I 
113TH CONGRESS 
1ST SESSION 
H. R. 649 
To amend title II of the Social Security Act and the Internal Revenue 
Code of 1986 to make improvements in the old-age, survivors, and 
disability insurance program, to provide for cash relief for years for 
which annual COLAs do not take effect under certain cash benefit 
programs, and to provide for Social Security benefit protection. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2013 
Mr. DEUTCH (for himself, Ms. KAPTUR, Ms. SCHAKOWSKY, Ms. PINGREE of 
Maine, Mr. CICILLINE, and Mr. LANGEVIN) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Education and the Workforce, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend title II of the Social Security Act and the Internal 
Revenue Code of 1986 to make improvements in the 
old-age, survivors, and disability insurance program, to 
provide for cash relief for years for which annual COLAs 
do not take effect under certain cash benefit programs, 
and to provide for Social Security benefit protection. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may cited as the ‘‘Pro-
tecting and Preserving Social Security Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
TITLE I—COST-OF-LIVING INCREASES 
Sec. 101. Consumer price index for elderly consumers. 
Sec. 102. Computation of cost-of-living increases. 
TITLE II—CONTRIBUTION AND BENEFIT FAIRNESS 
Sec. 201. Determination of wages and self-employment income above contribu-
tion and benefit base after 2013. 
Sec. 202. Inclusion of surplus earnings in social security benefit formula. 
TITLE I—COST-OF-LIVING 
INCREASES 
SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CON-
SUMERS. 
(a) IN GENERAL.—The Bureau of Labor Statistics 
of the Department of Labor shall prepare and publish an 
index for each calendar month to be known as the ‘‘Con-
sumer Price Index for Elderly Consumers’’ that indicates 
changes over time in expenditures for consumption which 
are typical for individuals in the United States who are 
62 years of age or older. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to calendar months ending on or after July 
31 of the calendar year following the calendar year in 
which this Act is enacted. 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out the provisions of this section. 
SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES. 
(a) IN GENERAL.—Section 215(i) of the Social Secu-
rity Act (42 U.S.C. 415(i)) is amended— 
(1) in paragraph (1)(G), by inserting before the 
period the following: ‘‘, and, solely with respect to 
any monthly insurance benefit payable under this 
title to an individual who has attained age 62, effec-
tive for adjustments under this subsection to the pri-
mary insurance amount on which such benefit is 
based (or to any such benefit under section 227 or 
228) occurring after such individual attains such 
age, the applicable Consumer Price Index shall be 
deemed to be the Consumer Price Index for Elderly 
Consumers and such primary insurance amount 
shall be deemed adjusted under this subsection using 
such Index’’; and 
(2) in paragraph (4), by striking ‘‘and by sec-
tion 9001’’ and inserting ‘‘, by section 9001’’, and 
by inserting after ‘‘1986,’’ the following: ‘‘and by 
section 102 of the Protecting and Preserving Social 
Security Act,’’. 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
(b) CONFORMING
AMENDMENTS
IN
APPLICABLE 
FORMER LAW.—Section 215(i)(1)(C) of such Act, as in 
effect in December 1978 and applied in certain cases 
under the provisions of such Act in effect after December 
1978, is amended by inserting before the period the fol-
lowing: ‘‘, and, solely with respect to any monthly insur-
ance benefit payable under this title to an individual who 
has attained age 62, effective for adjustments under this 
subsection to the primary insurance amount on which such 
benefit is based (or to any such benefit under section 227 
or 228) occurring after such individual attains such age, 
the applicable Consumer Price Index shall be deemed to 
be the Consumer Price Index for Elderly Consumers and 
such primary insurance amount shall be deemed adjusted 
under this subsection using such Index’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to determinations made with re-
spect to cost-of-living computation quarters (as defined in 
section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 
415(i)(1)(B))) ending on or after September 30 of the sec-
ond calendar year following the calendar year in which this 
Act is enacted. 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
TITLE II—CONTRIBUTION AND 
BENEFIT FAIRNESS 
SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOY-
MENT INCOME ABOVE CONTRIBUTION AND 
BENEFIT BASE AFTER 2013. 
(a) DETERMINATION OF WAGES ABOVE CONTRIBU-
TION AND BENEFIT BASE AFTER 2013.— 
(1) AMENDMENTS TO THE INTERNAL REVENUE 
CODE OF 1986.—Section 3121 of the Internal Rev-
enue Code of 1986 is amended— 
(A) in subsection (a)(1), by inserting ‘‘the 
applicable percentage (determined under sub-
section (c)(1)) of’’ before ‘‘that part of the re-
muneration’’; and 
(B) in subsection (c), by striking ‘‘(c) IN-
CLUDED AND EXCLUDED SERVICE.—For pur-
poses of this chapter, if’’ and inserting the fol-
lowing: 
‘‘(c) SPECIAL RULES
FOR WAGES
AND EMPLOY-
MENT.— 
‘‘(1) APPLICABLE PERCENTAGE OF REMUNERA-
TION
IN
DETERMINING
WAGES.—For purposes of 
paragraph (1) of subsection (a), the applicable per-
centage for a calendar year, in connection with any 
calendar year referred to in such subparagraph, 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
shall be the percentage determined in accordance 
with the following table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2014 .....................................................................
86%
Calendar year 2015 .....................................................................
71%
Calendar year 2016 .....................................................................
57%
Calendar year 2017 .....................................................................
43%
Calendar year 2018 .....................................................................
29%
Calendar year 2019 .....................................................................
14%
Calendar years after 2019 ...........................................................
0%. 
‘‘(2) INCLUDED AND EXCLUDED SERVICE.—For 
purposes of this chapter, if’’. 
(2) AMENDMENTS
TO
THE
SOCIAL
SECURITY 
ACT.—Section 209 of the Social Security Act (42 
U.S.C. 409) is amended— 
(A) in subsection (a)(1)(I)— 
(i) by inserting ‘‘and before 2014’’ 
after ‘‘1974’’; and 
(ii) by inserting ‘‘and’’ after the semi-
colon; 
(B) in subsection (a)(1), by adding at the 
end the following new subparagraph: 
‘‘(J) The applicable percentage (deter-
mined under subsection (l)) of that part of re-
muneration which, after remuneration (other 
than remuneration referred to in the succeeding 
subsections of this section) equal to the con-
tribution and benefit base (determined under 
section 230) with respect to employment has 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
been paid to an individual during any calendar 
year after 2013 with respect to which such con-
tribution and benefit base is effective, is paid to 
such individual during such calendar year;’’; 
and 
(C) by adding at the end the following new 
subsection: 
‘‘(l) For purposes of subparagraph (J) of subsection 
(a)(1), the applicable percentage for a calendar year, in 
connection with any calendar year referred to in such sub-
paragraph, shall be the percentage determined in accord-
ance with the following table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2014 .....................................................................
86%
Calendar year 2015 .....................................................................
71%
Calendar year 2016 .....................................................................
57%
Calendar year 2017 .....................................................................
43%
Calendar year 2018 .....................................................................
29%
Calendar year 2019 .....................................................................
14%
Calendar years after 2019 ...........................................................
0%.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to remu-
neration paid in calendar years after 2013. 
(b) DETERMINATION
OF SELF-EMPLOYMENT IN-
COME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 
2013.— 
(1) AMENDMENTS TO THE INTERNAL REVENUE 
CODE OF 1986.—Section 1402 of the Internal Rev-
enue Code of 1986 is amended— 
VerDate Mar 15 2010 
01:21 Feb 22, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
(A) in subsection (b)(1), by inserting ‘‘an 
amount equal to the applicable percentage (as 
determined under subsection (d)(2)) of’’ before 
‘‘that part of the net earnings from self-employ-
ment’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘(d) EMPLOYEE AND 
WAGES.—The term’’ and inserting the fol-
lowing: 
‘‘(d) RULES AND DEFINITIONS.— 
‘‘(1) EMPLOYEE AND WAGES.—The term’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(2) APPLICABLE PERCENTAGE OF NET EARN-
INGS
FROM
SELF-EMPLOYMENT
IN
DETERMINING 
SELF-EMPLOYMENT INCOME.—For purposes of para-
graph (1) of subsection (b), the applicable percent-
age for a taxable year beginning in any calendar 
year referred to in such paragraph shall be the per-
centage determined in accordance with the following 
table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2014 .....................................................................
86%
Calendar year 2015 .....................................................................
71%
Calendar year 2016 .....................................................................
57%
Calendar year 2017 .....................................................................
43%
Calendar year 2018 .....................................................................
29%
Calendar year 2019 .....................................................................
14%
Calendar years after 2019 ...........................................................
0%.’’. 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6211
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
(2) AMENDMENTS
TO
THE
SOCIAL
SECURITY 
ACT.—Section 211 of the Social Security Act (42 
U.S.C. 411) is amended— 
(A) in subsection (b)(1)(I)— 
(i) by striking ‘‘or’’ after the semi-
colon; and 
(ii) by inserting ‘‘and before 2014’’ 
after ‘‘1974’’; 
(B) in subsection (b)— 
(i) by redesignating paragraph (2) as 
paragraph (3); and 
(ii) by inserting after paragraph (1) 
the following: 
‘‘(2) For any taxable year beginning in any cal-
endar year after 2013, an amount equal to the appli-
cable percentage (as determined under subsection 
(l)) of that part of net earnings from self-employ-
ment which is in excess of (A) an amount equal to 
the contribution and benefit base (determined under 
section 230) that is effective for such calendar year, 
minus (B) the amount of the wages paid to such in-
dividual during such taxable year; or’’; and 
(C) by adding at the end the following: 
‘‘(l) For purposes of paragraph (2) of subsection (b), 
the applicable percentage for a taxable year beginning in 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
any calendar year referred to in such paragraph, shall be 
the percentage determined in accordance with the fol-
lowing table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2014 .....................................................................
86%
Calendar year 2015 .....................................................................
71%
Calendar year 2016 .....................................................................
57%
Calendar year 2017 .....................................................................
43%
Calendar year 2018 .....................................................................
29%
Calendar year 2019 .....................................................................
14%
Calendar years after 2019 ...........................................................
0%.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to taxable 
years beginning during or after calendar year 2014. 
SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SE-
CURITY BENEFIT FORMULA. 
(a) INCLUSION
OF SURPLUS AVERAGE INDEXED 
MONTHLY EARNINGS IN DETERMINATION OF PRIMARY 
INSURANCE AMOUNTS.— 
(1) IN GENERAL.—Section 215(a)(1)(A) of the 
Social Security Act (42 U.S.C. 415(a)(1)(A)) is 
amended— 
(A) in clauses (i), (ii), and (iii), by insert-
ing ‘‘basic’’ before ‘‘average indexed monthly 
earnings’’ each place it appears; 
(B) in clause (ii), by striking ‘‘and’’ at the 
end; and 
(C) by inserting after clause (iii) the fol-
lowing new clauses: 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
‘‘(iv) 3 percent of the individual’s surplus aver-
age indexed monthly earnings to the extent such 
surplus average indexed monthly earnings do not ex-
ceed the excess of the amount established for pur-
poses of this clause by subparagraph (B) over 1⁄12 
of the contribution and benefit base for the last of 
such individual’s computation base years, and 
‘‘(v) 0.25 percent of the sum of the individual’s 
surplus average indexed monthly earnings plus 1⁄12 
of the contribution and benefit base for the last of 
such individual’s computation base years, to the ex-
tent such sum exceeds the amount established for 
purposes of clause (iv) by subparagraph (B).’’. 
(2) BEND POINT FOR SURPLUS EARNINGS.— 
Section 215(a)(1)(B) of such Act (42 U.S.C. 
415(a)(1)(B)) is amended— 
(A) in clause (ii), by striking ‘‘the amounts 
so established’’ and inserting ‘‘the amounts es-
tablished for purposes of clauses (i) and (ii) of 
subparagraph (A)’’; 
(B) by redesignating clause (iii) as clause 
(v); 
(C) in clause (v) (as redesignated), by in-
serting ‘‘or (iv)’’ after ‘‘clause (ii)’’; and 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
(A) by inserting ‘‘basic’’ before ‘‘average’’; 
and 
(B) in subparagraph (A), by striking 
‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(3)(A)’’ and by inserting before the comma the 
following: ‘‘to the extent such total does not ex-
ceed the contribution and benefit base for the 
applicable year’’. 
(2) SURPLUS AIME.— 
(A) IN
GENERAL.—Section 215(b)(1) of 
such Act (as amended by paragraph (1)) is 
amended— 
(i) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; 
(ii) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(B)(i) An individual’s surplus average indexed 
monthly earnings shall be equal to the quotient obtained 
by dividing— 
‘‘(I) the total (after adjustment under para-
graph (3)(B)) of such individual’s surplus earnings 
(determined under clause (ii)) for such individual’s 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
benefit computation years (determined under para-
graph (2)), by 
‘‘(II) the number of months in those years. 
‘‘(ii) For purposes of clause (i) and paragraph (3)(B), 
an individual’s surplus earnings for a benefit computation 
year are the total of such individual’s wages paid in and 
self-employment income credited to such benefit computa-
tion year, to the extent such total (before adjustment 
under paragraph (3)(B)) exceeds the contribution and 
benefit base for such year.’’. 
(B) 
CONFORMING
AMENDMENT.—The 
heading for section 215(b) of such Act is 
amended by striking ‘‘Average Indexed Monthly 
Earnings’’ and inserting ‘‘Basic Average In-
dexed Monthly Earnings; Surplus Average In-
dexed Monthly Earnings’’. 
(3) ADJUSTMENT OF SURPLUS EARNINGS FOR 
PURPOSES OF DETERMINING SURPLUS AIME.—Sec-
tion 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is 
amended— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph 
(C)’’ and by inserting ‘‘and determination of 
basic average indexed monthly income’’ after 
‘‘paragraph (2)’’; 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) For purposes of determining under paragraph 
(1)(B) an individual’s surplus average indexed monthly 
earnings, the individual’s surplus earnings (described in 
paragraph (2)(B)(ii)) for a benefit computation year shall 
be deemed to be equal to the product of— 
‘‘(i) the individual’s surplus earnings for such 
year (as determined without regard to this subpara-
graph), and 
‘‘(ii) the quotient described in subparagraph 
(A)(ii).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to individuals who ini-
tially become eligible (within the meaning of section 
215(a)(3)(B) of the Social Security Act) for old-age or dis-
ability insurance benefits under title II of the Social Secu-
rity Act, or who die (before becoming eligible for such ben-
efits), in any calendar year after 2013. 
Æ 
VerDate Mar 15 2010 
22:24 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H649.IH
H649
TKELLEY on DSK3SPTVN1PROD with BILLS