Congressman Kevin Brady files WEP replacement bill, version 2.0

U.S. Representative Kevin Brady (R-TX), the ranking member of the U.S. House Ways and Means Committee, has introduced H.R. 3934, the “Equal Treatment of Public Servants Act of 2019,” considered a new and improved version of the Windfall Elimination Provision (WEP) replacement bill he filed during the previous congressional session.

U.S. Rep. Kevin Brady

The new version of the bill keeps many of the same provisions in place as its predecessor. For example, the new Public Servants Fairness formula (PSF) proposed in the bill would increase the overall amount in Social Security checks received by most future retired Texas teachers who would otherwise be subject to the WEP under current law. H.R. 3934 also maintains the previous legislation’s provision granting a $100 per month rebate to current retirees whose Social Security benefits are reduced by the WEP.

The primary change between the new version of the bill and the last is a greatly expanded hold harmless period. Under the new legislation, anyone over the age of 20 but not yet eligible for Social Security before the year 2022 would get the higher of the benefit amount provided by either the old WEP formula or the new PSF formula. For the vast majority of affected retirees, the new formula would produce a higher benefit payment except for a few current or future educators over the age of 20 who could otherwise see a slight reduction under the new formula; for the educators who fall into that relatively small category, Brady’s bill would hold them harmless, ensuring that their benefit will be no less than they would otherwise receive under current law.

H.R. 6933 / H.R. 3934 Comparison Chart

With 18 months left for the current congress to pass the bill, ATPE is hopeful that the time for WEP reform may finally be at hand. Stay tuned to Teach the Vote for updates on this legislation.

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6 thoughts on “Congressman Kevin Brady files WEP replacement bill, version 2.0

  1. Madeleine Myers

    This is good, but still doesn’t address the overall inexplicable unfairness of the WEP in the first place. Those of us who worked in the private sector and thereby earned full benefits had those benefits virtually confiscated by the government. Then we have to stand by and see social security benefits gifted to illegal immigrants who did nothing to earn them.

    The only really fair way to address this is to make benefits retroactive, and restore them in full at least for those who earned them and were denied when they retired and claimed SS benefits.

    1. BC

      First, Rep Brady, thank you for your endless efforts in our behalf. I don’t know of anyone else who is pressing for WEP repeal like Representative Kevin Brady is.
      Ms. Meyers, I can’t agree with you more. What would make this whole scam more right is to question the unfairness for those of us who worked in private industry and came over to public education, depending on when you were hired, it was not always a requirement that the hiring district inform applicants about the WEP and its workings. Many of us were hired without being informed about WEP before signing on. I believe it was 2005 when it became law that applicants be advised about employment in a job that is not covered by Social Security. Where you hired before 2005? This is fraud to those of us who were hired before then.


        H.R. 141 and S 521 both named Social Security Fairness Act have been introduced and moved to the House Subcommittee of Social Security from the Ways and Means Committee, and to the Senate Finance committee. Both bills would repeal the Government Pension Offset which reduces or wipes out Social Security Benefits to spouses who were teachers, police officers, and other state and local government employees. The Windfall Elimination program would also be repealed which reduces the Social Security benefit for people who changed careers and became teachers, police officers, and other state and local government employees.

  2. Pam Brauer

    I’m a teacher in Missouri…subjected to WEP & GPO. Do you really support Brady’s HR 3934 ??? What is Richard Neal’s proposal ? I thought the old HR 711 was going to give us $200 per month more. HR 3934 is only $100 per month. I’m praying that CHAIRMAN NEAL’S HR…..will be better….even though…..Rodney Davis HR 141 and Sherrod Brown S 521 would TOTALLY REPEAL BOTH….WEP & GOVERNMENT PENSION OFFSET !!!

  3. Madeleine Myers

    To BC. I was hired by the school district in 1984 after working in the private sector enough years to receive the 40 credits entitling me to full benefits. I learned about the GPO and WEP a few years before I was eligible to retire, and I could not imagine that such unfair measures would remain in place as long as they have. As a recently retired friend of mine remarked recently, (we both receive less than $100 after Medicare deductions, “It makes my blood boil that the illegal aliens are given social security and medical benefits and we are denied what we earned.” I have lost count of the number of letters I’ve written to representatives about the unfairness of both GPO and WEP. With our TRS pensions having stagnated for over 15 years, I believe we might have been better off not having worked a day in our lives–at least we would get spousal benefits, which are also unfairly denied to us.

  4. ELaine Hutzelman

    I agree with all the above comments about the unfairness of these two programs. However, Kevin Brady of TX is the only one who keeps pursuing it, so I thank him for that and have told him so. He is no longer on the committee that was directly working on a solution, but he is still hammering away on behalf of retired teachers and the treatment by Social Security. I retired in TX as of 2004, so have had no raise or COLA like the rest of you since then. I know how hard it is trying to live on income that was fairly suitable for 15 years ago, but we are now 2019 and we all know the cost of living and medical costs have skyrocketed during those years. I was told that this dates back to President Reagan, who discovered that those young men retiring from the military,after putting in their years from age 19 or so, were about 40 when retiring and still quite capable of being employed for many more years. This is when the term double dipping came about so it is said, as they would have their military retirement and if their next job were in the public sector, they would be earning more income and contributing to SS…both govt. entities, but you all probably already know about this. If it weren’t for Congressman Brady, no progress would be made on this issue as I believe it affects only about a dozen states and if a Congress member doesn’t have this policy in his or her state, it’s hard to get them interested I presume. Both the WEP and the GPO are egregious policies against particular groups of people. I believe that in TX, the police are affected by this as well. Good reason to have to have worked over 20 years at a second job on the weekends in order to pay for car repairs or a new car loan. I am now 74 and am forced to retire due to a mobility disability or I would still be working if my body could take any more abuse than it already has.Hopefully we will see some action before we leave this world….. for those of us older. We are in the boat together, but it’s barely staying afloat.


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