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October 2015

 

By Anthony J. Sanders

sanderstony@live.com

 

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 President’s Visit right before Halloween FY2013, and the Valentine’s 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 Say’s 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 “law” he refuses to cite.  Deprivation of COLA constitutes deprivation of relief benefits against all beneficiaries, not just the disabled beneficiaries the Actuary’s incompetence targets with trust fund depletion and benefit reduction under 18USC§246.  The Actuary seems to be badly deluded regarding ‘excluding transfers between such trust funds’ that actually means to an accountant, that as long the combined OASDI Trust Fund has a trust fund ratio better than 20.0, the Actuary’s inability to perform the infamous “pain in the OASDI tax rate calculation” 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 Veteran’s 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 2020…Quiz

 

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 Bank’s 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 “Customs”, 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)…Quiz

 

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.—Trust 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.  --- end