I 
109TH CONGRESS 
1ST SESSION H. R. 3637
To amend title XVIII of the Social Security Act to prevent a decrease 
in Social Security benefits resulting from Medicare part D premiums 
increases. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005
Mr. THOMPSON of California (for himself and Mrs. EMERSON) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to prevent 
a decrease in Social Security benefits resulting from 
Medicare part D premiums increases.
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 ‘‘Social Security Benefit 
Protection Act of 2005’’.
SEC. 2. PROTECTION OF SOCIAL SECURITY BENEFITS 
AGAINST DECREASE DUE TO PART D MEDI-
CARE PREMIUM INCREASES. 
(a) PROTECTION AGAINST DECREASE IN SOCIAL SE-
CURITY BENEFITS.—
(1) APPLICATION TO ENROLLEES IN PRESCRIP-
TION DRUG PLANS.—Section 1860D–13(a)(1) of the 
Social Security Act (42 U.S.C. 1395ww–113(a)(1)) 
is amended—
(A) in subparagraph (F), by striking ‘‘(D) 
and (E),’’ and inserting ‘‘(D), (E), and (F),’’; 
(B) by redesignating subparagraph (F) as 
subparagraph (G); and 
(C) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) PROTECTION
OF
SOCIAL
SECURITY 
BENEFITS.—For any calendar year, if an indi-
vidual is entitled to monthly benefits under sec-
tion 202 or 223 or to a monthly annuity under 
section 3(a), 4(a), or 4(f) of the Railroad Re-
tirement Act of 1974 for November and Decem-
ber of the preceding year and was enrolled 
under a PDP plan or MA–PD plan for such 
months, the base beneficiary premium otherwise 
applied under this paragraph for the individual 
for months in that year shall be decreased by
the amount (if any) by which the sum of the 
amounts described in the following clauses (i) 
and (ii) exceeds the amount of the increase in 
such monthly benefits for that individual attrib-
utable to section 215(i): 
‘‘(i) PART D PREMIUM INCREASE FAC-
TOR.—
‘‘(I) IN
GENERAL.—Except as 
provided in this clause, the amount of 
the increase (if any) in the adjusted 
national average monthly bid amount 
(as determined under subparagraph 
(B)(iii)) for a month in the year over 
such amount for a month in the pre-
ceding year. 
‘‘(II) NO APPLICATION TO FULL 
PREMIUM SUBSIDY INDIVIDUALS.—In 
the case of an individual enrolled for 
a premium subsidy under section 
1860D–14(a)(1), zero. 
‘‘(III) SPECIAL RULE FOR PAR-
TIAL
PREMIUM
SUBSIDY
INDIVID-
UALS.—In the case of an individual 
enrolled for a premium subsidy under 
section 1860D–14(a)(2), a percent of
the increase described in subclause (I) 
equal to 100 percent minus the per-
cent applied based on the linear scale 
under such section. 
‘‘(ii) PART
B
PREMIUM
INCREASE 
FACTOR.—If the individual is enrolled for 
such months under part B—
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the amount 
of the annual increase in premium ef-
fective for such year resulting from 
the application of section 1839(a)(3), 
as reduced (if any) under section 
1839(f). 
‘‘(II) NO APPLICATION TO INDI-
VIDUALS PARTICIPATING IN MEDICARE 
SAVINGS PROGRAM.—In the case of an 
individual who is enrolled for medical 
assistance under title XIX for medi-
care cost-sharing described in section 
1905(p)(3)(A)(ii), zero.’’. 
(2) APPLICATION
UNDER
MEDICARE
ADVAN-
TAGE PROGRAM.—Section 1854(b)(2)(B) of such Act 
(42 U.S.C. 1395w–24(b)(2)(B)), as in effect as of 
January 1, 2006, relating to MA monthly prescrip-
tion drug beneficiary premium, is amended by in-
serting after ‘‘as adjusted under section 1860D–
13(a)(1)(B)’’ the following: ‘‘and section 1860D–
13(a)(1)(F)’’. 
(3) PAYMENT FROM MEDICARE PRESCRIPTION 
DRUG ACCOUNT.—Section 1860D–16(b) of such Act 
(42 U.S.C. 1395w–116(b)) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ at the end of 
subparagraph (C); 
(ii) by striking the period at the end 
of subparagraph (D) and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) payment under paragraph (5) of pre-
mium reductions effected under section 1860D–
13(a)(1)(F).’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) PAYMENT FOR SOCIAL SECURITY BENEFIT 
PROTECTION PREMIUM REDUCTIONS.—
‘‘(A) IN
GENERAL.—In addition to pay-
ments provided under section 1860D–15 to a 
PDP sponsor or an MA organization, in the
case of each part D eligible individual who is 
enrolled in a prescription drug plan offered by 
such sponsor or an MA–PD plan offered by 
such organization and who has a premium re-
duced under section 1860D–13(a)(1)(F), the 
Secretary shall provide for payment to such 
sponsor or organization of an amount equiva-
lent to the amount of such premium reduction. 
‘‘(B) APPLICATION OF PROVISIONS.—The 
provisions of subsections (d) and (f) of section 
1860D–15 (relating to payment methods and 
disclosure of information) shall apply to pay-
ment under subparagraph (A) in the same man-
ner as they apply to payments under such sec-
tion.’’. 
(b) DISREGARD OF PREMIUM REDUCTIONS IN DE-
TERMINING DEDICATED REVENUES UNDER MMA COST 
CONTAINMENT.—Section 801(c)(3)(D) of the Medicare 
Prescription Drug, Improvement, and Modernization Act 
of 2003 (Public Law 108–173) is amended by adding at 
the end the following: ‘‘Such premiums shall also be deter-
mined without regard to any reductions effected under 
section 1839(f) or 1860D–13(a)(1)(F) of such title.’’. 
(c) EFFECTIVE DATES.—
(1) PART D PREMIUM.—The amendments made 
by subsection (a) apply to premiums for months be-
ginning with January 2007. 
(2) MMA PROVISION.—The amendment made 
by subsection (b) shall take effect on the date of the 
enactment of this Act.
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