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| Long title | To amend title II of theSocial Security Act to repeal the Government pension offset and windfall elimination provisions. |
|---|---|
| Announced in | the118th United States Congress |
| Number of co-sponsors | 323 |
| Citations | |
| Public law | Pub. L. 118–273 (text)(PDF) |
| 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 | |
TheSocial Security Fairness Act is aUnited States law that repealed theSocial Security Government Pension Offset andWindfall Elimination Provision.[1] The bill passed theHouse in November 2024 and then passed theSenate in December.[2] It was signed into law by PresidentJoe Biden on January 5, 2025.[3]
In the United States,Social Security offers government-sponsoredRetirement Insurance Benefits to retired individuals that have reached 40 quarters of work, following theAverage Indexed Monthly Earnings formula; this is generally applicable to all workers, but there are some exceptions.[4]
Over fears that the system would run out of money in 1983, however,[5] Congress passed theSocial Security Amendments of 1983, which created theWindfall 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,[4] and teachers, among others.[2]
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.
The bill was introduced multiple times in various Congresses before its final passage in December 2024.
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 107th Congress | Social Security Fairness Act of 2002 | H.R. 1464 | September 18, 2002 | Todd Russell | 3 | Died in committee |
| Social Security Fairness Act of 2001 | S. 5404 | October 10, 2001 | Dianne Feinstein | 14 | Died in committee | |
| 108th Congress | Social Security Fairness Act of 2003 | H.R. 147 | February 11, 2003 | Howard McKeon (R-CA) | 300 | Died in committee |
| S. 619 | February 5, 2003 | Dianne Feinstein (D-CA) | 30 | Died in committee | ||
| 109th Congress | Social Security Fairness Act of 2005 | H.R. 147 | January 4, 2005 | Howard McKeon (R-CA) | 327 | Died in committee |
| S. 619 | March 14, 2005 | Dianne Feinstein (D-CA) | 29 | Died in committee | ||
| 110th Congress | Social Security Fairness Act of 2007 | H.R. 82 | January 4, 2007 | Howard Berman (D-CA) | 352 | Died in committee |
| S. 206 | January 9, 2007 | Dianne Feinstein (D-CA) | 38 | Died in committee | ||
| 111th Congress | Social Security Fairness Act of 2009 | H.R. 1332 | January 7, 2009 | Howard Berman (D-CA) | 334 | Died in committee |
| S. 2010 | February 25, 2009 | Dianne Feinstein (D-CA) | 31 | Died in committee | ||
| 112th Congress | Social Security Fairness Act of 2011 | H.R. 1332 | April 1, 2011 | Howard McKeon (R-CA) | 170 | Died in committee |
| S. 2010 | December 16, 2011 | John Kerry (D-MA) | 18 | Died in committee | ||
| 113th Congress | Social Security Fairness Act of 2013 | H.R. 1795 | April 26, 2013 | Rodney Davis (R-IL) | 136 | Died in committee |
| S. 896 | May 8, 2013 | Mark Begich (D-AK) | 20 | Died in committee | ||
| 114th Congress | Social Security Fairness Act of 2015 | H.R. 973 | February 13, 2015 | Rodney Davis (R-IL) | 159 | Died in committee |
| S. 1651 | June 23, 2015 | Sherrod Brown (D-OH) | 25 | Died in committee | ||
| 115th Congress | Social Security Fairness Act of 2017 | H.R. 1205 | February 21, 2017 | Rodney Davis (R-IL) | 195 | Died in committee |
| S. 915 | April 24, 2017 | Sherrod Brown (D-OH) | 27 | Died in committee | ||
| 116th Congress | Social Security Fairness Act | H.R. 141 | January 3, 2019 | Rodney Davis (R-IL) | 264 | Died in committee |
| Social Security Fairness Act of 2019 | S. 560 | February 14, 2019 | Sherrod Brown (D-OH) | 38 | Died in committee | |
| 117th Congress | Social Security Fairness Act of 2021 | H.R. 82 | January 4, 2021 | Rodney Davis (R-IL) | 305 | Died in committee |
| S. 1302 | April 22, 2021 | Sherrod Brown (D-OH) | 42 | Died in committee | ||
| 118th Congress | Social Security Fairness Act of 2023 | H.R. 82 | January 9, 2023 | Garret Graves (R-LA) | 323 | Passed |
| S.597 | March 1, 2023 | Sherrod Brown (D-OH) | 62 |
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