SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Notch Fairness Act 
of 2009’’. 
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE 
AMOUNT WHERE ELIGIBILITY ARISES DUR-
ING TRANSITIONAL PERIOD. 
(a) IN GENERAL.—Section 215(a) of the Social Secu-
rity Act is amended— 
(1) in paragraph (4)(B), by inserting ‘‘(with or 
without the application of paragraph (8))’’ after 
‘‘would be made’’, and by striking ‘‘1984’’ in clause 
(i) and inserting ‘‘1989’’; and 
(2) by adding at the end the following: 
‘‘(8)(A) In the case of an individual described in 
paragraph (4)(B) (subject to subparagraphs (F) and (G) 
of this paragraph), the amount of the individual’s primary 
insurance amount as computed or recomputed under para-
graph (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— 
‘‘(i) the excess under former law, by 
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‘‘(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 
The applicable 
eligible for such benefits in: 
percentage is: 
1979 ...................................................................................................
1980 ...................................................................................................
1981 ...................................................................................................
1982 ...................................................................................................
1983 ...................................................................................................
1984 ...................................................................................................
1985 ...................................................................................................
1986 ...................................................................................................
1987 ...................................................................................................
1988 ...................................................................................................
5. 
‘‘(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-
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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. 
‘‘(G)(i) This paragraph shall apply in the case of any 
individual subject to any timely election to receive lump 
sum payments under this subparagraph. 
‘‘(ii) A written election to receive lump sum payments 
under this subparagraph, in lieu of the application of this 
paragraph to the computation of the primary insurance 
amount of an individual described in paragraph (4)(B), 
may be filed with the Commissioner of Social Security in 
such form and manner as shall be prescribed in regula-
tions of the Commissioner. Any such election may be filed 
by such individual or, in the event of such individual’s 
death before any such election is filed by such individual, 
by any other beneficiary entitled to benefits under section 
202 on the basis of such individual’s wages and self-em-
ployment income. Any such election filed after December 
31, 2009, shall be null and void and of no effect. 
‘‘(iii) Upon receipt by the Commissioner of a timely 
election filed by the individual described in paragraph 
(4)(B) in accordance with clause (ii)— 
‘‘(I) the Commissioner shall certify receipt of 
such election to the Secretary of the Treasury, and 
the Secretary of the Treasury, after receipt of such 
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certification, 
shall 
pay 
such 
individual, 
from 
amounts in the Federal Old-Age and Survivors In-
surance Trust Fund, a total amount equal to 
$5,000, in 4 annual lump sum installments of 
$1,250, the first of which shall be made during fis-
cal year 2010 not later than July 1, 2010, and 
‘‘(II) subparagraph (A) shall not apply in deter-
mining such individual’s primary insurance amount. 
‘‘(iv) Upon receipt by the Commissioner as of Decem-
ber 31, 2009, of a timely election filed in accordance with 
clause (ii) by at least one beneficiary entitled to benefits 
on the basis of the wages and self-employment income of 
a deceased individual described in paragraph (4)(B), if 
such deceased individual has filed no timely election in ac-
cordance with clause (ii)— 
‘‘(I) the Commissioner shall certify receipt of all 
such elections received as of such date to the Sec-
retary of the Treasury, and the Secretary of the 
Treasury, after receipt of such certification, shall 
pay each beneficiary filing such a timely election, 
from amounts in the Federal Old-Age and Survivors 
Insurance Trust Fund, a total amount equal to 
$5,000 (or, in the case of 2 or more such bene-
ficiaries, such amount distributed evenly among such 
beneficiaries), in 4 equal annual lump sum install-
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ments, the first of which shall be made during fiscal 
year 2010 not later than July 1, 2010, and 
‘‘(II) solely for purposes of determining the 
amount of such beneficiary’s benefits, subparagraph 
(A) shall be deemed not to apply in determining the 
deceased individual’s primary insurance amount.’’. 
(b) EFFECTIVE DATE AND RELATED RULES.— 
(1) APPLICABILITY OF AMENDMENTS.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), the amendments made by this 
Act shall be effective as though they had been 
included or reflected in section 201 of the So-
cial Security Amendments of 1977. 
(B) APPLICABILITY.—No monthly benefit 
or primary insurance amount under title II of 
the Social Security Act shall be increased by 
reason of such amendments for any month be-
fore July 2010. 
(2) RECOMPUTATION TO REFLECT BENEFIT IN-
CREASES.—In any case in which an individual is en-
titled to monthly insurance benefits under title II of 
the Social Security Act for June 2010, if such bene-
fits are based on a primary insurance amount com-
puted— 
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