SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Notch Baby Act of 
2009’’. 
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE 
AMOUNT WHERE ELIGIBILITY ARISES DUR-
ING TRANSITIONAL PERIOD. 
Section 215(a) of the Social Security Act is amend-
ed— 
(1) in paragraph (4)(B), by inserting ‘‘(with or 
without the application of paragraph (8))’’ after 
‘‘would be made’’; and 
(2) by adding at the end the following: 
‘‘(8)(A) In the case of an individual described in 
paragraph (4)(B) (subject to subparagraph (F) of this 
paragraph) who becomes eligible for old-age insurance 
benefits after 1978 and before 1989, the amount of the 
individual’s primary insurance amount as computed or re-
computed under paragraph (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— 
VerDate Nov 24 2008 
17:49 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H238.IH
H238
hsrobinson on PROD1PC76 with BILLS
‘‘(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 or 1980 ............................................................................... 60 percent
1981 or 1982 ............................................................................... 35 percent
1983 or 1984 ............................................................................... 30 percent
1985 or 1986 ............................................................................... 25 percent
1987 or 1988 ............................................................................... 10 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 
VerDate Nov 24 2008 
17:49 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H238.IH
H238
hsrobinson on PROD1PC76 with BILLS
‘‘(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 
such subdivision read ‘including any increases in 
that table’. 
‘‘(F) This paragraph shall apply in the case of any 
individual only if such application results in a primary in-
VerDate Nov 24 2008 
17:49 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H238.IH
H238
hsrobinson on PROD1PC76 with BILLS
surance amount for such individual that is greater than 
it would be if computed or recomputed under paragraph 
(4)(B) without regard to this paragraph.’’. 
SEC. 3. EFFECTIVE DATE AND RELATED RULES. 
(a) APPLICABILITY OF AMENDMENTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this Act shall 
be effective as though they had been included or re-
flected in section 201 of the Social Security Amend-
ments of 1977. 
(2) PROSPECTIVE APPLICABILITY.—No monthly 
benefit or primary insurance amount under title II 
of the Social Security Act shall be increased by rea-
son of such amendments for any month before Janu-
ary 2009. 
(b) RECOMPUTATION TO REFLECT BENEFIT IN-
CREASES.—In any case in which an individual is entitled 
to monthly insurance benefits under title II of the Social 
Security Act for December 2008, if such benefits are 
based on a primary insurance amount computed— 
(1) under section 215 of such Act as in effect 
(by reason of the Social Security Amendments of 
1977) after December 1978, or 
(2) under section 215 of such Act as in effect 
prior to January 1979 by reason of subsection 
VerDate Nov 24 2008 
00:25 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H238.IH
H238
hsrobinson on PROD1PC76 with BILLS
(a)(4)(B) of such section (as amended by the Social 
Security Amendments of 1977), 
the Commissioner of Social Security (notwithstanding sec-
tion 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. 
Æ 
VerDate Nov 24 2008 
17:49 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H238.IH
H238
hsrobinson on PROD1PC76 with BILLS