S. 2455Senate108th Congress (2003-2005)In Committee

Public Servant Retirement Protection Act

Introduced May 20, 2004

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S5954-5955)

May 20, 2004

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SenateIntro Referral

Introduced in Senate

May 20, 2004

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S5954-5955)

May 20, 2004

Floor Debate

22 members

What members said about S. 2455 on the floor

12 Republicans10 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 20, 2004

Mr. President, I rise today along with my colleague Senator Coleman to introduce the Internet Pharmacy Consumer Protection Act also called the ``Ryan Haight Act'', a bill which is vital to protect…

Mike DeWine
Sen. Mike DeWineR-OH · May 20, 2004

Mr. President, I ask unanimous consent that the Peace Corps Volunteers Health, Safety, and Security Act of 2004 be printed in the Record. Mr. President, today I join our colleague from Massachusetts,…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 20, 2004

Mr. President, I rise today with my friend and colleague, Senator Carper, to introduce the Postal Accountability and Enhancement Act of 2004, a bill designed to help the 225-year-old Postal Service…

John Warner
Sen. John WarnerR-VA · May 20, 2004

Mr. President, I rise today to introduce an important bill related to education and our national, homeland, and economic security. I am pleased to be joined in this bipartisan effort with Senators…

Norm Coleman
Sen. Norm ColemanR-MN · May 20, 2004

Mr. President, I rise to introduce two bills that expand Federal authority to prevent controlled substances from flooding into the U.S., authorizing states to shut down illegitimate virtual…

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John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 20, 2004

Mr. President, I am proud today to introduce the Community Security Act of 2004. This bill is intended to help prepare our Nation to cope with future disasters, as well as help the daily work of our…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 20, 2004

Mr. President, today, Senator DeWine and I are introducing legislation to give the Food and Drug Administration broad authority to regulate tobacco products for the protection of the public health.…

Christopher S. Bond
Sen. Christopher S. BondR-MO · May 20, 2004

Mr. President, today, I join my colleagues, Senators Harkin, Durbin, Talent, Grassley, Coleman, Fitzgerald and Pryor to introduce bipartisan legislation to provide transportation efficiency and…

Bill Nelson
Sen. Bill NelsonD-FL · May 20, 2004

Mr. President, I rise today to express my deep concern about an issue that illustrates the continuing erosion of Americans' privacy rights. My concern is related to the practice of outsourcing. When…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · May 20, 2004

Mr. President, I rise today to join my esteemed colleague from the State of Virginia, Senator Warner, in introducing The 21st Century Pell Grant Plus Act. This bill is intended to provide an…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · May 20, 2004

Mr. President, I would like to discuss legislation I am introducing that would protect ginseng farmers and consumers by ensuring that ginseng sold at retail discloses where the root was harvested.…

Tom Harkin
Sen. Tom HarkinD-IA · May 20, 2004

Mr. President, I rise to discuss a bipartisan measure on which I have worked closely with my colleague from Missouri, Senator Bond. The purpose of this bill is to expand the transportation…

Sam Brownback
Sen. Sam BrownbackR-KS · May 20, 2004

Mr. President, I rise today to introduce the bipartisan Unborn Child Pain Awareness Act, and I am joined by 22 original cosponsors. Unborn children can experience pain, and they can certainly respond…

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Harry Reid
Sen. Harry ReidD-NV · May 20, 2004

Mr. President, I rise today on behalf of myself and Senator Ensign to introduce the Nevada Mining Townsite Conveyance Act, which will address an important public land issue in rural Nevada. As you…

Jim Talent
Sen. Jim TalentR-MO · May 20, 2004

Mr. President, I rise today to as a cosponsor of legislation to modernize our aging waterways infrastructure on the Upper Mississippi River and the Illinois River. I am glad to join my colleague from…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · May 20, 2004

Mr. President, today the Washington Post reported that the United States Department of Agriculture secretly allowed American meatpackers to resume imports of ground and processed beef from Canada…

Peter Fitzgerald
Sen. Peter FitzgeraldR-IL · May 20, 2004

Mr. President, I rise today with Senator Bond in support of a bill to put into place recommendations by the Army Corps of Engineers for navigation capacity improvements and ecosystem restoration for…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 20, 2004

Mr. President, I am pleased to be an original cosponsor of bipartisan legislation to authorize the modernization of the lock and dam infrastructure and enhanced environmental restoration on the Upper…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · May 20, 2004

Mr. President, water is the life's blood for New Mexico. When the water dries up in New Mexico, so will many of its communities. As such, the scarcity of water in New Mexico is a dire situation.…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · May 20, 2004

Mr. President, I am pleased to join with Senator Collins and Senator Carper, who today have introduced the Postal Accountability and Enhancement Act. I commend both of my Governmental Affairs…

Ted Stevens
Sen. Ted StevensR-AK · May 20, 2004

Mr. President, I am pleased to join Chairman Collins and Senator Carper as an original cosponsor of S. 2468, the Postal Accountability and Enhancement Act. In 2002, the President formed a Commission…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · May 20, 2004

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · May 20, 2004

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued May 20, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2455 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2455

To amend title II of the Social Security Act to repeal the windfall
elimination provision and protect the retirement of public servants.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 20, 2004

Mrs. Hutchison introduced the following bill; which was read twice and
referred to the Committee on Finance

_______________________________________________________________________

A BILL

To amend title II of the Social Security Act to repeal the windfall
elimination provision and protect the retirement of public servants.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Public Servant Retirement Protection
Act''.

SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION PROVISION.

Paragraph (7) of section 215(a) of the Social Security Act (42
U.S.C. 415(a)(7)) is repealed.

SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION PROVISION WITH A
FORMULA EQUALIZING BENEFITS FOR CERTAIN INDIVIDUALS WITH
NON-COVERED EMPLOYMENT.

(a) Substitution of Proportional Formula for Formula Based on
Covered Portion of Periodic Benefit.--
(1) In general.--Section 215(a) of the Social Security Act
(as amended by section 2 of this Act) is amended further by
inserting after paragraph (6) the following new paragraph:
``(7)(A) In the case of an individual whose primary insurance
amount would be computed under paragraph (1) of this subsection, who--
``(i) attains age 62 after 1985 (except where he or she
became entitled to a disability insurance benefit before 1986
and remained so entitled in any of the 12 months immediately
preceding his or her attainment of age 62), or
``(ii) would attain age 62 after 1985 and becomes eligible
for a disability insurance benefit after 1985,
and who first becomes eligible after 1985 for a monthly periodic
payment (including a payment determined under subparagraph (E), but
excluding (I) a payment under the Railroad Retirement Act of 1974 or
1937, (II) a payment by a social security system of a foreign country
based on an agreement concluded between the United States and such
foreign country pursuant to section 233, and (III) a payment based
wholly on service as a member of a uniformed service (as defined in
section 210(m)) which is based in whole or in part upon his or her
earnings for service which did not constitute `employment' as defined
in section 210 for purposes of this title (hereafter in this paragraph
and in subsection (d)(3) referred to as `noncovered service'), the
primary insurance amount of that individual during his or her
concurrent entitlement to such monthly periodic payment and to old-age
or disability insurance benefits shall be computed or recomputed under
subparagraph (B) or subparagraph (D) (as applicable).
``(B) In the case of an individual who first performs service
described in subparagraph (A) after the 12th calendar month following
the date of the enactment of the Public Servant Retirement Protection
Act, if paragraph (1) of this subsection would apply to such individual
(except for subparagraph (A) of this paragraph), the individual's
primary insurance amount shall be the product derived by multiplying--
``(i) the individual's primary insurance amount, as
determined under paragraph (1) of this subsection and
subparagraph (C)(i) of this paragraph, by
``(ii) a fraction--
``(I) the numerator of which is the individual's
average indexed monthly earnings (determined without
regard to subparagraph (C)(i)), and
``(II) the denominator of which is an amount equal
to the individual's average indexed monthly earnings
(as determined under subparagraph (C)(i)),
rounded, if not a multiple of $0.10, to the next lower multiple of
$0.10.
``(C)(i) For purposes of determining an individual's primary
insurance amount pursuant to subparagraph (B)(i), the individual's
average indexed monthly earnings shall be determined by treating all
service performed after 1950 on which the individual's monthly periodic
payment referred to in subparagraph (A) is based (other than noncovered
service as a member of a uniformed service (as defined in section
210(m))) as `employment' as defined in section 210 for purposes of this
title (together with all other service performed by such individual
consisting of `employment' as so defined).
``(ii) For purposes of determining average indexed monthly earnings
as described in clause (i), the Commissioner of Social Security shall
provide by regulation for a method for determining the amount of wages
derived from service performed after 1950 on which the individual's
periodic benefit is based and which is to be treated as `employment'
solely for purposes of clause (i). Such method shall provide for
reliance on employment records which are provided to the Commissioner
and which constitute a reasonable basis for treatment of service as
`employment' for such purposes, together with such other information
received by the Commissioner as the Commissioner may consider
appropriate as a reasonable basis for treatment of service as
`employment' for such purposes.
``(D)(i) In the case of an individual who has performed service
described in subparagraph (A) during or before the 12th calendar month
following the date of the enactment of the Public Servant Retirement
Protection Act, if paragraph (1) of this subsection would apply to such
individual (except for subparagraph (A) of this paragraph), there shall
first be computed an amount equal to the individual's primary insurance
amount under paragraph (1) of this subsection, except that for purposes
of such computation the percentage of the individual's average indexed
monthly earnings established by subparagraph (A)(i) of paragraph (1)
shall be the percent specified in clause (ii). There shall then be
computed (without regard to this paragraph) a second amount, which
shall be equal to the individual's primary insurance amount under
paragraph (1) of this subsection, except that such second amount shall
be reduced by an amount equal to one-half of 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) and to which the individual
is entitled (or is deemed to be entitled) for the initial month of his
or her concurrent entitlement to such monthly periodic payment and old-
age or disability insurance benefits. There shall then be computed
(without regard to this paragraph) a third amount, which shall be equal
to the individual's primary insurance amount determined under
subparagraph (B) as if subparagraph (B) applied in the case of such
individual. The individual's primary insurance amount shall be the
largest of the three amounts computed under this subparagraph (before
the application of subsection (i)).
``(ii) For purposes of clause (i), the percent specified in this
clause is--
``(I) 80.0 percent with respect to individuals who become
eligible (as defined in paragraph (3)(B)) for old-age insurance
benefits (or became eligible as so defined for disability
insurance benefits before attaining age 62) in 1986;
``(II) 70.0 percent with respect to individuals who so
become eligible in 1987;
``(III) 60.0 percent with respect to individuals who so
become eligible in 1988;
``(IV) 50.0 percent with respect to individuals who so
become eligible in 1989; and
``(V) 40.0 percent with respect to individuals who so
become eligible in 1990 or thereafter.
``(E)(i) Any periodic payment which otherwise meets the
requirements of subparagraph (A), but which is paid on other than a
monthly basis, shall be allocated on a basis equivalent to a monthly
payment (as determined by the Commissioner of Social Security), and
such equivalent monthly payment shall constitute a monthly periodic
payment for purposes of this paragraph.
``(ii) In the case of an individual who has elected to receive a
periodic payment that has been reduced so as to provide a survivor's
benefit to any other individual, the payment shall be deemed to be
increased (for purposes of any computation under this paragraph or
subsection (d)(3) by the amount of such reduction.
``(iii) For purposes of this paragraph, the term `periodic payment'
includes a payment payable in a lump sum if it is a commutation of, or
a substitute for, periodic payments.
``(F)(i) Subparagraph (D) shall not apply in the case of an
individual who has 30 years or more of coverage. In the case of an
individual who has more than 20 years of coverage but less than 30
years of coverage (as so defined), the percent specified in the
applicable subdivision of subparagraph (D)(ii) shall (if such percent
is smaller than the applicable percent specified in the following
table) be deemed to be the applicable percent specified in the
following table:

``If the number of such             The applicable percent is:
individual's years of coverage
(as so defined) is:
29..............................  85 percent
28..............................   80 percent
27..............................   75 percent
26..............................   70 percent
25..............................  65 percent
24..............................   60 percent
23..............................  55 percent
22..............................  50 percent
21..............................  45 percent.

``(ii) For purposes of clause (i), the term `year of coverage'
shall have the meaning provided in paragraph (1)(C)(ii), except that
the reference to `15 percent' therein shall be deemed to be a reference
to `25 percent'.
``(G) An individual's primary insurance amount determined under
this paragraph shall be deemed to be computed under paragraph (1) of
this subsection for the purpose of applying other provisions of this
title.
``(H) This paragraph shall not apply in the case of an individual
whose eligibility for old-age or disability insurance benefits is based
on an agreement concluded pursuant to section 233 or an individual who
on January 1, 1984--
``(i) is an employee performing service to which social
security coverage is extended on that date solely by reason of
the amendments made by section 101 of the Social Security
Amendments of 1983; or
``(ii) is an employee of a nonprofit organization which (on
December 31, 1983) did not have in effect a waiver certificate
under section 3121(k) of the Internal Revenue Code of 1954 and
to the employees of which social security coverage is extended
on that date solely by reason of the amendments made by section
102 of that Act, unless social security coverage had previously
extended to service performed by such individual as an employee
of that organization under a waiver certificate which was
subsequently (prior to December 31, 1983) terminated.''.
(2) Conforming amendments.----
(A) Section 215(d)(3) of such Act (42 U.S.C.
415(d)(3)) is amended--
(i) by striking ``subsection (a)(7)(C)''
each place it appears and inserting
``subsection (a)(7)(E)'';
(ii) by striking ``subparagraph (E)'' and
inserting ``subparagraph (H)''; and
(iii) by striking ``subparagraph (D)'' and
inserting ``subparagraph (F)(i)''.
(B) Section 215(f)(9)(A) of such Act (42 U.S.C.
415(f)(9)(A)) is amended by striking ``(a)(7)(C)'' and
inserting ``(a)(7)(E)''.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to monthly
insurance benefits for months commencing with or after the 12th
calendar month following the date of the enactment of this Act.
Notwithstanding section 215(f) 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
this Act.
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