Congressman Kevin Brady files WEP replacement bill

U.S. Representative Kevin Brady (R-TX) who chairs the U.S. House Ways and Means Committee, along with Ranking Member Richard Neal (D-MA), has introduced H.R. 6933 to amend Title II of the Social Security Act. The bill would replace the windfall elimination provision (WEP) with a formula equalizing benefits for certain individuals with non-covered employment.

Chairman Kevin Brady (R-TX)

ATPE has worked closely with Chairman Brady to bring forward a bill that addresses the inequities in the current law, which stem from the arbitrary formula known as the windfall elimination provision. The goal for both ATPE and Chairman Brady is to put in place a formula that can both pass Congress and get more money on average into the pockets of retirees by treating them more fairly than they are treated under current law.

Stay tuned to TTV for a deeper dive on the bill as well as updates as it moves through the legislative process.

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49 thoughts on “Congressman Kevin Brady files WEP replacement bill

    1. Sharon L Keenan

      Still waiting for a repeal in my lifetime…does not look like that is going to happen anytime soon. I am between a rock and a hard place. A stay at home mom went to work for a total of 28 years 19 in substantial earnings and 9.5 in state government non SS. As a result, it is hard to believe but nearly 40% of my paid in social security is docked every month. There was no way to prepare for this injustice, when I went to social security office to ask they said that it is so complex that the local office sends my file to Washington D. C for calculations. I am 74 and looking for a part time job. That is really sick, this should be repealed now not somewhere in the future. There a many of us civil servants, police, fireman, school teachers. We are not screaming in the streets, we just politely ask for the right thing to be done in OUR lifetime.

  1. randall

    congressman Kevin Brady I had already worked for and earned
    my SS benefit before any law or windfall effected me, I live next door to a
    High ranking and ex board member that also talks to Rick Perry. What a shame
    to punish people that worked in High school, college, and summers,

  2. Jennifer

    Thank you for working on this bill. I paid into Social Security for nearly 25 years and am now a teacher in Texas. My plan is to teach another 17 years, when I’ll be 67. A revision of the formula, where we are not so heavily penalized, would be wonderful.

    1. Jones

      I worked 26 years under SS; then, I became an educator for another 24 years in Texas. I didn’t know about the WEP when I entered education. Had I known, I definitely would not have become an educator! Texas did not and does not let educators pay into SS. You must contribute to TRS. I’ve also written my representative and both Senators. Cruz didn’t respond, and Cornyn sent a ridiculous response outlining how SS is doomed without revisions and with “all the baby boomers” retiring the WEP money is too much income to the government to repeal.
      I lose over $200 per month. I don’t make what a Senator makes for sure (probably close to 200,000), so their WEP (if affected) of approx less than 450 is a crumb to them. In Cornyn’s words, let the WEP payers help carry the burden and wait until he can screw up SS revision. Thanks to Brady for pushing for equal treatment.

      1. Teresa Killebrew

        I lost $440 a month , GPO takes away spouses receiving SS from their spouse who paid into SS. WE get hit from both!

  3. Stephanie Smith

    This leaves most people over 65 with nothing. You need to actually read the bill.
    ‘‘(i) who first becomes eligible for an old-age or disability insurance benefit after 2024,
    ‘‘(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 computed or recomputed under this paragraph.

    1. Charis

      So, for those of us who worked in the public sector for 30 plus years, and then taught in Texas schools for 10 years, this will mean nothing?

      1. Monty Exter

        If you paid into social security for 30 years prior to teaching for 10 years you are already exempt from the WEP.

        1. Judith Long

          Only if those 30 years are qualifying years. I have worked for 30 years but not all my years qualify aos I will be penalized.

    2. Patricia Budak

      Thank you, Stephanie, for exposing Kevin Brady for the lying and cheating Congressman that he is. I pray Lloyd Doggett becomes Chair of the Ways and Means Committee in January when Democrats take control of the US House of Representatives.

    1. Karen Goebel

      Yes $200 (what I see is $100 so not sure where the $200 comes from) extra would be nice, BUT I worked and earned the right to get much more!! At retirement, my SS benefit was calculated at 1/3 of my earned SS benefit. Very sad for retired educators who continue to see their health care premiums increase with very little hope of seeing a cost of living increase anytime in next 30 years. The dream would be for the elimination of WEP and resumption of total amount due per month/per retiree beginning immediately. (no retroactive amount expected) However, dreams are just that -dreams. Call me a pessimist, but at 70, I do not look for this proposed new law to help me any. Seems like this is more lip service than true service from our state and national representatives. PLEASE, prove me wrong!

  4. Russ Stovall

    I worked two jobs at times while I was teaching, plus jobs while in high school and college. We need to abolish WEP. I and many others worked our 40 quarters just like anyone else and deserve to have the same benefits as those that didn’t teach. I know retired judges that collect from 3 different entities with no penalties. Please get this passed.

  5. Donna

    THANK YOU Congressman Brady and Richard Neal for keeping the WEP alive! I retired in 2002. After teaching for 32 years I was “shocked” to find out that my 10 years/40 quarters I put into Social Security (above my teaching pension) would not be credited to me.
    I have written every House of Representative a personal letter asking for their support in voting FOR WEP & GPO. I received replies from Representatives – John Carter, Will Hurd, Michael T. McCaul, Lamar Smith, Brian Babin. I truly appreciate their time in responding and their Vote of Yes.
    The “fairness” and “logic” is needed in the Vote for REPEAL of WEP/GPO. But if a formula is all that can be salvaged, that will be appreciated.

  6. Elaine Hutzelman

    Thank you to Rep. Kevin Brady for your interest and dedication to the retired teachers of Texas. Wish more were like you so we could correct this unfair practice of the government. It’s hard to live on the same salary since 2004 with no cost of living. I am 73 and worked up until last month- Sept.2018, so I could live a bit longer without working ful or part time.

    Elaine Hutzelman..Houston

  7. Stephanie M Laplante

    Ted Cruz claims to have submitted a companion to this bill, but his reads verbatim. Is there a difference?

    1. J Tooley

      Yes, Ted Cruz is a senator and introduced the Senate version. He has a strong history of working on a bi-partisan level and is an amazing constitutionalist.

  8. Myke Hunt

    Kevin Brady is the architect behind the pitiful ‘health care’ they touted to replace the ACA. He also wrote the bills giving massive tax breaks to the very wealthy while increasing the deficit exponentially which will eventually destroy what’s left of the middle class. He is no hero and I suspect this is simply political grandstanding to appeal to teachers because he AND Cruz are up for re-election . Watch what they do, not what they say. I don’t trust them to do what’s right for teachers –

  9. BILL


  10. Kathy

    Some of the commenters say that those already affected by WEP will get nothing, but the language seems to be saying that those who would otherwise have a different calculation will begin to receive and additional $100 per month starting on 1/1/2020. There is another provision stating that those that are not elligible will get $50/mo. Does this not imply that there would be a little something ($1,200 per year) for those who were affected? And I don’t understand the $50 for those not elligible. Can anyone explain?

  11. Mike

    Just repeal the WEP and GPO. When I worked in industry no one told me I would get 1/2 of my ss benefit when I retired. When I started working as a teacher, no one told me either.

    1. Barbara Conley

      Exactly, they stole money from us. Those penalized are our teachers, police officers, paid firefighters. The persons who teach us, and keep us safe. Most unfair law ever. So they dems can give our money to illegal immigrants. Repeal and pay back what they kept….repeal repeal repeal.

  12. Randy

    So, what’s the bottom line if this passes? I ‘m reading conflicting opinions here. I taught in Tx. for 30 years and retired in 2007. Have well over 40 quarters in SS at other part time jobs and presently teach in a private school paying into SS. Am I going to still get shafted or will I get close to what a normal social security recipient gets? Anyone enlighten me please. thanks

    1. Monty Exter

      We are working on a more comprehensive post about social security, the WEP, and Brady’s bill. currently we are waiting for the congressman’s staff who are currently focused on the election to have an opening to discuss how certain aspects of the bill work, so that we can accurately report them to you.

      One thing that I can clear up now, If you are currently retired, drawing social security, and subject to the WEP; you will receive an additional $100 per mo (or $1200 per yr) in social security under Chairman Brady’s bill. The $100 per mo would also apply to folks who start drawing SSI before 2026, before the new formula kicks in, and are subject to the WEP.

  13. Al

    Most people in the WEP zone are also penalized under GPO, which is the larger problem. If this is passed it will probably be meaningless to most retirees since the GPO will just eat up any increase. It would be better to just co-sponsor HR 1205 and eliminate the WEP and GPO.

  14. Ruth Robinson

    Thank you so much for sponsoring this bill. I paid into Social Security and Teacher’s Retirement. I am retired. My husband died last year, and I was not able to collect Social Security on him or my own. Please help us. Thank you again!

  15. Pete

    Congressmen Brady and Neal are fighting an up hill battle in passing this bill. It all amounts to a numbers problem. There are only 15 states that are cursed with these unfair laws. That leaves 35 who do not have a vested interest in getting rid of these laws. The congressmen representing these states have bigger fish to fry than concerning themselves with the problems of the effected states. Hopefully these congressmen will be able to persuade the members who do not have a dog in the fight.

  16. Freda Randall

    There are in the group that always pays& thise that never pYv&?always draw so i am in the with the ones that always pay&pay for those that dont pay & always draw so i think if u dont pay u dont draw put them in a different catagory

  17. Herbert Clevenger

    There have been two Social Security Fairness Act bills that have been just setting there this year with no action being taken. Representative Rodney Davis Republican in the House Sponsored H.R. 1205. Currently there are 133 Democratic and 60 Republican Cosponsors that have signed on to this bill. This bill will fail apparently without getting to the floor for a vote. Senator Sherrod Brown Democrat from Ohio sponsored S.915 currently with 22 Democratic and 4 Republican cosponsors. This bill will apparently fail as well without getting to the floor for a vote. Both bills will completely repeal the unfair WEP and GPO that impacts Public retirees. Republicans or Democrats in control it is the same story nothing ever happens. With the windfall elimination provision reducing my Social Security check by more than $400 a month and also reducing my wife’s as well it is making it harder financially to survive. With medical costs exceeding inflation it puts Seniors at risk. What upsets me more is that my wife is impacted by this unfair WEP. She draws on my Social Security all because she lost out on working enough years to qualify. Those years were not wasted, but was invested in caring for her parents during many years of failing health. She draws only $149.00 a month but you would think she could draw half of my full amount. Now U.S. Representative Kevin Brady (R-TX) who chairs the U.S. House Ways and Means Committee, along with Ranking Member Richard Neal (D-MA), has introduced H.R. 6933 to amend Title II of the Social Security Act. Considering the fact, it is another formula that doesn’t completely repeal the unfair Windfall Elimination Provision. For us that are retired now we will see only an extra $100.00 a month. I hope that this bill will be reconsidered with provisions that will help more than that a month. Another fact that is happening is that many public retirees are seeing their COLA promises reduced to nothing. It is way past time for action to be taken in Washington D.C. and that the House and Senate will get a bill through that will be signed by President Trump.

  18. BILL

    t is ridiculous not to mention flat cheating many deserving S.S workers. If this is the proper thing , why was it NOT done in all states. Some get full payment , some get a 60 reduction (explane ) I understand others getting money that have NEVER paid a lick. HOW ABOUT THIS, PAY US USING THE EXACT FORMULA AS EVERYONE ELSE IS USING. THANKS FOR YOUR HELP AND KEEP UP THE GOOD WORK.

  19. Cindy Sikorski

    I, too, am a retired teacher receiving TRS and will soon turn 62. I worked and paid into SS a large part of my life. I’m not sure what my SS will be, but I’ve been told it “might” be $100. Crazy! I plan to start writing my representatives. I encourage everyone to do the same!

  20. Cheryl from Texas

    If you read the reasoning behind the WEP, you can see that the idea behind it is fair. The SS system is designed so that lower economic workers receive a higher percentage of their social security benefits than higher-paid workers. In the past, teachers were receiving a higher percentage of their SS benefits because it looked like they were lower-paid workers–since their teaching benefits were not considered. The WEP was created to make this system fairer. However, the problem that the current legislation is trying to correct is that the formula actually “over-adjusts” and takes out too much of a teacher’s SS benefits. So it is the WEP formula that has to be changed.
    Also, let’s face it. Both Social Security and Medicare are in trouble financially (for all kinds of reasons–demographic changes, globalization, economic downturns, etc.), so you are not ever going to see the WEP or GPO repealed. The best that can be hoped for is that the formula can be changed to be fairer for the generations of teachers to come–with maybe a little help for current retirees.
    Please read the position paper from the Social Security Advisory Board (available on the web) by searching for “The Windfall Elimination Provision It’s Time to Correct the Math” (Oct. 2015). It doesn’t concern the present bill, but it gives a clear explanation of the current problem with the WEP formula.

  21. SCOTT P.

    I have a total of 32 years of SS service, 27 as “substantial”. 10 of those years I was self employed and had to match my SS payments. I will soon be retiring from a school system after 20 years, and yet I maybe, might get 75% of my SS contributions. Better than most, but still being penalized.
    Than you for introducing this bill!

  22. janet leeder

    I am now a widow, cannot get even a penny of my husbands social security all I can get on my own is 200.00 a month, worked 32 years for defense and now I have to loose a lot of income, please get this repealed. I cannot believe the injustice.

  23. Trudy from Texas

    Educators, Law Enforcement, and Firefighters work hard to make the world a better place. Those who actually work a second job to make ends meet are then punished or should I say cheated out of their social security. Most unfair law ever! I earned my 40 quarters by working nights, weekends and summer jobs while teaching for 33 years. I should be eligible for my total SS. I earned it and no it should not be taken away from me. This is just unfair! President Trump please help us !

  24. Lee Bush

    These politicians have been only been pretending to do something about the Windfall Elimination. They are only trying to satisfy their voters in order to get re-elected to office. This Windfall has been going on since 1983 and for the last thireteen years are so, it has been in the spotlight, yet no action has been taken to eliminate it. The congress and Senate have no attentions to move these bills forward, especially with Donald Thrump in office. They fear that he would take all the credit in helping, teachers, police, fire and federal employees. Folks there is a election year coming and there will not action to eliminate windfall. Just your representative pretending to be on your side. We as affected individuals need to come together to put in office individuals that will make the changes needed for all of us to receive from social security what we are owed. Social security needs to be totally independence from congress and Senate. We and our employers paid into Social Security and the government need not have anything to do it. That’s the problem!

  25. Gerald Sanzari

    I completely concur with Lee Bush. His commentary is spot on. Congress must stop playing with our earned money at the expense of the freeloaders who barely paid into SS and are gaming the system. In essence; congress is punishing hard working everyday people who dedicated their lives to public service and have been doing so since 1983. Congress must get this bill done already!, Forward it to the President, He respects public servants and I am confident if given the chance; he would do the right thing and correct this injustice.

  26. Stephen Valenzuela

    I believe what you put into the system is what should be calculated. My father paid 26 years into Social Security with substantial earnings, then he worked for the county for 15 years, which came with a pension. Social Security then said they would apply WEP to my father because he is getting a pension from the county. How is that fair? What does paying into a system for 26 years with substantial earnings have to do with what he did when he started working for the government? They are completely separated, and he should get his calculation base off the years he put into social security with substantial earnings. Anything he did after should not lower his monthly payments and this is exactly what social security did to my father.

    Also, shouldn’t there be an exception for widows and widowers when applying WEP. My mother passed away and she made more in social security than my father. However, because my father worked for the county they applied WEP and he did not receive the full benefits that my mother had.

    Something is seriously wrong here and a change needs to happen to end this injustice.


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