I 

113TH CONGRESS 

2D SESSION H. R. 5697 

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 

NOVEMBER 13, 2014 

Mr. BRADY of Texas (for himself and Mr. NEAL) 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 ‘‘Equal Treatment of 

5 Public Servants Act of 2014’’. 


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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 NON-COVERED 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 becomes eligible for old-age insurance 

12 benefits after 2016 or would attain age 62 after 

13 2016 and becomes eligible for disability insurance 

14 benefits after 2016, 

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

16 benefits, and 

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

18 service performed in a year after 1977, 

19 the primary insurance amount of such individual shall be 

20 computed or recomputed under this paragraph. 

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

22 described in subparagraph (A), as computed or recom23 puted under this paragraph, shall be the product derived 

24 by multiplying— 


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

2 as determined under paragraph (1) of this sub3 section and subparagraph (C) of this paragraph, by 

4 ‘‘(ii) a fraction— 

5 ‘‘(I) the numerator of which is the individ6 ual’s average indexed monthly earnings (deter7 mined without regard to subparagraph (C)), 

8 and 

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

10 amount equal to the individual’s average in11 dexed monthly earnings (as determined under 

12 subparagraph (C)), 

13 rounded, if not a multiple of $0.10, to the next lower mul14 tiple of $0.10. 

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

16 primary insurance amount pursuant to clauses (i) and 

17 (ii)(II) of subparagraph (B), the individual’s average in18 dexed monthly earnings shall be determined by treating 

19 all recorded noncovered earnings (as defined in clause 

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

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

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

23 treated as included in the individual’s adjusted total cov24 ered earnings (as defined in clause (ii)(II)) for such cal25 endar year together with amounts consisting of ‘wages’ (as 


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1 so defined without regard to this subparagraph) paid dur2 ing such calendar year and self-employment income (as 

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

4 or during such calendar year. 

5 ‘‘(ii) For purposes of this subparagraph— 

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

7 means earnings derived from noncovered service 

8 (other than noncovered service as a member of a 

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

10 which satisfactory evidence is determined by the 

11 Commissioner to be available in the records of the 

12 Commissioner. 

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

14 means, in connection with an individual for any cal15 endar year, the sum of the wages paid to the indi16 vidual during such calendar year (as adjusted under 

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

18 derived by the individual during any taxable year 

19 ending with or during such calendar year (as ad20 justed under subsection (b)(3)). 

21 ‘‘(iii) The Commissioner of Social Security shall pro22 vide by regulation for methods for determining whether 

23 satisfactory evidence is available in the records of the 

24 Commissioner for earnings for noncovered service (other 

25 than noncovered service as a member of a uniformed servVerDate Sep 11 2014 02:11 Nov 14, 2014 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697

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1 ice (as defined in section 210(m))) to be treated as re2 corded noncovered earnings. Such methods shall provide 

3 for reliance on earnings information which is provided to 

4 the Commissioner by employers and which, as determined 

5 by the Commissioner, constitute a reasonable basis for 

6 treatment of earnings for noncovered service as recorded 

7 noncovered earnings. In making determinations under this 

8 clause, the Commissioner shall also take into account any 

9 documentary evidence of earnings derived from non10 covered service by an individual which is provided by the 

11 individual to the Commissioner and which the Commis12 sioner considers appropriate as a reasonable basis for 

13 treatment of such earnings as recorded noncovered earn14 ings, except that such evidence provided by the individual 

15 shall be taken into account only to the extent that such 

16 evidence does not relate to earnings for service with re17 spect to which information regarding earnings has already 

18 been obtained by the Commissioner from the employer and 

19 only to the extent that such evidence does not result in 

20 a reduction in the individual’s primary insurance amount 

21 as calculated under subparagraph (B). 

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

23 insurance amount is computed or recomputed under this 

24 paragraph, such primary insurance amount shall be comVerDate Sep 11 2014 02:11 Nov 14, 2014 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5697.IH H5697

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1 puted or recomputed under paragraph (1) of this sub2 section.’’. 

3 (b) MODIFICATION OF WINDFALL ELIMINATION

4 PROVISION FOR CURRENT BENEFICIARIES; RECOVERY OF

5 CERTAIN OVERPAYMENTS.—Section 215(a)(7) of such 

6 Act (42 U.S.C. 415(a)(7)) is amended by adding at the 

7 end the following: 

8 ‘‘(F)(i) Notwithstanding subparagraph (A), for pur9 poses of determining the amount of monthly insurance 

10 benefits for months after December 2016, the primary in11 surance amount of an individual described in subpara12 graph (A), or an individual described in subparagraph (G) 

13 whose primary insurance amount was calculated or recal14 culated under subparagraph (B), shall be deemed to be 

15 equal to the sum of— 

16 ‘‘(I) the primary insurance amount of such indi17 vidual computed or recomputed under subparagraph 

18 (B); plus 

19 ‘‘(II) the applicable percentage (determined 

20 under clause (ii)) of the amount by which the pri21 mary insurance amount of such individual computed 

22 or recomputed under subparagraph (B) is exceeded 

23 by the primary insurance amount of such individual 

24 that would be determined without regard to this 

25 paragraph. 


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1 ‘‘(ii) The applicable percentage determined under this 

2 clause shall be a percentage (but not more than 50 per3 cent) which shall be determined by the Commissioner on 

4 the basis of the amount of the savings generated as a re5 sult of the enactment of the Equal Treatment of Public 

6 Servants Act of 2014. The Commissioner shall determine 

7 and promulgate the applicable percentage determined 

8 under this clause on or before November 1, 2016, based 

9 upon the most recent actuarial estimates then available. 

10 ‘‘(G) In the case of an individual whose primary in11 surance amount would be computed under paragraph (1) 

12 of this subsection who— 

13 ‘‘(i) attains age 62 after 1985 and before 2017 

14 (except where he or she became entitled to a dis15 ability insurance benefit before 1986 and remained 

16 so entitled in any of the 12 months immediately pre17 ceding his or her attainment of age 62), or 

18 ‘‘(ii) would attain age 62 after 1985 and before 

19 2017 and becomes eligible for a disability insurance 

20 benefit after 1985 and before 2017, and 

21 ‘‘(iii) is eligible for old-age insurance benefits or 

22 disability insurance benefits for December 2016, 

23 ‘‘(iv) has recorded noncovered earnings (as de24 fined in paragraph (8)(C)(ii)), and 


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1 ‘‘(v) has less than 30 years of coverage (as de2 fined in subparagraph (D)), 

3 the primary insurance amount of such individual shall be 

4 computed or recomputed under this paragraph unless such 

5 individual provides to the Commissioner evidence deter6 mined to be satisfactory by the Commissioner that such 

7 individual has not received any periodic payment attrib8 utable to noncovered service. The Commissioner shall, in 

9 accordance with section 204, recover from such individual 

10 described in subparagraph (A), and any other individual 

11 receiving benefits under this title on the basis of the wages 

12 and self-employment income of such individual described 

13 in subparagraph (A), any excess of the total amount of 

14 benefits under this title paid to each such individual prior 

15 to 2017 over the amount computed on the basis of the 

16 primary insurance amount computed or recomputed under 

17 this paragraph without regard to subparagraph (F).’’. 

18 (c) CONFORMING AMENDMENTS.—Section 

19 215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)) is 

20 amended— 

21 (1) by striking ‘‘after 1985’’ each place it ap22 pears and inserting ‘‘after 1985 and before 2017’’; 

23 and 


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

2 in subsection (d)(3)’’ and inserting ‘‘in this para3 graph, paragraph (8), and subsection (d)(3)’’. 

Æ 


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