I 

117TH CONGRESS 

1ST SESSION H. R. 2337 

To amend title II of the Social Security Act to provide an equitable Social 

Security formula for individuals with noncovered employment and to 

provide relief for individuals currently affected by the Windfall Elimination Provision. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2021 

Mr. NEAL (for himself, Mr. THOMPSON of California, Mr. LARSON of Connecticut, Mr. BLUMENAUER, Mr. PASCRELL, Mr. DANNY K. DAVIS of Illinois, Ms. SA ́NCHEZ, Mr. HIGGINS of New York, Ms. SEWELL, Ms. 

DELBENE, Ms. CHU, Ms. MOORE of Wisconsin, Mr. KILDEE, Mr. 

BRENDAN F. BOYLE of Pennsylvania, Mr. BEYER, Mr. EVANS, Mr. 

SCHNEIDER, Mr. SUOZZI, Mr. PANETTA, Mr. GOMEZ, Mr. HORSFORD, 

Ms. PLASKETT, Ms. SPANBERGER, Mr. SCHIFF, Mr. SMITH of Washington, Mr. ESPAILLAT, Mr. GREEN of Texas, Mr. LOWENTHAL, Mr. 

SIRES, Mr. HASTINGS, Ms. ADAMS, Mr. CARSON, Mr. KIM of New Jersey, 

Mr. LEVIN of Michigan, Ms. KUSTER, Ms. ESHOO, Mr. BROWN, Mr. 

DELGADO, Ms. PRESSLEY, Ms. LEE of California, Mr. THOMPSON of Mississippi, Ms. MCCOLLUM, Mr. FOSTER, Mr. KEATING, Mr. RUSH, Mrs. 

WATSON COLEMAN, Mr. SHERMAN, Mrs. CAROLYN B. MALONEY of New 

York, Mr. CRIST, Ms. PINGREE, Mr. PAPPAS, Mr. GARCI ́A of Illinois, 

Mrs. AXNE, Mr. ALLRED, Mr. LAMB, Mr. SOTO, Mr. CICILLINE, Mr. 

TRONE, Mr. KILMER, Ms. DEGETTE, Ms. TITUS, Mr. PAYNE, Mr. RUPPERSBERGER, Mr. PERLMUTTER, Ms. JOHNSON of Texas, Mrs. LURIA, 

Ms. NORTON, Ms. SLOTKIN, Mr. VELA, Ms. MENG, Mrs. NAPOLITANO, 

Mr. MEEKS, Mr. SABLAN, Mr. JEFFRIES, Mr. CUELLAR, Ms. SPEIER, 

Mrs. HAYES, Mr. AUCHINCLOSS, Mr. LANGEVIN, Mr. RASKIN, Ms. SCHAKOWSKY, Mr. GOLDEN, Mr. HUFFMAN, Mr. MCNERNEY, Mr. NADLER, 

Mr. MCGOVERN, Mr. CASTRO of Texas, Mr. COURTNEY, Mr. NEGUSE, 

Mr. GARAMENDI, Mr. GOTTHEIMER, Mrs. BEATTY, Mr. VARGAS, Ms. 

BROWNLEY, Ms. CLARK of Massachusetts, Ms. CASTOR of Florida, Ms. 

SCHRIER, Ms. BLUNT ROCHESTER, Mrs. TRAHAN, Mr. CORREA, Ms. 

ROYBAL-ALLARD, Mrs. MCBATH, Ms. DEAN, Mr. VEASEY, Ms. KAPTUR, 

Mr. DESAULNIER, Mr. POCAN, Ms. SCANLON, Mr. CARTWRIGHT, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. LEVIN of California, Ms. 

SHERRILL, Ms. BARRAGA ́N, Mrs. TORRES of California, Mr. TONKO, Mr. 

WELCH, Ms. JAYAPAL, Mr. KRISHNAMOORTHI, Ms. TLAIB, Mr. GRIJALVA, Mr. KHANNA, Ms. KELLY of Illinois, Mr. GALLEGO, Mr. 


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CARBAJAL, Mr. BISHOP of Georgia, Mr. PETERS, Mr. SEAN PATRICK

MALONEY of New York, Mr. MOULTON, Mr. LYNCH, Mr. COHEN, Ms. 

BONAMICI, Ms. GARCIA of Texas, Mr. DEUTCH, Mr. RYAN, Mr. 

CA ́RDENAS, Mrs. DEMINGS, Ms. ESCOBAR, Mr. VICENTE GONZALEZ of 

Texas, Ms. CLARKE of New York, and Ms. LOFGREN) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title II of the Social Security Act to provide 

an equitable Social Security formula for individuals with 

noncovered employment and to provide relief for individuals currently affected by the Windfall Elimination Provision. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Servants Pro5 tection and Fairness Act of 2021’’. 

6 SEC. 2. ALTERNATIVE FORMULA EQUALIZING BENEFITS 

7 FOR CERTAIN INDIVIDUALS WITH NON8 COVERED EMPLOYMENT. 

9 (a) IN GENERAL.—Section 215(a) of the Social Secu10 rity Act (42 U.S.C. 415(a)) is amended by inserting after 

11 paragraph (7) the following: 

12 ‘‘(8)(A) In the case of an individual whose primary 

13 insurance amount would be computed under paragraph 

14 (1) of this subsection— 


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1 ‘‘(i) who first becomes eligible for an old-age or 

2 disability insurance benefit after 2022 and who sub3 sequently becomes entitled to such benefit; 

4 ‘‘(ii) who has earnings derived from noncovered 

5 service performed in a year after 1977 and is enti6 tled to a monthly periodic payment based on such 

7 earnings; and 

8 ‘‘(iii) who has less than 30 years of coverage 

9 (as defined for purposes of paragraph (7)(D)), 

10 the primary insurance amount of such individual shall be 

11 the higher of the amount computed or recomputed under 

12 paragraph (7) without regard to this paragraph or the 

13 amount computed or recomputed under this paragraph. 

14 ‘‘(B) The primary insurance amount of an individual 

15 described in subparagraph (A), as computed or recom16 puted under this paragraph, shall be the product derived 

17 by multiplying— 

18 ‘‘(i) the individual’s primary insurance amount, 

19 as determined under paragraph (1) of this sub20 section and subparagraph (C) of this paragraph, by 

21 ‘‘(ii) a fraction— 

22 ‘‘(I) the numerator of which is the individ23 ual’s average indexed monthly earnings (deter24 mined without regard to subparagraph (C)), 

25 and 


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1 ‘‘(II) the denominator of which is an 

2 amount equal to the individual’s average in3 dexed monthly earnings (as determined under 

4 subparagraph (C)), 

5 rounded, if not a multiple of $0.10, to the next lower mul6 tiple of $0.10. 

7 ‘‘(C)(i) For purposes of determining an individual’s 

8 primary insurance amount and average indexed monthly 

9 earnings pursuant to clauses (i) and (ii)(II) of subpara10 graph (B), the individual’s average indexed monthly earn11 ings shall be determined by treating all recorded non12 covered earnings (as defined in clause (ii)(I)) derived by 

13 the individual from noncovered service performed in each 

14 year after 1977 as ‘wages’ (as defined in section 209 for 

15 purposes of this title), which shall be treated as included 

16 in the individual’s adjusted total covered earnings (as de17 fined in clause (ii)(II)) for such calendar year together 

18 with amounts consisting of ‘wages’ (as so defined without 

19 regard to this subparagraph) paid during such calendar 

20 year and self-employment income (as defined in section 

21 211(b)) for taxable years ending with or during such cal22 endar year. 

23 ‘‘(ii) For purposes of this subparagraph: 

24 ‘‘(I) The term ‘recorded noncovered earnings’ 

25 means earnings derived from noncovered service 


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1 (other than noncovered service as a member of a 

2 uniformed service (as defined in section 210(m))) for 

3 which satisfactory evidence is determined by the 

4 Commissioner to be available in the records of the 

5 Commissioner. 

6 ‘‘(II) The term ‘adjusted total covered earnings’ 

7 means, in connection with an individual for any cal8 endar year, the sum of the wages paid to the indi9 vidual during such calendar year (as adjusted under 

10 subsection (b)(3)) plus the self-employment income 

11 derived by the individual during any taxable year 

12 ending with or during such calendar year (as ad13 justed under subsection (b)(3)). 

14 ‘‘(iii) The Commissioner of Social Security shall pro15 vide by regulation or other public guidance for methods 

16 for determining whether satisfactory evidence is available 

17 in the records of the Commissioner for earnings for non18 covered service (other than noncovered service as a mem19 ber of a uniformed service (as defined in section 210(m))) 

20 to be treated as recorded noncovered earnings. Such meth21 ods shall provide for reliance on earnings information pro22 vided to the Commissioner by employers and which, as de23 termined by the Commissioner, constitute a reasonable 

24 basis for treatment of earnings for noncovered service as 

25 recorded noncovered earnings. In making determinations 


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1 under this clause, the Commissioner shall also take into 

2 account any documentary or other evidence of earnings de3 rived from noncovered service by an individual which is 

4 provided by the individual to the Commissioner and which 

5 the Commissioner considers appropriate as a reasonable 

6 basis for treatment of such earnings as recorded non7 covered earnings. 

8 ‘‘(iv) In the case of any individual who, at the time 

9 of application for old-age or disability insurance benefits 

10 under this title, has recorded noncovered earnings in an 

11 amount the Commissioner of Social Security determines 

12 may entitle the individual to a monthly periodic payment 

13 based on such earnings (but whose application does not 

14 report such a monthly periodic payment), the Commis15 sioner shall reconfirm with the individual whether such a 

16 monthly periodic payment is being paid in order to ensure 

17 the proper application of paragraph (7) and this para18 graph. 

19 ‘‘(D) Upon the death of an individual whose primary 

20 insurance amount is computed or recomputed under this 

21 paragraph, such primary insurance amount shall be com22 puted or recomputed under paragraph (1) of this sub23 section. 

24 ‘‘(E) In the case of any individual whose primary in25 surance amount would be computed under this paragraph 


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1 who first becomes entitled after 1985 to a monthly peri2 odic payment made by a foreign employer or foreign coun3 try that is based in whole or in part upon noncovered serv4 ice, the primary insurance amount of such individual shall 

5 be computed or recomputed under paragraph (7) or para6 graph (1), as applicable, for months beginning with the 

7 first month of the individual’s initial entitlement to such 

8 monthly periodic payment.’’. 

9 (b) CONFORMING AMENDMENTS.—Section 

10 215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)) is 

11 amended— 

12 (1) by striking ‘‘hereafter in this paragraph and 

13 in subsection (d)(3)’’ and inserting ‘‘in this para14 graph, paragraph (8), and subsection (d)(3)’’; and 

15 (2) by striking ‘‘shall be computed or recom16 puted’’ and inserting ‘‘shall, subject to paragraph 

17 (8), be computed or recomputed’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to monthly insurance 

20 benefits payable on or after January 1, 2023. 


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1 SEC. 3. ADDITIONAL MONTHLY PAYMENT FOR CERTAIN IN2 DIVIDUALS WHOSE BENEFIT AMOUNT IS RE3 DUCED BY THE WINDFALL ELIMINATION 

4 PROVISION. 

5 (a) IN GENERAL.—Section 215(a) of such Act (42 

6 U.S.C. 415(a)), as amended by section 2(a), is further 

7 amended by adding at the end the following: 

8 ‘‘(9)(A) For any month beginning at least 270 days 

9 after the date of the enactment of the Public Servants 

10 Protection and Fairness Act of 2021, the Commissioner 

11 of Social Security shall, subject to subparagraphs (D) and 

12 (E), make an additional monthly payment to each indi13 vidual who is an eligible individual for such month, in an 

14 amount equal to the amount determined under subpara15 graph (C) with respect to such eligible individual. 

16 ‘‘(B) For purposes of this paragraph, the term ‘eligi17 ble individual’ for a month means an individual (other 

18 than an individual described in paragraph (8)(E)) who— 

19 ‘‘(i) first becomes eligible for an old-age or dis20 ability insurance benefit under this title before 2023; 

21 and 

22 ‘‘(ii) is entitled to an old-age or disability insur23 ance benefit under this title for such month based 

24 on a primary insurance amount that was computed 

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1 quently recomputed under any other paragraph of 

2 this subsection). 

3 For purposes of clause (i), an individual shall be deemed 

4 eligible for a benefit for a month if, upon filing application 

5 therefor in such month, the individual would be entitled 

6 to such benefit for such month. For purposes of clause 

7 (ii), an individual shall be deemed entitled to a benefit 

8 based on a primary insurance amount that was computed 

9 or recomputed under paragraph (7) if such benefit would 

10 be based on such a primary insurance amount but for the 

11 application of paragraph (1)(C). 

12 ‘‘(C)(i) The amount determined under this paragraph 

13 with respect to an eligible individual is $150, except that 

14 in any case in which the amount by which the primary 

15 insurance amount of such eligible individual that would 

16 be computed for the individual’s initial computation month 

17 under this subsection without regard to paragraph (7) ex18 ceeds the primary insurance amount of such eligible indi19 vidual computed for such month under this subsection 

20 (taking paragraph (7) into account) is less than $150, the 

21 amount determined under this paragraph shall equal the 

22 amount of such excess. 

23 ‘‘(ii) For purposes of this subparagraph, the term 

24 ‘initial computation month’ means, with respect to an indi25 vidual, the later of— 


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1 ‘‘(I) the 1st month beginning at least 270 days 

2 after the date of the enactment of the Public Serv3 ants Protection and Fairness Act of 2021; or 

4 ‘‘(II) the 1st month for which the individual’s 

5 primary insurance amount is computed or recom6 puted under paragraph (7). 

7 ‘‘(D) In any case in which this title provides that no 

8 monthly benefit under section 202 or 223 shall be paid 

9 to an individual for a month, no additional monthly pay10 ment shall be paid to the individual for such month. This 

11 subparagraph shall not apply in the case of an individual 

12 whose monthly benefit under section 202 or 223 is re13 duced, regardless of the amount of the reduction, based 

14 on— 

15 ‘‘(i) the individual’s receipt of other income or 

16 benefits for such month; or 

17 ‘‘(ii) the adjustment or recovery of an overpay18 ment under section 204. 

19 ‘‘(E) Except for purposes of adjustment or recovery 

20 of an overpayment under section 204, an additional 

21 monthly payment under this paragraph shall not be sub22 ject to any reduction or deduction under this title. 

23 ‘‘(F) Whenever benefit amounts under this title are 

24 increased by any percentage effective with any month as 

25 a result of a determination made under subsection (i), 


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1 each additional monthly payment amount payable to an 

2 eligible individual under this paragraph shall be increased 

3 by the same percentage for months beginning with such 

4 month. 

5 ‘‘(G) The amount of any additional monthly payment 

6 under this paragraph shall be disregarded for purposes of 

7 determining the eligibility or benefit amount of an indi8 vidual for supplemental security income benefits payable 

9 under title XVI of the Social Security Act, but only if such 

10 individual— 

11 ‘‘(i) is eligible for a cash benefit payable under 

12 section 1611, section 1619(a), or section 1631(a)(7) 

13 for the 1st month beginning at least 270 days after 

14 the date of the enactment of the Public Servants 

15 Protection and Fairness Act of 2021; 

16 ‘‘(ii) is an individual described in section 

17 1619(b) for such month; or 

18 ‘‘(iii) is eligible for a State supplementary pay19 ment for such month of the type referred to in sec20 tion 1616(a) (or payments of the type described in 

21 section 212(a) of Public Law 93–66) which are paid 

22 by the Commissioner under an agreement referred to 

23 in section 1616(a) (or section 212(a) of Public Law 

24 93–66).’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to monthly insurance 

3 benefits payable for months beginning at least 270 days 

4 after the date of the enactment of this Act. 

5 SEC. 4. IMPROVEMENT IN SOCIAL SECURITY ACCOUNT 

6 STATEMENTS FOR PUBLIC SERVANTS. 

7 (a) IN GENERAL.—Section 1143(a) of the Social Se8 curity Act (42 U.S.C. 1320b–13(a)) is amended— 

9 (1) in paragraph (2)— 

10 (A) by redesignating subparagraphs (B) 

11 through (E) as subparagraphs (C) through (F); 

12 (B) by inserting after subparagraph (A) 

13 the following: 

14 ‘‘(B) the amount of earnings derived by 

15 the eligible individual from service performed 

16 after 1977 which did not constitute employment 

17 (as defined in section 210), not including serv18 ice as a member of a uniformed service (as de19 fined in section 210(m)), as shown by the 

20 records of the Commissioner at the date of the 

21 request;’’; and 

22 (C) in subparagraph (E) (as redesignated 

23 by subparagraph (A)), by inserting ‘‘(in the 

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1 surance amount estimated pursuant to para2 graph (8) of section 215(a) and including a no3 tation indicating the use of such method of cal4 culation)’’ after ‘‘account’’; and 

5 (2) in paragraph (3)(C)(ii)— 

6 (A) by striking ‘‘wages or self-employment 

7 income’’ and inserting ‘‘wages, self-employment 

8 income, and earnings derived from noncovered 

9 service (within the meaning of section 

10 215(a)(7))’’; and 

11 (B) by striking ‘‘of noncovered employ12 ment’’ and inserting ‘‘that the individual’s pri13 mary insurance amount will be computed under 

14 paragraph (7) or (8) of section 215(a)’’. 

15 (b) CONFORMING AMENDMENTS.—Section 1143 of 

16 the Social Security Act (42 U.S.C. 1320b–13) is amend17 ed— 

18 (1) in subsection (a)(2)(F) (as redesignated by 

19 subsection (a)(1)(A) of this section), by striking 

20 ‘‘sections 202(k)(5) and 215(a)(7)’’ and all that fol21 lows through ‘‘auxiliary benefits’’ and inserting ‘‘sec22 tions 202(k)(5), 215(a)(7), and 215(a)(8)’’; and 

23 (2) in subsection (d)(1)— 

24 (A) by striking ‘‘maximum’’; and 


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1 (B) by striking ‘‘section 215(a)(7)’’ and in2 serting ‘‘sections 215(a)(7) and 215(a)(8)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to Social Security ac5 count statements issued on or after January 1, 2023. 

6 SEC. 5. STUDY ON AVAILABILITY OF INFORMATION RELAT7 ING TO RETIREMENT PLANS. 

8 (a) IN GENERAL.—The Comptroller General shall 

9 conduct a study to determine the extent to which State 

10 and local governments (or their designees) that maintain 

11 retirement plans for their employees possess or otherwise 

12 have access to information sufficient to determine what 

13 amount of a participant’s benefits under such plan are 

14 based on noncovered service (within the meaning of section 

15 215(a)(7) of the Social Security Act (42 U.S.C. 

16 415(a)(7))). 

17 (b) REPORT.—Not later than 2 years after the date 

18 of the enactment of this Act, the Comptroller General shall 

19 submit a report to the Committee on Ways and Means 

20 of the House of Representatives and the Committee on 

21 Finance of the Senate on the results of the study described 

22 in subsection (a). 


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1 SEC. 6. HOLD HARMLESS FOR THE SOCIAL SECURITY 

2 TRUST FUNDS. 

3 There are appropriated, out of any moneys in the 

4 Treasury not otherwise appropriated, to each of the Fed5 eral Old-Age and Survivors Insurance Trust Fund and the 

6 Federal Disability Insurance Trust Fund for each fiscal 

7 year such amounts as the chief actuary of the Social Secu8 rity Administration shall certify are necessary to place 

9 each such Trust Fund in the same position at the end 

10 of such fiscal year as it would have been in if the amend11 ments made by this Act had not been enacted. 

Æ 


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