To amend title II of the Social Security Act to provide that the reductions in Social Security benefits which are required in the case of spouses and surviving spouses who are also receiving certain Government pensions shall be equal to the amount by which the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $2,000.

February 25, 2003

Mr. JEFFERSON (for himself, Mr. PAUL, Mr. KANJORSKI, Mr. TAUZIN, Ms. SCHAKOWSKY, Mr. WEXLER, Mr. DAVIS of Illinois, Mr. CROWLEY, Mr. FRANK of Massachusetts, Ms. ROYBAL-ALLARD, Mr. HINCHEY, Mr. NEAL of Massachusetts, Mr. GORDON, Mr. MCHUGH, Mr. OBERSTAR, Mr. VITTER, Mr. POMEROY, Mr. SERRANO, Mr. WYNN, Mr. DELAHUNT, Mr. KIND, Mr. FARR, Mr. MOORE, Mr. NADLER, Mr. WAXMAN, Mr. SMITH of Washington, Mr. SNYDER, Mr. CRAMER, Mr. BRADY of Pennsylvania, Mr. JOHN, Mr. ISRAEL, Mr. MEEHAN, Ms. SLAUGHTER, Mr. MCNULTY, Mr. HOLDEN, Mr. UDALL of New Mexico, Mr. RUSH, Mr. MCGOVERN, Mr. CAPUANO, Mr. MCDERMOTT, Mr. BERMAN, Ms. CARSON of Indiana, Ms. BALDWIN, Ms. WOOLSEY, Mrs. MCCARTHY of New York, Mr. BLUMENAUER, Mr. GRIJALVA, Mr. KENNEDY of Rhode Island, Mr. HOLT, Mr. SANDLIN, Mr. EVANS, Mr. RODRIGUEZ, Mr. BOYD, Mr. DEUTSCH, Mr. SANDERS, Ms. LINDA T. SANCHEZ of California, Mr. FORD, Mrs. CAPPS, Mr. ABERCROMBIE, Mr. BOSWELL, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. HALL, Mr. LANTOS, Mr. ALEXANDER, Mrs. MALONEY, Mr. ALLEN, Mr. BAKER, Mrs. CHRISTENSEN, Mr. MENENDEZ, Mr. PALLONE, Mr. DOOLEY of California, Mr. MCINTYRE, Mr. KILDEE, Mr. REYES, Mr. KLECZKA, Mr. ORTIZ, Mrs. WILSON of New Mexico, Mr. ROTHMAN, Mr. FOLEY, Mr. MICHAUD, Mr. COSTELLO, Mr. STRICKLAND, Mr. MARKEY, Mr. TOWNS, Mr. TURNER of Texas, Mr. ACKERMAN, Mr. WEINER, Mr. WILSON of South Carolina, Mr. TOOMEY, Mr. DOYLE, Mr. RAHALL, Mr. RANGEL, Mrs. JONES of Ohio, Mr. PICKERING, Mr. PRICE of North Carolina, and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on Ways and Means

To amend title II of the Social Security Act to provide that the reductions in Social Security benefits which are required in the case of spouses and surviving spouses who are also receiving certain Government pensions shall be equal to the amount by which the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $2,000.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. LIMITATION ON REDUCTIONS IN BENEFITS FOR SPOUSES AND SURVIVING SPOUSES RECEIVING GOVERNMENT PENSIONS.

(a) WIFE'S INSURANCE BENEFITS- Section 202(b)(4)(A) of the Social Security Act (42 U.S.C. 402(b)(4)(A)) is amended by striking `an amount equal to two thirds of the amount of' and inserting the following: `the government pension reduction amount (as defined in section 216(m)) determined in connection with'.

(b) HUSBAND'S INSURANCE BENEFITS- Section 202(c)(2)(A) of such Act (42 U.S.C. 402(c)(2)(A)) is amended by striking `an amount equal to two thirds of the amount of' and inserting the following: `the government pension reduction amount (as defined in section 216(m)) determined in connection with'.

(c) WIDOW'S INSURANCE BENEFITS- Section 202(e)(7)(A) of such Act (42 U.S.C. 402(e)(7)(A)) is amended by striking `an amount equal to two thirds of the amount of' and inserting the following: `the government pension reduction amount (as defined in section 216(m)) determined in connection with'.

(d) WIDOWER'S INSURANCE BENEFITS- Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by striking `an amount equal to two thirds of the amount of' and inserting the following: `the government pension reduction amount (as defined in section 216(m)) determined in connection with'.

(e) MOTHER'S AND FATHER'S INSURANCE BENEFITS- Section 202(g)(4)(A) of such Act (42 U.S.C. 402(g)(4)(A)) is amended by striking `an amount equal to two thirds of the amount of' and inserting the following: `the government pension reduction amount (as defined in section 216(m)) determined in connection with'.

(f) GOVERNMENT PENSION REDUCTION AMOUNT- Section 216 of such Act (42 U.S.C. 416) is amended by adding at the end the following new subsection:

`Government Pension Reduction Amount

`(m)(1) The term `government pension reduction amount' means, with respect to a benefit for any month, the lesser of--

`(A) the amount (if any) by which--

`(i) the sum of such benefit (before reduction under subsection (b)(4)(A), (c)(2)(A), (e)(7)(A), (f)(2)(A), or (g)(4)(A)) and the amount of any monthly periodic benefit payable to the beneficiary for such month which is based upon the beneficiary's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)), exceeds

`(ii) the reduction base amount, or

`(B) an amount equal to two-thirds of the amount of any such monthly periodic benefit.

`(2) For purposes of paragraph (1), the term `reduction base amount' means, in connection with a benefit for a month during any calendar year, the greater of--

`(A) $2,000, or

`(B) the amount determined under this paragraph in connection with benefits for months in the preceding calendar year, increased by the percent change described in section 8340(b) of title 5, United States Code (determined without regard to any other provision of law) taking effect on December 1 of such preceding calendar year.'.

SEC. 2. EFFECTIVE DATE.

The amendments made by section 1 shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act for months ending after the date of the enactment of this Act.

END