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108th CONGRESS
2d Session
S. 2754
To amend the Social Security Act to protect social security cost-of-
living adjustments (COLA).
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2004
Mr. Daschle (for himself, Mr. Reed, Mrs. Murray, Mr. Johnson, Ms.
Mikulski, Ms. Cantwell, Ms. Stabenow, and Mr. Leahy) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend the Social Security Act to protect social security cost-of-
living adjustments (COLA).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security COLA Protection Act
of 2004''.
SEC. 2. PROTECTION OF SOCIAL SECURITY COLA INCREASES AGAINST EXCESSIVE
MEDICARE PREMIUM INCREASES.
(a) Application to Part B Premiums.--Section 1839(f) of the Social
Security Act (42 U.S.C. 1395r(f)) is amended--
(1) by striking ``(f) For any calendar year after 1988''
and inserting ``(f)(1) For any calendar year after 1988 and
before 2005''; and
(2) by adding at the end the following new paragraph:
``(2) For any calendar year (beginning with 2005), if an individual
is entitled to monthly benefits under section 202 or 223 or to a
monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad
Retirement Act of 1974 for November and December of the preceding year,
if the monthly premium of the individual under this section for
December of the preceding year and for January of the year involved is
deducted from those benefits under section 1840(a)(1) or section
1840(b)(1), and if the amount of the individual's premium is not
adjusted for January of the year involved under subsection (i), the
monthly premium otherwise determined under this section for the
individual for that year shall not be increased pursuant to subsection
(a)(3) to an amount that exceeds 25 percent of the amount of the
increase in such monthly benefits for that individual attributable to
section 215(i).''.
(b) Application to Part D Premiums.--
(1) In general.--Section 1860D-13(a)(1) of such Act (42
U.S.C. 1395ww-113(a)(1)) is amended--
(A) in subparagraph (F), by striking ``(D) and
(E),'' and inserting ``(D), (E), and (F),'';
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Protection of social security cola
increase.--For any calendar year, if an individual is
entitled to monthly benefits under section 202 or 223
or to a monthly annuity under section 3(a), 4(a), or
4(f) of the Railroad Retirement Act of 1974 for
November and December of the preceding year and was
enrolled under a PDP plan or MA-PD plan for such
months, the base beneficiary premium otherwise applied
under this paragraph for the individual for months in
that year shall be decreased by the amount (if any) by
which the sum of the amounts described in the following
clauses (i) and (ii) exceeds 25 percent of the amount
of the increase in such monthly benefits for that
individual attributable to section 215(i):
``(i) Part d premium increase factor.--
``(I) In general.--Except as
provided in this clause, the amount of
the increase (if any) in the adjusted
national average monthly bid amount (as
determined under subparagraph (B)(iii))
for a month in the year over such
amount for a month in the preceding
year.
``(II) No application to full
premium subsidy individuals.--In the
case of an individual enrolled for a
premium subsidy under section 1860D-
14(a)(1), zero.
``(III) Special rule for partial
premium subsidy individuals.--In the
case of an individual enrolled for a
premium subsidy under section 1860D-
14(a)(2), a percent of the increase
described in subclause (I) equal to 100
percent minus the percent applied based
on the linear scale under such section.
``(ii) Part b premium increase factor.--If
the individual is enrolled for such months
under part B--
``(I) In general.--Except as
provided in subclause (II), the amount
of the annual increase in premium
effective for such year resulting from
the application of section 1839(a)(3),
as reduced (if any) under section
1839(f)(2).
``(II) No application to
individuals participating in medicare
savings program.--In the case of an
individual who is enrolled for medical
assistance under title XIX for medicare
cost-sharing described in section
1905(p)(3)(A)(ii), zero.''.
(2) Application under medicare advantage program.--Section
1854(b)(2)(B) of such Act (42 U.S.C. 1395w-24(b)(2)(B)), as in
effect as of January 1, 2006, relating to MA monthly
prescription drug beneficiary premium, is amended by inserting
after ``as adjusted under section 1860D-13(a)(1)(B)'' the
following: ``and section 1860D-13(a)(1)(F)''.
(3) Payment from medicare prescription drug account.--
Section 1860D-16(b) of such Act (42 U.S.C. 1395w-116(b)) is
amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) payment under paragraph (5) of premium
reductions effected under section 1860D-13(a)(1)(F).'';
and
(B) by adding at the end the following new
paragraph:
``(5) Payment for cola protection premium reductions.--
``(A) In general.--In addition to payments provided
under section 1860D-15 to a PDP sponsor or an MA
organization, in the case of each part D eligible
individual who is enrolled in a prescription drug plan
offered by such sponsor or an MA-PD plan offered by
such organization and who has a premium reduced under
section 1860D-13(a)(1)(F), the Secretary shall provide
for payment to such sponsor or organization of an
amount equivalent to the amount of such premium
reduction.
``(B) Application of provisions.--The provisions of
subsections (d) and (f) of section 1860D-15 (relating
to payment methods and disclosure of information) shall
apply to payment under subparagraph (A) in the same
manner as they apply to payments under such section.''.
(c) Disregard of Premium Reductions in Determining Dedicated
Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended by adding at the end the following:
``Such premiums shall also be determined without regard to any
reductions effected under section 1839(f)(2) or 1860D-13(a)(1)(F) of
such title.''.
(d) Effective Dates.--
(1) Part b premium.--The amendments made by subsection (a)
apply to premiums for months beginning with January 2005.
(2) Part d premium.--The amendments made by subsection (b)
apply to premiums for months beginning with January 2007.
(3) MMA provision.--The amendment made by subsection (c)
shall take effect on the date of the enactment of this Act.
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