I 
112TH CONGRESS 
1ST SESSION H. R. 2797 
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 
AUGUST 5, 2011 
Mr. BRADY of Texas (for himself, Mr. MARCHANT, Mr. SCHOCK, Mr. LONG, 
Mr. OLSON, Mr. PAUL, and Mr. MCCAUL) 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 ‘‘Public Servant Retire-
ment Protection Act of 2011’’. 
SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION 
PROVISION. 
Paragraph (7) of section 215(a) of the Social Secu-
rity Act (42 U.S.C. 415(a)(7)) is repealed. 
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SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION 
PROVISION WITH A FORMULA EQUALIZING 
BENEFITS FOR CERTAIN INDIVIDUALS WITH 
NON-COVERED EMPLOYMENT. 
(a) SUBSTITUTION OF PROPORTIONAL FORMULA FOR 
FORMULA BASED ON COVERED PORTION OF PERIODIC 
BENEFIT.— 
(1) IN GENERAL.—Section 215(a) of the Social 
Security Act (as amended by section 2 of this Act) 
is amended further by inserting after paragraph (6) 
the following new paragraph: 
‘‘(7)(A) In the case of an individual whose primary 
insurance amount would be computed under paragraph 
(1) of this subsection, who— 
‘‘(i) attains age 62 after 1985 (except where he 
or she became entitled to a disability insurance ben-
efit before 1986 and remained so entitled in any of 
the 12 months immediately preceding his or her at-
tainment of age 62), or 
‘‘(ii) would attain age 62 after 1985 and be-
comes eligible for a disability insurance benefit after 
1985, 
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 
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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 2011, 
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 
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calendar month following the date of the enactment 
of the Public Servant Retirement Protection Act of 
2011, 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-
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. 
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‘‘(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 
amount of the individual’s adjusted total covered earnings 
(as defined in clause (iii)(II)) for such calendar year shall 
be deemed to be, in lieu of the amount determined without 
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regard to this clause, an amount equal to the quotient de-
rived by dividing— 
‘‘(I) the sum of all adjusted total covered earn-
ings (determined without regard to this clause) of 
the individual for all calendar years after 1950, plus 
all recorded noncovered earnings which are paid to 
the individual during such calendar years (after ad-
justment under subsection (b)(3) as if such earnings 
were wages), by 
‘‘(II) the number of calendar years after 1950 
for which there are, with respect to the individual, 
any earnings described in subclause (I). 
‘‘(iii) 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 
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derived by the individual during any taxable year 
ending with or during such calendar year (as ad-
justed under subsection (b)(3)). 
‘‘(iv) The Commissioner of Social Security shall pro-
vide by regulation for methods for determining whether 
satisfactory evidence is available in the records of the 
Commissioner for earnings for noncovered service (other 
than noncovered service as a member of a uniformed serv-
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 
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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 (C). 
‘‘(E)(i) For purposes of determining the primary in-
surance amount under this subparagraph pursuant to sub-
paragraph (B)(ii)(II)— 
‘‘(I) there shall first be computed an amount 
equal to the individual’s primary insurance amount 
under paragraph (1) of this subsection, except that 
for purposes of such computation the percentage of 
the individual’s average indexed monthly earnings 
established by subparagraph (A)(i) of paragraph (1) 
shall be the percent specified in clause (ii), and 
‘‘(II) there shall then be computed (without re-
gard to this paragraph) a second amount, which 
shall be equal to the individual’s primary insurance 
amount under paragraph (1) of this subsection, ex-
cept that such second amount shall be reduced by an 
amount equal to one-half of the portion of the 
monthly periodic payment which is attributable to 
noncovered service performed after 1956 (with such 
attribution being based on the proportionate number 
of years of such noncovered service) and to which 
the individual is entitled (or is deemed to be enti-
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equivalent to a monthly payment (as determined by the 
Commissioner of Social Security), and such equivalent 
monthly payment shall constitute a monthly periodic pay-
ment for purposes of this paragraph. 
‘‘(ii) In the case of an individual who has elected to 
receive a periodic payment that has been reduced so as 
to provide a survivor’s benefit to any other individual, the 
payment shall be deemed to be increased (for purposes of 
any computation under this paragraph or subsection 
(d)(3)) by the amount of such reduction. 
‘‘(iii) For purposes of this paragraph, the term ‘peri-
odic payment’ includes a payment payable in a lump sum 
if it is a commutation of, or a substitute for, periodic pay-
ments. 
‘‘(G)(i) In any case in which the primary insurance 
amount would otherwise be calculated under subparagraph 
(E)— 
‘‘(I) this paragraph shall not apply in the case 
of an individual who has 30 years or more of cov-
erage; and 
‘‘(II) in the case of an individual who has more 
than 20 years of coverage but less than 30 years of 
coverage (as so defined), the percent specified in the 
applicable subdivision of subparagraph (E)(ii) shall 
(if such percent is smaller than the applicable per-
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cent specified in the following table) be deemed to be 
the applicable percent specified in the following 
table: 
‘‘If the number of the 
individual’s years of 
The applicable 
coverage (as so defined) is: 
percent is: 
29 .......................................................................................................
28 .......................................................................................................
27 .......................................................................................................
26 .......................................................................................................
25 .......................................................................................................
24 .......................................................................................................
23 .......................................................................................................
22 .......................................................................................................
21 .......................................................................................................
45. 
‘‘(ii) For purposes of clause (i), the term ‘year of cov-
erage’ shall have the meaning provided in paragraph 
(1)(C)(ii), except that the reference to ‘15 percent’ therein 
shall be deemed to be a reference to ‘25 percent’. 
‘‘(H) An individual’s primary insurance amount de-
termined under this paragraph shall be deemed to be com-
puted under paragraph (1) of this subsection for the pur-
pose of applying other provisions of this title. 
‘‘(I) This paragraph shall not apply in the case of 
an individual whose eligibility for old-age or disability in-
surance benefits is based on an agreement concluded pur-
suant to section 233 or an individual who on January 1, 
1984— 
‘‘(i) is an employee performing service to which 
social security coverage is extended on that date 
solely by reason of the amendments made by section 
101 of the Social Security Amendments of 1983; or 
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‘‘(ii) is an employee of a nonprofit organization 
which (on December 31, 1983) did not have in effect 
a waiver certificate under section 3121(k) of the In-
ternal Revenue Code of 1954 and to the employees 
of which social security coverage is extended on that 
date solely by reason of the amendments made by 
section 102 of the Social Security Amendments of 
1983, unless social security coverage had previously 
extended to service performed by such individual as 
an employee of that organization under a waiver cer-
tificate which was subsequently (prior to December 
31, 1983) terminated.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 215(d)(3) of such Act (42 
U.S.C. 415(d)(3)) is amended— 
(i) by striking ‘‘subsection (a)(7)(C)’’ 
each place it appears and inserting ‘‘sub-
section (a)(7)(F)’’; 
(ii) by striking ‘‘subparagraph (E)’’ 
and inserting ‘‘subparagraph (I)’’; and 
(iii) by striking ‘‘subparagraph (D)’’ 
and inserting ‘‘subparagraph (G)(i)’’. 
(B) Section 215(f)(9)(A) of such Act (42 
U.S.C. 415(f)(9)(A)) is amended by striking 
‘‘(a)(7)(C)’’ and inserting ‘‘(a)(7)(F)’’. 
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SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to monthly insurance benefits for months com-
mencing with or after the 12th calendar month following 
the date of the enactment of this Act. Notwithstanding 
section 215(f) of the Social Security Act, the Commis-
sioner of Social Security shall recompute primary insur-
ance amounts to the extent necessary to carry out the 
amendments made by this Act. 
Æ 
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