My Notch Baby husband passed away August 2, 2004. I would appreciate knowing what is happening now with Notch legislation. Would I be eligible for Notch benefits as his widow and Social Security beneficiary if the legislation is passed? — M.M.

"The Notch Fairness Act" (H.R. 615) legislation that would allow persons born from 1917 through 1926, or their survivors, a choice of either $5,000 payable over four years, or a higher monthly Social Security benefit, was reintroduced by Representative Ralph Hall (TX) earlier this year. The bill provides Notch Reform benefits for survivors of Notch Babies who are entitled to benefits on the account of their deceased spouse (or a deceased former spouse if divorced), as a disabled child, or other qualified dependent. You would be entitled to as much as 100% of the benefit your husband would have received.
TSCL believes that, for most beneficiaries, many of whom now suffer from serious chronic health conditions, the $5,000 sum would yield the highest benefit. However, should more than one person receive benefits on the account of your deceased spouse (for example, you and a disabled child) then the $5,000 lump sum would be split among all those entitled. For those beneficiaries, a higher monthly benefit may be a better choice, particularly if there is a younger disabled beneficiary who also receives monthly benefits and who may have on-going financial needs.

In recent months, TSCL has increasingly heard from Members of Congress that Notch Reform should be considered as part of overall Social Security reform. One of the leading proposals to overhaul the Social Security benefit formula, often referred to as "progressive indexing," however, would very likely give birth to future generations of Notch Babies. Because Congress is once again confronting the problem of how to equitably change the benefit formula, and in view of the high number of Notch Reform supporters in Congress, we believe the chances for Notch Reform are the best in over 10 years. Your continued pressure on your Member of the House will help build support to move The Notch Fairness Act out of committee. We urge you to get involved and ask your Representative to co-sponsor H.R. 615, " The Notch Fairness Act."

June 2005