I 
108TH CONGRESS 
2D SESSION 
H. R. 4234
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 $2,500 and to provide for a graduated implementation 
of such provision on amounts above such $2,500 amount. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2004
Mr. FRANK of Massachusetts (for himself and Mr. MATSUI) 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 $2,500 and to provide for a graduated implemen-
tation of such provision on amounts above such $2,500 
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 $2,500. 
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 $2,500, 
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-
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 clause: 
‘‘(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 $2,500, by 
‘‘(II) $20.85, 
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.’’. 
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.
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