Library / Laws / 113th / s / S. 2455 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2455
IN THE SENATE OF THE UNITED STATES
June 10, 2014
Mr. Begich (for himself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To enhance Social Security benefits for children, divorced spouses, and widows and widowers, and
for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the
Retirement and Income Security Enhancements (RAISE) Act.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses.
Sec. 3. Extended benefit eligibility for children who are full-time students.
Sec. 4. Establishment of payroll surtax for high-income individuals.
Sec. 5. Inclusion of surplus earnings in social security benefit formula.
2.
Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses
(a)
Expansion of benefits for divorced spouses
(1)
Wife's insurance benefits
Section 202(b) of the Social Security Act (42 U.S.C. 402(b)) is amended—
(A) in paragraph (1)(G), by striking 10 years and inserting 5 years; and
(B) by amending paragraph (2) to read as follows:
(2)
(A) Except as provided in subsections (k)(5) and (q), a wife's
insurance benefit for each month
shall be equal to—
(i) in the case of a wife (as defined in section 216(b)), one-half of the primary insurance amount of
her husband
for such month; or
(ii) in the case of a divorced wife (as defined in section 216(d)), the applicable percentage (as
determined under subparagraph (B)) of one-half of the primary insurance
amount of her former husband for such month.
(B) For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent
reduced by 10 percentage points for each year in the period immediately
before the date the divorce became effective in which the divorced wife
was married to her former husband that is less than 10 years.
.
(2)
Husband's insurance benefits
Section 202(c) of the Social Security Act (42 U.S.C. 402(c)) is amended—
(A) in paragraph (1)(G), by striking 10 years and inserting 5 years; and
(B) by amending paragraph (2) to read as follows:
(2)
(A) Except as provided in subsections (k)(5) and (q), a husband's
insurance benefit for each month
shall be equal to—
(i) in the case of a husband (as defined in section 216(f)), one-half of the primary insurance amount
of
his wife
for such month; or
(ii) in the case of a divorced husband (as defined in section 216(d)), the applicable percentage (as
determined under subparagraph (B)) of one-half of the primary insurance
amount of his former wife for such month.
(B) For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent
reduced by 10 percentage points for each year in the period immediately
before the date the divorce became effective in which the divorced husband
was married to his former wife that is less than 10 years.
.
(b)
Improving social security benefits for widows and widowers in two-Income households
(1)
Widows
Section 202(e) of the
Social Security Act (42 U.S.C. 402(e))
is amended—
(A) in paragraph
(1)—
(i) in subparagraph
(B), by inserting and at the end;
(ii) in subparagraph
(C)(iii), by striking and at the end;
(iii) by striking
subparagraph (D);
(iv) by redesignating
subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
and
(v) in the flush
matter following subparagraph (E)(ii), as so redesignated, by striking
becomes entitled to an old-age insurance benefit and all that
follows through such deceased individual,;
(B) by striking subparagraph (A) in paragraph (2) and inserting the following:
(2)
(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph,
such widow's insurance benefit for each month shall be equal to the
greater of—
(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this
subsection after application of subparagraphs (B) and (C)) of such
deceased individual; or
(ii) subject to paragraphs (9) and (10), in the case of a fully-insured widow or surviving divorced
wife, 75 percent of the sum of any old-age or disability insurance benefit
for which the
widow or the surviving divorced wife is entitled for such month and the
primary insurance amount (as determined for purposes of this subsection
after application of subparagraphs (B) and (C)) of such deceased
individual.
;
(C) in paragraph
(5)—
(i) in subparagraph
(A), by striking paragraph (1)(F) and inserting paragraph
(1)(E); and
(ii) in subparagraph
(B), by striking paragraph (1)(F)(i) and inserting
paragraph (1)(E)(i); and
(D) by adding at the end the following new paragraphs:
(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced
wife, the amount determined under either such clause (and, for purposes of
clause
(ii) of paragraph (2)(A), as determined after application of paragraph
(10)) shall be equal to
the applicable percentage (as determined under section 202(b)(2)(B)) of
such amount (as determined before application of this paragraph but after
application of subsection (k)(3)).
(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed
the primary insurance amount for such month of a hypothetical individual—
(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the
month in which the deceased individual referred to in paragraph (1) became
entitled to old-age or disability insurance benefits, or died (before
becoming entitled to such benefits); and
(B) to whom wages and self-employment income were credited in each of such hypothetical individual’s
elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an
amount equal to the national average wage index (as described in section
209(k)(1)) for each such year.
.
(2)
Widowers
Section
202(f) of the Social Security Act (42
U.S.C. 402(f)) is amended—
(A) in paragraph
(1)—
(i) in subparagraph
(B), by inserting and at the end;
(ii) in subparagraph
(C)(iii), by striking and at the end;
(iii) by striking
subparagraph (D);
(iv) by redesignating
subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
and
(v) in the flush
matter following subparagraph (E)(ii), as so redesignated, by striking
becomes entitled to an old-age insurance benefit and all that
follows through such deceased individual,;
(B) by striking subparagraph (A) in paragraph (2) and inserting the following:
(2)
(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph,
such widower's insurance benefit for each month shall be equal to the
greater of—
(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this
subsection after application of subparagraphs (B) and (C)) of such
deceased individual; or
(ii) subject to paragraphs (9) and (10), in the case of a fully-insured widower or surviving divorced
husband, 75 percent of the sum of any old-age or disability insurance
benefit for which
the widower or the surviving divorced husband is entitled for such month
and the primary insurance amount (as determined for purposes of this
subsection after application of subparagraphs (B) and (C)) of such
deceased individual.
;
(C) in paragraph
(5)—
(i) in subparagraph
(A), by striking paragraph (1)(F) and inserting paragraph
(1)(E); and
(ii) in subparagraph
(B), by striking paragraph (1)(F)(i) and inserting
paragraph (1)(E)(i); and
(D) by adding at the end the following new paragraphs:
(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced
husband, the amount determined under either such clause (and, for purposes
of
clause (ii) of paragraph (2)(A), as determined after application of
paragraph (10)) shall be
equal to the applicable percentage (as determined under section
202(c)(2)(B)) of such amount (as determined before application of this
paragraph but after application of subsection (k)(3)).
(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed
the primary insurance amount for such month of a hypothetical individual—
(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the
month in which the deceased individual referred to in paragraph (1) became
entitled to old-age or disability insurance benefits, or died (before
becoming entitled to such benefits); and
(B) to whom wages and self-employment income were credited in each of such hypothetical individual’s
elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an
amount equal to the national average wage index (as described in section
209(k)(1)) for each such year.
.
(3)
Reduction of benefit for individuals entitled to simultaneous benefits
Section 202(k)(3) of the Social Security Act (42 U.S.C. 402(k)(3)) is amended—
(A) in subparagraph (A), by striking If an individual and inserting Except as provided in subparagraph (C), if an individual; and
(B) by adding at the end the following new subparagraph:
(C) If an individual is entitled for any month to a widow's or widower's insurance benefit and is also
entitled to an old-age or disability insurance benefit for such month that
is greater than such widow's or widower's insurance benefit, the reduction
described in subparagraph (A), with respect to such widow's or widower's
insurance benefit, shall be carried out by substituting an amount equal to
the primary insurance amount of the deceased individual referred to in
subsection (e)(1) or (f)(1) (as determined for purposes of subsection
(e)(2)(A)(i) or (f)(2)(A)(i)) for the amount equal to the old-age or
disability insurance
benefit of the individual entitled to the widow's or widower's insurance
benefit.
.
(c)
Conforming amendments
Section 216(d) of the Social Security Act (42 U.S.C. 416(d)) is amended—
(1) in paragraph (1), by striking 10 years and inserting 5 years;
(2) in paragraph (2), by striking 10 years and inserting 5 years;
(3) in paragraph (4), by striking 10 years and inserting 5 years; and
(4) in paragraph (5), by striking 10 years and inserting 5 years.
(d)
Effective date
The amendments made by this section shall apply with respect
to wife’s insurance benefits, husband’s insurance benefits, widow's
insurance benefits, and widower's insurance benefits that are
payable for months beginning after December 31, 2014.
3.
Extended benefit eligibility for children who are full-time students
(a)
In general
(1)
Extension of benefits
Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended—
(A) in paragraphs (1)(B), (1)(E), (1)(F)(i), (1)(G)(ii), (6)(A), (6)(D), (6)(E)(i), (7)(A), (7)(B), and
(7)(D), by striking full-time elementary or secondary school student each place it appears and inserting full-time student;
(B) in paragraphs (1)(B), (1)(F)(ii), (1)(G)(iii), (6)(A), (6)(D), (6)(E)(ii), and (7)(D), by striking 19 each place it appears and inserting 23;
(C) in subparagraphs
(A), (B), and (D) of paragraph (7), by striking elementary or secondary
school each place it appears and inserting educational institution;
(D) in paragraph
(7)(A), by striking schools involved and inserting
institutions involved;
(E) in paragraph (7),
by amending subparagraph (C) to read as follows:
(C) For purposes of
this subsection, the term
educational institution means—
(i) a school which provides elementary or secondary education as determined under the law of the State
or other
jurisdiction in which it is located; and
(ii) an institution described in section 102 of the Higher Education
Act of 1965
(20 U.S.C. 1002).
;
and
(F) in paragraph
(7)(D), by striking diploma or equivalent certificate from a secondary
school (as defined in subparagraph (C)(i)) and inserting
diploma, degree, or equivalent certificate from an institution described in subparagraph (C)(ii).
(2)
Effective date
The amendments made by this subsection shall apply to child's insurance benefits that are payable
for
months
beginning after December 31, 2014.
(b)
Temporary exclusion from determination of maximum family benefits
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended—
(1) in paragraph (3)—
(A) by redesignating subparagraph (D) as subparagraph (E); and
(B) by inserting after subparagraph (C) the following new subparagraph:
(D) During the period that begins on January 1, 2015, and ends on December 31, 2019, when any of such
individuals has attained age 19 and is entitled to monthly benefits as a
child who
is a full-time student under section 202(d)(1)(B)(i) for any month, the
benefit to which he or she is entitled on the basis of the wages and
self-employment income of such insured individual for such month shall be
determined without regard to this subsection, and the benefits of all
other individuals who are entitled for such month to monthly benefits
under section 202 on the wages and self-employment income of such insured
individual shall be determined as if no such child were entitled to
benefits for such month.
; and
(2) in paragraph (6), by inserting (3)(E), after (3)(D),.
(c)
Railroad Retirement Act
(1) Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended—
(A) in clause (iii) of paragraph (1), by striking will be less than nineteen years of age and a full-time elementary or secondary school student and inserting will be less than 23 years of age and a full-time student at an educational institution (as defined
in section 202(d)(7) of the Social Security Act); and
(B) in paragraph (4)—
(i) by striking elementary or secondary school each place it appears and inserting educational institution;
(ii) by striking nineteen and inserting 23; and
(iii) by striking a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i)
of the Social Security Act) and inserting a diploma, degree, or equivalent certificate from an institution described in section
202(d)(7)(C)(ii) of the Social Security Act.
(2) Section 5(c)(7) of the Railroad Retirement Act of 1974 (45 U.S.C. 235(c)(7)) is amended—
(A) by striking elementary or secondary school and inserting educational institution; and
(B) by striking 19 and inserting 23.
4.
Establishment of payroll surtax for high-income individuals
(a)
Self-Employment income surtax
Section 1401 of the Internal Revenue Code of 1986 is amended—
(1) by redesignating subsection (c) as subsection (d), and
(2) by inserting after subsection (b) the following new subsection:
(c)
Additional tax for old-Age, survivors, and disability insurance
(1)
In general
In addition to the taxes imposed by the preceding subsections, there is hereby imposed on every
individual for each
taxable year beginning after December 31, 2014, a tax equal to 4 percent
of additional self-employment income for such taxable year.
(2)
Additional self-employment income
For purposes of paragraph (1), the term additional self-employment income means, for any taxable year, the amount (not less than zero) equal to the excess of—
(A) the sum of self-employment income (determined without regard to section 1402(b)(1)) for the taxable
year and wages (as defined in section 3121(a), determined without regard
to paragraph (1) thereof) paid to such individual during such taxable
year, over
(B) the sum of the additional wages (as defined in section 3101(c)(2)) paid to such individual for the
taxable year and the amount determined under paragraph (3) for the taxable
year.
Rules similar to the rules of subparagraph (A) of the second sentence of section 1402(b) shall
apply for purposes of determining wages under clause (i).
(3)
Exemption amount
The amount determined under this paragraph is an amount equal to—
(A) in the case of a taxable year beginning after December 31, 2014, and before January 1, 2016,
$400,000, and
(B) in the case of any taxable year beginning after December 31, 2015, the product of—
(i) $400,000, and
(ii) the quotient obtained by dividing—
(I) the national
average wage index (as defined in section 209(k)(1)) for the
calendar year which is 2 years before the calendar year in which the
taxable year begins, by
(II) the national average wage index for calendar year 2013.
.
(b)
Employee wage surtax
Section 3101 of the Internal Revenue Code of 1986 is amended—
(1) by redesignating subsection (c) as subsection (d), and
(2) by inserting after subsection (b) the following new subsection:
(c)
Additional tax for old-Age, survivors, and disability insurance
(1)
In general
In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the
income of every
individual a tax equal to 2 percent of additional wages (as defined in
paragraph (2)) which are received with
respect to employment
during any calendar year beginning after December 31, 2014.
(2)
Additional wages
For purposes of paragraph (1), the term additional wages has the same meaning given the term wages under section 3121(a) (determined without regard to paragraph (1) thereof), except that such term
shall not include that amount of remuneration that is
less than—
(A) for calendar year 2015, $400,000, and
(B) for any calendar year after 2015, the product of—
(i) $400,000, and
(ii) the quotient obtained by dividing—
(I) the national
average wage index (as defined in section 209(k)(1)) for the second
preceding
calendar year, by
(II) the national average wage index for calendar year 2013.
.
(c)
Employer wage surtax
Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new
subsection:
(f)
Additional tax for old-Age, survivors, and disability insurance
(1)
In general
In addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every
employer an excise tax, with respect to having individuals in his employ,
equal to 2 percent of additional wages (as defined in
paragraph (2)) paid by the employer with
respect to employment
during any calendar year beginning after December 31, 2014.
(2)
Additional wages
For purposes of paragraph (1), the term additional wages has the same meaning given such term under section 3101(c).
.
(d)
Railroad Retirement Tax Act
(1)
Railroad employees
Section 3201 of the Internal Revenue Code of 1986 is amended—
(A) by redesignating subsection (c) as subsection (d), and
(B) by inserting after subsection (b) the following new subsection:
(c)
Additional tier 1 tax
(1)
In general
In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the
income of each
employee a tax equal to 2 percent of additional compensation (as defined
in
paragraph (2)) received by such employee
during any calendar year beginning after December 31, 2014, for services
rendered by such employee.
(2)
Additional compensation
For purposes of paragraph (1), the term additional compensation has the same meaning given the term compensation under section 3231(e) (determined without regard to paragraph (2) thereof), except that such term
shall not include that amount of remuneration that is
less than—
(A) for calendar year 2015, $400,000, and
(B) for any calendar year after 2015, the product of—
(i) $400,000, and
(ii) the quotient obtained by dividing—
(I) the national
average wage index (as defined in section 209(k)(1)) for the second
preceding
calendar year, by
(II) the national average wage index for calendar year 2013.
.
(2)
Railroad employee representatives
Section 3211 of the Internal Revenue Code of 1986 is amended—
(A) by redesignating subsection (c) as subsection (d), and
(B) by inserting after subsection (b) the following new subsection:
(c)
Additional tier 1 tax
In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the
income of each
employee representative a tax equal to 4 percent of additional
compensation (as defined under section 3201(c)) received by such employee
representative
during any calendar year beginning after December 31, 2014, for services
rendered by such employee representative.
.
(3)
Railroad employers
Section 3221 of the Internal Revenue Code of 1986 is amended by adding at the end the following new
subsection:
(e)
Additional tier 1 tax
In addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every
employer an excise tax, with respect to having individuals in his employ,
equal to 2 percent of additional compensation (as defined under section
3201(c)) paid by such employer during any calendar year beginning after
December 31, 2014, for services rendered to such employer.
.
(4)
Social Security Equivalent Benefit Account
Section 15A(b)(1)(A) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(b)(1)(A)) is amended
by striking sections 3201(a), 3211(a)(1), and 3221(a) of the Railroad Retirement Tax Act and inserting subsections (a) and (c) of section 3201, subsections (a) and (c) of section 3211, and subsections
(a) and (e) of section 3221 of the Internal Revenue Code of 1986.
(e)
Amendments to the Social Security Act
(1)
Transfer of amounts to Federal Old-Age and Survivors Insurance Trust Fund
Section 201 of the Social Security Act (42 U.S.C. 401) is amended—
(A) in subsection (b)(3)—
(i) by inserting and additional wages (as defined in section 1402(c) of such Code) after section 3121 of such Code),
(ii) by inserting and additional wages after such wages,
(iii) by inserting and additional wages after which wages, and
(iv) by inserting and additional wages after records of wages,
(B) in subsection (b)(4)—
(i) by inserting and additional self-employment income (as defined in section 3101(c) of such Code) after section 1402 of such Code),
(ii) by inserting and additional self-employment income after such self-employment income,
(iii) by inserting and additional self-employment income after which self-employment income, and
(iv) by inserting and additional self-employment income after records of self-employment income,
(C) in subsection (c)(1)(R)—
(i) by inserting and additional wages (as so defined) after wages (as so defined),
(ii) by inserting and additional wages after which wages, and
(iii) by inserting and additional wages after records of wages, and
(D) in subsection (c)(2)(R)—
(i) by inserting and additional self-employment income (as so defined) after self-employment income (as so defined),
(ii) by inserting and additional self-employment income after which self-employment income, and
(iii) by inserting and additional self-employment income after records of self-employment income.
(2)
Definition of additional wages
Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the
following new subsection:
(l)
Additional wages
For purposes of this title, the term additional wages has the same meaning given the term wages (determined without regard to subsection (a)(1)), except that such term shall not include that
amount of remuneration that is
less than—
(1) for calendar year 2015, $400,000, and
(2) for any calendar year after 2015, the product of—
(A) $400,000, and
(B) the quotient obtained by dividing—
(i) the national
average wage index (as defined in section 209(k)(1)) for the second
preceding
calendar year, by
(ii) the national average wage index for calendar year 2013.
.
(3)
Definition of additional self-employment income
Section 211 of the Social Security Act (42 U.S.C. 411) is amended by adding at the end the
following new subsection:
(m)
Additional Self-Employment Income
(1) For purposes of this title, the term additional self-employment income means, for any taxable year, the amount equal to the excess (if any) of—
(A) the sum of self-employment income (determined without regard to subsection (b)(1)) for the taxable
year and wages (as defined in section 209(a), determined without regard to
paragraph (1) thereof) paid to such individual during such taxable year,
over
(B) the sum of the additional wages paid to such individual for the taxable year and the amount
determined under paragraph (2) for the taxable year.
(2) The amount determined under this paragraph is an amount equal to—
(A) in the case of a taxable year beginning after December 31, 2014, and before January 1, 2016,
$400,000, and
(B) in the case of any taxable year beginning after December 31, 2015, the product of—
(i) $400,000, and
(ii) the quotient obtained by dividing—
(I) the national
average wage index (as defined in section 209(k)(1)) for the
calendar year which is 2 years before the calendar year in which the
taxable year begins, by
(II) the national average wage index for calendar year 2013.
.
5.
Inclusion of surplus earnings in social security benefit formula
(a)
Inclusion of
surplus average indexed monthly earnings in determination of primary
insurance
amounts
Section 215(a)(1)(A) of the Social Security Act (42
U.S.C. 415(a)(1)(A)) is amended—
(1) in clauses (i),
(ii), and (iii), by inserting basic before average
indexed monthly earnings each place it appears;
(2) in clause (ii), by
striking and at the end;
(3) in clause (iii), by inserting and at the end; and
(4) by inserting after
clause (iii) the following new clause:
(iv) 2 percent of the individual’s surplus
average indexed monthly earnings,
.
(b)
Basic AIME and
surplus AIME
(1)
Basic
AIME
Section 215(b)(1) of
such Act (42 U.S.C. 415(b)(1)) is amended—
(A) in the matter preceding subparagraph (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 exceed 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),
respectively;
(ii) by
inserting (A) after (b)(1); and
(iii) by
adding at the end the following 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
paragraph (3)(B)) of such individual’s surplus earnings (determined
under
clause (ii)) for such individual’s benefit computation years
(determined under
paragraph (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 additional wages (as defined in section
209(l)) paid in and additional
self-employment income (as defined in section 209(m))
credited to
such benefit computation year, to the extent such total does not
exceed the amount determined for such year
under clause (iii).
(iii) For purposes of clause (ii), the amount determined under this clause is—
(I) in the case of a benefit computation year beginning after December 31, 2014, and before January 1,
2016, $500,000; and
(II) in the case of any benefit computation year beginning on or after January 1, 2016, the product of
$500,000 and the quotient obtained by dividing—
(aa) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2
years before the calendar year in which the benefit computation year
begins, by
(bb) the national average wage index for calendar year 2013.
.
(B)
Conforming
amendment
The heading for section 215(b) of such Act is amended
by striking Average Indexed Monthly Earnings and inserting
Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly
Earnings.
(3)
Adjustment of
surplus earnings for purposes of determining surplus AIME
Section
215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended—
(A) in subparagraph
(A), by striking subparagraph (B) and inserting
subparagraph (C) and by inserting and determination of
basic average indexed monthly income after paragraph
(2);
(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 (1)(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 subparagraph), and
(ii) the quotient described in
subparagraph
(A)(ii).
.
(c)
Railroad Retirement Act
Section 1(h)(5) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(h)(5)) is amended—
(1) by striking and at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and inserting ; and; and
(3) by adding at the end the following new clause:
(iv) for each such calendar month after 2014, the amount which is creditable as such individual's additional wages under section 209(l) of the Social Security Act.
.
(d)
Effective
date
The amendments made by
this section shall apply with respect to individuals who initially become
eligible (within the meaning of section 215(a)(3)(B) of the Social
Security
Act (42 U.S.C. 415(a)(3)(B))) for old-age or disability insurance benefits
under title II of the
Social
Security Act, or who die (before becoming eligible for such benefits), in
any
calendar year after 2014.