I 

108TH CONGRESS 

2D SESSION H. R. 4234

To amend title II of the Social Security Act to restrict the application 

of the windfall elimination provision to individuals whose combined 

monthly income from benefits under such title and other monthly periodic 

payments exceeds $2,500 and to provide for a graduated implementation 

of such provision on amounts above such $2,500 amount. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2004

Mr. FRANK of Massachusetts (for himself and Mr. MATSUI) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL

To amend title II of the Social Security Act to restrict 

the application of the windfall elimination provision to 

individuals whose combined monthly income from benefits under such title and other monthly periodic payments 

exceeds $2,500 and to provide for a graduated implementation of such provision on amounts above such $2,500 

amount.

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. WINDFALL ELIMINATION PROVISION RE2 STRICTED TO TOTAL MONTHLY AMOUNTS IN 

3 EXCESS OF $2,500. 

4 Section 215(a)(7) of the Social Security Act (42 

5 U.S.C. 415(a)(7)) is amended—

6 (1) in subparagraph (A), by inserting after 

7 ‘‘service’),’’ the following: ‘‘if the sum of the individ8 ual’s primary insurance amount under paragraph 

9 (1) of this subsection and the portion of the monthly 

10 periodic payment which is attributable to noncovered 

11 service performed after 1956 (with such attribution 

12 being based on the proportionate number of years of 

13 such noncovered service) is greater than $2,500, 

14 then’’; 

15 (2) in the second sentence of subparagraph 

16 (B)(i), by striking ‘‘(with such attribution being 

17 based on the proportionate number of years of such 

18 noncovered service)’’ and inserting ‘‘(as determined 

19 under subparagraph (A))’’; 

20 (3) in the last sentence of subparagraph (B)(i), 

21 by striking ‘‘the larger of’’ and all that follows 

22 through ‘‘subsection (i))’’ and inserting the fol23 lowing: ‘‘the primary insurance amount determined 

24 under paragraph (1), reduced (before the application 

25 of subsection (i)) by the applicable percentage deter26 mined under clause (iii) of the excess of such 
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1 amount over the larger of the two amounts com2 puted under the preceding two sentences,’’; and 

3 (4) by adding at the end of subparagraph (B) 

4 the following new clause: 

5 ‘‘(iii) For purposes of clause (i), the applicable per6 centage in connection with any individual is the product 

7 (not greater than 100 percent) derived by multiplying 2.5 

8 percentage points by the quotient determined under this 

9 clause. The quotient determined under this clause is the 

10 quotient derived by dividing—

11 ‘‘(I) the excess of the sum referred to in sub12 paragraph (A) over $2,500, by 

13 ‘‘(II) $20.85, 

14 rounded to the next higher multiple of 1 where such 

15 amount is a multiple of 0.5 and to the nearest multiple 

16 of 1 in any other case.’’. 

17 SEC. 2. EFFECTIVE DATE. 

18 The amendments made by section 1 shall apply with 

19 respect to benefits for months after the date of the enact20 ment of this Act. Notwithstanding section 215(f)(1) of the 

21 Social Security Act, the Commissioner of Social Security 

22 shall recompute primary insurance amounts to the extent 

23 necessary to carry out the amendments made by section 

24 1.

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