I 

109TH CONGRESS 

1ST SESSION H. R. 1714 

To amend title II of the Social Security Act to repeal the windfall elimination 

provision and protect the retirement of public servants. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2005 

Mr. BRADY of Texas (for himself, Mr. PAUL, Mr. CARTER, Mr. DOOLITTLE, 

Mr. DELAY, Ms. GRANGER, Mr. SHAW, Mr. SHAYS, Mr. NEUGEBAUER, 

Mr. SAM JOHNSON of Texas, Mr. EDWARDS, Mr. BURGESS, Mr. SIMMONS, Mrs. DAVIS of California, Mr. HINOJOSA, Mr. SESSIONS, Mr. 

MICHAUD, Mrs. MALONEY, Mr. HULSHOF, Mr. CALVERT, Mr. MCGOVERN, Mr. CULBERSON, Mr. LEWIS of Kentucky, Mr. BILIRAKIS, and Mr. 

RYAN of Wisconsin) 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 repeal the 

windfall elimination provision and protect the retirement 

of public servants. 

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 Servant Retire5 ment Protection Act of 2005’’. 
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1 SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION 

2 PROVISION. 

3 Paragraph (7) of section 215(a) of the Social Secu4 rity Act (42 U.S.C. 415(a)(7)) is repealed. 

5 SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION 

6 PROVISION WITH A FORMULA EQUALIZING 

7 BENEFITS FOR CERTAIN INDIVIDUALS WITH 

8 NON-COVERED EMPLOYMENT. 

9 (a) SUBSTITUTION OF PROPORTIONAL FORMULAFOR

10 FORMULA BASED ON COVERED PORTION OF PERIODIC

11 BENEFIT.— 

12 (1) IN GENERAL.—Section 215(a) of the Social 

13 Security Act (as amended by section 2 of this Act) 

14 is amended further by inserting after paragraph (6) 

15 the following new paragraph: 

16 ‘‘(7)(A) In the case of an individual whose primary 

17 insurance amount would be computed under paragraph 

18 (1) of this subsection, who— 

19 ‘‘(i) attains age 62 after 1985 (except where he 

20 or she became entitled to a disability insurance ben21 efit before 1986 and remained so entitled in any of 

22 the 12 months immediately preceding his or her at23 tainment of age 62), or 

24 ‘‘(ii) would attain age 62 after 1985 and be25 comes eligible for a disability insurance benefit after 

26 1985, 
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1 and who first becomes eligible after 1985 for a monthly 

2 periodic payment (including a payment determined under 

3 subparagraph (E), but excluding (I) a payment under the 

4 Railroad Retirement Act of 1974 or 1937, (II) a payment 

5 by a social security system of a foreign country based on 

6 an agreement concluded between the United States and 

7 such foreign country pursuant to section 233, and (III) 

8 a payment based wholly on service as a member of a uni9 formed service (as defined in section 210(m)) which is 

10 based in whole or in part upon his or her earnings for 

11 service which did not constitute ‘employment’ as defined 

12 in section 210 for purposes of this title (hereafter in this 

13 paragraph and in subsection (d)(3) referred to as ‘non14 covered service’), the primary insurance amount of that 

15 individual during his or her concurrent entitlement to such 

16 monthly periodic payment and to old-age or disability in17 surance benefits shall be computed or recomputed under 

18 this paragraph. 

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

20 described in subparagraph (A), as computed or recom21 puted under this paragraph, shall be— 

22 ‘‘(i) in the case of an individual who first per23 forms noncovered service after the 12th calendar 

24 month following the date of the enactment of the 

25 Public Servant Retirement Protection Act of 2005, 
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1 the primary insurance amount determined under 

2 subparagraph (C), or 

3 ‘‘(ii) in the case of an individual who has per4 formed noncovered service during or before the 12th 

5 calendar month following the date of the enactment 

6 of the Public Servant Retirement Protection Act of 

7 2005, the larger of— 

8 ‘‘(I) the primary insurance amount deter9 mined under subparagraph (C), or 

10 ‘‘(II) the primary insurance amount deter11 mined under subparagraph (E). 

12 ‘‘(C) An individual’s primary insurance amount de13 termined under this subparagraph shall be the product de14 rived by multiplying— 

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

16 as determined under paragraph (1) of this sub17 section and subparagraph (D)(i) of this paragraph, 

18 by 

19 ‘‘(ii) a fraction— 

20 ‘‘(I) the numerator of which is the individ21 ual’s average indexed monthly earnings (deter22 mined without regard to subparagraph (D)(i)), 

23 and 

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

25 amount equal to the individual’s average in-
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1 dexed monthly earnings (as determined under 

2 subparagraph (D)(i)), 

3 rounded, if not a multiple of $0.10, to the next lower mul4 tiple of $0.10. 

5 ‘‘(D)(i) For purposes of determining an individual’s 

6 primary insurance amount pursuant to subparagraph 

7 (C)(i), the individual’s average indexed monthly earnings 

8 shall be determined by treating all service performed after 

9 1950 on which the individual’s monthly periodic payment 

10 referred to in subparagraph (A) is based (other than non11 covered service as a member of a uniformed service (as 

12 defined in section 210(m))) as ‘employment’ as defined in 

13 section 210 for purposes of this title (together with all 

14 other service performed by such individual consisting of 

15 ‘employment’ as so defined). 

16 ‘‘(ii) For purposes of determining average indexed 

17 monthly earnings as described in clause (i), the Commis18 sioner of Social Security shall provide by regulation for 

19 a method for determining the amount of wages derived 

20 from service performed after 1950 on which the individ21 ual’s periodic benefit is based and which is to be treated 

22 as ‘employment’ solely for purposes of clause (i). Such 

23 method shall provide for reliance on employment records 

24 which are provided to the Commissioner and which, as de25 termined by the Commissioner, constitute a reasonable 
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1 basis for treatment of service as ‘employment’ for such 

2 purposes, together with such other information received 

3 by the Commissioner (including such documentary evi4 dence of earnings derived from noncovered service as may 

5 be provided to the Commissioner by the individual) as the 

6 Commissioner may consider appropriate as a reasonable 

7 basis for treatment of service as ‘employment’ for such 

8 purposes. The Commissioner shall enter into such ar9 rangements as are necessary and appropriate with the De10 partment of the Treasury, the Department of Labor, other 

11 Federal agencies, and agencies of States and political sub12 divisions thereof so as to secure satisfactory evidence of 

13 earnings for noncovered service described in subparagraph 

14 (A) for purposes of this clause and clauses (iii) and (iv). 

15 The Secretary of the Treasury, the Secretary of Labor, 

16 and the heads of all other Federal agencies are authorized 

17 and directed to cooperate with the Commissioner and, to 

18 the extent permitted by law, to provide such employment 

19 records and other information as the Commissioner may 

20 request for their assistance in the performance of the 

21 Commissioner’s functions under this clause and clauses 

22 (iii) and (iv). 

23 ‘‘(iii) In any case in which satisfactory evidence of 

24 earnings for noncovered service which was performed by 

25 an individual during any year or portion of a year after 
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1 1977 is not otherwise available, the Commissioner may, 

2 for purposes of clause (ii), accept as satisfactory evidence 

3 of such individual’s earnings for such noncovered service 

4 during such year or portion of a year reasonable extrapo5 lations from available information with respect to earnings 

6 for noncovered service of such individual for periods imme7 diately preceding and following such year or portion of a 

8 year. 

9 ‘‘(iv) In any case in which satisfactory evidence of 

10 earnings for noncovered service which was performed by 

11 an individual during any period before 1978 is not other12 wise available, the Commissioner may, for purposes of 

13 clause (ii), accept as satisfactory evidence of such individ14 ual’s earnings for such noncovered service during such pe15 riod — 

16 ‘‘(I) the individual’s written attestation of such 

17 earnings, if such attestation is corroborated by at 

18 least 1 other individual who is knowledgeable of the 

19 relevant facts, or 

20 ‘‘(II) available information regarding the aver21 age earnings for noncovered service for the same pe22 riod for individuals in similar positions in the same 

23 profession in the same State or political subdivision 

24 thereof, or, in any case in which such information is 

25 not available for such period, reasonable extrapo-
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1 lations of average earnings for noncovered service 

2 for such individuals from periods immediately pre3 ceding and following such period. 

4 ‘‘(v) In any case described in subparagraph (B)(i), 

5 if the requirements of clause (ii) of this subparagraph are 

6 not met (after applying clauses (iii) and (iv)), the primary 

7 insurance amount of the individual shall be, notwith8 standing subparagraph (B)(i), the primary insurance 

9 amount computed under subparagraph (E). 

10 ‘‘(E)(i) For purposes of determining the primary in11 surance amount under this subparagraph— 

12 ‘‘(I) there shall first be computed an amount 

13 equal to the individual’s primary insurance amount 

14 under paragraph (1) of this subsection, except that 

15 for purposes of such computation the percentage of 

16 the individual’s average indexed monthly earnings 

17 established by subparagraph (A)(i) of paragraph (1) 

18 shall be the percent specified in clause (ii), and 

19 ‘‘(II) there shall then be computed (without re20 gard to this paragraph) a second amount, which 

21 shall be equal to the individual’s primary insurance 

22 amount under paragraph (1) of this subsection, ex23 cept that such second amount shall be reduced by an 

24 amount equal to one-half of the portion of the 

25 monthly periodic payment which is attributable to 
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1 noncovered service performed after 1956 (with such 

2 attribution being based on the proportionate number 

3 of years of such noncovered service) and to which 

4 the individual is entitled (or is deemed to be enti5 tled) for the initial month of his or her concurrent 

6 entitlement to such monthly periodic payment and 

7 old-age or disability insurance benefits. 

8 An individual’s primary insurance amount determined 

9 under this subparagraph shall be the larger of the two 

10 amounts computed under this clause (before the applica11 tion of subsection (i)). 

12 ‘‘(ii) For purposes of clause (i), the percent specified 

13 in this clause is— 

14 ‘‘(I) 80.0 percent with respect to individuals 

15 who become eligible (as defined in paragraph (3)(B)) 

16 for old-age insurance benefits (or became eligible as 

17 so defined for disability insurance benefits before at18 taining age 62) in 1986; 

19 ‘‘(II) 70.0 percent with respect to individuals 

20 who so become eligible in 1987; 

21 ‘‘(III) 60.0 percent with respect to individuals 

22 who so become eligible in 1988; 

23 ‘‘(IV) 50.0 percent with respect to individuals 

24 who so become eligible in 1989; and 
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1 ‘‘(V) 40.0 percent with respect to individuals 

2 who so become eligible in 1990 or thereafter. 

3 ‘‘(F)(i) Any periodic payment which otherwise meets 

4 the requirements of subparagraph (A), but which is paid 

5 on other than a monthly basis, shall be allocated on a basis 

6 equivalent to a monthly payment (as determined by the 

7 Commissioner of Social Security), and such equivalent 

8 monthly payment shall constitute a monthly periodic pay9 ment for purposes of this paragraph. 

10 ‘‘(ii) In the case of an individual who has elected to 

11 receive a periodic payment that has been reduced so as 

12 to provide a survivor’s benefit to any other individual, the 

13 payment shall be deemed to be increased (for purposes of 

14 any computation under this paragraph or subsection 

15 (d)(3) by the amount of such reduction. 

16 ‘‘(iii) For purposes of this paragraph, the term ‘peri17 odic payment’ includes a payment payable in a lump sum 

18 if it is a commutation of, or a substitute for, periodic pay19 ments. 

20 ‘‘(G)(i) This paragraph shall not apply in the case 

21 of an individual who has 30 years or more of coverage. 

22 In the case of an individual who has more than 20 years 

23 of coverage but less than 30 years of coverage (as so de24 fined), the percent specified in the applicable subdivision 

25 of subparagraph (E)(ii) shall (if such percent is smaller 
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1 than the applicable percent specified in the following table) 

2 be deemed to be the applicable percent specified in the 

3 following table: 

‘‘If the number of such individual’s years of coverage (as so 

defined) is: 

The applicable percent is: 

29 ....................................................................................................... 85 

28 ....................................................................................................... 80 

27 ....................................................................................................... 75 

26 ....................................................................................................... 70 

25 ....................................................................................................... 65 

24 ....................................................................................................... 60 

23 ....................................................................................................... 55 

22 ....................................................................................................... 50 

21 ....................................................................................................... 45 

4 ‘‘(ii) For purposes of clause (i), the term ‘year of cov5 erage’ shall have the meaning provided in paragraph 

6 (1)(C)(ii), except that the reference to ‘15 percent’ therein 

7 shall be deemed to be a reference to ‘25 percent’. 

8 ‘‘(H) An individual’s primary insurance amount de9 termined under this paragraph shall be deemed to be com10 puted under paragraph (1) of this subsection for the pur11 pose of applying other provisions of this title. 

12 ‘‘(I) This paragraph shall not apply in the case of 

13 an individual whose eligibility for old-age or disability in14 surance benefits is based on an agreement concluded pur15 suant to section 233 or an individual who on January 1, 

16 1984— 

17 ‘‘(i) is an employee performing service to which 

18 social security coverage is extended on that date 

19 solely by reason of the amendments made by section 

20 101 of the Social Security Amendments of 1983; or 
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1 ‘‘(ii) is an employee of a nonprofit organization 

2 which (on December 31, 1983) did not have in effect 

3 a waiver certificate under section 3121(k) of the In4 ternal Revenue Code of 1954 and to the employees 

5 of which social security coverage is extended on that 

6 date solely by reason of the amendments made by 

7 section 102 of that Act, unless social security cov8 erage had previously extended to service performed 

9 by such individual as an employee of that organiza10 tion under a waiver certificate which was subse11 quently (prior to December 31, 1983) terminated.’’. 

12 (2) CONFORMING AMENDMENTS.— 

13 (A) Section 215(d)(3) of such Act (42 

14 U.S.C. 415(d)(3)) is amended— 

15 (i) by striking ‘‘subsection (a)(7)(C)’’ 

16 each place it appears and inserting ‘‘sub17 section (a)(7)(F)’’; 

18 (ii) by striking ‘‘subparagraph (E)’’ 

19 and inserting ‘‘subparagraph (I)’’; and 

20 (iii) by striking ‘‘subparagraph (D)’’ 

21 and inserting ‘‘subparagraph (G)(i)’’. 

22 (B) Section 215(f)(9)(A) of such Act (42 

23 U.S.C. 415(f)(9)(A)) is amended by striking 

24 ‘‘(a)(7)(C)’’ and inserting ‘‘(a)(7)(F)’’. 
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1 SEC. 4. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply with 

3 respect to monthly insurance benefits for months com4 mencing with or after the 12th calendar month following 

5 the date of the enactment of this Act. Notwithstanding 

6 section 215(f) of the Social Security Act, the Commis7 sioner of Social Security shall recompute primary insur8 ance amounts to the extent necessary to carry out the 

9 amendments made by this Act. 

Æ