II 

110TH CONGRESS 

2D SESSION S. 17 

To amend title II of the Social Security Act to allow workers who attain 

age 65 after 1981 and before 1992 to choose either lump sum payments 

over four years totalling $5,000 or an improved benefit computation 

formula under a new 10-year rule governing the transition to the changes 

in benefit computation rules enacted in the Social Security Amendments 

of 1977, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2008 

Mr. VITTER 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 allow workers 

who attain age 65 after 1981 and before 1992 to choose 

either lump sum payments over four years totalling 

$5,000 or an improved benefit computation formula 

under a new 10-year rule governing the transition to 

the changes in benefit computation rules enacted in the 

Social Security Amendments of 1977, and for other purposes. 

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 Fairness Act 

3 of 2008’’. 

4 SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE 

5 AMOUNT WHERE ELIGIBILITY ARISES DUR6 ING TRANSITIONAL PERIOD. 

7 (a) IN GENERAL.—Section 215(a) of the Social Secu8 rity Act is amended— 

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

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

11 ‘‘would be made’’, and by striking ‘‘1984’’ in clause 

12 (i) and inserting ‘‘1989’’; and 

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

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

15 paragraph (4)(B) (subject to subparagraphs (F) and (G) 

16 of this paragraph), the amount of the individual’s primary 

17 insurance amount as computed or recomputed under para18 graph (1) shall be deemed equal to the sum of— 

19 ‘‘(i) such amount, and 

20 ‘‘(ii) the applicable transitional increase amount 

21 (if any). 

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

23 ‘applicable transitional increase amount’ means, in the 

24 case of any individual, the product derived by multi25 plying— 

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


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

2 year in which the individual becomes eligible for old3 age insurance benefits, as determined by the fol4 lowing table: 

‘‘If the individual becomes The applicable 

eligible for such benefits in: percentage is: 

1979 ................................................................................................... 55

1980 ................................................................................................... 45

1981 ................................................................................................... 35

1982 ................................................................................................... 32

1983 ................................................................................................... 25

1984 ................................................................................................... 20

1985 ................................................................................................... 16

1986 ................................................................................................... 10

1987 ................................................................................................... 3

1988 ................................................................................................... 5. 

5 ‘‘(C) For purposes of subparagraph (B), the term ‘ex6 cess under former law’ means, in the case of any indi7 vidual, the excess of— 

8 ‘‘(i) the applicable former law primary insur9 ance amount, over 

10 ‘‘(ii) the amount which would be such individ11 ual’s primary insurance amount if computed or re12 computed under this section without regard to this 

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

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

15 ‘applicable former law primary insurance amount’ means, 

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

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

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

19 paragraph (4)(B)(i)) under section 215(a) as in ef20 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 Aug 31 2005 05:15 Nov 21, 2008 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

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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 ‘‘(G)(i) This paragraph shall apply in the case of any 

5 individual subject to any timely election to receive lump 

6 sum payments under this subparagraph. 

7 ‘‘(ii) A written election to receive lump sum payments 

8 under this subparagraph, in lieu of the application of this 

9 paragraph to the computation of the primary insurance 

10 amount of an individual described in paragraph (4)(B), 

11 may be filed with the Commissioner of Social Security in 

12 such form and manner as shall be prescribed in regula13 tions of the Commissioner. Any such election may be filed 

14 by such individual or, in the event of such individual’s 

15 death before any such election is filed by such individual, 

16 by any other beneficiary entitled to benefits under section 

17 202 on the basis of such individual’s wages and self-em18 ployment income. Any such election filed after December 

19 31, 2007, shall be null and void and of no effect. 

20 ‘‘(iii) Upon receipt by the Commissioner of a timely 

21 election filed by the individual described in paragraph 

22 (4)(B) in accordance with clause (ii)— 

23 ‘‘(I) the Commissioner shall certify receipt of 

24 such election to the Secretary of the Treasury, and 

25 the Secretary of the Treasury, after receipt of such 


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1 certification, shall pay such individual, from 

2 amounts in the Federal Old-Age and Survivors In3 surance Trust Fund, a total amount equal to 

4 $5,000, in 4 annual lump sum installments of 

5 $1,250, the first of which shall be made during fis6 cal year 2008 not later than July 1, 2008, and 

7 ‘‘(II) subparagraph (A) shall not apply in deter8 mining such individual’s primary insurance amount. 

9 ‘‘(iv) Upon receipt by the Commissioner as of Decem10 ber 31, 2007, of a timely election filed in accordance with 

11 clause (ii) by at least one beneficiary entitled to benefits 

12 on the basis of the wages and self-employment income of 

13 a deceased individual described in paragraph (4)(B), if 

14 such deceased individual has filed no timely election in ac15 cordance with clause (ii)— 

16 ‘‘(I) the Commissioner shall certify receipt of all 

17 such elections received as of such date to the Sec18 retary of the Treasury, and the Secretary of the 

19 Treasury, after receipt of such certification, shall 

20 pay each beneficiary filing such a timely election, 

21 from amounts in the Federal Old-Age and Survivors 

22 Insurance Trust Fund, a total amount equal to 

23 $5,000 (or, in the case of two or more such bene24 ficiaries, such amount distributed evenly among such 

25 beneficiaries), in four equal annual lump sum installVerDate Aug 31 2005 05:15 Nov 21, 2008 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

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1 ments, the first of which shall be made during fiscal 

2 year 2008 not later than July 1, 2008, and 

3 ‘‘(II) solely for purposes of determining the 

4 amount of such beneficiary’s benefits, subparagraph 

5 (A) shall be deemed not to apply in determining the 

6 deceased individual’s primary insurance amount.’’. 

7 (b) EFFECTIVE DATE AND RELATED RULES.— 

8 (1) APPLICABILITY OF AMENDMENTS.— 

9 (A) IN GENERAL.—Except as provided in 

10 paragraph (2), the amendments made by this 

11 Act shall be effective as though they had been 

12 included or reflected in section 201 of the So13 cial Security Amendments of 1977. 

14 (B) APPLICABILITY.—No monthly benefit 

15 or primary insurance amount under title II of 

16 the Social Security Act shall be increased by 

17 reason of such amendments for any month be18 fore July 2008. 

19 (2) RECOMPUTATION TO REFLECT BENEFIT IN20 CREASES.—In any case in which an individual is en21 titled to monthly insurance benefits under title II of 

22 the Social Security Act for June 2008, if such bene23 fits are based on a primary insurance amount com24 puted— 


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1 (A) under section 215 of such Act as in ef2 fect (by reason of the Social Security Amend3 ments of 1977) after December 1978, or 

4 (B) under section 215 of such Act as in ef5 fect prior to January 1979 by reason of sub6 section (a)(4)(B) of such section (as amended 

7 by the Social Security Amendments of 1977), 

8 the Commissioner of Social Security (notwith9 standing section 215(f)(1) of the Social Security 

10 Act) shall recompute such primary insurance 

11 amount so as to take into account the amendments 

12 made by this Act. 

Æ 


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