H.R. 5342 · 118th Congress

Replaces the Social Security windfall elimination provision with a new benefit formula

Official title: Equal Treatment of Public Servants Act of 20231

§1What it does

Why this matters: A plain-English description of the bill as it was voted on, written by us from the official summary and text.

Drafted by AI from the public sources cited. Each sentence links to its source.

This bill would phase in a new formula to replace the windfall elimination provision, a rule that reduces Social Security retirement and disability benefits for people who also receive a pension from work that was not covered by Social Security.2,3 The new formula would adjust a person's lifetime earnings according to the share of those earnings on which Social Security payroll taxes were paid.3 People who become eligible for benefits from 2025 through 2067 would get whichever amount is higher under the current rule or the new formula, the new formula alone would apply to people eligible after 2067, and certain people now affected by the provision would receive an additional payment.3 The Social Security Administration would also have to show earnings from work not covered by Social Security on account statements and study sharing data with certain pension systems.3

§2Status

StatusLatest action, November 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).1
IntroducedSeptember 5, 2023
SponsorRep. Arrington, Jodey C. [R-TX-19]
Cosponsors37 cosponsors (1 Democratic, 36 Republican)
Official recordH.R. 5342 on Congress.gov

§3How Congress voted

Why this matters: The official count.

House, November 12, 2024

On Motion to Suspend the Rules and Pass: Failed — 175 yes, 225 no, 1 present, 33 not voting.4