I 
117TH CONGRESS 
1ST SESSION H. R. 5834 
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 
NOVEMBER 3, 2021 
Mr. BRADY (for himself, Mr. ARRINGTON, Mr. BABIN, Mr. BACON, Mrs. BICE 
of Oklahoma, Mr. BURGESS, Mr. CARTER of Texas, Mr. CRENSHAW, Mr. 
CUELLAR, Mr. FERGUSON, Mr. GOHMERT, Mr. TONY GONZALES of 
Texas, Mr. GONZALEZ of Ohio, Mr. VICENTE GONZALEZ of Texas, Mr. 
GOODEN of Texas, Ms. GRANGER, Mr. GUTHRIE, Mr. HERN, Mr. HICE 
of Georgia, Mr. JACKSON, Mr. LATTA, Mr. MCCAUL, Mr. MURPHY of 
North Carolina, Mr. NUNES, Mr. PFLUGER, Mr. RICE of South Carolina, 
Mr. TAYLOR, Ms. VAN DUYNE, Mr. WEBER of Texas, Mr. WENSTRUP, 
and Mr. WILLIAMS of Texas) introduced the following bill; which was re-
ferred 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 equal-
izing benefits for certain individuals with noncovered em-
ployment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equal Treatment of 
Public Servants Act of 2021’’. 
SEC. 2. REPLACEMENT OF THE WINDFALL ELIMINATION 
PROVISION WITH A FORMULA EQUALIZING 
BENEFITS FOR CERTAIN INDIVIDUALS WITH 
NONCOVERED EMPLOYMENT. 
(a) IN GENERAL.—Section 215(a) of the Social Secu-
rity Act (42 U.S.C. 415(a)) is amended by inserting after 
paragraph (7) the following: 
‘‘(8)(A) In the case of an individual whose primary 
insurance amount would be computed under paragraph 
(1) of this subsection— 
‘‘(i) who first becomes eligible for an old-age or 
disability insurance benefit after 2061, 
‘‘(ii) who subsequently becomes entitled to such 
benefit, and 
‘‘(iii) who has earnings derived from noncovered 
service performed in a year after 1977, 
the primary insurance amount of such individual shall be 
the amount computed or recomputed under this para-
graph. 
‘‘(B) The primary insurance amount of an individual 
described in subparagraph (A), as computed or recom-
puted under this paragraph, shall be the product derived 
by multiplying— 
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‘‘(i) the individual’s primary insurance amount, 
as determined under paragraph (1) of this sub-
section and subparagraph (C) of this paragraph, by 
‘‘(ii) a fraction— 
‘‘(I) the numerator of which is the individ-
ual’s average indexed monthly earnings (deter-
mined without regard to subparagraph (C)), 
and 
‘‘(II) the denominator of which is an 
amount equal to the individual’s average in-
dexed monthly earnings (as determined under 
subparagraph (C)), 
rounded, if not a multiple of $0.10, to the next lower mul-
tiple of $0.10. 
‘‘(C)(i) For purposes of determining an individual’s 
primary insurance amount pursuant to clauses (i) and 
(ii)(II) of subparagraph (B), the individual’s average in-
dexed monthly earnings shall be determined by treating 
all recorded noncovered earnings (as defined in clause 
(ii)(I)) derived by the individual from noncovered service 
performed in each year after 1977 as ‘wages’ (as defined 
in section 209 for purposes of this title), which shall be 
treated as included in the individual’s adjusted total cov-
ered earnings (as defined in clause (ii)(II)) for such cal-
endar year together with amounts consisting of ‘wages’ (as 
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so defined without regard to this subparagraph) paid dur-
ing such calendar year and self-employment income (as 
defined in section 211(b)) for taxable years ending with 
or during such calendar year. 
‘‘(ii) For purposes of this subparagraph: 
‘‘(I) The term ‘recorded noncovered earnings’ 
means earnings derived from noncovered service 
(other than noncovered service as a member of a 
uniformed service (as defined in section 210(m)) for 
which satisfactory evidence is determined by the 
Commissioner to be available in the records of the 
Commissioner. 
‘‘(II) The term ‘adjusted total covered earnings’ 
means, in connection with an individual for any cal-
endar year, the sum of the wages paid to the indi-
vidual during such calendar year (as adjusted under 
subsection (b)(3)) plus the self-employment income 
derived by the individual during any taxable year 
ending with or during such calendar year (as ad-
justed under subsection (b)(3)). 
‘‘(iii) The Commissioner of Social Security shall pro-
vide by regulation or other public guidance for methods 
for determining whether satisfactory evidence is available 
in the records of the Commissioner for earnings for non-
covered service (other than noncovered service as a mem-
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ber of a uniformed service (as defined in section 210(m))) 
to be treated as recorded noncovered earnings. Such meth-
ods shall provide for reliance on earnings information 
which is provided to the Commissioner by employers and 
which, as determined by the Commissioner, constitute a 
reasonable basis for treatment of earnings for noncovered 
service as recorded noncovered earnings. In making deter-
minations under this clause, the Commissioner shall also 
take into account any documentary or other evidence of 
earnings derived from noncovered service by an individual 
which is provided by the individual to the Commissioner 
and which the Commissioner considers appropriate as a 
reasonable basis for treatment of such earnings as re-
corded noncovered earnings. 
‘‘(D) Upon the death of an individual whose primary 
insurance amount is computed or recomputed under this 
paragraph, such primary insurance amount shall be com-
puted or recomputed under paragraph (1) of this sub-
section. 
‘‘(E) In the case of any individual whose primary in-
surance amount would be computed under this paragraph 
who first becomes entitled after 1985 to a monthly peri-
odic payment made by a foreign employer or foreign coun-
try that is based in whole or in part upon noncovered serv-
ice, the primary insurance amount of such individual shall 
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be computed or recomputed under paragraph (7) or para-
graph (1), as applicable, for months beginning with the 
first month of the individual’s initial entitlement to such 
monthly periodic payment.’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)) is 
amended— 
(1) in clause (i)— 
(A) by striking ‘‘after 1985’’ and inserting 
‘‘after 1985 and before 2062’’; and 
(B) by striking ‘‘or’’ at the end; 
(2) in clause (ii)— 
(A) by striking ‘‘after 1985’’ each place it 
appears and inserting ‘‘after 1985 and before 
2062’’; and 
(B) by adding ‘‘or’’ at the end; 
(3) by inserting after clause (ii) the following: 
‘‘(iii) is an individual described in paragraph 
(8)(E),’’; and 
(4) by striking ‘‘hereafter in this paragraph and 
in subsection (d)(3)’’ and inserting ‘‘in this para-
graph, paragraphs (8) and (9), and subsection 
(d)(3)’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to monthly insurance 
benefits payable on or after January 1, 2023. 
SEC. 3. BENEFIT CALCULATION DURING TRANSITION PE-
RIOD. 
(a) IN GENERAL.—Section 215(a) of the Social Secu-
rity Act (42 U.S.C. 415(a)), as amended by section 2, is 
further amended by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) In the case of an individual whose primary in-
surance amount would be computed under paragraph (1) 
of this subsection— 
‘‘(A) who first becomes eligible for an old-age 
or disability insurance benefit after 2022 and before 
2062, 
‘‘(B) who subsequently becomes entitled to such 
benefit, and 
‘‘(C) who has earnings derived from noncovered 
service performed in a year after 1977, 
the primary insurance amount of such individual shall be 
the higher of the amount computed or recomputed under 
paragraph (7) without regard to this paragraph or the 
amount that would be computed or recomputed under 
paragraph (8) if the individual were an individual de-
scribed in subparagraph (A) of such paragraph.’’. 
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