I 
118TH CONGRESS 
1ST SESSION H. R. 4260 
To amend title II of the Social Security Act to provide an equitable Social 
Security formula for individuals with noncovered employment and to 
provide relief for individuals currently affected by the Windfall Elimi-
nation Provision. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2023 
Mr. NEAL (for himself, Mr. ALLRED, Mr. AUCHINCLOSS, Ms. BARRAGA´N, 
Mrs. BEATTY, Mr. BEYER, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, 
Ms. BONAMICI, Mr. BOYLE of Pennsylvania, Ms. BROWNLEY, Mr. CAR-
SON, Ms. CLARKE of New York, Ms. CHU, Mr. CONNOLLY, Mr. COURT-
NEY, Mr. CUELLAR, Mr. DAVIS of Illinois, Ms. DEAN of Pennsylvania, 
Ms. DELBENE, Mr. DOGGETT, Mr. EVANS, Mr. GARAMENDI, Mr. GARCI´A 
of Illinois, Ms. GARCIA of Texas, Mr. GOLDEN of Maine, Mr. GOMEZ, Mr. 
GRIJALVA, Mrs. HAYES, Mr. HIGGINS of New York, Mr. HORSFORD, Mr. 
HUFFMAN, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KHANNA, Mr. 
KEATING, Ms. KELLY of Illinois, Mr. KILDEE, Mr. KILMER, Mr. KIM of 
New Jersey, Mr. KRISHNAMOORTHI, Mr. LARSON of Connecticut, Ms. 
LEE of California, Ms. LEGER FERNANDEZ, Ms. LOFGREN, Mr. LYNCH, 
Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. 
MENENDEZ, Mr. MFUME, Ms. MOORE of Wisconsin, Mr. MOULTON, Mrs. 
NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. PALLONE, Mr. PANETTA, 
Mr. PASCRELL, Mr. PAYNE, Ms. PETTERSEN, Mr. PHILLIPS, Ms. PIN-
GREE, Mr. POCAN, Ms. PRESSLEY, Ms. ROSS, Mr. RUIZ, Mr. RUPPERS-
BERGER, Mr. SARBANES, Ms. SA´NCHEZ, Ms. SCHAKOWSKY, Mr. SCHNEI-
DER, Ms. SEWELL, Mr. SHERMAN, Ms. SHERRILL, Ms. SLOTKIN, Mr. 
SMITH of Washington, Ms. STRICKLAND, Mr. TAKANO, Mr. THOMPSON 
of California, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mrs. 
TRAHAN, Ms. UNDERWOOD, Mr. VARGAS, Mr. VEASEY, Ms. VELA´ZQUEZ, 
Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILLIAMS of Georgia, Ms. 
WILSON of Florida, and Ms. PLASKETT) introduced the following bill; 
which was referred to the Committee on Ways and Means 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
A BILL 
To amend title II of the Social Security Act to provide 
an equitable Social Security formula for individuals with 
noncovered employment and to provide relief for individ-
uals currently affected by the Windfall Elimination Pro-
vision. 
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 Servants Pro-
tection and Fairness Act of 2023’’. 
SEC. 2. ALTERNATIVE FORMULA EQUALIZING BENEFITS 
FOR 
CERTAIN 
INDIVIDUALS 
WITH 
NON-
COVERED 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 2024 and who sub-
sequently becomes entitled to such benefit; 
‘‘(ii) who has earnings derived from noncovered 
service performed in a year after 1977 and is enti-
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
tled to a monthly periodic payment based on such 
earnings; and 
‘‘(iii) who has less than 30 years of coverage 
(as defined for purposes of paragraph (7)(D)), 
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 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 the product derived 
by multiplying— 
‘‘(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)), 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
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 and average indexed monthly 
earnings pursuant to clauses (i) and (ii)(II) of subpara-
graph (B), the individual’s average indexed monthly earn-
ings shall be determined by treating all recorded non-
covered 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 covered earnings (as de-
fined in clause (ii)(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 taxable years ending with or during such cal-
endar 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 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
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-
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 pro-
vided to the Commissioner by employers and which, as de-
termined by the Commissioner, constitute a reasonable 
basis for treatment of earnings for noncovered service as 
recorded noncovered earnings. In making determinations 
under this clause, the Commissioner shall also take into 
account any documentary or other evidence of earnings de-
rived from noncovered service by an individual which is 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
provided by the individual to the Commissioner and which 
the Commissioner considers appropriate as a reasonable 
basis for treatment of such earnings as recorded non-
covered earnings. 
‘‘(iv) In the case of any individual who, at the time 
of application for old-age or disability insurance benefits 
under this title, has recorded noncovered earnings in an 
amount the Commissioner of Social Security determines 
may entitle the individual to a monthly periodic payment 
based on such earnings (but whose application does not 
report such a monthly periodic payment), the Commis-
sioner shall reconfirm with the individual whether such a 
monthly periodic payment is being paid in order to ensure 
the proper application of paragraph (7) and this para-
graph. 
‘‘(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-
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
ice, the primary insurance amount of such individual shall 
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) by striking ‘‘hereafter in this paragraph and 
in subsection (d)(3)’’ and inserting ‘‘in this para-
graph, paragraph (8), and subsection (d)(3)’’; and 
(2) by striking ‘‘shall be computed or recom-
puted’’ and inserting ‘‘shall, subject to paragraph 
(8), be computed or recomputed’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to monthly insurance 
benefits payable on or after January 1, 2025. 
SEC. 3. ADDITIONAL MONTHLY PAYMENT FOR CERTAIN IN-
DIVIDUALS WHOSE BENEFIT AMOUNT IS RE-
DUCED BY THE WINDFALL ELIMINATION 
PROVISION. 
(a) IN GENERAL.—Section 215(a) of such Act (42 
U.S.C. 415(a)), as amended by section 2(a), is further 
amended by adding at the end the following: 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
determining the eligibility or benefit amount of an indi-
vidual for supplemental security income benefits payable 
under title XVI of the Social Security Act, but only if such 
individual— 
‘‘(i) is eligible for a cash benefit payable under 
section 1611, section 1619(a), or section 1631(a)(7) 
for the 1st month beginning at least 270 days after 
the date of the enactment of the Public Servants 
Protection and Fairness Act of 2023; 
‘‘(ii) is an individual described in section 
1619(b) for such month; or 
‘‘(iii) is eligible for a State supplementary pay-
ment for such month of the type referred to in sec-
tion 1616(a) (or payments of the type described in 
section 212(a) of Public Law 93–66) which are paid 
by the Commissioner under an agreement referred to 
in section 1616(a) (or section 212(a) of Public Law 
93–66).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to monthly insurance 
benefits payable for months beginning at least 270 days 
after the date of the enactment of this Act. 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
SEC. 4. IMPROVEMENT IN SOCIAL SECURITY ACCOUNT 
STATEMENTS FOR PUBLIC SERVANTS. 
(a) IN GENERAL.—Section 1143(a) of the Social Se-
curity Act (42 U.S.C. 1320b–13(a)) is amended— 
(1) in paragraph (2)— 
(A) by redesignating subparagraphs (B) 
through (E) as subparagraphs (C) through (F); 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) the amount of earnings derived by 
the eligible individual from service performed 
after 1977 which did not constitute employment 
(as defined in section 210), not including serv-
ice as a member of a uniformed service (as de-
fined in section 210(m)), as shown by the 
records of the Commissioner at the date of the 
request;’’; and 
(C) in subparagraph (E) (as redesignated 
by subparagraph (A)), by inserting ‘‘(in the 
case of an eligible individual described in para-
graph (3)(C)(ii), calculated using a primary in-
surance amount estimated pursuant to para-
graph (8) of section 215(a) and including a no-
tation indicating the use of such method of cal-
culation)’’ after ‘‘account’’; and 
(2) in paragraph (3)(C)(ii)— 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
(A) by striking ‘‘wages or self-employment 
income’’ and inserting ‘‘wages, self-employment 
income, and earnings derived from noncovered 
service 
(within 
the 
meaning 
of 
section 
215(a)(7))’’; and 
(B) by striking ‘‘of noncovered employ-
ment’’ and inserting ‘‘that the individual’s pri-
mary insurance amount will be computed under 
paragraph (7) or (8) of section 215(a)’’. 
(b) CONFORMING AMENDMENTS.—Section 1143 of 
the Social Security Act (42 U.S.C. 1320b–13) is amend-
ed— 
(1) in subsection (a)(2)(F) (as redesignated by 
subsection (a)(1)(A) of this section), by striking 
‘‘sections 202(k)(5) and 215(a)(7)’’ and all that fol-
lows through ‘‘auxiliary benefits’’ and inserting ‘‘sec-
tions 202(k)(5), 215(a)(7), and 215(a)(8)’’; and 
(2) in subsection (d)(1)— 
(A) by striking ‘‘maximum’’; and 
(B) by striking ‘‘section 215(a)(7)’’ and in-
serting ‘‘sections 215(a)(7) and 215(a)(8)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to Social Security ac-
count statements issued on or after January 1, 2025. 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
SEC. 5. STUDY ON AVAILABILITY OF INFORMATION RELAT-
ING TO RETIREMENT PLANS. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study to determine the extent to which State 
and local governments (or their designees) that maintain 
retirement plans for their employees possess or otherwise 
have access to information sufficient to determine what 
amount of a participant’s benefits under such plan are 
based on noncovered service (within the meaning of section 
215(a)(7) of the Social Security Act (42 U.S.C. 
415(a)(7))). 
(b) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report to the Committee on Ways and Means 
of the House of Representatives and the Committee on 
Finance of the Senate on the results of the study described 
in subsection (a). 
SEC. 6. HOLD HARMLESS FOR THE SOCIAL SECURITY 
TRUST FUNDS. 
There are appropriated, out of any moneys in the 
Treasury not otherwise appropriated, to each of the Fed-
eral Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund for each fiscal 
year such amounts as the chief actuary of the Social Secu-
rity Administration shall certify are necessary to place 
each such Trust Fund in the same position at the end 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS
of such fiscal year as it would have been in if the amend-
ments made by this Act had not been enacted. 
Æ 
VerDate Sep 11 2014 
01:46 Jul 29, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H4260.IH
H4260
kjohnson on DSK79L0C42PROD with BILLS