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H.R. 5342 · 118th Congress · Social Welfare

Equal Treatment of Public Servants Act of 2023

Failed Introduced Sep 12, 2023 Latest action Nov 12, 2024

What it does

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 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.

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.

Summary by the Congressional Research Service, Sep 5, 2023 (Introduced in House). CRS summarizes bills impartially; it does not take positions.

Roll call votes

DateQuestionParty split (yea)Result
Nov 12, 2024
House roll 1175
On Motion to Suspend the Rules and PassEqual Treatment of Public Servants Act
D 3–193 · R 172–32
Failed
175–225

Latest action

Nov 12, 2024 · 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).