,i #aafth ,,congress #ast ,session ,h4 ,r4 #dedj ,,in ,,the ,,house ,,of ,,representatives ,september #bg1 #bjai,mr4 ,neal 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 provide an equitable ,social ,security formula for individuals with noncovered employment and to provide relief for individuals currently affected by the ,windfall ,elimination ,provision4 #a4 ,short title ,this ,act may be cited as the ,public ,servants ,protection and ,fairness ,act4 #b4 ,alternative formula equalizing benefits for certain individuals with noncovered 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 first becomes eligible for an old-age or disability insurance benefit after #bjba and who subsequently becomes entitled to such benefit2 7ii7 who has earnings derived from noncovered service performed in a year after #aigg and is entitled to a monthly periodic payment based on such earnings2 and 7iii7 who has less than #cj years of coverage 7as defined for purposes of paragraph 7#g77;,d771 the primary insurance amount of such individual shall be the higher of the amount computed or recomputed under paragraph 7#g7 without regard to this paragraph or the amount 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 and average indexed monthly earnings 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 subparagraph3 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 or other public guidance 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 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 or other 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 earnings4 7iv7 ,in the case of any individual who1 at the time of application for old-age or disability insurance benefits under this title1 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 7but whose application does not report such a monthly periodic payment71 the ,commissioner shall reconfirm with the individual whether such a monthly periodic payment is being paid in order to ensure the proper application of paragraph 7#g7 and this paragraph4 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 7,e7 ,in the case of any individual whose primary insurance amount would be computed under this paragraph who first becomes entitled after #aihe to a monthly periodic payment made by a foreign employer or foreign country that is based in whole or in part upon noncovered service1 the primary insurance amount of such individual shall be computed or recomputed under paragraph 7#g7 or paragraph 7#a71 as applicable1 for months beginning with the first month of the individual's initial entitlement to such monthly periodic payment4 4 7b7 ,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 hereafter in this paragraph and in subsection 7d77#c7 and inserting in this paragraph1 paragraph 7#h71 and subsection 7d77#c72 and 7#b7 by striking shall be computed or recomputed and inserting shall1 subject to paragraph 7#h71 be computed or recomputed4 7c7 ,effective date ,the amendments made by this section shall apply with respect to monthly insurance benefits payable on or after ,january #a1 #bjbb4 #c4 ,additional monthly payment for certain individuals whose benefit amount is reduced by the windfall elimination provision 7a7 ,in general ,section #bae7;a7 of such ,act 7#db ,u4,s4,c4 #dae7;a771 as amended by section #b7;a71 is further amended by adding at the end the following3 7#i7 7,a7 ,for any month beginning at least #bgj days after the date of the enactment of the ,public ,servants ,protection and ,fairness ,act1 the ,commissioner of ,social ,security shall1 subject to subparagraphs 7,d7 and 7,e71 make an additional monthly payment to each individual who is an eligible individual for such month1 in an amount equal to the amount determined under subparagraph 7,c7 with respect to such eligible individual4 7,b7 ,for purposes of this paragraph1 the term eligible individual for a month means an individual 7other than an individual described in paragraph 7#h77;,e77 who-- 7i7 first becomes eligible for an old-age or disability insurance benefit under this title before #bjbb2 and 7ii7 is entitled to an old-age or disability insurance benefit under this title for such month based on a primary insurance amount that was computed or recomputed under paragraph 7#g7 7and not subsequently recomputed under any other paragraph of this subsection74 ,for purposes of clause 7i71 an individual shall be deemed eligible for a benefit for a month if1 upon filing application therefor in such month1 the individual would be entitled to such benefit for such month4 7,c7 7i7 ,the amount determined under this paragraph with respect to an eligible individual is #aej1 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 7#a7 of this subsection without regard to paragraph 7#g7 exceeds the amount of such primary insurance amount computed or recomputed for such month under paragraph 7#g7 is less than #aej1 the amount determined under this paragraph shall equal the amount of such excess4 7ii7 ,for purposes of this subparagraph1 the term initial computation month means1 with respect to an individual1 the later of-- 7,i7 the #ast month beginning at least #bgj days after the date of the enactment of the ,public ,servants ,protection and ,fairness ,act2 or 7,,ii7 the #ast month for which the individual's primary insurance amount is computed or recomputed under paragraph 7#g74 7,d7 ,in any case in which this title provides that no monthly benefit under section #bjb or #bbc shall be paid to an individual for a month1 no additional monthly payment shall be paid to the individual for such month4 ,this subparagraph shall not apply in the case of an individual whose monthly benefit under section #bjb or #bbc is reduced1 regardless of the amount of the reduction1 based on-- 7i7 the individual's receipt of other income or benefits for such month2 or 7ii7 the adjustment or recovery of an overpayment under section #bjd4 7,e7 ,except for purposes of adjustment or recovery of an overpayment under section #bjd1 an additional monthly payment under this paragraph shall not be subject to any reduction or deduction under this title4 7,f7 ,whenever benefit amounts under this title are increased by any percentage effective with any month as a result of a determination made under subsection 7i71 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 month4 7,g7 ,the amount of any additional monthly payment under this paragraph shall be disregarded for purposes of determining the eligibility or benefit amount of an individual for supplemental security income benefits payable under title ,,xvi of the ,social ,security ,act1 but only if such individual-- 7i7 is eligible for a cash benefit payable under section #afaa1 section #afai7;a71 or section #afca7;a77#g7 for the #ast month beginning at least #bgj days after the date of the enactment of the ,public ,servants ,protection and ,fairness ,act2 7ii7 is an individual described in section #afai7;b7 for such month2 or 7iii7 is eligible for a ,state supplementary payment for such month of the type referred to in section #afaf7;a7 7or payments of the type described in section #bab7;a7 of ,public ,law #ic-ff7 which are paid by the ,commissioner under an agreement referred to in section #afaf7;a7 7or section #bab7;a7 of ,public ,law #ic-ff74 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to monthly insurance benefits payable for months beginning at least #bgj days after the date of the enactment of this ,act4 #d4 ,improvement in ,social ,security account statements for public servants 7a7 ,in general ,section #aadc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ac7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,c7 through 7,f72 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 the amount of earnings derived by the eligible individual from service performed after #aigg which did not constitute employment 7as defined in section #baj71 not including service as a member of a uniformed service 7as defined in section #baj7m771 as shown by the records of the ,commissioner at the date of the request2 2 and 7,c7 in subparagraph 7,e7 7as redesignated by subparagraph 7,a771 by inserting 7in the case of an eligible individual described in paragraph 7#c77;,c77ii71 calculated using a primary insurance amount estimated pursuant to paragraph 7#h7 of section #bae7;a7 and including a notation indicating the use of such method of calculation7 after account4 7#b7 in paragraph 7#c77;,c77ii7-- 7,a7 by striking wages or self-employment income and inserting wages1 self-employment income1 and earnings derived from noncovered service 7within the meaning of section #bae7;a77#g772 and 7,b7 by striking of noncovered employment and inserting that the individual's primary insurance amount will be computed under paragraph 7#g7 or 7#h7 of section #bae7;a74 7b7 ,conforming amendments ,section #aadc of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ac7 is amended-- 7#a7 in subsection 7a77#b77;,f7 7as redesignated by subsection 7a77#a77;,a7 of this section71 by striking sections #bjb7k77#e7 and #bae7;a77#g7 and all that follows through auxiliary benefits and inserting sections #bjb7k77#e71 #bae7;a77#g71 and #bae7;a77#h72 and 7#b7 in subsection 7d77#a7-- 7,a7 by striking maximum2 and 7,b7 by striking section #bae7;a77#g7 and inserting sections #bae7;a77#g7 and #bae7;a77#h74 7c7 ,effective date ,the amendments made by this section shall apply with respect to ,social ,security account statements issued on or after ,january #a1 #bjbb4 #e4 ,study on availability of information relating to retirement plans 7a7 ,in general ,the ,comptroller ,general shall conduct a study to determine the extent to which ,state and local governments 7or their designees7 that maintain retirement plans for their employees possess or otherwise have access to information sufficient to determine what amount of a participant's benefits under such plan are based on noncovered service 7within the meaning of section #bae7;a77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dae7;a77#g7774 7b7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate on the results of the study described in subsection 7a74 #f4 ,hold harmless for the ,social ,security ,trust ,funds ,there are appropriated1 out of any moneys in the ,treasury not otherwise appropriated1 to each of the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund for each fiscal year such amounts as the chief actuary of the ,social ,security ,administration shall certify are necessary to place each such ,trust ,fund in the same position at the end of such fiscal year as it would have been in if the amendments made by this ,act had not been enacted4