‘‘(I) the number of months, ending after the 
date on which such individual has attained age 22 
and preceding the earlier of such individual’s first 
month of entitlement to old-age insurance benefits 
under section 202(a) or the month of such individ-
ual’s death, which occurred during a period of dis-
ability of such individual, to 
‘‘(II) 480. 
‘‘(ii) In the case of an individual who has attained 
age 22 as of the date of the enactment of the Bipartisan 
Retirement Security Act of 2005, the adjustment factor 
determined under this subparagraph for such individual 
is the product derived by multiplying the ratio determined 
under clause (i) by the ratio (not greater than 1) of—
‘‘(I) the number of calendar years for which 
contributions have been made to such individual’s in-
dividual security account pursuant to section 
251(b)(1), to 
‘‘(II) 40.’’. 
SEC. 12. MAINTENANCE OF BENEFIT AND CONTRIBUTION 
BASE. 
(a) IN GENERAL.—So much of section 230 of the So-
cial Security Act (42 U.S.C. 430) as precedes subsection 
(d) is amended to read as follows:
‘‘MAINTENANCE OF BENEFIT AND CONTRIBUTION BASE 
‘‘SEC. 230. (a) Not later than November 1 of each 
calendar year (beginning with or after 2005), the Commis-
sioner shall determine and publish in the Federal Register 
the contribution and benefit base determined under sub-
sections (b) and (c) which shall be effective with respect 
to remuneration paid after such calendar year and taxable 
years beginning after such year. 
‘‘(b) For purposes of this section, and for purposes 
of determining wages and self-employment income under 
sections 209, 211, 213, and 215 of this Act and sections 
54, 1402, 3121, 3122, 3125, 6413, and 6654 of the Inter-
nal Revenue Code of 1986—
‘‘(1) the ‘contribution and benefit base’ with re-
spect to remuneration paid (and taxable years begin-
ning)—
‘‘(A) in 2006 shall be $97,500, 
‘‘(B) in 2007 shall be $106,800, 
‘‘(C) in 2008 shall be $117,000, 
‘‘(D) in 2009 shall be $129,000, and 
‘‘(E) in 2010 shall be $142,500; and 
‘‘(2) the ‘contribution and benefit base’ with re-
spect to remuneration paid (and taxable years begin-
ning) in any calendar year after 2010 shall be equal 
to the dollar amount equal to the lowest amount
which, if applied under this title as the benefit and 
contribution base for the preceding year, would have 
caused the total untaxed covered remuneration for 
such year to constitute no more than 13 percent of 
the total amount of wages paid, and self-employment 
income derived, in such year by all individuals. 
Each contribution and benefit base determined under 
paragraph (2) shall (if not a multiple of $25) be rounded 
to the nearest multiple of $25. 
‘‘(c) For purposes of this section, the term ‘total 
untaxed covered remuneration’ for a calendar year means 
the total amount of wages paid to, and self-employment 
income derived by, all individuals in such calendar year, 
which was, with respect to each individual paid such wages 
and deriving such self-employment income, in excess of the 
contribution and benefit base for that calendar year.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to remuneration paid in (and tax-
able years beginning in) any calendar year after 2005. 
SEC. 13. ACCELERATION OF INCREASE IN SOCIAL SECU-
RITY ELIGIBILITY AGE. 
Section 216(l) of the Social Security Act (42 U.S.C. 
416(l) is amended—
(1) in paragraph (1), by striking subparagraphs 
(A), (B), (C), (D), and (E) and inserting the fol-
lowing: 
‘‘(A) with respect to an individual who attains 
early retirement age (as defined in paragraph (2)) 
before January 1, 2000, 65 years of age; and 
‘‘(B) with respect to an individual who attains 
early retirement age after December 31, 1999, and 
before January 1, 2012, 65 years of age plus 2⁄12 of 
the number of months in the period beginning with 
January 2000 and ending with December of the 
year in which the individual attains early retirement 
age; and 
‘‘(C) with respect to an individual who attains 
early retirement age after December 31, 2011, 67 
years of age.’’; and 
(2) by striking paragraph (3). 
SEC. 14. MECHANISM FOR REMEDYING UNFORESEEN DETE-
RIORATION IN SOCIAL SECURITY SOLVENCY. 
(a) IN GENERAL.—Section 709 of the Social Security 
Act (42 U.S.C. 910) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by striking ‘‘SEC. 709. (a) If the Board of 
Trustees’’ and all that follows through ‘‘any such 
Trust Fund’’ and inserting the following: 
‘‘SEC. 709. (a)(1)(A) If the Board of Trustees of the 
Federal Old-Age and Survivors Insurance Trust Fund and 
the Federal Disability Insurance Trust Fund determines 
at any time, using intermediate actuarial assumptions, 
that the balance ratio of either such Trust Fund for any 
calendar year during the succeeding period of 75 calendar 
years will be zero, the Board shall promptly submit to each 
House of the Congress and to the President a report set-
ting forth its recommendations for statutory adjustments 
affecting the receipts and disbursements of such Trust 
Fund necessary to maintain the balance ratio of such 
Trust Fund at not less than 20 percent, with due regard 
to the economic conditions which created such inadequacy 
in the balance ratio and the amount of time necessary to 
alleviate such inadequacy in a prudent manner. The report 
shall set forth specifically the extent to which benefits 
would have to be reduced, taxes under section 1401, 3101, 
or 3111 of the Internal Revenue Code of 1986 would have 
to be increased, or a combination thereof, in order to ob-
tain the objectives referred to in the preceding sentence. 
‘‘(B) In addition to any reports under subparagraph 
(A), the Board shall, not later than May 30, 2006, prepare
and submit to Congress and the President recommenda-
tions for statutory adjustments to the disability insurance 
program under title II of this Act to modify the changes 
in disability benefits under the Bipartisan Retirement Se-
curity Act of 2005 without reducing the balance ratio of 
the Federal Disability Insurance Trust Fund. The Board 
shall develop such recommendations in consultation with 
the National Council on Disability, taking into consider-
ation the adequacy of benefits under the program, the re-
lationship of such program with old age benefits under 
such title, and changes in the process for determining ini-
tial eligibility and reviewing continued eligibility for bene-
fits under such program. 
‘‘(2)(A) The President shall, no later than 30 days 
after the submission of the report to the President, trans-
mit to the Board and to the Congress a report containing 
the President’s approval or disapproval of the Board’s rec-
ommendations. 
‘‘(B) If the President approves all the recommenda-
tions of the Board, the President shall transmit a copy 
of such recommendations to the Congress as the Presi-
dent’s recommendations, together with a certification of 
the President’s adoption of such recommendations. 
‘‘(C) If the President disapproves the recommenda-
tions of the Board, in whole or in part, the President shall
transmit to the Board and the Congress the reasons for 
that disapproval. The Board shall then transmit to the 
Congress and the President, no later than 60 days after 
the date of the submission of the original report to the 
President, a revised list of recommendations. 
‘‘(D) If the President approves all of the revised rec-
ommendations of the Board transmitted to the President 
under subparagraph (C), the President shall transmit a 
copy of such revised recommendations to the Congress as 
the President’s recommendations, together with a certifi-
cation of the President’s adoption of such recommenda-
tions. 
‘‘(E) If the President disapproves the revised rec-
ommendations of the Board, in whole or in part, the Presi-
dent shall transmit to the Board and the Congress the 
reasons for that disapproval, together with such revisions 
to such recommendations as the President determines are 
necessary to bring such recommendations within the 
President’s approval. The President shall transmit a copy 
of such recommendations, as so revised, to the Board and 
the Congress as the President’s recommendations, to-
gether with a certification of the President’s adoption of 
such recommendations. 
‘‘(3)(A) This paragraph is enacted by Congress—
‘‘(i) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and as such it is deemed a part of the 
rules of each House, respectively, but applicable only 
to the extent that it is inconsistent with such rules; 
and 
‘‘(ii) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
‘‘(B) For purposes of this paragraph, the term ‘joint 
resolution’ means only a joint resolution which is intro-
duced within the 10-day period beginning on the date on 
which the President transmits the President’s rec-
ommendations, together with the President’s certification, 
to the Congress under subparagraph (B), (D), or (E) of 
paragraph (2), and—
‘‘(i) which does not have a preamble; 
‘‘(ii) the matter after the resolving clause of 
which is as follows: ‘That the Congress approves the 
recommendations of the President as transmitted on 
llllll pursuant to section 709(a) of the So-
cial Security Act, as follows:llllllll’, the 
first blank space being filled in with the appropriate
date and the second blank space being filled in with 
the statutory adjustments contained in the rec-
ommendations; and 
‘‘(iii) the title of which is as follows: ‘Joint reso-
lution approving the recommendations of the Presi-
dent regarding social security.’
‘‘(C) A joint resolution described in subparagraph 
(B) that is introduced in the House of Representatives 
shall be referred to the Committee on Ways and Means 
of the House of Representatives. A joint resolution de-
scribed in subparagraph (B) introduced in the Senate 
shall be referred to the Committee on Finance of the Sen-
ate. 
‘‘(D) If the committee to which a joint resolution de-
scribed in subparagraph (B) is referred has not reported 
such joint resolution (or an identical joint resolution) by 
the end of the 20-day period beginning on the date on 
which the President transmits the recommendation to the 
Congress under paragraph (2), such committee shall be, 
at the end of such period, discharged from further consid-
eration of such joint resolution, and such joint resolution 
shall be placed on the appropriate calendar of the House 
involved. 
‘‘(E)(i) On or after the third day after the date on 
which the committee to which such a joint resolution is
referred has reported, or has been discharged (under sub-
paragraph (D)) from further consideration of, such a joint 
resolution, it is in order (even though a previous motion 
to the same effect has been disagreed to) for any Member 
of the respective House to move to proceed to the consider-
ation of the joint resolution. A Member may make the mo-
tion only on the day after the calendar day on which the 
Member announces to the House concerned the Member’s 
intention to make the motion, except that, in the case of 
the House of Representatives, the motion may be made 
without such prior announcement if the motion is made 
by direction of the committee to which the joint resolution 
was referred. All points of order against the joint resolu-
tion (and against consideration of the joint resolution) are 
waived. The motion is highly privileged in the House of 
Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or 
to a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall 
not be in order. If a motion to proceed to the consideration 
of the joint resolution is agreed to, the respective House 
shall immediately proceed to consideration of the joint res-
olution without intervening motion, order, or other busi-
ness, and the joint resolution shall remain the unfinished 
business of the respective House until disposed of. 
‘‘(ii) Debate on the joint resolution, and on all debat-
able motions and appeals in connection therewith, shall be 
limited to not more than 2 hours, which shall be divided 
equally between those favoring and those opposing the 
joint resolution. An amendment to the joint resolution is 
not in order. A motion further to limit debate is in order 
and not debatable. A motion to postpone, or a motion to 
proceed to the consideration of other business, or a motion 
to recommit the joint resolution is not in order. A motion 
to reconsider the vote by which the joint resolution is 
agreed to or disagreed to is not in order. 
‘‘(iii) Immediately following the conclusion of the de-
bate on a joint resolution described in subparagraph (B) 
and a single quorum call at the conclusion of the debate 
if requested in accordance with the rules of the appro-
priate House, the vote on final passage of the joint resolu-
tion shall occur. 
‘‘(iv) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate or the House 
of Representatives, as the case may be, to the procedure 
relating to a joint resolution described in subparagraph 
(B) shall be decided without debate.
‘‘(F)(i) If, before the passage by one House of a joint 
resolution of that House described in subparagraph (B), 
that House receives from the other House a joint resolu-
tion described in subparagraph (B), then the following 
procedures shall apply: 
‘‘(I) The joint resolution of the other House 
shall not be referred to a committee and may not be 
considered in the House receiving it except in the 
case of final passage as provided in subclause (II). 
‘‘(II) With respect to a joint resolution de-
scribed in subparagraph (B) of the House receiving 
the joint resolution, the procedure in that House 
shall be the same as if no joint resolution had been 
received from the other House, but the vote on final 
passage shall be on the joint resolution of the other 
House. 
‘‘(ii) Upon disposition of the joint resolution received 
from the other House, it shall no longer be in order to 
consider the joint resolution that originated in the receiv-
ing House. 
‘‘(b) If the Board of Trustees of the Federal Hospital 
Insurance Trust Fund or the Federal Supplementary 
Medical Insurance Trust Fund determines at any time 
that the balance ratio of either such Trust Fund’’. 
(b) CONFORMING AMENDMENTS.—
(1) Section 709(b) of such Act (as amended by 
subsection (a) of this section) is amended by striking 
‘‘any such’’ and inserting ‘‘either such’’. 
(2) Section 709(c) of such Act (as redesignated 
by subsection (a) of this section) is amended by in-
serting ‘‘or (b)’’ after ‘‘subsection (a)’’. 
SEC. 15. INCREASE IN WIDOW’S AND WIDOWER’S INSUR-
ANCE BENEFITS. 
(a) 
WIDOW’S
INSURANCE
BENEFITS.—Section 
202(e) of the Social Security Act (42 U.S.C. 402(e)) is 
amended by adding at the end the following new para-
graph: 
‘‘(9)(A) In any case in which the amount of a widow’s 
insurance benefit (as determined under the preceding 
paragraphs of this subsection) for the entitlement month 
of the widow (or surviving divorced wife) is less than the 
minimum benefit amount for such month determined 
under subparagraph (C), the amount of such benefit for 
such month and each succeeding month shall be increased 
to such minimum benefit amount (or the amount most re-
cently established in lieu thereof under section 215(i)). 
‘‘(B) For purposes of this paragraph, the term ‘enti-
tlement month’ of a widow (or surviving divorced wife) 
means, in connection with her benefit under this sub-
section, the first month of her entitlement to such benefit.
‘‘(C) For purposes of subparagraph (A), the min-
imum benefit amount determined under this subparagraph 
for the entitlement month of the widow (or surviving di-
vorced wife) is an amount equal to the lesser of—
‘‘(i) 75 percent of the sum of—
‘‘(I) the imputed deceased individual’s ben-
efit for such month, as determined under sub-
paragraph (D) or (E) (as applicable), and 
‘‘(II) the imputed survivor benefit for such 
month, as determined under subparagraph (F), 
or 
‘‘(ii) the increased benefit cap determined under 
subparagraph (G) for such month. 
‘‘(D)(i) For purposes of subparagraph (C)(i)(I), if the 
deceased individual died in a month for which he was not 
entitled to any benefit under this title based on his wages 
or self-employment income or the wages and self-employ-
ment income of the widow (or surviving divorced wife), the 
imputed deceased individual’s benefit for the entitlement 
month of the widow (or surviving divorced wife) is the sum 
of—
‘‘(I) the imputed old-age insurance benefit (de-
termined under clause (ii)) of the deceased indi-
vidual for her entitlement month (if any), and
‘‘(II) the imputed husband’s insurance benefit 
(determined under clause (iii)) of the deceased indi-
vidual for her entitlement month (if any). 
‘‘(ii) The amount of the imputed old-age insurance 
benefit of the deceased individual for the entitlement 
month of the widow (or surviving divorced wife) is the 
amount of the old-age insurance benefit to which he would 
have been entitled for such month—
‘‘(I) determined, in the case of such a deceased 
individual who had attained age 62 as of the date 
of his death, as if he had applied for such benefit 
in the month of his death and had survived through-
out the subsequent period ending with her entitle-
ment month, or 
‘‘(II) determined, in the case of such a deceased 
individual who died before attaining age 62 but 
would have attained age 62 before the end of her en-
titlement month, as if he had survived throughout 
the subsequent period ending with her entitlement 
month, and had applied for such benefit during the 
first month for which he would have been eligible for 
such benefit (assuming a primary insurance amount 
for the deceased individual determined under para-
graph (2)(B) of this subsection).
For purposes of determining the deceased individual’s im-
puted old-age insurance benefit under this clause, the de-
termination of whether the deceased individual was a fully-
insured individual (as defined in section 214(a)) shall be 
made as of the date of his death. In any case in which 
the deceased individual died before attaining age 62 and 
would not have attained age 62 before the end of the enti-
tlement month of the widow (or surviving divorced wife), 
the deceased individual’s imputed old-age insurance ben-
efit shall be deemed to be zero. 
‘‘(iii) The amount of the imputed husband’s insur-
ance benefit of the deceased individual for the entitlement 
month of the widow (or surviving divorced wife) is the 
amount of the husband’s insurance benefit under sub-
section (c) to which he would have been entitled for such 
month (assuming, for purposes of reduction under sub-
section (k)(3)(A), the entitlement to an old-age insurance 
benefit for such month, if any, as described in clause 
(ii))—
‘‘(I) determined, in the case of such a deceased 
individual who had attained age 62 as of the date 
of his death, as if he had applied for such benefit 
in the month of his death and had survived through-
out the subsequent period ending with her entitle-
ment month, or
‘‘(II) determined, in the case of such a deceased 
individual who died before attaining age 62 but 
would have attained age 62 before the end of her en-
titlement month, as if he had survived throughout 
the subsequent period ending with her entitlement 
month and had applied for such benefit during the 
first month for which he would have been eligible for 
such benefit. 
In any case in which the deceased individual died before 
he attained age 62 and would not have attained age 62 
before the end of the entitlement month of the widow (or 
surviving divorced spouse), the deceased individual’s im-
puted husband’s insurance benefit shall be deemed to be 
zero. 
‘‘(E)(i) For purposes of subparagraph (C), if the de-
ceased individual died during a month for which he other-
wise would have been entitled (but for his death) to an 
old-age insurance benefit under subsection (a) or a dis-
ability insurance benefit under section 223, or to a hus-
band’s insurance benefit under subsection (c) based on the 
wages and self-employment income of the widow (or sur-
viving divorced wife), the imputed deceased individual’s 
benefit for the entitlement month of the widow (or sur-
viving divorced wife) is the sum of—
‘‘(I) the amount of the old-age or disability in-
surance benefit (if any) to which he would have been 
entitled for her entitlement month if he had survived 
throughout the period subsequent to his death and 
ending with such month, and 
‘‘(II) the amount of the husband’s insurance 
benefit (if any) to which he would have been entitled 
for her entitlement month based on her wages and 
self-employment income if he had survived through-
out the period subsequent to his death and ending 
with such month (assuming, for purposes of reduc-
tion under subsection (k)(3)(A), the entitlement to 
an old-age or disability insurance benefit for such 
month, if any, as described in subclause (I)). 
‘‘(ii) If the deceased individual otherwise would have 
been entitled (but for his death) to a disability insurance 
benefit under section 223 for the month in which he died, 
the amount determined under clause (i) shall be deter-
mined as if he had survived throughout the period com-
mencing with the month of his death and ending with the 
entitlement month of the widow (or surviving divorced 
wife) and he had remained entitled to disability insurance 
benefits throughout such period (or until becoming enti-
tled to old-age insurance benefits under subsection (a) 
during such period).
‘‘(F) For purposes of subparagraph (C)(i)(II)—
‘‘(i) In the case of a widow (or surviving di-
vorced wife) who is entitled for her entitlement 
month to an old-age insurance benefit under sub-
section (a) or a disability insurance benefit under 
section 223, or otherwise would have been entitled 
(but for the deceased individual’s death) to a wife’s 
insurance benefit under subsection (b) for such 
month, the amount of her imputed survivor benefit 
for such month is the sum of—
‘‘(I) the amount of such old-age or dis-
ability insurance benefit (if any), and 
‘‘(II) the amount of such wife’s insurance 
benefit (if any), assuming, for purposes of re-
duction under subsection (k)(3)(A), the entitle-
ment to an old-age insurance or disability insur-
ance benefit for such month (if any), as de-
scribed in subclause (I). 
‘‘(ii) In the case of a widow (or surviving di-
vorced wife) who is not described in clause (i) but 
has attained (or would attain) age 62 as of the end 
of her entitlement month, the amount of her im-
puted survivor benefit is the sum of—
‘‘(I) the amount of the old-age insurance 
benefit under subsection (a) to which she would
be entitled for such month if she filed applica-
tion for such benefit during such month, and 
‘‘(II) the amount to which she otherwise 
would have been entitled (but for the deceased 
individual’s death) as a wife’s insurance benefit 
under subsection (b) for such month, based on 
the deceased individual’s wages and self-employ-
ment income, if she had filed application for 
such benefit during such month (assuming a 
primary insurance amount for the deceased in-
dividual determined under paragraph (2)(B) of 
this subsection and assuming, for purposes of 
reduction under subsection (k)(3)(A), the enti-
tlement to an old-age insurance benefit for such 
month, if any, as described in subclause (I)). 
In any case in which the widow (or surviving divorced 
wife) would not attain age 62 before the end of the her 
entitlement month, her imputed survivor benefit shall be 
deemed to be zero. 
‘‘(G) The increased benefit cap determined under this 
subparagraph for the entitlement month of the widow (or 
surviving divorced wife) is the amount which would be the 
amount of a theoretical individual’s old-age insurance ben-
efit under subsection (a) (reduced as provided in sub-
section (q)) if—
100
‘‘(i) such theoretical individual’s primary insur-
ance amount for the first month of entitlement were 
equal to the average of the primary insurance 
amounts upon which old-age insurance benefits 
under subsection (a) are payable for—
‘‘(I) in any case in which the entitlement 
month of the widow (or surviving divorced wife) 
is the month of December, such month, or 
‘‘(II) in any other case, the latest month of 
December preceding such entitlement month, 
‘‘(ii) such first month of such theoretical indi-
vidual’s entitlement to such old-age insurance ben-
efit were the entitlement month of the widow (or 
surviving divorced spouse), and 
‘‘(iii) the month in which the theoretical indi-
vidual attained or would attain retirement age (as 
defined in section 216(l)) were the month in which 
the widow (or surviving divorced wife) attained or 
would attain retirement age (as so defined). 
‘‘(H) If, in determining the amount of the benefit 
under this section pursuant to this paragraph, the im-
puted old-age insurance benefit or imputed husband’s in-
surance benefit of the deceased individual was deemed to 
be zero pursuant to the last sentence of clause (ii) or (iii) 
of subparagraph (D), or the imputed survivor benefit of
101
the widow (or surviving divorced wife) was deemed to be 
zero pursuant to the last sentence of subparagraph (F), 
effective for any month after the entitlement month of the 
widow (or surviving divorced wife) in which the deceased 
individual would have attained age 62 or she attains age 
62, the Commissioner shall recompute the amount of the 
benefit under this paragraph by substituting a reference 
to such later month for each reference in the preceding 
provisions of this paragraph to her entitlement month. 
‘‘(I)(i) Any reference in this paragraph to the widow’s 
insurance benefit (as determined under the preceding 
paragraphs of this subsection) shall be deemed a reference 
to such benefit, taking into account all applicable reduc-
tions and deductions under this title. 
‘‘(ii) Any reference in this paragraph to the imputed 
old-age insurance benefit or imputed husband’s insurance 
benefit described in subparagraph (D), the old-age insur-
ance benefit, disability insurance benefit, or husband’s in-
surance benefit described in subparagraph (E), or the old-
age insurance benefit, disability insurance benefit, or 
wife’s insurance benefit described in subparagraph (F) 
shall be deemed a reference to such benefit, taking into 
account applicable reductions under this section but dis-
regarding reductions or deductions otherwise applicable 
under this title.
102
‘‘(iii) A widow’s insurance benefit which has been in-
creased under this paragraph shall be subject to all reduc-
tions and deductions otherwise applicable to widow’s in-
surance benefits under this title, except that such benefit 
shall not be subject to any reduction otherwise applicable 
under subsection (q)(1).’’. 
(b) WIDOWER’S
INSURANCE
BENEFITS.—Section 
202(f) of such Act (42 U.S.C. 402(f)) is amended by add-
ing at the end the following new paragraph: 
‘‘(9)(A) In any case in which the amount of a wid-
ower’s insurance benefit (as determined under the pre-
ceding paragraphs of this subsection) for the entitlement 
month of the widower (or surviving divorced husband) is 
less than the minimum benefit amount for such month de-
termined under subparagraph (C), the amount of such 
benefit for such month and each succeeding month shall 
be increased to such minimum benefit amount (or the 
amount most recently established in lieu thereof under 
section 215(i)). 
‘‘(B) For purposes of this paragraph, the term ‘enti-
tlement month’ of a widower (or surviving divorced hus-
band) means, in connection with his benefit under this 
subsection, the first month of his entitlement to such ben-
efit.
103
‘‘(C) For purposes of subparagraph (A), the min-
imum benefit amount determined under this subparagraph 
for the entitlement month of the widower (or surviving di-
vorced husband) is an amount equal to the lesser of—
‘‘(i) 75 percent of the sum of—
‘‘(I) the imputed deceased individual’s ben-
efit for such month, as determined under sub-
paragraph (D) or (E) (as applicable), and 
‘‘(II) the imputed survivor benefit for such 
month, as determined under subparagraph (F), 
or 
‘‘(ii) the increased benefit cap determined under 
subparagraph (G) for such month. 
‘‘(D)(i) For purposes of subparagraph (C)(i)(I), if the 
deceased individual died in a month for which she was not 
entitled to any benefit under this title based on her wages 
or self-employment income or the wages and self-employ-
ment income of the widower (or surviving divorced hus-
band), the imputed deceased individual’s benefit for the 
entitlement month of the widower (or surviving divorced 
husband) is the sum of—
‘‘(I) the imputed old-age insurance benefit (de-
termined under clause (ii)) of the deceased indi-
vidual for his entitlement month (if any), and
104
‘‘(II) the imputed wife’s insurance benefit (de-
termined under clause (iii)) of the deceased indi-
vidual for his entitlement month (if any). 
‘‘(ii) The amount of the imputed old-age insurance 
benefit of the deceased individual for the entitlement 
month of the widower (or surviving divorced husband) is 
the amount of the old-age insurance benefit to which she 
would have been entitled for such month—
‘‘(I) determined, in the case of such a deceased 
individual who had attained age 62 as of the date 
of her death, as if she had applied for such benefit 
in the month of her death and had survived through-
out the subsequent period ending with his entitle-
ment month, or 
‘‘(II) determined, in the case of such a deceased 
individual who died before attaining age 62 but 
would have attained age 62 before the end of his en-
titlement month, as if she had survived throughout 
the subsequent period ending with his entitlement 
month, and had applied for such benefit during the 
first month for which she would have been eligible 
for such benefit (assuming a primary insurance 
amount for the deceased individual determined 
under paragraph (2)(B) of this subsection).
105
For purposes of determining the deceased individual’s im-
puted old-age insurance benefit under this clause, the de-
termination of whether the deceased individual was a fully-
insured individual (as defined in section 214(a)) shall be 
made as of the date of her death. In any case in which 
the deceased individual died before attaining age 62 and 
would not have attained age 62 before the end of the enti-
tlement month of the widower (or surviving divorced hus-
band), the deceased individual’s imputed old-age insurance 
benefit shall be deemed to be zero. 
‘‘(iii) The amount of the imputed wife’s insurance 
benefit of the deceased individual for the entitlement 
month of the widower (or surviving divorced husband) is 
the amount of the wife’s insurance benefit under sub-
section (b) to which she would have been entitled for such 
month (assuming, for purposes of reduction under sub-
section (k)(3)(A), the entitlement to an old-age insurance 
benefit for such month, if any, as described in clause 
(ii))—
‘‘(I) determined, in the case of such a deceased 
individual who had attained age 62 as of the date 
of her death, as if she had applied for such benefit 
in the month of her death and had survived through-
out the subsequent period ending with his entitle-
ment month, or
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‘‘(II) determined, in the case of such a deceased 
individual who died before attaining age 62 but 
would have attained age 62 before the end of his en-
titlement month, as if she had survived throughout 
the subsequent period ending with his entitlement 
month and had applied for such benefit during the 
first month for which she would have been eligible 
for such benefit. 
In any case in which the deceased individual died before 
she attained age 62 and would not have attained age 62 
before the end of the entitlement month of the widower 
(or surviving divorced husband), the deceased individual’s 
imputed husband’s insurance benefit shall be deemed to 
be zero. 
‘‘(E)(i) For purposes of subparagraph (C), if the de-
ceased individual died during a month for which she other-
wise would have been entitled (but for her death) to an 
old-age insurance benefit under subsection (a) or a dis-
ability insurance benefit under section 223, or to a wife’s 
insurance benefit under subsection (b) based on the wages 
and self-employment income of the widower (or surviving 
divorced husband), the imputed deceased individual’s ben-
efit for the entitlement month of the widower (or surviving 
divorced husband) is the sum of—
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‘‘(I) the amount of the old-age or disability in-
surance benefit (if any) to which she would have 
been entitled for his entitlement month if she had 
survived throughout the period subsequent to her 
death and ending with such month, and 
‘‘(II) the amount of the wife’s insurance benefit 
(if any) to which she would have been entitled for 
his entitlement month based on his wages and self-
employment income if she had survived throughout 
the period subsequent to her death and ending with 
such month (assuming, for purposes of reduction 
under subsection (k)(3)(A), the entitlement to an 
old-age or disability insurance benefit for such 
month, if any, as described in subclause (I)). 
‘‘(ii) If the deceased individual otherwise would have 
been entitled (but for her death) to a disability insurance 
benefit under section 223 for the month in which she died, 
the amount determined under clause (i) shall be deter-
mined as if she had survived throughout the period com-
mencing with the month of her death and ending with the 
entitlement month of the widower (or surviving divorced 
husband) and she had remained entitled to disability in-
surance benefits throughout such period (or until becom-
ing entitled to old-age insurance benefits under subsection 
(a) during such period).
108
‘‘(F) For purposes of subparagraph (C)(i)(II)—
‘‘(i) In the case of a widower (or surviving di-
vorced husband) who is entitled for his entitlement 
month to an old-age insurance benefit under sub-
section (a) or a disability insurance benefit under 
section 223, or otherwise would have been entitled 
(but for the deceased individual’s death) to a hus-
band’s insurance benefit under subsection (c) for 
such month, the amount of her imputed survivor 
benefit for such month is the sum of—
‘‘(I) the amount of such old-age or dis-
ability insurance benefit (if any), and 
‘‘(II) the amount of such husband’s insur-
ance benefit (if any), assuming, for purposes of 
reduction under subsection (k)(3)(A), the enti-
tlement to an old-age insurance or disability in-
surance benefit for such month (if any), as de-
scribed in subclause (I). 
‘‘(ii) In the case of a widower (or surviving di-
vorced husband) who is not described in clause (i) 
but has attained (or would attain) age 62 as of the 
end of his entitlement month, the amount of his im-
puted survivor benefit is the sum of—
‘‘(I) the amount of the old-age insurance 
benefit under subsection (a) to which he would
109
be entitled for such month if he filed applica-
tion for such benefit during such month, and 
‘‘(II) the amount to which he otherwise 
would have been entitled (but for the deceased 
individual’s death) as a husband’s insurance 
benefit under subsection (c) for such month, 
based on the deceased individual’s wages and 
self-employment income, if he had filed applica-
tion for such benefit during such month (as-
suming a primary insurance amount for the de-
ceased individual determined under paragraph 
(2)(B) of this subsection and assuming, for 
purposes 
of 
reduction 
under 
subsection 
(k)(3)(A), the entitlement to an old-age insur-
ance benefit for such month, if any, as de-
scribed in subclause (I)). 
In any case in which the widower (or surviving divorced 
husband) would not attain age 62 before the end of the 
his entitlement month, his imputed survivor benefit shall 
be deemed to be zero. 
‘‘(G) The increased benefit cap determined under this 
subparagraph for the entitlement month of the widower 
(or surviving divorced husband) is the amount which 
would be the amount of a theoretical individual’s old-age
110
insurance benefit under subsection (a) (reduced as pro-
vided in subsection (q)) if—
‘‘(i) such theoretical individual’s primary insur-
ance amount for the first month of entitlement were 
equal to the average of the primary insurance 
amounts upon which old-age insurance benefits 
under subsection (a) are payable for—
‘‘(I) in any case in which the entitlement 
month of the widower (or surviving divorced 
husband) is the month of December, such 
month, or 
‘‘(II) in any other case, the latest month of 
December preceding such entitlement month, 
‘‘(ii) such first month of such theoretical indi-
vidual’s entitlement to such old-age insurance ben-
efit were the entitlement month of the widower (or 
surviving divorced husband), and 
‘‘(iii) the month in which the theoretical indi-
vidual attained or would attain retirement age (as 
defined in section 216(l)) were the month in which 
the widower (or surviving divorced husband) at-
tained or would attain retirement age (as so de-
fined). 
‘‘(H) If, in determining the amount of the benefit 
under this section pursuant to this paragraph, the im-
111
puted old-age insurance benefit or imputed wife’s insur-
ance benefit of the deceased individual was deemed to be 
zero pursuant to the last sentence of clause (ii) or (iii) 
of subparagraph (D), or the imputed survivor benefit of 
the widower (or surviving divorced husband) was deemed 
to be zero pursuant to the last sentence of subparagraph 
(F), effective for any month after the entitlement month 
of the widower (or surviving divorced husband) in which 
the deceased individual would have attained age 62 or he 
attains age 62, the Commissioner shall recompute the 
amount of the benefit under this paragraph by sub-
stituting a reference to such later month for each ref-
erence in the preceding provisions of this paragraph to her 
entitlement month. 
‘‘(I)(i) Any reference in this paragraph to the wid-
ower’s insurance benefit (as determined under the pre-
ceding paragraphs of this subsection) shall be deemed a 
reference to such benefit, taking into account all applicable 
reductions and deductions under this title. 
‘‘(ii) Any reference in this paragraph to the imputed 
old-age insurance benefit or imputed wife’s insurance ben-
efit described in subparagraph (D), the old-age insurance 
benefit, disability insurance benefit, or wife’s insurance 
benefit described in subparagraph (E), or the old-age in-
surance benefit, disability insurance benefit, or husband’s
112
insurance benefit described in subparagraph (F) shall be 
deemed a reference to such benefit, taking into account 
applicable reductions under this section but disregarding 
reductions or deductions otherwise applicable under this 
title. 
‘‘(iii) A widower’s insurance benefit which has been 
increased under this paragraph shall be subject to all re-
ductions and deductions otherwise applicable to widower’s 
insurance benefits under this title, except that such benefit 
shall not be subject to any reduction otherwise applicable 
under subsection (q)(1).’’. 
(c) COST-OF-LIVING ADJUSTMENTS TO GUARANTEED 
WIDOW’S AND WIDOWER’S INSURANCE BENEFITS.—Sec-
tion 
215(i)(2)(A)(ii) 
of 
such 
Act 
(42 
U.S.C. 
415(i)(2)(A)(ii)) is amended—
(1) in subclause (II), by striking ‘‘and’’ at the 
end; 
(2) in subclause (III), by striking ‘‘1978.’’ and 
inserting ‘‘1979, and’’; 
(3) by adding at the end the following new sub-
clause: 
‘‘(IV) the benefit amount to which an individual 
is entitled for that month under subsection (e) or (f) 
of section 202 if such benefit amount has been in-
113
creased under paragraph (10) of such subsection.’’; 
and 
(4) in the matter following subclause (IV) 
(added by paragraph (3)), by striking ‘‘(I), (II), and 
(III)’’ and inserting ‘‘(I), (II), (III), and (IV)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to widow’s and wid-
ower’s insurance benefits for which applications are filed 
in months after November 2005. 
SEC. 16. LIMITATION ON BENEFITS OF MARRIED COUPLE 
TO LEVEL OF MAXIMUM WORKER BENEFITS. 
(a) 
WIFE’S
INSURANCE
BENEFITS.—Section 
202(b)(2) of the Social Security Act (42 U.S.C. 402(b)(2)) 
is amended to read as follows: 
‘‘(2) Except as provided in subsections (k)(5) and (q), 
such wife’s insurance benefit for each month shall be equal 
to the excess (not less than zero) of—
‘‘(A) the lesser of—
‘‘(i) 150 percent of her husband’s primary 
insurance amount, or 
‘‘(ii) the primary insurance amount for 
such month of a hypothetical individual—
‘‘(I) who is entitled to old-age insur-
ance insurance benefits for such month,
114
‘‘(II) who became entitled to such 
benefit upon attaining age 62 during the 
month in which her husband became enti-
tled to old-age insurance benefits, and 
‘‘(III) to whom wages and self-em-
ployment income were credited in each of 
such hypothetical individual’s elapsed years 
(within 
the 
meaning 
of 
section 
215(b)(2)(B)(iii)) in an amount equal to 
the maximum amount includible under this 
title as wages and self-employment income 
for such year, over 
‘‘(B) the primary insurance amount of her hus-
band.’’. 
(b) HUSBAND’S
INSURANCE
BENEFITS.—Section 
202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is amended 
to read as follows: 
‘‘(2) Except as provided in subsections (k)(5) and (q), 
such husband’s insurance benefit for each month shall be 
equal to the excess (not less than zero) of—
‘‘(A) the lesser of—
‘‘(i) 150 percent of his wife’s primary in-
surance amount, or 
‘‘(ii) the primary insurance amount for 
such month of a hypothetical individual—
115
‘‘(I) who is entitled to old-age insur-
ance insurance benefits for such month, 
‘‘(II) who became entitled to such 
benefit upon attaining age 62 during the 
month in which his wife became entitled to 
old-age insurance benefits, and 
‘‘(III) to whom wages and self-em-
ployment income were credited in each of 
such hypothetical individual’s elapsed years 
(within 
the 
meaning 
of 
section 
215(b)(2)(B)(iii)) in an amount equal to 
the maximum amount includible under this 
title as wages and self-employment income 
for such year, over 
‘‘(B) the primary insurance amount of his 
wife.’’. 
(c) APPLICATION
OF FAMILY MAXIMUM.—Section 
203(a) of such Act (42 U.S.C. 403(a)) is amended by add-
ing at the end the following: 
‘‘(11) For purposes of determining under this sub-
section the amount of reduction in total monthly benefits 
to which beneficiaries may be entitled for a month on the 
basis of the wages and self-employment income of an indi-
vidual, the amount of a wife’s insurance benefit or a hus-
band’s insurance benefit for each month based on such
116
wages and self-employment income shall be deemed to be 
equal to one-half of the primary insurance amount of the 
individual for such month (subject to subsections (k)(5) 
and (q) of section 202).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to wife’s insurance 
benefits and husband’s insurance benefits in cases in 
which the spouse becomes eligible for old-age insurance 
benefits or disability insurance benefits in any calendar 
year after 2005.
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