I 
113TH CONGRESS 
2D SESSION 
H. R. 5697 
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 
NOVEMBER 13, 2014 
Mr. BRADY of Texas (for himself and 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 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 ‘‘Equal Treatment of 
Public Servants Act of 2014’’. 
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SEC. 2. REPLACEMENT OF THE WINDFALL ELIMINATION 
PROVISION WITH A 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 becomes eligible for old-age insurance 
benefits after 2016 or would attain age 62 after 
2016 and becomes eligible for disability insurance 
benefits after 2016, 
‘‘(ii) who subsequently becomes entitled to such 
benefits, and 
‘‘(iii) who has earnings derived from noncovered 
service performed in a year after 1977, 
the primary insurance amount of such individual 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 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 pursuant to clauses (i) and 
(ii)(II) of subparagraph (B), the individual’s average in-
dexed monthly earnings shall be determined by treating 
all recorded noncovered 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 cov-
ered earnings (as defined in clause (ii)(II)) for such cal-
endar year together with amounts consisting of ‘wages’ (as 
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ice (as defined in section 210(m))) to be treated as re-
corded noncovered earnings. Such methods shall provide 
for reliance on earnings information which is provided to 
the Commissioner by employers and which, as determined 
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 evidence of earnings derived from non-
covered service by an individual which is provided by the 
individual to the Commissioner and which the Commis-
sioner considers appropriate as a reasonable basis for 
treatment of such earnings as recorded noncovered earn-
ings, except that such evidence provided by the individual 
shall be taken into account only to the extent that such 
evidence does not relate to earnings for service with re-
spect to which information regarding earnings has already 
been obtained by the Commissioner from the employer and 
only to the extent that such evidence does not result in 
a reduction in the individual’s primary insurance amount 
as calculated under subparagraph (B). 
‘‘(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-
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puted or recomputed under paragraph (1) of this sub-
section.’’. 
(b) MODIFICATION
OF
WINDFALL
ELIMINATION 
PROVISION FOR CURRENT BENEFICIARIES; RECOVERY OF 
CERTAIN OVERPAYMENTS.—Section 215(a)(7) of such 
Act (42 U.S.C. 415(a)(7)) is amended by adding at the 
end the following: 
‘‘(F)(i) Notwithstanding subparagraph (A), for pur-
poses of determining the amount of monthly insurance 
benefits for months after December 2016, the primary in-
surance amount of an individual described in subpara-
graph (A), or an individual described in subparagraph (G) 
whose primary insurance amount was calculated or recal-
culated under subparagraph (B), shall be deemed to be 
equal to the sum of— 
‘‘(I) the primary insurance amount of such indi-
vidual computed or recomputed under subparagraph 
(B); plus 
‘‘(II) the applicable percentage (determined 
under clause (ii)) of the amount by which the pri-
mary insurance amount of such individual computed 
or recomputed under subparagraph (B) is exceeded 
by the primary insurance amount of such individual 
that would be determined without regard to this 
paragraph. 
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‘‘(ii) The applicable percentage determined under this 
clause shall be a percentage (but not more than 50 per-
cent) which shall be determined by the Commissioner on 
the basis of the amount of the savings generated as a re-
sult of the enactment of the Equal Treatment of Public 
Servants Act of 2014. The Commissioner shall determine 
and promulgate the applicable percentage determined 
under this clause on or before November 1, 2016, based 
upon the most recent actuarial estimates then available. 
‘‘(G) In the case of an individual whose primary in-
surance amount would be computed under paragraph (1) 
of this subsection who— 
‘‘(i) attains age 62 after 1985 and before 2017 
(except where he or she became entitled to a dis-
ability insurance benefit before 1986 and remained 
so entitled in any of the 12 months immediately pre-
ceding his or her attainment of age 62), or 
‘‘(ii) would attain age 62 after 1985 and before 
2017 and becomes eligible for a disability insurance 
benefit after 1985 and before 2017, and 
‘‘(iii) is eligible for old-age insurance benefits or 
disability insurance benefits for December 2016, 
‘‘(iv) has recorded noncovered earnings (as de-
fined in paragraph (8)(C)(ii)), and 
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‘‘(v) has less than 30 years of coverage (as de-
fined in subparagraph (D)), 
the primary insurance amount of such individual shall be 
computed or recomputed under this paragraph unless such 
individual provides to the Commissioner evidence deter-
mined to be satisfactory by the Commissioner that such 
individual has not received any periodic payment attrib-
utable to noncovered service. The Commissioner shall, in 
accordance with section 204, recover from such individual 
described in subparagraph (A), and any other individual 
receiving benefits under this title on the basis of the wages 
and self-employment income of such individual described 
in subparagraph (A), any excess of the total amount of 
benefits under this title paid to each such individual prior 
to 2017 over the amount computed on the basis of the 
primary insurance amount computed or recomputed under 
this paragraph without regard to subparagraph (F).’’. 
(c) 
CONFORMING
AMENDMENTS.—Section 
215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)) is 
amended— 
(1) by striking ‘‘after 1985’’ each place it ap-
pears and inserting ‘‘after 1985 and before 2017’’; 
and 
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(2) by striking ‘‘hereafter in this paragraph and 
in subsection (d)(3)’’ and inserting ‘‘in this para-
graph, paragraph (8), and subsection (d)(3)’’. 
Æ 
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