S. 426Senate111th Congress (2009-2011)In Committee

Social Security Solvency Act of 2009

Introduced February 12, 2009

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

February 12, 2009

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SenateIntro Referral

Introduced in Senate

February 12, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2236-2239, S2239)

February 12, 2009

SenateIntro Referral

Read twice and referred to the Committee on Finance.

February 12, 2009

Floor Debate

23 members

What members said about S. 426 on the floor

14 Republicans9 Democrats
Byron L. Dorgan
Sen. Byron L. DorganD-ND · Feb 12, 2009

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak in morning business for 20 minutes. Mr. President, there has…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Feb 12, 2009

Mr. President, I rise to express my opposition to the conference report that has been granted and put together accompanying the American recovery and Reinvestment Act of 2009, more commonly known as…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Feb 12, 2009

Mr. President, we are awaiting the conference report on the stimulus package. The papers and the airwaves are full of the fact that this will be the largest expenditure we have made in peacetime…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Feb 12, 2009

Mr. President, we are awaiting the conference report on the stimulus package. The papers and the airwaves are full of the fact that this will be the largest expenditure we have made in peacetime…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 12, 2009

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I have been listening to the criticisms of the recovery and reinvestment plan from the other…

Show 8 more
John Thune
Sen. John ThuneR-SD · Feb 12, 2009

Mr. President, I appreciate the Senator from Tennessee yielding and the comments of my colleague from Wyoming in focusing this debate where it should be, on things that are actually stimulus, that…

James M. Inhofe
Sen. James M. InhofeR-OK · Feb 12, 2009

Mr. President, today I am introducing a bill to reauthorize the Economic Development Administration, EDA. EDA works with partners in economically distressed communities to create wealth and minimize…

Robert Menendez
Sen. Robert MenendezD-NJ · Feb 12, 2009

Mr. President, I understand we are in morning business for up to 10 minutes. Mr. President, I ask unanimous consent to speak for up to 15 minutes. Mr. President, what we are debating in the Senate is…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Feb 12, 2009

Mr. President, the stimulus bill is the subject of discussion. There are some things we know about it and some we don't. We know, for example, it is a massive amount of money, almost $800 billion.…

Jeff Sessions
Sen. Jeff SessionsR-AL · Feb 12, 2009

Mr. President, I thank the Senator from Georgia for his excellent comments about the housing proposal offered by our colleague, Senator Isakson. I thought it was a good idea when he first brought it…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 12, 2009

Mr. President, we have seen a whirlwind of activity on this so-called economic stimulus package. We began by watching the partisanship in the House prevail, where the House passed a package strictly…

Tom Udall
Sen. Tom UdallD-NM · Feb 12, 2009

Mr. President, I rise to introduce legislation to establish a Federal renewable electricity standard. Before I talk about what that will do, let me tell you a little bit about the people it will…

Tom Coburn
Sen. Tom CoburnR-OK · Feb 12, 2009

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I wanted to spend a few minutes this evening talking about what we think, what we think--I am…

Show 11 more
Mel Martinez
Sen. Mel MartinezR-FL · Feb 12, 2009

Madam President, I wish to speak on the pending matter, which is the so-called stimulus plan, with great concern about where we are. As we hear, the plan has been agreed to and the package is being…

Jon Kyl
Sen. Jon KylR-AZ · Feb 12, 2009

Mr. President, we do not know yet. I received an e-mail that said the Speaker of the House would be holding a press conference sometime in about an hour. I assume that, therefore, by then they will…

Sam Brownback
Sen. Sam BrownbackR-KS · Feb 12, 2009

Mr. President, I want to join my colleagues and discuss the spending package that will be back in front of us--the $800 billion but, with interest, probably $1.2 trillion, which will be in the…

James E. Risch
Sen. James E. RischR-ID · Feb 12, 2009

Mr. President, first, let me say to my distinguished colleague from New Jersey, I sincerely appreciate his passion about this problem. I think everyone on this side of the aisle likewise feels as…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Feb 12, 2009

Mr. President, I rise to discuss the economic stimulus plan, and I rise in dismay. I am dismayed because we are about to spend $786 billion--or whatever the latest figure is that keeps changing…

Ron Wyden
Sen. Ron WydenD-OR · Feb 12, 2009

Madam President, in the course of debating the economic stimulus legislation, every Senator I have talked to has been interested in trying to find savings to keep down the cost of the economic…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Feb 12, 2009

Mr. President, I am pleased to join with Senator McCain in introducing a bill to amend the Morris K. Udall Scholarship and Excellence in National Environmental Policy Act, both to enhance the Udall…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Feb 12, 2009

Mr. President, I am proud to reintroduce the Uniting American Families Act. This legislation will allow U.S. citizens and legal permanent residents to petition for their foreign same-sex partners to…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Feb 12, 2009

Mr. President, I rise today to introduce, along with my colleague Senator Grassley, the EAT SAFE Act of 2009. Our bill is an important piece of foodsafety legislation that brings common sense…

John Barrasso
Sen. John BarrassoR-WY · Feb 12, 2009

Well, Mr. President, that is my biggest concern. I make a point of getting home to Wyoming every weekend. I have been to Wyoming just last weekend and the weekend before that and the weekend before…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Feb 12, 2009

Mr. President, this is an important day for Congress, for veterans, and their families. Today we take another step towards securing timely, predictable funding for the Veterans Health Care system.…

Bill Text

Latest available legislative text

Reading Mode
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Introduced in SenateIssued February 12, 2009

II

111th CONGRESS

1st Session

S. 426

IN THE SENATE OF THE UNITED STATES

February 12, 2009

Mr. Bennett 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 provide for progressive indexing and longevity indexing of Social Security old-age insurance benefits for newly retired and aged surviving spouses to ensure the future solvency of the Social Security program, and for other purposes.

1.

Short title

This Act may be cited as the Social Security Solvency Act of 2009.

2.

Progressive indexing of benefits for old-age insurance benefits

(a)

In general

Section 215(a) of the Social Security Act (42 U.S.C. 415(a)) is amended—

(1)

by striking The in paragraph (1)(A) and inserting With respect to any benefit other than an applicable benefit to which paragraph (2) applies, the, and

(2)

by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively, and by inserting after paragraph (1) the following new paragraph:

(2)
(A)

In the case of an applicable benefit with respect to any individual who initially becomes eligible for old-age insurance benefits or who dies (before becoming eligible for such benefits) in calendar year 2012 or later, the primary insurance amount of the individual shall be equal to the sum of—

(i)

90 percent of the individual's average indexed monthly earning (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of paragraph (1)(A)(i) by paragraph (1)(B);

(ii)

32 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of paragraph (1)(A)(i) by paragraph (1)(B) but do not exceed the amount established for purposes of this clause by subparagraph (B);

(iii)

32 percent (reduced as provided in subparagraph (C)) of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii) but do not exceed the amount established for purposes of paragraph (1)(A)(ii) by paragraph (1)(B); and

(iv)

15 percent (reduced as provided in subparagraph (C)) of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of paragraph (1)(A)(ii) by paragraph (1)(B).

(B)
(i)

For purposes of subparagraph (A)(ii), the amount established under this subparagraph for calendar year 2012 shall be the level of average indexed monthly earnings determined by the Chief Actuary of the Social Security Administration under clause (ii) as being at the 30th percentile for the period of calendar years 2001 through 2003.

(ii)

For purposes of clause (i), the average indexed monthly earnings for the period of calendar years 2001 through 2003 shall be determined by—

(I)

determining the average indexed monthly earnings for each individual who initially became eligible for old-age insurance benefits or who died (before becoming eligible for such benefits) during such period, except that in determining such average indexed monthly earnings under subsection (b), subsection (b)(3)(A)(ii)(I) shall be applied by substituting calendar year 2000 for the second calendar year described in such subsection; and

(II)

multiplying the amount determined for each individual under subclause (I) by the quotient obtained by dividing the national average wage index (as defined in section 209(k)(1)) for the calendar year 2010 by such index for the calendar year 2000.

(iii)

For purposes of subparagraph (A)(ii), the amount established under this subparagraph for any calendar year after 2012 shall be equal to the product of the amount in effect under clause (i) with respect to calendar year 2012 and the quotient obtained by dividing—

(I)

the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is being made, by

(II)

the national average wage index (as so defined) for 2010.

(iv)

The amount established under this subparagraph for any calendar year shall be rounded to the nearest $1, except that any amount so established which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1.

(C)
(i)

Except as provided in clause (ii), in the case of any calendar year after 2011, each of the percentages to which this subparagraph applies by reason of clauses (iii) or (iv) of subparagraph (A) shall be a percentage equal to such percentage multiplied by the quotient obtained by dividing—

(I)

the difference of the maximum CPI-indexed benefit amount for such year over the amount determined under this paragraph for an individual whose average indexed monthly earnings are equal to the amount established for purposes of subparagraph (A)(ii) for such year, by

(II)

the difference of the maximum wage-indexed benefit amount for such year over the amount determined under this paragraph for an individual whose average indexed monthly earnings are equal to the amount established for purposes of subparagraph (A)(ii) for such year.

(ii)
(I)

In the case of any calendar year which is a positive balance year, clause (i) shall not apply and each of the percentages to which this subparagraph applies by reason of clause (iii) or (iv) of subparagraph (B) shall be a percentage equal to the percentage determined under this subparagraph for the preceding year (determined after the application of this subparagraph).

(II)

In the case of any calendar year after a positive balance year which is not a positive balance year, this subparagraph shall be applied by substituting the second calendar year preceding the most recent positive balance year for 2009 each place it appears in clause (iv).

(iii)

For purposes of clause (i), the maximum wage-indexed benefit amount for any calendar year shall be equal to the amount determined under this paragraph (determined without regard to any reduction under this subparagraph) for an individual with wages paid in and self-employment income credited to each computation base year in an amount equal to the contribution and benefit base for each calendar year.

(iv)

For purposes of clause (i), the maximum CPI-indexed benefit amount for any calendar year shall be an amount equal to the amount determined under clause (iii) for such year multiplied by a fraction—

(I)

the numerator of which is the ratio (rounded to the nearest one-thousandth of 1 percent) of the Consumer Price Index for the second preceding year to such index for 2009; and

(II)

the denominator of which is the ratio (rounded to the nearest one-thousandth of 1 percent) of the national wage index (as defined in section 209(k)(1)) for the second year preceding such year to such index for 2009.

(v)
(I)

For purposes of clause (i), a positive balance year is a calendar year following any calendar year after 2050 for which the Chief Actuary of the Social Security Administration certifies to the Secretary of the Treasury and the Congress that the combined balance ratio of the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund is not less than 100 percent for such year.

(II)

For purposes of subclause (I), the combined balance ratio of the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund for any calendar year is the ratio of the combined balance of such Trust Funds as of the last day of such calendar year (reduced by any transfer made pursuant to section 201(o) in such calendar year) to the amount estimated by the Commissioner of Social Security under section 201(l)(3)(B)(iii)(II) to be paid from such Trust Funds during the calendar year following such calendar year for all purposes authorized by section 201 (determined as if such following calendar year were a positive balance year).

(D)

For purposes of this paragraph, rules similar to the rules of subparagraphs (C) and (D) of paragraph (1) shall apply.

(E)

For purposes of this paragraph, the term applicable benefit means any benefit under section 202 other than—

(i)

a child's insurance benefit under section 202(d) with respect to a child of an individual who has died;

(ii)

a widow's insurance benefit under section 202(e) with respect to a widow who has not attained age 60 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in section 202(e)(4);

(iii)

a widower's insurance benefit under section 202(f) with respect to a widower who has not attained age 60 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in section 202(f)(4); and

(iv)

a mother's and father's insurance benefit under section 202(g).

.

(b)

Conforming amendments

(1)

Subsections (e)(2)(B)(i)(I) and (f)(2)(B)(i)(I) of section 202 of the Social Security Act are each amended by inserting or section 215(a)(2)(B)(iii) after section 215(a)(1)(B)(i) and (ii).

(2)

Section 203(a)(1) of such Act is amended—

(A)

in subparagraph (A)(i), by striking 215(a)(2)(B)(i) and inserting 215(a)(3)(B)(i);

(B)

in subparagraph (A)(ii), by striking 215(a)(2)(C) and inserting 215(a)(3)(C); and

(C)

in subparagraph (B)(ii), by striking 215(a)(2) and inserting 215(a)(3).

(3)

Section 209(k)(1) of such Act is amended by inserting 215(a)(2)(B), 215(a)(2)(C), after 215(a)(1)(D),.

(4)

Section 215(a) of such Act is amended—

(A)

in paragraph (4)(A), as redesignated by paragraph (2), by striking paragraph (4) and inserting paragraph (5);

(B)

in paragraph (4)(B), as redesignated by paragraph (2), by striking paragraph (2)(A) and inserting paragraph (3)(A);

(C)

in paragraph (5), as redesignated by paragraph (2), by striking paragraph (3)(A) and inserting paragraph (4)(A);

(D)

in paragraph (6)(A), as redesignated by paragraph (2), by striking paragraph (4)(B) and inserting paragraph (5)(B); and

(E)

in paragraph (8)(B)(ii)(I), as redesignated by paragraph (2), by striking paragraph (3)(B) and inserting paragraph (4)(B).

(5)

Section 215(d)(3) of such Act is amended—

(A)

by striking paragraph (4)(B)(ii) and inserting paragraph (5)(B)(ii); and

(B)

by striking subsection (a)(7)(C) and inserting subsection (a)(8)(C).

(6)

Subsection 215(f) of such Act is amended—

(A)

in paragraph (2)(B), by striking subsection (a)(4)(B) and inserting subsection (a)(5)(B);

(B)

in paragraph (7), by striking subsection (a)(6) and inserting subsection (a)(7);

(C)

in paragraph (9)(A)—

(i)

by striking subsection (a)(7)(A) and inserting subsection (a)(8)(A); and

(ii)

by striking subsection (a)(7)(C) and inserting subsection (a)(8)(C); and

(D)

in paragraph (9)(B), by striking subsection (a)(7) each place it appears and inserting subsection (a)(8).

3.

Modification of PIA factors to reflect changes in life expectancy

(a)

Modification

(1)

In general

Section 215(a)(2) of the Social Security Act (42 U.S.C. 415(a)(2)), as added by this Act, is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph:

(D)
(i)

For individuals who initially become eligible for old-age insurance benefits (or who die before becoming eligible for such benefits) in any calendar year after 2017, each of the percentages used for purposes of clauses (i), (ii), (iii), and (iv) of subparagraph (A) (after the application of subparagraph (C) in the case of subclauses (iii) and (iv) of subparagraph (A)) shall be multiplied by the life expectancy ratio for such calendar year.

(ii)

The Commissioner of Social Security shall, through the Chief Actuary of the Social Security Administration, using generally accepted actuarial principles, determine and publish in the Federal Register on or before November 1 of each calendar year the life expectancy ratio for the following calendar year.

(iii)

For purposes of this subparagraph, the life expectancy ratio for any calendar year is the ratio of—

(I)

the period life expectancy based on the computed death rates for 2013 of an individual at age 67, to

(II)

the period life expectancy of an individual at such age based on the computed death rates for the fourth calendar year preceding the calendar year for which the life expectancy ratio is determined under clause (ii).

.

(2)

Conforming amendment

Clauses (iii) and (iv) of section 215(a)(2)(A) of the Social Security Act, as added by this Act, are each amended by striking subparagraph (C) and inserting subparagraphs (C) and (F).

(b)

Study regarding life expectancy of disabled beneficiaries

(1)

In general

The Commissioner of Social Security shall conduct a study on the feasibility of creating a separate life expectancy ratio under section 215(a)(2)(D) of the Social Security Act for individuals attaining early retirement age who are receiving disability insurance benefits under title II of such Act on the date the individual attains such age.

(2)

Report

Not later than 1 year after the date of the enactment of this Act, the Commissioner shall submit to Congress a report on the results of the study under paragraph (1).

4.

Treatment of disabled beneficiaries

Section 215(a) of the Social Security Act (42 U.S.C. 415(a)), as amended by sections 2 and 3, is amended by adding at the end the following new paragraph:

(9)
(A)

Notwithstanding the preceding provisions of this subsection, in the case of an individual who has or has had a period of disability and who initially becomes eligible for old-age insurance benefits or who dies (before becoming eligible for such benefits) in any calendar year in or after 2012, the primary insurance amount of such individual shall be the sum of—

(i)

the amount determined under subparagraph (B); and

(ii)

the product derived by multiplying—

(I)

the excess of the amount determined under subparagraph (C) over the amount determined under subparagraph (B), by

(II)

the adjustment factor for such individual determined under subparagraph (D).

(B)

The amount determined under this subparagraph is the amount of such individual’s primary insurance amount as determined under this section without regard to this paragraph.

(C)

The amount determined under this subparagraph is the amount of such individual’s primary insurance amount as determined under this section as in effect with respect to individuals becoming eligible for old-age or disability insurance benefits under section 202(a) in 2008.

(D)

The adjustment factor determined under this subparagraph for any individual is the ratio (not greater than 1) of—

(i)

the total number of months during which such individual is under a disability (as defined in section 223(d)) during the period beginning on the date the individual attains age 22 and ending on the first day of such individual’s first month of eligibility for old-age insurance benefits under section 202(a) (or, if earlier, the month of such individual’s death), to

(ii)

the number of months during the period beginning on the date the individual attains age 22 and ending on the first day of such individual’s first month of eligibility for old-age insurance benefits under section 202(a) (or, if earlier, the month of such individual’s death).

.

5.

Acceleration of increase in retirement age

(a)

Increase in retirement age to 67

Section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)) is amended—

(1)

in subparagraph (C), by striking 2017 and inserting 2012;

(2)

in subparagraph (D), by striking after December 31, 2016 and before January 1, 2022 and inserting after December 31, 2011 and before January 1, 2017; and

(3)

in subparagraph (E), by striking 2021 and inserting 2016.

(b)

Conforming amendment

Subparagraph (B) of section 216(l)(3) of the Social Security Act (42 U.S.C. 416(l)(3)(B)) is amended—

(1)

by striking calendar years 2017 through 2021 and inserting calendar years 2012 through 2016; and

(2)

by striking January 2017 and inserting January 2012.

6.

Maintenance of adequate balances in the Social Security trust funds

(a)

In General

Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following new subsection:

(o)

In addition to amounts otherwise appropriated under the preceding provisions of this section to the Trust Funds established under this section, there is hereby appropriated for each fiscal year to each of such Trust Funds, from amounts in the general fund of the Treasury not otherwise appropriated, such sums as may be necessary from time to time to maintain the balance ratio (as defined in section 709(b)) of such Trust Fund, for the calendar year commencing during such fiscal year, at not less than 100 percent. The sums to be appropriated under the preceding sentence shall be determined by the Commissioner of Social Security and certified by the Commissioner to each House of the Congress not later than October 1 of such fiscal year. In making such determination and certification, the Commissioner shall use the intermediate actuarial assumptions used by the Board of Trustees of the Trust Funds in its most recent annual report to the Congress prepared pursuant to subsection (c)(2). The Commissioner shall also transmit a copy of any such certification to the Secretary of the Treasury, and upon receipt thereof, such Secretary shall promptly take appropriate actions in accordance with the certification.

.

(b)

Effective Date

The amendment made by subsection (a) shall apply with respect to fiscal years beginning after the date of the enactment of this Act.