EXCLUSION OF TOTALIZATION BENEFITS FROM THE APPLICATION OF THE WINDFALL EUMINATION PROVISION.

SEC. 307. EXCLUSION OF TOTALIZATION BENEFITS FROM THE APPLICATION OF THE WINDFALL EUMINATION PROVISION. (a) In General.— Section 215(a)(7) of the Social Security Act (42 U.S.C. 415(a)(7)) is amended— (1) in subparagraph (A), by striking “but excluding” and all that follows through “1937” and inserting “but excluding (I) a payment under the Railroad Retirement Act of 1974 or 1937, and (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 233”; and (2) in subparagraph (E), by inserting after “in the case of an individual” the following: “whose eligibility for old-age or disability insurance benefits is based on an agreement concluded pursuant to section 233 or an individual”. (b) Conforming Amendment Relating to Benefits Under 1939 Act.— Section 215(d)(3) of such Act (42 U.S.C. 415(d)(3)) is amended by striking “but excluding” and all that follows through “1937” and inserting “but excluding (I) a payment under the Railroad Retirement Act of 1974 or 1937, and (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 233”. (c) Effective Date.— The amendments made by this section shall apply (notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1))) with respect to benefits payable for months after December 1994.