U.S. House Ways and Means Committee Chairman Kevin Brady (R-TX) and Ranking Member Richard Neal (D-MA) have re-filed a late-session bill that would revise the calculation of benefits for Texas teachers and other employees who are currently subject to the Windfall Elimination Provision (WEP). The bill also was filed in the Senate by Sen. Ted Cruz (R-TX) as S. 3526.

The WEP reduces Social Security benefits for teachers not paying into Social Security who earned benefits through their own previous employment in which they paid into the system. H.R. 6933, the Equal Protection for Public Servants Act, does not address the Government Pension Offset (GPO), the penalty that affects employees who would otherwise be eligible for spousal Social Security benefits.

Rather than applying a uniform penalty, the revised formula in Brady's bill would take into consideration the employee's actual work history and compensation to provide a more fair calculation of benefits. Employees previously subject to the WEP would still likely see a reduction in benefits but in most cases would benefit from the new formula. Brady has filed similar legislation in previous sessions and has had at least one hearing on the topic.

Given that Congress is in its last several weeks of the current congressional session, the bills are unlikely to progress; Brady and Neal acknowledge that "The legislation ... is intended to facilitate further discussion and analysis." The House bill authors invite feedback on the legislation at WEP.feedback@mail.house.gov.