I
106TH CONGRESS
1ST SESSION
H. R. 860
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 $2,000 and to provide for a graduated implementation
of such provision on amounts above such $2,000 amount.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 1999
Mr. FRANK of Massachusetts (for himself, Mr. NEY, Mr. ACKERMAN, Mr.
OLVER, Mr. SMITH of Washington, Mr. SHERMAN, Mr. PETERSON of
Minnesota, Mr. STRICKLAND, Mr. PALLONE, Mr. ROMERO-BARCELO´, Mr.
EVANS, Mr. WEXLER, Mr. MORAN of Virginia, Mr. GEJDENSON, Mr.
DAVIS of Virginia, Mrs. MORELLA, Mr. FROST, Ms. NORTON, Mr.
KUCINICH, Mr. GILMAN, Mr. SHOWS, Mr. DEFAZIO, Mr. RAHALL, Mr.
CROWLEY, Mr. DIXON, Mr. TRAFICANT, Mr. WAXMAN, Mr. WYNN, and
Mr. MCGOVERN) 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 bene-
fits under such title and other monthly periodic payments
exceeds $2,000 and to provide for a graduated implemen-
tation of such provision on amounts above such $2,000
amount.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
WINDFALL 
ELIMINATION 
PROVISION 
RE-
STRICTED TO TOTAL MONTHLY AMOUNTS IN
EXCESS OF $2,000.
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 $2,000,
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 follow-
ing: ‘‘the primary insurance amount determined
under paragraph (1), reduced (before the application
of subsection (i)) by the applicable percentage speci-
fied in clause (iii) of the excess of such amount over
the larger of the two amounts computed under the
preceding two sentences,’’; and
(4) by adding at the end of subparagraph (B)
the following new clause:
‘‘(iii) For purposes of clause (i), the applicable per-
centage in connection with any individual shall be the per-
centage specified in connection with such individual in the
following table:
‘‘If the sum referred to in
clause (i) with respect to
an individual is:
The applicable percentage in
connection with such indi-
vidual is:
Over $2,000 but not over $2,250 ..
20%.
Over $2,250 but not over $2,500 ..
40%.
Over $2,500 but not over $2,750 ..
60%.
Over $2,750 but not over $3,000 ..
80%.
Over $3,000 ...................................
100%.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 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
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 1.
Æ