Assembly Joint Resolution No. 5–Assemblyman Manendo

FILE NUMBER........

Whereas, The provisions set forth in 42 U.S.C. § 415 for determining

the primary insurance amount of a person receiving social security were

amended in 1977 by Public Law 95-216; and

Whereas, Those amendments resulted in disparate benefits according to

when a person initially becomes eligible for benefits; and

Whereas, Persons who were born during the years 1917 to 1926,

inclusive, and who are commonly referred to as "notch babies," receive

lower benefits than persons who were born before that time; and

Whereas, The payment of benefits under the social security system is

not based on need or other considerations related to welfare, but on a

program of insurance based on contributions by a person and his employer;

and

Whereas, During the 105th session of Congress, H.R. 3008 and S. 2003

were introduced in the House of Representatives and the Senate,

respectively, to provide compensation for the inequities in the payment of

social security benefits to persons based on the year in which they initially

become eligible for such benefits, but no action has been taken on such

legislation; and

Whereas, The discrimination between persons receiving benefits is

contrary to the principles of justice and fairness; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada,

Jointly, That Congress is hereby urged to enact legislation that provides

for the payment of lump sums to persons who became eligible for social

security benefits after 1981 and before 1992 and have received lower

benefits as a result of the changes in the computation of benefits enacted by

Public Law 95-216, as compensation for the reduced benefits they have

been paid; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a

copy of this resolution to the Vice President of the United States as

presiding officer of the Senate, the Speaker of the House of Representatives

and each member of the Nevada Congressional Delegation; and be it further

Resolved, That this resolution becomes effective upon passage and

approval.

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