United States 117th Congress Status: In Committee Bipartisan · 53 R · 3 D cosponsors

HR 5834 — Equal Treatment of Public Servants Act of 2021

Last action — Referred to the Subcommittee on Social Security.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Equal Treatment of Public Servants Act of 2021 This bill phases in a new funding formula for determining benefit amounts under the windfall elimination provision (WEP). The WEP reduces Social Security retirement and disability benefits for those who receive pensions for certain non-covered employment. The new formula adjusts an individual's total lifetime earnings based on the proportion of those earnings subject to Social Security payroll taxes. It applies to individuals who (1) become eligible for Social Security benefits after 2061, and (2) have earnings from non-covered service performed in a year after 1977. Beneficiaries who become eligible for benefits between 2023 and 2061 receive the higher of their benefit calculated under the existing WEP or the new formula. In addition, certain beneficiaries currently impacted by the WEP receive an additional payment. The Social Security Administration must include non-covered earnings in Social Security account statements and must study the feasibility of partnering with certain pension systems to address data sharing issues related to non-covered pensions.

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes new rules for calculating primary insurance amounts for individuals with noncovered employment and introduces additional monthly payments for certain beneficiaries affected by the windfall elimination provision.

  • 42 U.S.C. 415(a)

    (8)(A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection-- (i) who first becomes eligible for an old-age or disability insurance benefit after 2061, (ii) who subsequently becomes entitled to such benefit, and (iii) who has earnings derived from noncovered service performed in a year after 1977, the primary insurance amount of such individual shall be the amount computed or recomputed under this paragraph. (B) The primary insurance amount of an individual described in subparagraph (A), as computed or recomputed under this paragraph, shall be the product derived by multiplying-- (i) the individual's primary insurance amount, as determined under paragraph (1) of this subsection and subparagraph (C) of this paragraph, by (ii) a fraction-- (I) the numerator of which is the individual's average indexed monthly earnings (determined without regard to subparagraph (C)), and (II) the denominator of which is an amount equal to the individual's average indexed monthly earnings (as determined under subparagraph (C)), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10.

    This creates a new formula for computing primary insurance amounts for certain individuals with noncovered earnings.

  • 42 U.S.C. 415(a)

    after 1985 → after 1985 and before 2062

    This limits the application of a clause to individuals who becomes eligible after 1985 but before 2062.

  • 42 U.S.C. 415(a)

    which shall be treated as included in the individual's adjusted total covered earnings → which shall be treated as included in the individual's adjusted total covered earnings 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 calendar year.

    This change clarifies how noncovered earnings are treated in the calculation of primary insurance amounts.

  • 42 U.S.C. 415(a)

    (9) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection-- (A) who first becomes eligible for an old-age or disability insurance benefit after 2022 and before 2062, (B) who subsequently becomes entitled to such benefit, and (C) who has earnings derived from noncovered service performed in a year after 1977, 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 that would be computed or recomputed under paragraph (8) if the individual were an individual described in subparagraph (A) of such paragraph.

    This allows certain individuals to receive the higher of two potential primary insurance amounts.

  • 42 U.S.C. 415(a)

    (10)(A) For any month beginning at least 270 days after the date of enactment of the Equal Treatment of Public Servants Act of 2021, the Commissioner of Social Security shall, subject to subparagraphs (C) and (D), make an additional monthly payment of $100 to each individual who is an eligible individual for such month, and an additional monthly payment of $50 to each individual (other than an eligible individual) who is entitled to a benefit under section 202 for such month on the basis of the wages and self-employment income of such eligible individual.

    This introduces additional monthly payments for certain beneficiaries affected by the windfall elimination provision.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Ways and Means.

  4. Referred to the Subcommittee on Social Security.

Sponsors

Sponsorship breakdown

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1 sponsors · 55 co-sponsors · 491 not signed on

Sponsors (1)

Co-sponsors (55)

Not signed on (491)

491 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights labor
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Frequently asked questions

What does HR 5834 do?
Equal Treatment of Public Servants Act of 2021 This bill phases in a new funding formula for determining benefit amounts under the windfall elimination provision (WEP). The WEP reduces Social Security retirement and disability benefits for those who receive pensions for certain non-covered employment. The new formula adjusts an individual's total lifetime earnings based on the proportion of those earnings subject to Social Security payroll taxes. It applies to individuals who (1) become eligible for Social Security benefits after 2061, and (2) have earnings from non-covered service performed in a year after 1977. Beneficiaries who become eligible for benefits between 2023 and 2061 receive the higher of their benefit calculated under the existing WEP or the new formula. In addition, certain beneficiaries currently impacted by the WEP receive an additional payment. The Social Security Administration must include non-covered earnings in Social Security account statements and must study the feasibility of partnering with certain pension systems to address data sharing issues related to non-covered pensions.
Who sponsors HR 5834?
HR 5834 is sponsored by Brady, Kevin (Republican), Arrington, Jodey C. (Republican), Babin, Brian (Republican), Bacon, Don (Republican), Bice, Stephanie I. (Republican), Burgess, Michael C. (Republican), Carter, John R. (Republican), Crenshaw, Dan (Republican), Cuellar, Henry (Democratic), Ferguson, A. Drew (Republican), Gohmert, Louie (Republican), Gonzales, Tony (Republican), Gonzalez, Anthony (Republican), Gonzalez, Vicente (Democratic), Gooden, Lance (Republican), Granger, Kay (Republican), Guthrie, Brett (Republican), Hern, Kevin (Republican), Hice, Jody B. (Republican), Jackson, Ronny (Republican), Latta, Robert E. (Republican), McCaul, Michael T. (Republican), Murphy, Gregory F. (Republican), Nunes, Devin (Republican), Pfluger, August (Republican), Rice, Tom (Republican), Taylor, Van (Republican), Van Duyne, Beth (Republican), Weber, Randy K. Sr. (Republican), Wenstrup, Brad R. (Republican), Williams, Roger (Republican), Cawthorn, Madison (Republican), Vela, Filemon (Democratic), Wittman, Robert J. (Republican), Ellzey, Jake (Republican), Roy, Chip (Republican), Turner, Michael R. (Republican), LaHood, Darin (Republican), Kustoff, David (Republican), Cloud, Michael (Republican), Miller, Carol D. (Republican), Johnson, Mike (Republican), Carter, Earl L. "Buddy" (Republican), Young, Don (Republican), Thompson, Glenn (Republican), Smucker, Lloyd (Republican), Schweikert, David (Republican), Steel, Michelle (Republican), Franklin, Scott (Republican), Crawford, Eric A. "Rick" (Republican), Reschenthaler, Guy (Republican), Van Drew, Jefferson (Republican), Steil, Bryan (Republican), Fallon, Pat (Republican), Good, Bob (Republican), and Gosar, Paul A. (Republican).
What is the current status of HR 5834?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5834?
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