Social Security Fairness Act

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Social Security Fairness Act
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Long titleTo amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions.
Announced inthe 118th United States Congress
Number of co-sponsors323
Citations
Public law118-273
Codification
Acts amended Social Security Act
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections amended 42 U.S.C. ch. 7,subch. II § 402 et seq.
42 U.S.C. ch. 7,subch. II § 415 et seq.
Legislative history

The Social Security Fairness Act is a United States law that repealed the Social Security Government Pension Offset and Windfall Elimination Provision. [1] The bill passed the House in November 2024 and then passed the Senate in December. [2] It was signed into law by President Biden on January 5, 2025. [3]

Contents

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. [4]

Indeed, over fears that the system would run out of money in 1983, however, [5] Congress passed the Social Security Amendments of 1983, which created the Windfall Elimination Provision, which reduces 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, [4] and teachers, among others. [2]

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.

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status
107th Congress Social Security Fairness Act of 2002 H.R. 1464 September 18, 2002 Todd Russell

(R-PA)

3Died in committee
Social Security Fairness Act of 2001 S. 5404 October 10, 2001 Dianne Feinstein

(D-CA)

14Died in committee
108th Congress Social Security Fairness Act of 2003 H.R. 147 February 11, 2003 Howard McKeon

(R-CA)

300Died in committee
S. 619 February 5, 2003 Dianne Feinstein

(D-CA)

30Died in committee
109th Congress Social Security Fairness Act of 2005 H.R. 147 January 4, 2005 Howard McKeon

(R-CA)

327Died in committee
S. 619 March 14, 2005 Dianne Feinstein

(D-CA)

29Died in committee
110th Congress Social Security Fairness Act of 2007 H.R. 82 January 4, 2007 Howard Berman

(D-CA)

352Died in committee
S. 206 January 9, 2007 Dianne Feinstein

(D-CA)

38Died in committee
111th Congress Social Security Fairness Act of 2009 H.R. 1332 January 7, 2009 Howard Berman

(D-CA)

334Died in committee
S. 2010 February 25, 2009 Dianne Feinstein

(D-CA)

31Died in committee
112th Congress Social Security Fairness Act of 2011 H.R. 1332 April 1, 2011 Howard McKeon

(R-CA)

170Died in committee
S. 2010 December 16, 2011 John Kerry

(D-MA)

18Died in committee
113th Congress Social Security Fairness Act of 2013 H.R. 1795 April 26, 2013 Rodney Davis

(R-IL)

136Died in committee
S. 896 May 8, 2013 Mark Begich

(D-AK)

20Died in committee
114th Congress Social Security Fairness Act of 2015 H.R. 973 February 13, 2015 Rodney Davis

(R-IL)

159Died in committee
S. 1651 June 23, 2015 Sherrod Brown

(D-OH)

25Died in committee
115th Congress Social Security Fairness Act of 2017 H.R. 1205 February 21, 2017 Rodney Davis

(R-IL)

195Died in committee
S. 915 April 24, 2017 Sherrod Brown

(D-OH)

27Died in committee
116th Congress Social Security Fairness Act H.R. 141 January 3, 2019 Rodney Davis

(R-IL)

264Died in committee
Social Security Fairness Act of 2019 S. 560 February 14, 2019 Sherrod Brown

(D-OH)

38Died in committee
117th Congress Social Security Fairness Act of 2021 H.R. 82 January 4, 2021 Rodney Davis

(R-IL)

305Died in committee
S. 1302 April 22, 2021 Sherrod Brown

(D-OH)

42Died in committee
118th Congress Social Security Fairness Act of 2023 H.R. 82 January 9, 2023 Garret Graves

(R-LA)

323Passed
S.597 March 1, 2023 Sherrod Brown

(D-OH)

62

See also

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References

  1. Konish, Lorie (2021-10-26). "Congress has a new plan to fix Social Security. How it would change benefits". CNBC. Retrieved 2021-11-15.
  2. 1 2 Miller, Maya C. (December 21, 2024). "Congress Approves Full Social Security Benefits for Public Sector Retirees". The New York Times. Retrieved December 21, 2024.
  3. Suter, Tara (January 5, 2025). "Biden signs Social Security bill, says American retirees deserve 'economic security and dignity'". The Hill. Retrieved January 6, 2025.
  4. 1 2 Li, Zhe (October 22, 2019). Social Security: The Windfall Elimination Provision (WEP) (Report). Congressional Research Service. Retrieved 2024-12-21.{{cite report}}: CS1 maint: url-status (link)
  5. Sylvester J. Schieber and John. B. Shoven, The Real Deal, 1999, p. 190.

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