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107TH CONGRESS
1ST SESSION
H. R. 80
To amend title II of the Social Security Act to provide for an improved
benefit computation formula for workers affected by the changes in
benefit computation rules enacted in the Social Security Amendments
of 1977 who attain age 65 during the 10-year period after 1981 and
before 1992 (and related beneficiaries) and to provide prospectively for
increases in their benefits accordingly.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mrs. EMERSON 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 provide
for an improved benefit computation formula for workers
affected by the changes in benefit computation rules
enacted in the Social Security Amendments of 1977 who
attain age 65 during the 10-year period after 1981 and
before 1992 (and related beneficiaries) and to provide
prospectively for increases in their benefits accordingly.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 80 IH1S
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Notch Baby Act of
2001’’.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE
AMOUNT WHERE ELIGIBILITY ARISES DUR-
ING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act is
amended—
(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
multiplying—
HR 80 IH1S
‘‘(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
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‘‘(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-