I 
117TH CONGRESS 
1ST SESSION H. R. 2337 
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 
APRIL 1, 2021 
Mr. NEAL (for himself, Mr. THOMPSON of California, Mr. LARSON of Con-
necticut, Mr. BLUMENAUER, Mr. PASCRELL, Mr. DANNY K. DAVIS of Illi-
nois, Ms. SA´NCHEZ, Mr. HIGGINS of New York, Ms. SEWELL, Ms. 
DELBENE, Ms. CHU, Ms. MOORE of Wisconsin, Mr. KILDEE, Mr. 
BRENDAN F. BOYLE of Pennsylvania, Mr. BEYER, Mr. EVANS, Mr. 
SCHNEIDER, Mr. SUOZZI, Mr. PANETTA, Mr. GOMEZ, Mr. HORSFORD, 
Ms. PLASKETT, Ms. SPANBERGER, Mr. SCHIFF, Mr. SMITH of Wash-
ington, Mr. ESPAILLAT, Mr. GREEN of Texas, Mr. LOWENTHAL, Mr. 
SIRES, Mr. HASTINGS, Ms. ADAMS, Mr. CARSON, Mr. KIM of New Jersey, 
Mr. LEVIN of Michigan, Ms. KUSTER, Ms. ESHOO, Mr. BROWN, Mr. 
DELGADO, Ms. PRESSLEY, Ms. LEE of California, Mr. THOMPSON of Mis-
sissippi, Ms. MCCOLLUM, Mr. FOSTER, Mr. KEATING, Mr. RUSH, Mrs. 
WATSON COLEMAN, Mr. SHERMAN, Mrs. CAROLYN B. MALONEY of New 
York, Mr. CRIST, Ms. PINGREE, Mr. PAPPAS, Mr. GARCI´A of Illinois, 
Mrs. AXNE, Mr. ALLRED, Mr. LAMB, Mr. SOTO, Mr. CICILLINE, Mr. 
TRONE, Mr. KILMER, Ms. DEGETTE, Ms. TITUS, Mr. PAYNE, Mr. RUP-
PERSBERGER, Mr. PERLMUTTER, Ms. JOHNSON of Texas, Mrs. LURIA, 
Ms. NORTON, Ms. SLOTKIN, Mr. VELA, Ms. MENG, Mrs. NAPOLITANO, 
Mr. MEEKS, Mr. SABLAN, Mr. JEFFRIES, Mr. CUELLAR, Ms. SPEIER, 
Mrs. HAYES, Mr. AUCHINCLOSS, Mr. LANGEVIN, Mr. RASKIN, Ms. SCHA-
KOWSKY, Mr. GOLDEN, Mr. HUFFMAN, Mr. MCNERNEY, Mr. NADLER, 
Mr. MCGOVERN, Mr. CASTRO of Texas, Mr. COURTNEY, Mr. NEGUSE, 
Mr. GARAMENDI, Mr. GOTTHEIMER, Mrs. BEATTY, Mr. VARGAS, Ms. 
BROWNLEY, Ms. CLARK of Massachusetts, Ms. CASTOR of Florida, Ms. 
SCHRIER, Ms. BLUNT ROCHESTER, Mrs. TRAHAN, Mr. CORREA, Ms. 
ROYBAL-ALLARD, Mrs. MCBATH, Ms. DEAN, Mr. VEASEY, Ms. KAPTUR, 
Mr. DESAULNIER, Mr. POCAN, Ms. SCANLON, Mr. CARTWRIGHT, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, Mr. LEVIN of California, Ms. 
SHERRILL, Ms. BARRAGA´N, Mrs. TORRES of California, Mr. TONKO, Mr. 
WELCH, Ms. JAYAPAL, Mr. KRISHNAMOORTHI, Ms. TLAIB, Mr. GRI-
JALVA, Mr. KHANNA, Ms. KELLY
of Illinois, Mr. GALLEGO, Mr. 
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CARBAJAL, Mr. BISHOP of Georgia, Mr. PETERS, Mr. SEAN PATRICK 
MALONEY of New York, Mr. MOULTON, Mr. LYNCH, Mr. COHEN, Ms. 
BONAMICI, Ms. GARCIA
of Texas, Mr. DEUTCH, Mr. RYAN, Mr. 
CA´RDENAS, Mrs. DEMINGS, Ms. ESCOBAR, Mr. VICENTE GONZALEZ of 
Texas, Ms. CLARKE of New York, and Ms. LOFGREN) introduced the fol-
lowing 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 of 2021’’. 
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— 
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‘‘(i) who first becomes eligible for an old-age or 
disability insurance benefit after 2022 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— 
‘‘(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 
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‘‘(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 
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 
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(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-
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 
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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 
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 
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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 
(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, 2023. 
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