SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guaranteed 3% COLA 
for Seniors Act of 2009’’. 
SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CON-
SUMERS. 
(a) IN GENERAL.—The Bureau of Labor Statistics 
of the Department of Labor shall prepare and publish an 
index for each calendar month to be known as the ‘‘Con-
sumer Price Index for Elderly Consumers’’ that indicates 
changes over time in expenditures for consumption which 
are typical for individuals in the United States who are 
62 years of age or older. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to calendar months ending on or after July 
31 of the calendar year following the calendar year in 
which this Act is enacted. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out the provisions of this section. 
SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. 
(a) IN GENERAL.—Section 215(i) of the Social Secu-
rity Act (42 U.S.C. 415(i)) is amended— 
(1) in paragraph (1)(G), by inserting before the 
period the following: ‘‘, and, solely with respect to 
any monthly insurance benefit payable under this 
title to an individual who has attained age 62, effec-
VerDate Nov 24 2008 
00:41 Dec 04, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4193.IH
H4193
tjames on DSKG8SOYB1PROD with BILLS
tive for adjustments under this subsection to the pri-
mary insurance amount on which such benefit is 
based (or to any such benefit under section 227 or 
228) occurring after such individual attains such 
age, the applicable Consumer Price Index shall be 
deemed to be the Consumer Price Index for Elderly 
Consumers and such primary insurance amount 
shall be deemed adjusted under this subsection using 
such Index’’; 
(2) in paragraph (2)(A)(ii), by adding at the 
end the following: ‘‘In the case of individuals re-
ferred to in subdivision (I) or (II) who have attained 
age 62, irrespective of whether the Commissioner 
makes a determination described in the first sen-
tence of this clause with respect to the base quarter 
in any year, effective for adjustments under this 
subsection to the primary insurance amount on 
which such individual’s monthly insurance benefit is 
based occurring after such individual attains such 
age (or to any such benefit under section 227 or 
228), the Commissioner shall, effective with the 
month of December of such year, increase benefit 
amounts and primary insurance amounts of such in-
dividuals under this clause as if such base quarter 
were a cost of living computation quarter and the 
VerDate Nov 24 2008 
00:41 Dec 04, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4193.IH
H4193
tjames on DSKG8SOYB1PROD with BILLS
applicable increase percentage with respect to such 
base quarter were equal to the greater of 3 percent 
or the applicable increase percentage (if any) with 
respect to such base quarter.’’; and 
(3) in paragraph (4), by striking ‘‘and by sec-
tion 9001’’ and inserting ‘‘, by section 9001’’, and 
by inserting after ‘‘1986,’’ the following: ‘‘and by 
section 3 of the Guaranteed 3% COLA for Seniors 
Act of 2009,’’. 
(b) CONFORMING
AMENDMENTS
IN
APPLICABLE 
FORMER LAW.—Section 215(i) of such Act, as in effect 
in December 1978 and applied in certain cases under the 
provisions of such Act in effect after December 1978, is 
amended— 
(1) in paragraph (1)(C), by inserting before the 
period the following: ‘‘, and, solely with respect to 
any monthly insurance benefit payable under this 
title to an individual who has attained age 62, effec-
tive for adjustments under this subsection to the pri-
mary insurance amount on which such benefit is 
based (or to any such benefit under section 227 or 
228) occurring after such individual attains such 
age, the applicable Consumer Price Index shall be 
deemed to be the Consumer Price Index for Elderly 
Consumers and such primary insurance amount 
VerDate Nov 24 2008 
00:41 Dec 04, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4193.IH
H4193
tjames on DSKG8SOYB1PROD with BILLS
shall be deemed adjusted under this subsection using 
such Index’’; and 
(2) by adding at the end of paragraph 
(2)(A)(ii) the following: ‘‘In the case of individuals 
referred to in the first sentence of this clause who 
have attained age 62, irrespective of whether the 
Commissioner makes a determination described in 
the first sentence of this clause with respect to the 
base quarter in any year, effective for adjustments 
under this subsection to the primary insurance 
amount on which such individual’s monthly insur-
ance benefit is based occurring after such individual 
attains such age (or to any such benefit under sec-
tion 227 or 228), the Commissioner shall, effective 
with the month of December of such year, increase 
benefit amounts and primary insurance amounts of 
such individuals under this clause as if such base 
quarter were a cost of living computation quarter 
and the percentage referred to in the first sentence 
of this clause with respect to such base quarter were 
equal to the greater of 3 percent or the percentage 
(if any) otherwise referred to in the first sentence of 
this clause with respect to such base quarter.’’. 
(c) PROTECTION OF BENEFITS SUBJECT TO THE 
FAMILY MAXIMUM.—Section 203(a) of the Social Security 
VerDate Nov 24 2008 
00:41 Dec 04, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4193.IH
H4193
tjames on DSKG8SOYB1PROD with BILLS
Act (42 U.S.C. 403(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(11) In determining whether total monthly benefits 
based on any primary insurance amount exceed the 
amount permitted under this subsection, the Commis-
sioner shall disregard the portion of any benefit otherwise 
payable to any beneficiary under this title which is attrib-
utable to so much of any increases in benefits which would 
not have occurred but for the application of the last sen-
tence of section 215(i)(2)(A)(ii) (or the last sentence of 
section 215(i)(2)(A)(ii) as in effect in December 1978 (as 
amended) and applied in certain cases under the provi-
sions of such Act in effect after December 1978).’’. 
(d) RULE OF CONSTRUCTION.—This section and the 
amendments made thereby shall not be construed as a 
general benefit increase for purposes of section 215(i) of 
the Social Security Act (and section 215(i) of such Act 
as in effect in December 1978 and applied in certain cases 
under the provisions of such Act in effect after December 
1978). 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to determinations made with re-
spect to base quarters ending on or after September 30 
VerDate Nov 24 2008 
00:41 Dec 04, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4193.IH
H4193
tjames on DSKG8SOYB1PROD with BILLS
of the second calendar year following the calendar year 
in which this Act is enacted. 
Æ 
VerDate Nov 24 2008 
00:41 Dec 04, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H4193.IH
H4193
tjames on DSKG8SOYB1PROD with BILLS