{"format":1,"id":"118-hr-5342","congress":118,"number":"H.R. 5342","kind":"bill","group":"bills","title":"Equal Treatment of Public Servants Act of 2023","title_source":"Short Title(s) as Introduced","official_title":"To amend title II of the Social Security Act to replace the windfall elimination provision with a formula equalizing benefits for certain individuals with noncovered employment, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend title II of the Social Security Act to replace the windfall elimination provision with a formula equalizing benefits for certain individuals with noncovered employment, and for other purposes."},{"type":"Display Title","title":"Equal Treatment of Public Servants Act of 2023"},{"type":"Short Title(s) as Introduced","title":"Equal Treatment of Public Servants Act of 2023"}],"outcome":"failed_house","law_number":null,"introduced":"2023-09-05","chambers":{"house":{"status":"roll_call","date":"2024-11-12","vote":{"id":"118-2024-h457","question":"On Motion to Suspend the Rules and Pass","title":"Equal Treatment of Public Servants Act","result":"Failed","yea":175,"nay":225,"present":1,"not_voting":33,"source":"https://clerk.house.gov/evs/2024/roll457.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 175 - 225, 1 Present (Roll no. 457).","date":"2024-11-12"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2023-09-05","stage":"Introduced in House","blocks":[{"k":"h","t":"Equal Treatment of Public Servants Act of 2023"},{"k":"p","t":"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."},{"k":"p","t":"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 2067, and (2) have earnings from non-covered service performed in a year after 1977. Beneficiaries who become eligible for benefits between 2025 and 2067 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."},{"k":"p","t":"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."}],"words":164},"summary":{"main_subject":{"text":"Amends title II of the Social Security Act to replace the windfall elimination provision's benefit calculation with a new formula that counts noncovered earnings, and adds related payments, statement reporting and a study of pension data sharing.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H15DC72924EC54783BD636FAC36A24E30"},{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H0B0F2EA2E55247D7A0646183788E8C21"},{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H545636D2B263442EBFFE542965B7A705"},{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H96663D75FEA945A596E39DE5E8A5A7CB"},{"label":"Sec. 6","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#HD875117491F64509A47D6F87D0D8D74C"}]},"core_areas":["Social Security benefit formula for individuals with noncovered employment","Transition rules for benefits first payable after 2024 and before 2068","Additional monthly payments to certain beneficiaries","Reporting of noncovered earnings on Social Security account statements","Study of data sharing with State and local pension systems"],"what_it_does":[{"text":"Adds a new paragraph to section 215(a) of the Social Security Act that multiplies the primary insurance amount by a fraction based on average indexed monthly earnings with and without noncovered earnings, for individuals who first become eligible after 2067 and have noncovered service after 1977.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H15DC72924EC54783BD636FAC36A24E30"}},{"text":"Treats recorded noncovered earnings from each year after 1977 as wages when determining average indexed monthly earnings under the new formula, and excludes noncovered service as a member of a uniformed service.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H15DC72924EC54783BD636FAC36A24E30"}},{"text":"Sets the primary insurance amount for individuals who first become eligible after 2024 and before 2068 at the higher of the amount under the existing paragraph (7) or the amount that would be computed under the new formula.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H0B0F2EA2E55247D7A0646183788E8C21"}},{"text":"Requires the Commissioner of Social Security to pay an additional $100 per month to each eligible individual, and $50 per month to certain others entitled to a benefit on an eligible individual's record, for months beginning at least 270 days after enactment.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H545636D2B263442EBFFE542965B7A705"}},{"text":"Amends section 1143(a)(2) of the Social Security Act to add earnings from service after 1977 that was not employment, other than uniformed service, to Social Security account statements issued on or after January 1, 2025.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H96663D75FEA945A596E39DE5E8A5A7CB"}},{"text":"Requires the Commissioner to study and test the feasibility of partnering with State and local pension systems on noncovered pension information, to conclude the study within 4 years of enactment, and to report to the Ways and Means and Finance Committees.","cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#HD875117491F64509A47D6F87D0D8D74C"}}],"unexpected":[{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H15DC72924EC54783BD636FAC36A24E30"},"heading":"Replacement of the windfall elimination provision with a formula equalizing benefits for certain individuals with noncovered employment","effect":"Sets a new benefit formula that counts recorded noncovered earnings as wages, but leaves out earnings from noncovered service as a member of a uniformed service.","amount":null,"quote":"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))"},{"cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih#H96663D75FEA945A596E39DE5E8A5A7CB"},"heading":"Reporting of noncovered earnings on social security account statements","effect":"Adds noncovered earnings to Social Security account statements, but excludes service as a member of a uniformed service from the amount reported.","amount":null,"quote":"not including service as a member of a uniformed service (as defined in section 210(m))"}]}],"version":{"type":"Introduced in House","date":"2023-09-05","rule":"nearest","href":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text/ih"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-01","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/5342","text":"https://www.congress.gov/bill/118th-congress/house-bill/5342/text"},"card":{"image":"card/item/118-hr-5342.png","v":"27d4389d75cc","alt":"Votes on Record. H.R. 5342, 118th Congress: Equal Treatment of Public Servants Act of 2023. House: 175 Yea, 225 Nay. Outcome: Failed House, 12 Nov 2024."}}