I 
116TH CONGRESS 
1ST SESSION H. R. 4540 
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 
SEPTEMBER 27, 2019 
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 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’’. 
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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 2021 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-
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— 
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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 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 
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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 
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-
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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-
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 
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(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, 2022. 
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: 
‘‘(9)(A) For any month beginning at least 270 days 
after the date of the enactment of the Public Servants 
Protection and Fairness Act, the Commissioner of Social 
Security shall, subject to subparagraphs (D) and (E), 
make an additional monthly payment to each individual 
who is an eligible individual for such month, in an amount 
equal to the amount determined under subparagraph (C) 
with respect to such eligible individual. 
‘‘(B) For purposes of this paragraph, the term ‘eligi-
ble individual’ for a month means an individual (other 
than an individual described in paragraph (8)(E)) who— 
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‘‘(i) first becomes eligible for an old-age or dis-
ability insurance benefit under this title before 2022; 
and 
‘‘(ii) is entitled to an old-age or disability insur-
ance benefit under this title for such month based 
on a primary insurance amount that was computed 
or recomputed under paragraph (7) (and not subse-
quently recomputed under any other paragraph of 
this subsection). 
For purposes of clause (i), an individual shall be deemed 
eligible for a benefit for a month if, upon filing application 
therefor in such month, the individual would be entitled 
to such benefit for such month. 
‘‘(C)(i) The amount determined under this paragraph 
with respect to an eligible individual is $150, except that 
in any case in which the amount by which the primary 
insurance amount of such eligible individual that would 
be computed for the individual’s initial computation month 
under paragraph (1) of this subsection without regard to 
paragraph (7) exceeds the amount of such primary insur-
ance amount computed or recomputed for such month 
under paragraph (7) is less than $150, the amount deter-
mined under this paragraph shall equal the amount of 
such excess. 
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‘‘(ii) For purposes of this subparagraph, the term 
‘initial computation month’ means, with respect to an indi-
vidual, the later of— 
‘‘(I) the 1st month beginning at least 270 days 
after the date of the enactment of the Public Serv-
ants Protection and Fairness Act; or 
‘‘(II) the 1st month for which the individual’s 
primary insurance amount is computed or recom-
puted under paragraph (7). 
‘‘(D) In any case in which this title provides that no 
monthly benefit under section 202 or 223 shall be paid 
to an individual for a month, no additional monthly pay-
ment shall be paid to the individual for such month. This 
subparagraph shall not apply in the case of an individual 
whose monthly benefit under section 202 or 223 is re-
duced, regardless of the amount of the reduction, based 
on— 
‘‘(i) the individual’s receipt of other income or 
benefits for such month; or 
‘‘(ii) the adjustment or recovery of an overpay-
ment under section 204. 
‘‘(E) Except for purposes of adjustment or recovery 
of an overpayment under section 204, an additional 
monthly payment under this paragraph shall not be sub-
ject to any reduction or deduction under this title. 
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‘‘(F) Whenever benefit amounts under this title are 
increased by any percentage effective with any month as 
a result of a determination made under subsection (i), 
each additional monthly payment amount payable to an 
eligible individual under this paragraph shall be increased 
by the same percentage for months beginning with such 
month. 
‘‘(G) The amount of any additional monthly payment 
under this paragraph shall be disregarded for purposes of 
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; 
‘‘(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 
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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. 
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 
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