SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Windfall Elimination 
Provision Relief Act of 2009’’. 
SEC. 2. WINDFALL ELIMINATION PROVISION RESTRICTED 
TO TOTAL MONTHLY AMOUNTS IN EXCESS OF 
COLA-ADJUSTED AMOUNT OF $2,500. 
Section 215(a)(7) of the Social Security Act (42 
U.S.C. 415(a)(7)) is amended— 
(1) in subparagraph (A), by inserting after 
‘‘service’),’’ the following: ‘‘if the sum of the individ-
ual’s primary insurance amount under paragraph 
(1) of this subsection and the portion of the monthly 
periodic payment which is attributable to noncovered 
service performed after 1956 (with such attribution 
being based on the proportionate number of years of 
such noncovered service) is greater than 1⁄12 of the 
amount established for purposes of subparagraph 
(B)(iii)(I) under subparagraph (B)(iv), then’’; 
(2) in the second sentence of subparagraph 
(B)(i), by striking ‘‘(with such attribution being 
based on the proportionate number of years of such 
noncovered service)’’ and inserting ‘‘(as determined 
under subparagraph (A))’’; 
(3) in the last sentence of subparagraph (B)(i), 
by striking ‘‘the larger of’’ and all that follows 
through ‘‘subsection (i))’’ and inserting the fol-
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lowing: ‘‘the primary insurance amount determined 
under paragraph (1), reduced (before the application 
of subsection (i)) by the applicable percentage deter-
mined under clause (iii) of the excess of such 
amount over the larger of the two amounts com-
puted under the preceding two sentences,’’; and 
(4) by adding at the end of subparagraph (B) 
the following new clauses: 
‘‘(iii) For purposes of clause (i), the applicable per-
centage in connection with any individual is the product 
(not greater than 100 percent) derived by multiplying 2.5 
percentage points by the quotient determined under this 
clause. The quotient determined under this clause is the 
quotient derived by dividing— 
‘‘(I) the excess of the sum referred to in sub-
paragraph (A) over 1⁄12 of the amount established 
for purposes of this subclause under clause (iv), by 
‘‘(II) 1⁄480 of the excess of the dollar amount es-
tablished for purposes of this subclause under clause 
(iv) over the dollar amount established for purposes 
of subclause (I) under clause (iv), 
rounded to the next higher multiple of 1 where such 
amount is a multiple of 0.5 and to the nearest multiple 
of 1 in any other case. 
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‘‘(iv) For individuals whose concurrent entitlement 
described in subparagraph (A) commences in calendar 
year 2009, the dollar amounts established for purposes of 
subclauses (I) and (II) of clause (iii) shall be $30,000 and 
$40,000, respectively. For individuals whose concurrent 
entitlement described in subparagraph (A) commences in 
any calendar year after 2009, each of the amounts so es-
tablished shall equal the product derived by multiplying 
the corresponding amount established with respect to cal-
endar year 2009 by the quotient obtained by dividing— 
‘‘(I) the national average wage index (as de-
fined in section 209(k)(1)) for the first of the 2 cal-
endar years preceding the calendar year for which 
the determination is made, by 
‘‘(II) the national average wage index (as so de-
fined) for 2007. 
Each amount established by this clause for any calendar 
year shall be rounded to the nearest multiple of $1, except 
that any amount so established which is a multiple of 
$0.50 but not of $1 shall be rounded to the next higher 
multiple of $1.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by section 2 shall apply with 
respect to benefits for months after the date of the enact-
ment of this Act. Notwithstanding section 215(f)(1) of the 
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Social Security Act, the Commissioner of Social Security 
shall recompute primary insurance amounts to the extent 
necessary to carry out the amendments made by section 
2. 
Æ 
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