I 
108TH CONGRESS 
1ST SESSION 
H. R. 97
To amend title II of the Social Security Act to allow workers who attain 
age 65 after 1981 and before 1992 to choose either lump sum payments 
over four years totalling $5,000 or an improved benefit computation 
formula under a new 10-year rule governing the transition to the changes 
in benefit computation rules enacted in the Social Security Amendments 
of 1977, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mr. HALL (for himself and Mr. WEXLER) 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 allow workers 
who attain age 65 after 1981 and before 1992 to choose 
either lump sum payments over four years totalling 
$5,000 or an improved benefit computation formula 
under a new 10-year rule governing the transition to 
the changes in benefit computation rules enacted in the 
Social Security Amendments of 1977, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Notch Fairness Act 
of 2003’’. 
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE 
AMOUNT WHERE ELIGIBILITY ARISES DUR-
ING TRANSITIONAL PERIOD. 
(a) IN GENERAL.—Section 215(a) of the Social Secu-
rity Act is amended—
(1) in paragraph (4)(B), by inserting ‘‘(with or 
without the application of paragraph (8))’’ after 
‘‘would be made’’, and by striking ‘‘1984’’ in clause 
(i) and inserting ‘‘1989’’; and 
(2) by adding at the end the following: 
‘‘(8)(A) In the case of an individual described in 
paragraph (4)(B) (subject to subparagraphs (F) and (G) 
of this paragraph), the amount of the individual’s primary 
insurance amount as computed or recomputed under para-
graph (1) shall be deemed equal to the sum of—
‘‘(i) such amount, and 
‘‘(ii) the applicable transitional increase amount 
(if any). 
‘‘(B) For purposes of subparagraph (A)(ii), the term 
‘applicable transitional increase amount’ means, in the 
case of any individual, the product derived by multi-
plying—
‘‘(i) the excess under former law, by
‘‘(ii) the applicable percentage in relation to the 
year in which the individual becomes eligible for old-
age insurance benefits, as determined by the fol-
lowing table:
‘‘If the individual 
becomes eligible for 
The applicable 
such benefits in: 
percentage is: 
1979 .......................................................................
55 percent
1980 .......................................................................
45 percent
1981 .......................................................................
35 percent
1982 .......................................................................
32 percent
1983 .......................................................................
25 percent
1984 .......................................................................
20 percent
1985 .......................................................................
16 percent
1986 .......................................................................
10 percent
1987 .......................................................................
3 percent
1988 .......................................................................
5 percent.
‘‘(C) For purposes of subparagraph (B), the term ‘ex-
cess under former law’ means, in the case of any indi-
vidual, the excess of—
‘‘(i) the applicable former law primary insur-
ance amount, over 
‘‘(ii) the amount which would be such individ-
ual’s primary insurance amount if computed or re-
computed under this section without regard to this 
paragraph and paragraphs (4), (5), and (6). 
‘‘(D) For purposes of subparagraph (C)(i), the term 
‘applicable former law primary insurance amount’ means, 
in the case of any individual, the amount which would be 
such individual’s primary insurance amount if it were—
‘‘(i) computed or recomputed (pursuant to 
paragraph (4)(B)(i)) under section 215(a) as in ef-
fect in December 1978, or 
‘‘(ii) computed or recomputed (pursuant to 
paragraph (4)(B)(ii)) as provided by subsection (d), 
(as applicable) and modified as provided by subparagraph 
(E). 
‘‘(E) In determining the amount which would be an 
individual’s primary insurance amount as provided in sub-
paragraph (D)—
‘‘(i) subsection (b)(4) shall not apply; 
‘‘(ii) section 215(b) as in effect in December 
1978 shall apply, except that section 215(b)(2)(C) 
(as then in effect) shall be deemed to provide that 
an individual’s ‘computation base years’ may include 
only calendar years in the period after 1950 (or 
1936 if applicable) and ending with the calendar 
year in which such individual attains age 61, plus 
the 3 calendar years after such period for which the 
total of such individual’s wages and self-employment 
income is the largest; and 
‘‘(iii) subdivision (I) in the last sentence of 
paragraph (4) shall be applied as though the words 
‘without regard to any increases in that table’ in
(2) RECOMPUTATION TO REFLECT BENEFIT IN-
CREASES.—In any case in which an individual is en-
titled to monthly insurance benefits under title II of 
the Social Security Act for June 2004, if such bene-
fits are based on a primary insurance amount com-
puted—
(A) under section 215 of such Act as in ef-
fect (by reason of the Social Security Amend-
ments of 1977) after December 1978, or 
(B) under section 215 of such Act as in ef-
fect prior to January 1979 by reason of sub-
section (a)(4)(B) of such section (as amended 
by the Social Security Amendments of 1977), 
the Commissioner of Social Security (notwith-
standing section 215(f)(1) of the Social Security 
Act) shall recompute such primary insurance 
amount so as to take into account the amendments 
made by this Act.
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