,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efig ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjad ,mr4 ,brady of ,texas 7for himself and ,mr4 ,neal7 introduced the following bill2 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 servants4 #a4 ,short title ,this ,act may be cited as the ,equal ,treatment of ,public ,servants ,act of #bjad4 #b4 ,replacement of the windfall elimination provision with a formula equalizing benefits for certain individuals with non-covered employment 7a7 ,in general ,section #bae7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dae7;a77 is amended by inserting after paragraph 7#g7 the following3 7#h7 7,a7 ,in the case of an individual whose primary insurance amount would be computed under paragraph 7#a7 of this subsection-- 7i7 who becomes eligible for old-age insurance benefits after #bjaf or would attain age #fb after #bjaf and becomes eligible for disability insurance benefits after #bjaf1 7ii7 who subsequently becomes entitled to such benefits1 and 7iii7 who has earnings derived from noncovered service performed in a year after #aigg1 the primary insurance amount of such individual shall be computed or recomputed under this paragraph4 7,b7 ,the primary insurance amount of an individual described in subparagraph 7,a71 as computed or recomputed under this paragraph1 shall be the product derived by multiplying-- 7i7 the individual's primary insurance amount1 as determined under paragraph 7#a7 of this subsection and subparagraph 7,c7 of this paragraph1 by 7ii7 a fraction-- 7,i7 the numerator of which is the individual's average indexed monthly earnings 7determined without regard to subparagraph 7,c771 and 7,,ii7 the denominator of which is an amount equal to the individual's average indexed monthly earnings 7as determined under subparagraph 7,c771 rounded1 if not a multiple of #j4aj1 to the next lower multiple of #j4aj4 7,c7 7i7 ,for purposes of determining an individual's primary insurance amount pursuant to clauses 7i7 and 7ii77,,ii7 of subparagraph 7,b71 the individual's average indexed monthly earnings shall be determined by treating all recorded noncovered earnings 7as defined in clause 7ii77,i77 derived by the individual from noncovered service performed in each year after #aigg as wages 7as defined in section #bji for purposes of this title71 which shall be treated as included in the individual's adjusted total covered earnings 7as defined in clause 7ii77,,ii77 for such calendar year together with amounts consisting of wages 7as so defined without regard to this subparagraph7 paid during such calendar year and self-employment income 7as defined in section #baa7;b77 for taxable years ending with or during such calendar year4 7ii7 ,for purposes of this subparagraph-- 7,i7 ,the term recorded noncovered earnings means earnings derived from noncovered service 7other than noncovered service as a member of a uniformed service 7as defined in section #baj7m777 for which satisfactory evidence is determined by the ,commissioner to be available in the records of the ,commissioner4 7,,ii7 ,the term adjusted total covered earnings means1 in connection with an individual for any calendar year1 the sum of the wages paid to the individual during such calendar year 7as adjusted under subsection 7b77#c77 plus the self-employment income derived by the individual during any taxable year ending with or during such calendar year 7as adjusted under subsection 7b77#c774 7iii7 ,the ,commissioner of ,social ,security shall provide by regulation for methods for determining whether satisfactory evidence is available in the records of the ,commissioner for earnings for noncovered service 7other than noncovered service as a member of a uniformed service 7as defined in section #baj7m777 to be treated as recorded noncovered earnings4 ,such methods shall provide for reliance on earnings information which is provided to the ,commissioner by employers and which1 as determined by the ,commissioner1 constitute a reasonable basis for treatment of earnings for noncovered service as recorded noncovered earnings4 ,in making determinations under this clause1 the ,commissioner shall also take into account any documentary evidence of earnings derived 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 noncovered earnings1 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 respect 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 7,b74 7,d7 ,upon the death of an individual whose primary insurance amount is computed or recomputed under this paragraph1 such primary insurance amount shall be computed or recomputed under paragraph 7#a7 of this subsection4 4 7b7 ,modification of windfall elimination provision for current beneficiaries2 recovery of certain overpayments ,section #bae7;a77#g7 of such ,act 7#db ,u4,s4,c4 #dae7;a77#g77 is amended by adding at the end the following3 7,f7 7i7 ,notwithstanding subparagraph 7,a71 for purposes of determining the amount of monthly insurance benefits for months after ,december #bjaf1 the primary insurance amount of an individual described in subparagraph 7,a71 or an individual described in subparagraph 7,g7 whose primary insurance amount was calculated or recalculated under subparagraph 7,b71 shall be deemed to be equal to the sum of-- 7,i7 the primary insurance amount of such individual computed or recomputed under subparagraph 7,b72 plus 7,,ii7 the applicable percentage 7determined under clause 7ii77 of the amount by which the primary insurance amount of such individual computed or recomputed under subparagraph 7,b7 is exceeded by the primary insurance amount of such individual that would be determined without regard to this paragraph4 7ii7 ,the applicable percentage determined under this clause shall be a percentage 7but not more than #ej percent7 which shall be determined by the ,commissioner on the basis of the amount of the savings generated as a result of the enactment of the ,equal ,treatment of ,public ,servants ,act of #bjad4 ,the ,commissioner shall determine and promulgate the applicable percentage determined under this clause on or before ,november #a1 #bjaf1 based upon the most recent actuarial estimates then available4 7,g7 ,in the case of an individual whose primary insurance amount would be computed under paragraph 7#a7 of this subsection who-- 7i7 attains age #fb after #aihe and before #bjag 7except where he or she became entitled to a disability insurance benefit before #aihf and remained so entitled in any of the #ab months immediately preceding his or her attainment of age #fb71 or 7ii7 would attain age #fb after #aihe and before #bjag and becomes eligible for a disability insurance benefit after #aihe and before #bjag1 and 7iii7 is eligible for old-age insurance benefits or disability insurance benefits for ,december #bjaf1 7iv7 has recorded noncovered earnings 7as defined in paragraph 7#h77;,c77ii771 and 7v7 has less than #cj years of coverage 7as defined in subparagraph 7,d771 the primary insurance amount of such individual shall be computed or recomputed under this paragraph unless such individual provides to the ,commissioner evidence determined to be satisfactory by the ,commissioner that such individual has not received any periodic payment attributable to noncovered service4 ,the ,commissioner shall1 in accordance with section #bjd1 recover from such individual described in subparagraph 7,a71 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 7,a71 any excess of the total amount of benefits under this title paid to each such individual prior to #bjag over the amount computed on the basis of the primary insurance amount computed or recomputed under this paragraph without regard to subparagraph 7,f74 4 7c7 ,conforming amendments ,section #bae7;a77#g77;,a7 of such ,act 7#db ,u4,s4,c4 #dae7;a77#g77;,a77 is amended-- 7#a7 by striking after #aihe each place it appears and inserting after #aihe and before #bjag2 and 7#b7 by striking hereafter in this paragraph and in subsection 7d77#c7 and inserting in this paragraph1 paragraph 7#h71 and subsection 7d77#c74