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Title II — Contribution and benefit fairness

H.R. 649 · 113th Congress · Feb 13, 2013 · Lineage

II Contribution and benefit fairness

Sec. 201 Determination of wages and self-employment income above contribution and benefit base after 2013

(a)
Determination of wages above contribution and benefit base after 2013—
(1)
Amendments to the Internal Revenue Code of 1986— Section 3121 of the Internal Revenue Code of 1986 is amended—
(A)
in subsection (a)(1), by inserting “the applicable percentage (determined under subsection (c)(1)) of” before “that part of the remuneration”; and
(B)
in subsection (c), by striking “(c) Included and excluded service.—For purposes of this chapter, if” and inserting the following:

“(c) Special rules for wages and employment

“(1) Applicable percentage of remuneration in determining wages—For purposes of paragraph (1) of subsection (a), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table:

“(2) Included and excluded service—For purposes of this chapter, if”

(2)
Amendments to the Social Security Act— Section 209 of the Social Security Act (42 U.S.C. 409) is amended—
(A)
in subsection (a)(1)(I)—
(i)
by inserting “and before 2014” after “1974”; and
(ii)
by inserting “and” after the semicolon;
(B)
in subsection (a)(1), by adding at the end the following new subparagraph:

“(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2013 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;”

(C)
by adding at the end the following new subsection:

“(l) For purposes of subparagraph (J) of subsection (a)(1), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table:”

(3)
Effective date— The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2013.
(b)
Determination of self-Employment income above contribution and benefit base after 2013—
(1)
Amendments to the Internal Revenue Code of 1986— Section 1402 of the Internal Revenue Code of 1986 is amended—
(A)
in subsection (b)(1), by inserting “an amount equal to the applicable percentage (as determined under subsection (d)(2)) of” before “that part of the net earnings from self-employment”; and
(B)
in subsection (d)—
(i)
by striking “(d) Employee and wages.—The term” and inserting the following:

“(d) Rules and definitions

“(1) Employee and wages—The term”

(ii)
by adding at the end the following:

“(2) Applicable percentage of net earnings from self-employment in determining self-employment income—For purposes of paragraph (1) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be the percentage determined in accordance with the following table:”

(2)
Amendments to the Social Security Act— Section 211 of the Social Security Act (42 U.S.C. 411) is amended—
(A)
in subsection (b)(1)(I)—
(i)
by striking “or” after the semicolon; and
(ii)
by inserting “and before 2014” after “1974”;
(B)
in subsection (b)—
(i)
by redesignating paragraph (2) as paragraph (3); and
(ii)
by inserting after paragraph (1) the following:

“(2) For any taxable year beginning in any calendar year after 2013, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of (A) an amount equal to the contribution and benefit base (determined under section 230) that is effective for such calendar year, minus (B) the amount of the wages paid to such individual during such taxable year; or”

(C)
by adding at the end the following:

“(l) For purposes of paragraph (2) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table:”

(3)
Effective date— The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2014.

Sec. 202 Inclusion of surplus earnings in social security benefit formula

(a)
Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts—
(1)
In general— Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended—
(A)
in clauses (i), (ii), and (iii), by inserting “basic” before “average indexed monthly earnings” each place it appears;
(B)
in clause (ii), by striking “and” at the end; and
(C)
by inserting after clause (iii) the following new clauses:

“(iv) 3 percent of the individual’s surplus average indexed monthly earnings to the extent such surplus average indexed monthly earnings do not exceed the excess of the amount established for purposes of this clause by subparagraph (B) over 1/12 of the contribution and benefit base for the last of such individual’s computation base years, and

“(v) 0.25 percent of the sum of the individual’s surplus average indexed monthly earnings plus 1/12 of the contribution and benefit base for the last of such individual’s computation base years, to the extent such sum exceeds the amount established for purposes of clause (iv) by subparagraph (B).”

(2)
Bend point for surplus earnings— Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended—
(A)
in clause (ii), by striking “the amounts so established” and inserting “the amounts established for purposes of clauses (i) and (ii) of subparagraph (A)”;
(B)
by redesignating clause (iii) as clause (v);
(C)
in clause (v) (as redesignated), by inserting “or (iv) ” after “clause (ii)”; and
(D)
by inserting after clause (ii) the following new clauses:

“(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2014, the amount established for purposes of clause (iv) of subparagraph (A) shall be $11,358.

“(iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2014, the amount established for purposes of clause (iv) of subparagraph (A) shall equal the product of the amount established with respect to the calendar year 2014 under clause (iii) of this subparagraph 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 made, by

“(II) the national average wage index (as so defined) for 2012.”

(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)
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 wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.”

(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 (2)(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)
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) 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 2013.