)(i)) for the amount equal to the old-age or dis8 ability insurance benefit of the individual entitled to the 

9 widow’s or widower’s insurance benefit.’’. 

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

11 this section shall apply with respect to widow’s insurance 

12 benefits and widower’s insurance benefits that are payable 

13 for months beginning after December 31, 2019. 

14 SEC. 8. HOLDING SSI, MEDICAID, AND CHIP BENEFICIARIES 

15 HARMLESS. 

16 For purposes of determining the income of an indi17 vidual to establish eligibility for, and the amount of, bene18 fits payable under title XVI of the Social Security Act, 

19 eligibility for medical assistance under the State plan 

20 under title XIX (or a waiver of such plan), or eligibility 

21 for child health assistance under the State child health 

22 plan under title XXI (or a waiver of the plan), the amount 

23 of any benefit to which the individual is entitled under 

24 title II of such Act shall be deemed not to exceed the 

25 amount of the benefit that would be determined for such 


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1 individual under such title as in effect on the day before 

2 the date of the enactment of this Act. 

Æ 


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