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. SIM-
MONS, Mrs. DAVIS of California, Mr. HINOJOSA, Mr. SESSIONS, Mr. 
MICHAUD, Mrs. MALONEY, Mr. HULSHOF, Mr. CALVERT, Mr. MCGOV-
ERN, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Servant Retire-
ment Protection Act of 2005’’.
SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION 
PROVISION. 
Paragraph (7) of section 215(a) of the Social Secu-
rity Act (42 U.S.C. 415(a)(7)) is repealed. 
SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION 
PROVISION WITH A FORMULA EQUALIZING 
BENEFITS FOR CERTAIN INDIVIDUALS WITH 
NON-COVERED EMPLOYMENT. 
(a) SUBSTITUTION OF PROPORTIONAL FORMULA FOR 
FORMULA BASED ON COVERED PORTION OF PERIODIC 
BENEFIT.— 
(1) IN GENERAL.—Section 215(a) of the Social 
Security Act (as amended by section 2 of this Act) 
is amended further by inserting after paragraph (6) 
the following new paragraph: 
‘‘(7)(A) In the case of an individual whose primary 
insurance amount would be computed under paragraph 
(1) of this subsection, who— 
‘‘(i) attains age 62 after 1985 (except where he 
or she became entitled to a disability insurance ben-
efit before 1986 and remained so entitled in any of 
the 12 months immediately preceding his or her at-
tainment of age 62), or 
‘‘(ii) would attain age 62 after 1985 and be-
comes eligible for a disability insurance benefit after 
1985,
and who first becomes eligible after 1985 for a monthly 
periodic payment (including a payment determined under 
subparagraph (E), but excluding (I) a payment under the 
Railroad Retirement Act of 1974 or 1937, (II) a payment 
by a social security system of a foreign country based on 
an agreement concluded between the United States and 
such foreign country pursuant to section 233, and (III) 
a payment based wholly on service as a member of a uni-
formed service (as defined in section 210(m)) which is 
based in whole or in part upon his or her earnings for 
service which did not constitute ‘employment’ as defined 
in section 210 for purposes of this title (hereafter in this 
paragraph and in subsection (d)(3) referred to as ‘non-
covered service’), the primary insurance amount of that 
individual during his or her concurrent entitlement to such 
monthly periodic payment and to old-age or disability in-
surance benefits shall be computed or recomputed under 
this paragraph. 
‘‘(B) The primary insurance amount of an individual 
described in subparagraph (A), as computed or recom-
puted under this paragraph, shall be— 
‘‘(i) in the case of an individual who first per-
forms noncovered service after the 12th calendar 
month following the date of the enactment of the 
Public Servant Retirement Protection Act of 2005,
the primary insurance amount determined under 
subparagraph (C), or 
‘‘(ii) in the case of an individual who has per-
formed noncovered service during or before the 12th 
calendar month following the date of the enactment 
of the Public Servant Retirement Protection Act of 
2005, the larger of— 
‘‘(I) the primary insurance amount deter-
mined under subparagraph (C), or 
‘‘(II) the primary insurance amount deter-
mined under subparagraph (E). 
‘‘(C) An individual’s primary insurance amount de-
termined under this subparagraph shall be the product de-
rived by multiplying— 
‘‘(i) the individual’s primary insurance amount, 
as determined under paragraph (1) of this sub-
section and subparagraph (D)(i) 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 (D)(i)), 
and 
‘‘(II) the denominator of which is an 
amount equal to the individual’s average in-
dexed monthly earnings (as determined under 
subparagraph (D)(i)), 
rounded, if not a multiple of $0.10, to the next lower mul-
tiple of $0.10. 
‘‘(D)(i) For purposes of determining an individual’s 
primary insurance amount pursuant to subparagraph 
(C)(i), the individual’s average indexed monthly earnings 
shall be determined by treating all service performed after 
1950 on which the individual’s monthly periodic payment 
referred to in subparagraph (A) is based (other than non-
covered service as a member of a uniformed service (as 
defined in section 210(m))) as ‘employment’ as defined in 
section 210 for purposes of this title (together with all 
other service performed by such individual consisting of 
‘employment’ as so defined). 
‘‘(ii) For purposes of determining average indexed 
monthly earnings as described in clause (i), the Commis-
sioner of Social Security shall provide by regulation for 
a method for determining the amount of wages derived 
from service performed after 1950 on which the individ-
ual’s periodic benefit is based and which is to be treated 
as ‘employment’ solely for purposes of clause (i). Such 
method shall provide for reliance on employment records 
which are provided to the Commissioner and which, as de-
termined by the Commissioner, constitute a reasonable
basis for treatment of service as ‘employment’ for such 
purposes, together with such other information received 
by the Commissioner (including such documentary evi-
dence of earnings derived from noncovered service as may 
be provided to the Commissioner by the individual) as the 
Commissioner may consider appropriate as a reasonable 
basis for treatment of service as ‘employment’ for such 
purposes. The Commissioner shall enter into such ar-
rangements as are necessary and appropriate with the De-
partment of the Treasury, the Department of Labor, other 
Federal agencies, and agencies of States and political sub-
divisions thereof so as to secure satisfactory evidence of 
earnings for noncovered service described in subparagraph 
(A) for purposes of this clause and clauses (iii) and (iv). 
The Secretary of the Treasury, the Secretary of Labor, 
and the heads of all other Federal agencies are authorized 
and directed to cooperate with the Commissioner and, to 
the extent permitted by law, to provide such employment 
records and other information as the Commissioner may 
request for their assistance in the performance of the 
Commissioner’s functions under this clause and clauses 
(iii) and (iv). 
‘‘(iii) In any case in which satisfactory evidence of 
earnings for noncovered service which was performed by 
an individual during any year or portion of a year after
1977 is not otherwise available, the Commissioner may, 
for purposes of clause (ii), accept as satisfactory evidence 
of such individual’s earnings for such noncovered service 
during such year or portion of a year reasonable extrapo-
lations from available information with respect to earnings 
for noncovered service of such individual for periods imme-
diately preceding and following such year or portion of a 
year. 
‘‘(iv) In any case in which satisfactory evidence of 
earnings for noncovered service which was performed by 
an individual during any period before 1978 is not other-
wise available, the Commissioner may, for purposes of 
clause (ii), accept as satisfactory evidence of such individ-
ual’s earnings for such noncovered service during such pe-
riod — 
‘‘(I) the individual’s written attestation of such 
earnings, if such attestation is corroborated by at 
least 1 other individual who is knowledgeable of the 
relevant facts, or 
‘‘(II) available information regarding the aver-
age earnings for noncovered service for the same pe-
riod for individuals in similar positions in the same 
profession in the same State or political subdivision 
thereof, or, in any case in which such information is 
not available for such period, reasonable extrapo-
lations of average earnings for noncovered service 
for such individuals from periods immediately pre-
ceding and following such period. 
‘‘(v) In any case described in subparagraph (B)(i), 
if the requirements of clause (ii) of this subparagraph are 
not met (after applying clauses (iii) and (iv)), the primary 
insurance amount of the individual shall be, notwith-
standing subparagraph (B)(i), the primary insurance 
amount computed under subparagraph (E). 
‘‘(E)(i) For purposes of determining the primary in-
surance amount under this subparagraph— 
‘‘(I) there shall first be computed an amount 
equal to the individual’s primary insurance amount 
under paragraph (1) of this subsection, except that 
for purposes of such computation the percentage of 
the individual’s average indexed monthly earnings 
established by subparagraph (A)(i) of paragraph (1) 
shall be the percent specified in clause (ii), and 
‘‘(II) there shall then be computed (without re-
gard to this paragraph) a second amount, which 
shall be equal to the individual’s primary insurance 
amount under paragraph (1) of this subsection, ex-
cept that such second amount shall be reduced by an 
amount equal to one-half of the portion of the 
monthly periodic payment which is attributable to
noncovered service performed after 1956 (with such 
attribution being based on the proportionate number 
of years of such noncovered service) and to which 
the individual is entitled (or is deemed to be enti-
tled) for the initial month of his or her concurrent 
entitlement to such monthly periodic payment and 
old-age or disability insurance benefits. 
An individual’s primary insurance amount determined 
under this subparagraph shall be the larger of the two 
amounts computed under this clause (before the applica-
tion of subsection (i)). 
‘‘(ii) For purposes of clause (i), the percent specified 
in this clause is— 
‘‘(I) 80.0 percent with respect to individuals 
who become eligible (as defined in paragraph (3)(B)) 
for old-age insurance benefits (or became eligible as 
so defined for disability insurance benefits before at-
taining age 62) in 1986; 
‘‘(II) 70.0 percent with respect to individuals 
who so become eligible in 1987; 
‘‘(III) 60.0 percent with respect to individuals 
who so become eligible in 1988; 
‘‘(IV) 50.0 percent with respect to individuals 
who so become eligible in 1989; and
‘‘(V) 40.0 percent with respect to individuals 
who so become eligible in 1990 or thereafter. 
‘‘(F)(i) Any periodic payment which otherwise meets 
the requirements of subparagraph (A), but which is paid 
on other than a monthly basis, shall be allocated on a basis 
equivalent to a monthly payment (as determined by the 
Commissioner of Social Security), and such equivalent 
monthly payment shall constitute a monthly periodic pay-
ment for purposes of this paragraph. 
‘‘(ii) In the case of an individual who has elected to 
receive a periodic payment that has been reduced so as 
to provide a survivor’s benefit to any other individual, the 
payment shall be deemed to be increased (for purposes of 
any computation under this paragraph or subsection 
(d)(3) by the amount of such reduction. 
‘‘(iii) For purposes of this paragraph, the term ‘peri-
odic payment’ includes a payment payable in a lump sum 
if it is a commutation of, or a substitute for, periodic pay-
ments. 
‘‘(G)(i) This paragraph shall not apply in the case 
of an individual who has 30 years or more of coverage. 
In the case of an individual who has more than 20 years 
of coverage but less than 30 years of coverage (as so de-
fined), the percent specified in the applicable subdivision 
of subparagraph (E)(ii) shall (if such percent is smaller
than the applicable percent specified in the following table) 
be deemed to be the applicable percent specified in the 
following table: 
‘‘If the number of such individ-
ual’s years of coverage (as so 
defined) is: 
The applicable percent is: 
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‘‘(ii) For purposes of clause (i), the term ‘year of cov-
erage’ shall have the meaning provided in paragraph 
(1)(C)(ii), except that the reference to ‘15 percent’ therein 
shall be deemed to be a reference to ‘25 percent’. 
‘‘(H) An individual’s primary insurance amount de-
termined under this paragraph shall be deemed to be com-
puted under paragraph (1) of this subsection for the pur-
pose of applying other provisions of this title. 
‘‘(I) This paragraph shall not apply in the case of 
an individual whose eligibility for old-age or disability in-
surance benefits is based on an agreement concluded pur-
suant to section 233 or an individual who on January 1, 
1984— 
‘‘(i) is an employee performing service to which 
social security coverage is extended on that date 
solely by reason of the amendments made by section 
101 of the Social Security Amendments of 1983; or
‘‘(ii) is an employee of a nonprofit organization 
which (on December 31, 1983) did not have in effect 
a waiver certificate under section 3121(k) of the In-
ternal Revenue Code of 1954 and to the employees 
of which social security coverage is extended on that 
date solely by reason of the amendments made by 
section 102 of that Act, unless social security cov-
erage had previously extended to service performed 
by such individual as an employee of that organiza-
tion under a waiver certificate which was subse-
quently (prior to December 31, 1983) terminated.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 215(d)(3) of such Act (42 
U.S.C. 415(d)(3)) is amended— 
(i) by striking ‘‘subsection (a)(7)(C)’’ 
each place it appears and inserting ‘‘sub-
section (a)(7)(F)’’; 
(ii) by striking ‘‘subparagraph (E)’’ 
and inserting ‘‘subparagraph (I)’’; and 
(iii) by striking ‘‘subparagraph (D)’’ 
and inserting ‘‘subparagraph (G)(i)’’. 
(B) Section 215(f)(9)(A) of such Act (42 
U.S.C. 415(f)(9)(A)) is amended by striking 
‘‘(a)(7)(C)’’ and inserting ‘‘(a)(7)(F)’’.
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to monthly insurance benefits for months com-
mencing with or after the 12th calendar month following 
the date of the enactment of this Act. Notwithstanding 
section 215(f) of the Social Security Act, the Commis-
sioner of Social Security shall recompute primary insur-
ance amounts to the extent necessary to carry out the 
amendments made by this Act. 
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