and who first becomes eligible after 1985 for a monthly 
periodic payment (including a payment determined under 
subparagraph (F), 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 2009, 
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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 
2009, 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) 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)), 
and 
‘‘(II) the denominator of which is an 
amount equal to the individual’s average in-
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dexed monthly earnings (as determined under 
subparagraph (D)), 
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 clauses (i) and 
(ii)(II) of subparagraph (C), the individual’s average in-
dexed monthly earnings shall be determined, subject to 
clause (ii), by treating all recorded noncovered earnings 
(as defined in clause (iii)(I)) derived by the individual 
from noncovered service performed in each year after 1950 
as ‘wages’ (as defined in section 209 for purposes of this 
title), which shall be treated as included in the individual’s 
adjusted total covered earnings (as defined in clause 
(iii)(II)) for such calendar year together with amounts 
consisting of ‘wages’ (as so defined without regard to this 
subparagraph) paid during such calendar year and self- 
employment income (as defined in section 211(b)) for tax-
able years ending with or during such calendar year. 
‘‘(ii) In any case in which some or all of the earnings 
derived from noncovered service performed by an indi-
vidual during any calendar year after 1950 are not re-
corded noncovered earnings (as defined in clause (iii)(I)), 
for purposes of determining the individual’s average in-
dexed monthly earnings as described in clause (i), the 
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