I 

116TH CONGRESS 

1ST SESSION H. R. 3934 

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

provision with a formula equalizing benefits for certain individuals with 

noncovered employment, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2019 

Mr. BRADY (for himself, Mr. ARRINGTON, Mr. BABIN, Mr. BACON, Mr. 

BUCSHON, Mr. BURGESS, Mr. CARTER of Texas, Mr. CONAWAY, Mr. 

FLORES, Mr. GONZALEZ of Texas, Ms. GRANGER, Mr. GRAVES of Louisiana, Mr. GUTHRIE, Mr. KEVIN HERN of Oklahoma, Mr. HURD of 

Texas, Mr. KING of Iowa, Mr. LATTA, Mr. MARCHANT, Mr. MCCAUL, 

Mr. OLSON, Mr. RATCLIFFE, Mr. SHIMKUS, Mr. TAYLOR, Mr. VELA, Mr. 

WEBER of Texas, Mr. WRIGHT, Mr. RICE of South Carolina, and Mr. 

CRENSHAW) 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 replace 

the windfall elimination provision with a formula equalizing benefits for certain individuals with noncovered employment, and for other purposes. 

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 ‘‘Equal Treatment of 

5 Public Servants Act of 2019’’. 


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1 SEC. 2. REPLACEMENT OF THE WINDFALL ELIMINATION 

2 PROVISION WITH A FORMULA EQUALIZING 

3 BENEFITS FOR CERTAIN INDIVIDUALS WITH 

4 NONCOVERED EMPLOYMENT. 

5 (a) IN GENERAL.—Section 215(a) of the Social Secu6 rity Act (42 U.S.C. 415(a)) is amended by inserting after 

7 paragraph (7) the following: 

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

9 insurance amount would be computed under paragraph 

10 (1) of this subsection— 

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

12 disability insurance benefit after 2060, 

13 ‘‘(ii) who subsequently becomes entitled to such 

14 benefit, and 

15 ‘‘(iii) who has earnings derived from noncovered 

16 service performed in a year after 1977, 

17 the primary insurance amount of such individual shall be 

18 the amount computed or recomputed under this para19 graph. 

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

21 described in subparagraph (A), as computed or recom22 puted under this paragraph, shall be the product derived 

23 by multiplying— 

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

25 as determined under paragraph (1) of this sub26 section and subparagraph (C) of this paragraph, by 


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1 ‘‘(ii) a fraction— 

2 ‘‘(I) the numerator of which is the individ3 ual’s average indexed monthly earnings (deter4 mined without regard to subparagraph (C)), 

5 and 

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

7 amount equal to the individual’s average in8 dexed monthly earnings (as determined under 

9 subparagraph (C)), 

10 rounded, if not a multiple of $0.10, to the next lower mul11 tiple of $0.10. 

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

13 primary insurance amount pursuant to clauses (i) and 

14 (ii)(II) of subparagraph (B), the individual’s average in15 dexed monthly earnings shall be determined by treating 

16 all recorded noncovered earnings (as defined in clause 

17 (ii)(I)) derived by the individual from noncovered service 

18 performed in each year after 1977 as ‘wages’ (as defined 

19 in section 209 for purposes of this title), which shall be 

20 treated as included in the individual’s adjusted total cov21 ered earnings (as defined in clause (ii)(II)) for such cal22 endar year together with amounts consisting of ‘wages’ (as 

23 so defined without regard to this subparagraph) paid dur24 ing such calendar year and self-employment income (as 


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1 defined in section 211(b)) for taxable years ending with 

2 or during such calendar year. 

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

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

5 means earnings derived from noncovered service 

6 (other than noncovered service as a member of a 

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

8 which satisfactory evidence is determined by the 

9 Commissioner to be available in the records of the 

10 Commissioner. 

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

12 means, in connection with an individual for any cal13 endar year, the sum of the wages paid to the indi14 vidual during such calendar year (as adjusted under 

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

16 derived by the individual during any taxable year 

17 ending with or during such calendar year (as ad18 justed under subsection (b)(3)). 

19 ‘‘(iii) The Commissioner of Social Security shall pro20 vide by regulation or other public guidance for methods 

21 for determining whether satisfactory evidence is available 

22 in the records of the Commissioner for earnings for non23 covered service (other than noncovered service as a mem24 ber of a uniformed service (as defined in section 210(m)) 

25 to be treated as recorded noncovered earnings. Such methVerDate Sep 11 2014 01:13 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934

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1 ods shall provide for reliance on earnings information 

2 which is provided to the Commissioner by employers and 

3 which, as determined by the Commissioner, constitute a 

4 reasonable basis for treatment of earnings for noncovered 

5 service as recorded noncovered earnings. In making deter6 minations under this clause, the Commissioner shall also 

7 take into account any documentary or other evidence of 

8 earnings derived from noncovered service by an individual 

9 which is provided by the individual to the Commissioner 

10 and which the Commissioner considers appropriate as a 

11 reasonable basis for treatment of such earnings as re12 corded noncovered earnings. 

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

14 insurance amount is computed or recomputed under this 

15 paragraph, such primary insurance amount shall be com16 puted or recomputed under paragraph (1) of this sub17 section. 

18 ‘‘(E) In the case of any individual whose primary in19 surance amount would be computed under this paragraph 

20 who first becomes entitled after 1985 to a monthly peri21 odic payment made by a foreign employer or foreign coun22 try that is based in whole or in part upon noncovered serv23 ice, the primary insurance amount of such individual shall 

24 be computed or recomputed under paragraph (7) or para25 graph (1), as applicable, for months beginning with the 


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

2 monthly periodic payment.’’. 

3 (b) CONFORMING AMENDMENTS.—Section 

4 215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)) is 

5 amended— 

6 (1) in clause (i)— 

7 (A) by striking ‘‘after 1985’’ and inserting 

8 ‘‘after 1985 and before 2061’’; and 

9 (B) by striking ‘‘or’’ at the end; 

10 (2) in clause (ii)— 

11 (A) by striking ‘‘after 1985’’ each place it 

12 appears and inserting ‘‘after 1985 and before 

13 2061’’; and 

14 (B) by adding ‘‘or’’ at the end; 

15 (3) by inserting after clause (ii) the following: 

16 ‘‘(iii) is an individual described in paragraph 

17 (8)(E),’’; and 

18 (4) by striking ‘‘hereafter in this paragraph and 

19 in subsection (d)(3)’’ and inserting ‘‘in this para20 graph, paragraphs (8) and (9), and subsection 

21 (d)(3)’’. 

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

23 this section shall apply with respect to monthly insurance 

24 benefits payable on or after January 1, 2022. 


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1 SEC. 3. BENEFIT CALCULATION DURING TRANSITION PE2 RIOD. 

3 (a) IN GENERAL.—Section 215(a) of the Social Secu4 rity Act (42 U.S.C. 415(a)), as amended by section 2, is 

5 further amended by inserting after paragraph (8) the fol6 lowing: 

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

8 insurance amount would be computed under paragraph 

9 (1) of this subsection— 

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

11 disability insurance benefit after 2021 and before 

12 2061, 

13 ‘‘(ii) who subsequently becomes entitled to such 

14 benefit, and 

15 ‘‘(iii) who has earnings derived from noncovered 

16 service performed in a year after 1977, 

17 the primary insurance amount of such individual shall be 

18 the higher of the amount computed or recomputed under 

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

20 amount that would be computed or recomputed under 

21 paragraph (8) if the individual were an individual de22 scribed in subparagraph (A) of such paragraph.’’. 

23 (b) CONFORMING AMENDMENT.—Section 

24 215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)), as 

25 amended by section 2(b), is further amended by striking 


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1 ‘‘shall be computed or recomputed’’ and inserting ‘‘shall, 

2 subject to paragraph (9), be computed or recomputed’’. 

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

4 this section shall apply with respect to monthly insurance 

5 benefits payable on or after January 1, 2022. 

6 SEC. 4. ADDITIONAL MONTHLY PAYMENT FOR INDIVID7 UALS WHOSE BENEFIT AMOUNT IS REDUCED 

8 BY THE WINDFALL ELIMINATION PROVISION. 

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

10 U.S.C. 415(a)), as amended by sections 2 and 3, is further 

11 amended by adding at the end the following: 

12 ‘‘(10)(A) For any month in a calendar year after 

13 2019, the Commissioner of Social Security shall, subject 

14 to subparagraphs (C) and (D), make an additional month15 ly payment of $100 to each individual who is an eligible 

16 individual for such month, and an additional monthly pay17 ment of $50 to each individual (other than an eligible indi18 vidual) who is entitled to a benefit under section 202 for 

19 such month on the basis of the wages and self-employment 

20 income of such eligible individual. 

21 ‘‘(B) For purposes of this paragraph, the term ‘eligi22 ble individual’ for a month means an individual who— 

23 ‘‘(i)(I) first becomes eligible for an old-age or 

24 disability insurance benefit under this title before 

25 2022; or 


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1 ‘‘(II) is an individual described in paragraph 

2 (8)(E); and 

3 ‘‘(ii) is entitled to an old-age or disability insur4 ance benefit under this title for such month based 

5 on a primary insurance amount that was computed 

6 or recomputed under paragraph (7) (and not subse7 quently recomputed under any other paragraph of 

8 this subsection). 

9 ‘‘(C) In any case in which this title provides that no 

10 monthly benefit under section 202 or 223 shall be paid 

11 to an individual for a month, no additional monthly pay12 ment shall be paid to the individual for such month. This 

13 subparagraph shall not apply in the case of an individual 

14 whose monthly benefit under section 202 or 223 is re15 duced, regardless of the amount of the reduction, based 

16 on the individual’s receipt of other income or benefits for 

17 such month or the application of section 203(a) or due 

18 to the adjustment or recovery of an overpayment under 

19 section 204. 

20 ‘‘(D)(i) An individual is not entitled to receive more 

21 than one additional monthly payment for a month under 

22 this paragraph. 

23 ‘‘(ii) An eligible individual who is entitled to a benefit 

24 under section 202 on the basis of the wages and self-em25 ployment income of another eligible individual for a month 


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1 shall receive an additional monthly payment under this 

2 paragraph in the amount of $100 for such month. 

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

4 of an overpayment under section 204, an additional 

5 monthly payment under this paragraph shall not be sub6 ject to any reduction or deduction under this title. 

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

8 increased by any percentage effective with any month as 

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

10 each of the dollar amounts in subparagraph (A) shall be 

11 increased by the same percentage for months beginning 

12 with such month.’’. 

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

14 this section shall apply with respect to monthly insurance 

15 benefits payable on or after January 1, 2020. 

16 SEC. 5. REPORTING OF NONCOVERED EARNINGS ON SO17 CIAL SECURITY ACCOUNT STATEMENTS. 

18 (a) IN GENERAL.—Section 1143(a)(2) of the Social 

19 Security Act (42 U.S.C. 1320b–13(a)(2)) is amended— 

20 (1) by redesignating subparagraphs (B) 

21 through (E) as subparagraphs (C) through (F); and 

22 (2) by inserting after subparagraph (A) the fol23 lowing: 

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

25 the eligible individual from service performed 


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1 after 1977 which did not constitute employment 

2 (as defined in section 210), not including serv3 ice as a member of a uniformed service (as de4 fined in section 210(m)), as shown by the 

5 records of the Commissioner at the date of the 

6 request;’’. 

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

8 this section shall apply with respect to Social Security ac9 count statements issued on or after January 1, 2020. 

10 SEC. 6. STUDY ON PARTNERING WITH STATE AND LOCAL 

11 PENSION SYSTEMS. 

12 (a) STUDY.— 

13 (1) IN GENERAL.—The Commissioner of Social 

14 Security shall study and test the administrative fea15 sibility of partnering with State and local pension 

16 systems, or other governmental entities, to improve 

17 the collection and sharing of information relating to 

18 State and local noncovered pensions. 

19 (2) COORDINATION WITH STATE AND LOCAL

20 PENSION SYSTEMS.—In conducting the study de21 scribed in paragraph (1), the Commissioner shall co22 ordinate with State and local pension systems that 

23 reflect the diversity of systems and individual experi24 ences to explore the development of automated data 


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1 exchange agreements that facilitate reporting of in2 formation relating to noncovered pensions. 

3 (b) REPORT.—The Commissioner of Social Security 

4 shall conclude the study described in subsection (a) not 

5 later than 4 years after the date of enactment of this Act. 

6 As soon as possible after conclusion of the study and not 

later than 41 7 ⁄2 years after the date of enactment of this 

8 Act, the Commissioner shall submit to the Committee on 

9 Ways and Means of the House of Representatives and the 

10 Committee on Finance of the Senate a report on the re11 sults of the study. Such report shall include the following: 

12 (1) A discussion of how the automated data ex13 change agreements could be implemented to cover 

14 noncovered pensions nationally, including the range 

15 of implementation timelines across State and local 

16 pension systems, or with other governmental entities. 

17 (2) An analysis of the barriers to developing 

18 automated data exchange agreements and lessons 

19 learned that can help address these barriers. 

20 (3) A description of alternative methods for ob21 taining information related to noncovered pensions, 

22 and an analysis of the barriers to obtaining non23 covered pension data through such methods. 

24 (4) An explanation of how coverage information 

25 is obtained by the Social Security Administration 


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1 when an individual purchases service credits to apply 

2 to a new covered or noncovered pension after moving 

3 from another covered or noncovered pension within 

4 the State or in another State. 

5 (5) An estimate of the total amount, as of the 

6 date of the enactment of this Act, of noncovered 

7 pensions not reported to the Social Security Admin8 istration as a result of noncompliance with voluntary 

9 reporting policies. 

10 (c) STATE AND LOCAL PENSION INFORMATION TO

11 BE REQUESTED BY THE COMMISSIONER.—Section 202 of 

12 the Social Security Act (42 U.S.C. 402) is amended by 

13 inserting after subsection (l) the following: 

14 ‘‘(m) STATE AND LOCAL PENSION INFORMATION TO

15 BE REQUESTED BY THE COMMISSIONER.— 

16 ‘‘(1) The Commissioner may partner with 

17 States to request information, including the informa18 tion specified in paragraph (2), with respect to any 

19 designated distribution (as defined in section 

20 3405(e)(1) of the Internal Revenue Code of 1986) 

21 from an employer deferred compensation plan (as 

22 defined in section 3405(e)(5) of such Code) of the 

23 State (or political subdivision thereof) to a partici24 pant of such plan in any case in which any portion 

25 of such participant’s earnings for service under such 


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1 plan did not constitute ‘employment’ as defined in 

2 section 210 for purposes of this title. 

3 ‘‘(2) The information specified in this para4 graph is the following: 

5 ‘‘(A) The name and Social Security ac6 count number of the participant receiving the 

7 designated distribution. 

8 ‘‘(B) The dollar amount of the designated 

9 distribution and the date paid. 

10 ‘‘(C) The date on which the participant 

11 initially became eligible for a designated dis12 tribution under the plan and, if different, the 

13 date of payment of the initial designated dis14 tribution. 

15 ‘‘(D) The dates of each period of service 

16 under the plan that did not constitute ‘employ17 ment’ as defined in section 210 for purposes of 

18 this title, and the dates of any other period of 

19 service under the plan.’’. 

20 (d) DEFINITIONS.—In this section— 

21 (1) the term ‘‘noncovered pension’’ means a 

22 pension any part of which is based on noncovered 

23 service (within the meaning of section 215(a)(7) of 

24 the Social Security Act (42 U.S.C. 415(a)(7))); and 


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1 (2) the term ‘‘covered pension’’ means any 

2 other pension. 

Æ 


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