Social Security Fairness Act

The Social Security Fairness Act is a United States law that repealed the Social Security Government Pension Offset and Windfall Elimination Provision. The bill passed the House in November 2024 and then passed the Senate in December. It was signed into law by President Biden on January 5, 2025.

Background

In the United States, Social Security offers government-sponsored Retirement Insurance Benefits to retired individuals that have reached 40 quarters of work, following the Average Indexed Monthly Earnings formula; this is generally applicable to all workers, but there are some exceptions.

Over fears that the system would run out of money in 1983, however,Sylvester J. Schieber and John. B. Shoven, ''The Real Deal'', 1999, p. 190. Congress passed the Social Security Amendments of 1983, which created the Windfall Elimination Provision, which reduced the benefit formula for those with a non-covered pension as well as qualified for social security benefits. Those with uncovered pensions include some government employees, railroad workers, non-profit workers, and teachers, among others.

Provisions

SECTION 1. Short title.

This Act may be cited as the “Social Security Fairness Act of 2023”.

SEC. 2. Repeal of government pension offset provision.

(a) In general.—Section 202(k) of the Social Security Act (42 U.S.C. 402(k)) is amended by striking paragraph (5).

(b) Conforming amendments.—

(1) Section 202(b)(2) of the Social Security Act (42 U.S.C. 402(b)(2)) is amended by striking “subsections (k)(5) and (q)” and inserting “subsection (q)”.

(2) Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is amended by striking “subsections (k)(5) and (q)” and inserting “subsection (q)”.

(3) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking “subsection (k)(5), subsection (q),” and inserting “subsection (q)”.

(4) Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by striking “subsection (k)(5), subsection (q)” and inserting “subsection (q)”.

SEC. 3. Repeal of windfall elimination provisions.

(a) In general.—Section 215 of the Social Security Act (42 U.S.C. 415) is amended—

(1) in subsection (a), by striking paragraph (7);

(2) in subsection (d), by striking paragraph (3); and

(3) in subsection (f), by striking paragraph (9).

(b) Conforming amendments.—Subsections (e)(2) and (f)(2) of section 202 of such Act (42 U.S.C. 402) are each amended by striking “section 215(f)(5), 215(f)(6), or 215(f)(9)(B)” in subparagraphs (C) and (D)(i) and inserting “paragraph (5) or (6) of section 215(f)”.

SEC. 4. Effective date.

The amendments made by this Act shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act for months after December 2023. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3.

Legislative history

The bill was introduced multiple times in various Congresses before its final passage in December 2024.

See also

*List of bills in the 113th United States Congress
* List of bills in the 114th United States Congress
* List of bills in the 115th United States Congress
* List of bills in the 116th United States Congress
* List of bills in the 117th United States Congress

References

External links

H.R. 82: Social Security Fairness Act on GovTrack

S. 1302: Social Security Fairness Act on GovTrack

H.R. 82: Social Security Fairness Act of 2023 at Congress.gov

Proposed legislation of the 117th United States Congress
United States federal welfare and public assistance legislation
Acts of the 118th United States Congress

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