Hospitals & Asylums
October 2015
By Anthony J. Sanders
Sanders
v. Clinton HA-26-10-15
Dear Bernie Sanders: I
hope you are well. The entire
family feels you are the best candidate for a sex change operation. You are all the Democratic-Republican
(DR) two party system has to offer besides a more virtuous woman President than
Hillary Clinton, namely Sally Jewell, Interior Secretary, to bring the Clinton
Administration 10 million Title IV cuts, Tom Vilsack, Agriculture Secretary,
regarding 1 million SNAP cuts incidental to the German Chancellor and Brazilian
PresidentÕs Visit right before Halloween FY2013, and the ValentineÕs Day Social
Security Commissioner, Carolyn Colvin, innocent, no COLA December 2015 for the
entire 300% OASDI trust fund ratio beneficiary population due to an inability
of the Actuary to calculate the actual OASDI tax rate 2.3% DI 10.1% OASDI that
has shifted into the emergency penalty rate of 2.4% DI 10.0% OASI to the
Optional Protocol for the Elimination of All Forms of Discrimination against Women
of 2000 for deprivation of relief benefits under 18USC¤246. Your repetitive
$250,000 glass ceiling to the Without Income Limit Law (WILL) from 2012 and
other totalitarian machinations with the Actuary now have bullet holes in them
from both Sandy Hook Elementary and Umpqua Community College this FY 2016. You need to partner with me right away
by sending this Social Security Amendment to the Actuary, Congress and Trustees
(ACT). Only you can put this Social
Security Amendment of 2016 in the hopper.
Being such a serial school shooter, Sandy Hoek and Umpqua Community
College, Sanders seeks to destroy Democratic dimethoxymethylamphetamine (DOM)
that occasionally infringes upon Republican gun registries with a three day
panic attack, six month recovery, that washes off, and enhanced control of
monoclonal antibodies by limiting legitimate use to cancer drug manufacturing
and the FDA fasttrack and I shall reserve our email for special occasions. This Halloween draft is unique, not only
had a computer hacker overturned the case on my computer, after consulting with
Gallaudet University, in cc: (secret, email), it now proposes to provide public
school teachers, currently insured only against retirement and health in old
age under Title I of the Social Security Act, the opportunity to voluntarily
purchase, on an individual basis, disability insurance insurance pre-approved
for menopause as diagnosis (mad) as an alternative to mad, at the emergency
rate of 2.4% DI, rather than the actual 2.3% rate of disability, or current
1.8% rate since the Social Security Amendment of 2000 that so challenges the
immunity of the SSA Actuary, or charging them the current 10.6%, actual 10.1%
or proposed 10.0% OASI tax rate, at all, just 2.4% disability to the Actuary.
Social
Security Amendment of 2016
Free
DIRT (Disability Insurance Reallocation Tax) Emergency Depletion Act
To
amend the DI tax rate from 1.80% to 2.40% in 2016, 2.30% in 2017 and 2.20% in 2018;
from 0.90% to 1.20% in 2016, 1.15% in 2017 and 1.10% in 2018 for employees and
from 0.90% to 1.20% in 2016, 1.15% in 2017 and 1.10% in 2018 for employers
under Sec. 201(b)(1)(S) of the Social Security Act 42USC(7)II¤401.
To
amend the OASI tax rate from 10.60% to 10.0% in 2016, 10.10% in 2017, and
10.20% in 2018; from 5.30% to 5.00% in 2016, to 5.05% in 2017, to 5.10% in 2018
for employees under 26USC(C)(21)(A)¤3101 (a) and from 5.30% to 5.00% in 2016,
5.05% in 2017, and 5.10% in 2018 for employers under 26USC(C)(21)(A)¤3111 (a)
to avoid depletion of the Disability Insurance (DI) Trust Fund in 2016 without
increasing the overall 12.4% OASDI or 15.3% OASDI and Hospital Insurance (HI)
Federal Insurance Contribution Act tax-rate under 26USC(A)(2)¤1401.
Be
it enacted by the Actuary, Congress and Treasury (ACT)
Without
Income Limit Law (WILL) Act
To
abolish the maximum taxable limit on DI contributions on January 1, 2016 and
OASI contributions January 1, 2017 and repeal Adjustment of the contribution and
benefit base Section 230 of the Social Security Act 42USC(7)¤430.
To
require the Social Security Administration to pay for SSI Costs beginning
January 1, 2017.
To
share profits in excess of social security program costs to the general fund of
the U.S Treasury on a sliding scale beginning year end 2016 DI 50/50 with
the USPS, and OASI 10/90 to eliminate the federal budget deficit. In 2020
OASI would share at negotiated rates an estimated 25/75, by 2025 OASDI would
share 50/50 and by 2030 OASDI would save to pay for the peak in costs of Baby
Boomer generation in 2035 that might raise the overall OASDI tax rate from
12.4%.
Be
it enacted by the House and Senate assembled
Voluntary 1% UN Tax Act
To
provide employees and employers the opportunity to contribute, or not
contribute, 1% of their pay, to the United Nations, by means of Federal
Insurance Contributions Act (FICA), and this opportunity is extended equally to
all social security beneficiaries.
Be
it enacted in the House and Senate assembled, referred to the United Nations
Assembly (UNA)
Voluntary 2.4% Menopause as
Disability (MAD) Contribution for Title I Beneficiaries
To sell public school teachers, currently insured only against
retirement and health in old age under Title I of the Social Security Act, on
an individual basis, Title II disability insurance insurance pre-approved for
menopause as diagnosis (mad), as an alternative to mad, at the emergency rate
of 2.4% DI due to the tardiness this FY 2016, if not outright truancy, of the
Actuary to keep up with the actual 2.3% rate of disability, whereas the 1.8%
rate of DI taxation since 2000, is predicted to completely deplete the DI Trust
Fund without any new contributions sometime this 2016.
Be it enacted
by Actuary, Commissioner and Trustees (ACT)
Three Years Without COLA
Reenactment
Cost-of-Living
Adjustment (COLA) peg to the CPI, or even the Elderly CPI, has too badly abused
the General Fund with SSI $674 (2009-2011) for three years without COLA, that
henceforth no one shall have to suffer the cruel and unusual punishment or
treatment of $600-$699 for more than 42 months (Revelation 13:10) when benefits
automatically increase to $700, from whence all beneficiaries and government
workers would enjoy 3% annual growth in wages to benefit from the privilege of
SayÕs law that aggregate demand equals aggregate supply.
Computation
of Benefits to the Social Security Act at Section 215(i) as codified at
42USC(7)¤415(i) must be amended.
Customs removed the bioterrorism from the Homeland Security Act of 2002
by means of Court of Competent Jurisdiction. SSA must do their legislative drafting
and stop misleading the people to certain monoclonal gammopathy of unspecified
significance (MGUS) ultra vires the enactment clause 1USC¤101. The Actuary
cannot justify his inability to
perform the OASDI tax rate calculation even under the current ÒlawÓ he refuses
to cite. Deprivation of COLA constitutes
deprivation of relief benefits against all beneficiaries, not just the disabled
beneficiaries the ActuaryÕs incompetence targets with trust fund depletion and
benefit reduction under 18USC¤246.
The Actuary seems to be badly deluded regarding Ôexcluding transfers
between such trust fundsÕ that actually means to an accountant, that as long
the combined OASDI Trust Fund has a trust fund ratio better than 20.0, the
ActuaryÕs inability to perform the infamous Òpain in the OASDI tax rate
calculationÓ cannot be used to justify depriving all beneficiaries of their
COLA or the disabled part of their income under Section 215(i)(1)(F) of the
Social Security Act that becomes amended to that Section becomes (1)(A). The CPI linkage is not skillfully
written and the meaningless labor statistic has been basically hacked to
ostensibly justify the cruel and unusual punishment or treatment of the Social
Security Commissioner since getting the antibiotics prescription for infectious
endocarditis dragged on from 2009-2011.
The amended text, in its entirety to the end of Section 215(i) as
codified at 42USC(7)¤415(i) as it pertain to the Computation of
Benefits, states;
(i) Cost-of-living adjustment (COLA)
increases in benefits (1) for the purposes of this section (A) the term
"OASDI fund ratio", with respect to any calendar year, means the
ratio of - (i) the combined balance in the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the
beginning of such year, including the taxes transferred under section 401(a) of
this title on the first day of such year and reduced by the outstanding amount
of any loan (including interest thereon) theretofore made to either such Fund
from the Federal Hospital Insurance Trust Fund under section 401(l) of this
title, to (ii) the total amount which (as estimated by the Commissioner of
Social Security) will be paid from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund during such calendar
year for all purposes authorized by section 401 of this title (other than
payments of interest on, or repayments of, loans from the Federal Hospital
Insurance Trust Fund under section 401(l) of this title), but excluding any
transfer payments between such trust funds and reducing the amount of any
transfers to the Railroad Retirement Account by the amount of any transfers
into either such trust fund from that Account; in any calendar year for which
the OASDI fund ratio is more than 20.0 percent. (B) provided there is a combined trust
fund ratio greater than 20.0 percent (i) If the Consumer Price Index for the
Elderly exceeds for the previous year exceeds 3% retirees shall receive a
percentage increase equal to the CPI for the Elderly, for the previous year, or
(ii) if the Consumer Price Index for the previous year exceeds 3% the disabled
shall receive a percentage increase equal to the CPI for the previous
year. (C) If the Commissioner of
Social Security determines that a calendar year is also a cost-of-living
computation year, the Commissioner shall publish a determination that a benefit
increase is resultantly required and the percentage thereof. (D) In all normal years since the 1980s
the COLA shall be 3%.
Be it enacted in the House and Senate
Assembled
$700 after 42 months
$600-$699 (Revelation 13:10) Act
To
ensure beneficiaries do no have to suffer $600-$699 for more than 42 months
when their benefits are automatically increased to $700.
To
ensure beneficiaries are awarded back pay from adverse overpayment decisions
noted by the Social Security Caucus of 2011 under Section 204(c) of the Social
Security Act as codified at 42USC404(c) without any college honors due Astrue
v. Ratliff (2010).
To limit
the legitimate scientific and medical use of monoclonal antibodies to cancer
drug manufacturing the FDA fast track as a matter of enhanced control of
dangerous biologic products and toxins under 42USC(6A)¤262a
To
abolish the Office of National Drug Control Policy and destroy amphetamine
stockpiles including dimethoxymethylamphetamine (DOM) cause of a 3 day panic
attack and 6 month recovery from severe mental illness if unwashed.
Be
it enacted by the Actuary, Commissioner and Trustees
Book
3 Health and Welfare (HAW)
10th Ed. To amend Chapter
3 National Home for Disabled Volunteer Soldiers: Free Disability Insurance Reallocation
Tax (DIRT) Act: To immediately amend the DI tax rate from 1.80% to 2.30%, from
0.90% to 1.15% for employees and from 0.90% to 1.15% for employers under Sec.
201(b)(1)(S) of the Social Security Act 42USC(7)II¤401 and amend the OASI tax
rate from 10.60% to 10.10%, from 5.30% to 5.05% for employees under
26USC(C)(21)(A)¤3101 (a) and from 5.30% to 5.05% for employers under
26USC(C)(21)(A)¤3111 (a) to avoid depletion of the Disability Insurance (DI)
Trust Fund in 2016 without increasing the overall 12.4% OASDI or 15.3% OASDI
and Hospital Insurance (HI) tax-rate under 26USC(A)(2)¤1401 beginning October
1, 2015. To amend the DI tax rate again in 2018 to 2.20% from 2.30%, from 1.15%
to 1.10% for employees and from 1.15% to 1.10% for employers under Sec.
201(b)(1)(S) of the Social Security Act 42USC(7)II¤401 and amend the OASI tax
rate from 10.10% to 10.20%, from 5.05% to 5.10% for employees under
26USC(C)(21)(A)¤3101 (a) and from 5.05% to 5.10% for employers under
26USC(C)(21)(A)¤3111 (a) without increasing the overall 12.4% OASDI or 15.3%
OASDI and Hospital Insurance (HI) tax-rate under 26USC(A)(2)¤1401 to maximize
efficiency until a deficit appears in the OASI Trust Fund in 2019. Without
Income Limit Law (WILL) Act: To abolish the maximum taxable limit on DI
contributions on January 1, 2016 and OASI contributions January 1, 2017 and
repeal Adjustment of the contribution and benefit base Section 230 of the
Social Security Act 42USC(7)¤430. To require the Social Security Administration
to pay for SSI Costs beginning January 1, 2017. To share profits in
excess of social security program costs to the general fund of the U.S Treasury
on a sliding scale beginning year end 2016 DI 50/50 with the USPS, and
OASI 10/90 to eliminate the federal budget deficit. In 2020 OASI would share at
negotiated rates an estimated 25/75, by 2025 OASDI would share 50/50 and by
2030 OASDI would save to pay for the peak in costs of Baby Boomer generation in
2035 that might raise the overall OASDI tax rate from 12.4%. To limit Health
and Human Services spending to less than $1 trillion. To require the Department
of Agriculture (USDA) to hire an actuary to sustain Supplemental Nutritional
Assistance Program (SNAP) growth in an annual report to Congress. To require
the VeteranÕs Administration (VA) to hire an actuary to account for service
member contributions and matching funds in an annual report to Congress. To
replace welfare Administrative Law Judges (ALJs) with licensed social workers
and non-social worker representatives. To provide Medicaid for free to everyone
earning less than 150% of the poverty line and open Medicaid to reasonably
priced premiums for everyone else. To prohibit medical billing to nationalize
health insurance assets. To ratify ILO Conventions 132, 156 and 183. To
levy a 1% UN FICA and corporate income tax for world-wide welfare in 2020ÉQuiz
Book
5 Customs (CC)
10th Ed. To amend Chapter 5
Columbia Institution for the Deaf. To amend Chapter 5 Columbia
Institution for the Deaf ¤231-250.
As of 2015 there are 7.2 billion people on the planet, roughly 9 times the 800
million people estimated to have lived in 1750, as the start of the Industrial
Revolution. The world population continues to rise rapidly, by around 75
million people per year. Soon enough there will be 8 billion by the
2020s, and perhaps 9 billion by the early 2040s. The Millennium
Development, MDGs for 1990-2015, cut in half the number of hungry people to 622
million people and percent of people in poverty to 22.75% by 2015 from 45.5% in
1990. 7.2 billion people, with a GWP of $90 trillion, are looking for
economic improvement. There are roughly 1.2 billion people still living
below the World BankÕs current poverty line of $1.25 per person per day;
reduced from 1.9 billion people in 1990. More than 6.5 million refugees
fleeing the Syrian civil war since the Arab spring of 2011 have exceeded the
5.7 million refugees from the several decade long Columbian civil war. This Act
amends Title 22 Foreign Relations and Intercourse (a-FRaI-d) to Foreign
Relations (FR-ee), to change the name of the Court of International Trade of
the United States (CoITUS) to Customs Court (CC), the Department of Homeland
Security to Customs and amend Title 6 of the United States Code, Title 6 of the
Federal Code of Regulations to ÒCustomsÓ, to limit Foreign Service Exam
accreditation and employment to people with a bachelor degree in International
Relations or higher, to reduce the price of a work visa to a $500 tax
withholding, to accept visas and naturalization papers for the issuance of IDs
passports, to uphold the Convention Relating to the Status of Refugees,
consider changing the name of U.S. Citizenship and Immigration (USCIS) to U.S.
Naturalization Service (USNS), to settle Israeli claims for compensation with
the Palestine Supreme Court, to limit all foreign military finance in excess of
$1.5 million for the state department half, to abolish $1 billion in
International Narcotic Control Law Enforcement and international military
education finance, to transfer all $6 billion annual in misspent military and
international drug enforcement finance to fund the UN, to sell surplus assets
of the state department, to levy a 6% gas, oil, coal and electricity export
tax, to patrol the NOAA Sea Surface Temperature (SST) Anomaly chart, to
publicly regulate aerial and rocket cloud seeding technology for wildfire extinguishing
and drought mitigation, to publicly regulate oceanic hydrocarbon heating and
new cooling pumps that might be useful for reducing hurricane intensity and
rainmaking, to adopt the 1982 Law of the Sea in conjunction with both the 1992
Framework Convention on Climate Change and 1992 Convention on Biological
Diversity (CBD), to pass the European Constitution, to require NATO, UN
peacekeeping missions and US government contractors to pay reparations to their
civilian victims, to abolish the International Criminal Tribunal for the Former
Yugoslavia (ICTY) and White House Office of National Drug Control Policy
(ONDCP) under the Slavery Convention of 1926, to reform voting in the Bretton
Woods institutions to a one person one vote system, to use the IMF Special
Drawing Right (SDR) as the international reserve currency, to appreciate
developing nation currencies, to immediately levy a completely voluntary 1%
FICA payroll tax for the UN and consider enactment for both employers and
employees in 2020, to provide world-wide welfare, elect a Secretary, and ratify
the tax Statement of the United Nations (SUN)ÉQuiz
The original text Section 215(i) and (!1)(G)
of the Social Security Act as codified at 42USC¤415(i) states.
(i) Cost-of-living increases in benefits (1)
For purposes of this subsection - (A) the term "base quarter" means
(i) the calendar quarter ending on September 30 in each year after 1982, or
(ii) any other calendar quarter in which occurs the effective month of a
general benefit increase under this subchapter; (B) the term
"cost-of-living computation quarter" means a base quarter, as defined
in subparagraph (A)(i), with respect to which the applicable increase
percentage is greater than zero; except that there shall be no cost-of-living
computation quarter in any calendar year if in the year prior to such year a
law has been enacted providing a general benefit increase under this subchapter
or if in such prior year such a general benefit increase becomes effective; (C)
the term "applicable increase percentage" means - (i) with respect to
a base quarter or cost-of-living computation quarter in any calendar year
before 1984, or in any calendar year after 1983 and before 1989 for which the
OASDI fund ratio is 15.0 percent or more, or in any calendar year after 1988
for which the OASDI fund ratio is 20.0 percent or more, the CPI increase
percentage; and (ii) with respect to a base quarter or cost-of-living
computation quarter in any calendar year after 1983 and before 1989 for which
the OASDI fund ratio is less than 15.0 percent, or in any calendar year after
1988 for which the OASDI fund ratio is less than 20.0 percent, the CPI increase
percentage or the wage increase percentage, whichever (with respect to that
quarter) is the lower; (D) the term "CPI increase percentage", with
respect to a base quarter or cost-of-living computation quarter in any calendar
year, means the percentage (rounded to the nearest one-tenth of 1 percent) by
which the Consumer Price Index for that quarter (as prepared by the Department
of Labor) exceeds such index for the most recent prior calendar quarter which
was a base quarter under subparagraph (A)(ii) or, if later, the most recent
cost-of-living computation quarter under subparagraph (B); (E) the term
"wage increase percentage", with respect to a base quarter or
cost-of-living computation quarter in any calendar year, means the percentage
(rounded to the nearest one-tenth of 1 percent) by which the national average
wage index (as defined in section 409(k)(1) of this title) for the year
immediately preceding such calendar year exceeds such index for the year
immediately preceding the most recent prior calendar year which included a base
quarter under subparagraph (A)(ii) or, if later, which included a
cost-of-living computation quarter; (F) the term "OASDI fund ratio",
with respect to any calendar year, means the ratio of - (i) the combined
balance in the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund as of the beginning of such year,
including the taxes transferred under section 401(a) of this title on the first
day of such year and reduced by the outstanding amount of any loan (including
interest thereon) theretofore made to either such Fund from the Federal
Hospital Insurance Trust Fund under section 401(l) of this title, to (ii) the
total amount which (as estimated by the Commissioner of Social Security) will
be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund during such calendar year for all
purposes authorized by section 401 of this title (other than payments of
interest on, or repayments of, loans from the Federal Hospital Insurance Trust
Fund under section 401(l) of this title), but excluding any transfer payments
between such trust funds and reducing the amount of any transfers to the
Railroad Retirement Account by the amount of any transfers into either such
trust fund from that Account;
Table IV.B4.ÑTrust Fund Ratios, Calendar Years
2015-90
[In percent]
|
Calendar Year |
Intermediate |
|
Low-cost |
|
High-cost |
||||||
|
OASI |
DI |
OASDI |
OASI |
DI |
OASDI |
OASI |
DI |
OASDI |
|||
|
2015 |
362 |
40 |
308 |
|
362 |
41 |
309 |
|
361 |
40 |
307 |
|
2016 |
351 |
18 |
298 |
|
352 |
21 |
300 |
|
350 |
16 |
295 |
|
2017 |
333 |
a |
280 |
|
336 |
8 |
286 |
|
329 |
a |
274 |
|
2018 |
315 |
a |
264 |
|
321 |
a |
274 |
|
308 |
a |
253 |
|
2019 |
298 |
a |
248 |
|
309 |
a |
264 |
|
287 |
a |
232 |
|
2020 |
281 |
a |
233 |
|
297 |
a |
255 |
|
264 |
a |
211 |
|
2021 |
266 |
a |
219 |
|
288 |
a |
247 |
|
243 |
a |
189 |
|
2022 |
249 |
o1 |
204 |
|
278 |
a |
241 |
|
220 |
a |
167 |
|
2023 |
233 |
a |
189 |
|
269 |
a |
234 |
|
196 |
a |
144 |
|
2024 |
216 |
a |
173 |
|
260 |
5 |
228 |
|
171 |
a |
120 |
|
2025 |
199 |
a |
157 |
|
253 |
14 |
223 |
|
147 |
a |
95 |
|
2030 |
113 |
a |
77 |
|
219 |
79 |
203 |
|
16 |
a |
a |
|
2035 |
15 |
a |
a |
|
184 |
180 |
184 |
|
a |
a |
a |
|
2040 |
a |
a |
a |
|
152 |
305 |
168 |
|
a |
a |
a |
|
2045 |
a |
a |
a |
|
130 |
427 |
163 |
|
a |
a |
a |
|
2050 |
a |
a |
a |
|
118 |
555 |
168 |
|
a |
a |
a |
|
2055 |
a |
a |
a |
|
109 |
689 |
175 |
|
a |
a |
a |
|
2060 |
a |
a |
a |
|
96 |
846 |
181 |
|
a |
a |
a |
|
2065 |
a |
a |
a |
|
81 |
1,006 |
185 |
|
a |
a |
a |
|
2070 |
a |
a |
a |
|
63 |
1,176 |
187 |
|
a |
a |
a |
|
2075 |
a |
a |
a |
|
44 |
1,361 |
190 |
|
a |
a |
a |
|
2080 |
a |
a |
a |
|
30 |
1,517 |
201 |
|
a |
a |
a |
|
2085 |
a |
a |
a |
|
22 |
1,650 |
215 |
|
a |
a |
a |
|
2090 |
a |
a |
a |
|
13 |
1,821 |
226 |
|
a |
a |
a |
|
Trust
fund reserves permanently deplete in |
2035 |
2016 |
2034 |
|
o2 |
o3 |
b |
|
2030 |
2016 |
2028 |
|
Payable
benefits as percent of scheduled benefits: |
|
|
|
|
|
|
|
|
|
|
|
|
At
the time of permanent reserve Depletion |
77 |
81 |
79 |
|
b |
c |
b |
|
69 |
75 |
71 |
|
For
2089 |
71 |
81 |
73 |
|
b |
c |
b |
|
51 |
57 |
52 |
Source: 2015 Annual Report of the Trustees
(!1) (G) the Consumer Price Index for a base quarter,
a cost-of- living computation quarter, or any other calendar quarter shall be
the arithmetical mean of such index for the 3 months in such quarter. (2)(A)(i)
The Commissioner of Social Security shall determine each year beginning with
1975 (subject to the limitation in paragraph (1)(B)) whether the base quarter
(as defined in paragraph (1)(A)(i)) in such year is a cost-of-living
computation quarter. (ii) If the Commissioner of Social Security determines
that the base quarter in any year is a cost-of-living computation quarter, the
Commissioner shall, effective with the month of December of that year as
provided in subparagraph (B), increase - (I) the benefit amount to which
individuals are entitled for that month under section 427 or 428 of this title,
(II) the primary insurance amount of each other individual on which benefit
entitlement is based under this subchapter, and (III) the amount of total
monthly benefits based on any primary insurance amount which is permitted under
section 403 of this title (and such total shall be increased, unless otherwise
so increased under another provision of this subchapter, at the same time as
such primary insurance amount) or, in the case of a primary insurance amount
computed under subsection (a) of this section as in effect (without regard to
the table contained therein) prior to January 1979, the amount to which the
beneficiaries may be entitled under section 403 of this title as in effect in
December 1978, except as provided by section 403(a)(7) and (8) of this title as
in effect after December 1978. The increase shall be derived by multiplying
each of the amounts described in subdivisions (I), (II), and (III) (including
each of those amounts as previously increased under this subparagraph) by the
applicable increase percentage; and any amount so increased that is not a
multiple of $0.10 shall be decreased to the next lower multiple of $0.10. Any
increase under this subsection in a primary insurance amount determined under
subparagraph (C)(i) of subsection (a)(1) of this section shall be applied after
the initial determination of such primary insurance amount under that
subparagraph (with the amount of such increase, in the case of an individual
who becomes eligible for old-age or disability insurance benefits or dies in a
calendar year after 1979, being determined from the range of possible primary
insurance amounts published by the Commissioner of Social Security under the
last sentence of subparagraph (D)). (iii) In the case of an individual who
becomes eligible for an old-age or disability insurance benefit, or who dies
prior to becoming so eligible, in a year in which there occurs an increase
provided under clause (ii), the individual's primary insurance amount (without
regard to the time of entitlement to that benefit) shall be increased (unless
otherwise so increased under another provision of this subchapter and, with
respect to a primary insurance amount determined under subsection
(a)(1)(C)(i)(I) of this section in the case of an individual to whom that subsection
(as in effect in December 1981) applied, subject to the provisions of
subsection (a)(1)(C)(i) of this section and clauses (iv) and (v) of this
subparagraph (as then in effect)) by the amount of that increase and subsequent
applicable increases, but only with respect to benefits payable for months
after November of that year. (B) The increase provided by subparagraph (A) with
respect to a particular cost-of-living computation quarter shall apply in the
case of monthly benefits under this subchapter for months after November of the
calendar year in which occurred such cost-of-living computation quarter, and in
the case of lump-sum death payments with respect to deaths occurring after
November of such calendar year.
(C)(i) Whenever the Commissioner of Social
Security determines that a base quarter in a calendar year is also a
cost-of-living computation quarter, the Commissioner shall notify the House
Committee on Ways and Means and the Senate Committee on Finance of such
determination within 30 days after the close of such quarter, indicating the
amount of the benefit increase to be provided, the Commissioner's estimate of
the extent to which the cost of such increase would be met by an increase in
the contribution and benefit base under section 430 of this title and the
estimated amount of the increase in such base, the actuarial estimates of the
effect of such increase, and the actuarial assumptions and methodology used in
preparing such estimates. (ii) The Commissioner of Social Security shall
determine and promulgate the OASDI fund ratio for the current calendar year on
or before November 1 of the current calendar year, based upon the most recent
data then available. The Commissioner of Social Security shall include a
statement of the fund ratio and the national average wage index (as defined in
section 409(k)(1) of this title) and a statement of the effect such ratio and
the level of such index may have upon benefit increases under this subsection
in any notification made under clause (i) and any determination published under
subparagraph (D). (D) If the Commissioner of Social Security determines that a
base quarter in a calendar year is also a cost-of-living computation quarter,
the Commissioner shall publish in the Federal Register within 45 days after the
close of such quarter a determination that a benefit increase is resultantly
required and the percentage thereof. The Commissioner shall also publish in the
Federal Register at that time (i) a revision of the range of the primary
insurance amounts which are possible after the application of this subsection
based on the dollar amount specified in subparagraph (C)(i) of subsection
(a)(1) of this section (with such revised primary insurance amounts
constituting the increased amounts determined for purposes of such subparagraph
(C)(i) under this subsection), or specified in subsection (a)(3) of this
section as in effect prior to 1979, and (ii) a revision of the range of maximum
family benefits which correspond to such primary insurance amounts (with such
maximum benefits being effective notwithstanding section 403(a) of this title
except for paragraph (3)(B) thereof (or paragraph (2) thereof as in effect
prior to 1979)). Notwithstanding the preceding sentence, such revision of
maximum family benefits shall be subject to paragraph (6) of section 403(a) of
this title (as added by section 101(a)(3) of the Social Security Disability
Amendments of 1980). (3) As used in this subsection, the term "general
benefit increase under this subchapter" means an increase (other than an
increase under this subsection) in all primary insurance amounts on which
monthly insurance benefits under this subchapter are based. (4) This subsection
as in effect in December 1978, and as amended by sections 111(a)(6), 111(b)(2),
and 112 of the Social Security Amendments of 1983 and by section 9001 of the
Omnibus Budget Reconciliation Act of 1986, shall continue to apply to
subsections (a) and (d) of this section, as then in effect and as amended by
section 5117 of the Omnibus Budget Reconciliation Act of 1990, for purposes of
computing the primary insurance amount of an individual to whom subsection (a)
of this section, as in effect after December 1978, does not apply (including an
individual to whom subsection (a) of this section does not apply in any year by
reason of paragraph (4)(B) of that subsection (but the application of this
subsection in such cases shall be modified by the application of subdivision
(I) in the last sentence of paragraph (4) of that subsection)), except that for
this purpose, in applying paragraphs (2)(A)(ii), (2)(D)(iv), and (2)(D)(v) of
this subsection as in effect in December 1978, the phrase "increased to
the next higher multiple of $0.10" shall be deemed to read "decreased
to the next lower multiple of $0.10". For purposes of computing primary
insurance amounts and maximum family benefits (other than primary insurance
amounts and maximum family benefits for individuals to whom such paragraph
(4)(B) applies), the Commissioner of Social Security shall revise the table of
benefits contained in subsection (a) of this section, as in effect in December
1978, in accordance with the requirements of paragraph (2)(D) of this
subsection as then in effect, except that the requirement in such paragraph
(2)(D) that the Commissioner of Social Security publish such revision of the
table of benefits in the Federal Register shall not apply.
(5)(A) If - (i) with respect to any calendar
year the "applicable increase percentage" was determined under clause
(ii) of paragraph (1)(C) rather than under clause (i) of such paragraph, and
the increase becoming effective under paragraph (2) in such year was
accordingly determined on the basis of the wage increase percentage rather than
the CPI increase percentage (or there was no such increase becoming effective
under paragraph (2) in that year because there was no wage increase percentage
greater than zero), and (ii) for any subsequent calendar year in which an
increase under paragraph (2) becomes effective the OASDI fund ratio is greater
than 32.0 percent, then each of the amounts described in subdivisions (I),
(II), and (III) of paragraph (2)(A)(ii), as increased under paragraph (2)
effective with the month of December in such subsequent calendar year, shall be
further increased (effective with such month) by an additional percentage,
which shall be determined under subparagraph (B) and shall apply as provided in
subparagraph (C). Any amount so increased that is not a multiple of $0.10 shall
be decreased to the next lower multiple of $0.10. (B) The applicable additional
percentage by which the amounts described in subdivisions (I), (II), and (III)
of paragraph (2)(A)(ii) are to be further increased under subparagraph (A) in
the subsequent calendar year involved shall be the amount derived by - (i)
subtracting (I) the compounded percentage benefit increases that were actually
paid under paragraph (2) and this paragraph from (II) the compounded percentage
benefit increases that would have been paid if all increases under paragraph
(2) had been made on the basis of the CPI increase percentage, (ii) dividing
the difference by the sum of the compounded percentage in clause (i)(I) and 100
percent, and (iii) multiplying such quotient by 100 so as to yield such applicable
additional percentage (which shall be rounded to the nearest one-tenth of 1
percent), with the compounded increases referred to in clause (i) being
measured - (iv) in the case of amounts described in subdivision (I) of
paragraph (2)(A)(ii), over the period beginning with the calendar year in which
monthly benefits described in such subdivision were first increased on the
basis of the wage increase percentage and ending with the year before such
subsequent calendar year, and (v) in the case of amounts described in
subdivisions (II) and (III) of paragraph (2)(A)(ii), over the period beginning
with the calendar year in which the individual whose primary insurance amount
is increased under such subdivision (II) became eligible (as defined in
subsection (a)(3)(B) of this section) for the old- age or disability insurance
benefit that is being increased under this subsection, or died before becoming
so eligible, and ending with the year before such subsequent calendar year;
except that if the Commissioner of Social Security determines in any case that
the application (in accordance with subparagraph (C)) of the additional
percentage as computed under the preceding provisions of this subparagraph
would cause the OASDI fund ratio to fall below 32.0 percent in the calendar
year immediately following such subsequent year, the Commissioner shall reduce
such applicable additional percentage to the extent necessary to ensure that
the OASDI fund ratio will remain at or above 32.0 percent through the end of
such following year. (C) Any applicable additional percentage increase in an
amount described in subdivision (I), (II), or (III) of paragraph (2)(A)(ii),
made under this paragraph in any calendar year, shall thereafter be treated for
all the purposes of this chapter as a part of the increase made in such amount
under paragraph (2) for that year.
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