The Social Security Fairness Act is a United States law that repealed the Social Security Government Pension Offset and Windfall Elimination Provision.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 Joe 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.

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status107th CongressSocial Security Fairness Act of 2002September 18, 2002Todd Russell (R-PA)3Died in committeeSocial Security Fairness Act of 2001October 10, 2001Dianne Feinstein (D-CA)14Died in committee108th CongressSocial Security Fairness Act of 2003February 11, 2003Howard McKeon (R-CA)300Died in committeeFebruary 5, 2003Dianne Feinstein (D-CA)30Died in committee109th CongressSocial Security Fairness Act of 2005January 4, 2005Howard McKeon (R-CA)327Died in committeeMarch 14, 2005Dianne Feinstein (D-CA)29Died in committee110th CongressSocial Security Fairness Act of 2007January 4, 2007Howard Berman (D-CA)352Died in committeeJanuary 9, 2007Dianne Feinstein (D-CA)38Died in committee111th CongressSocial Security Fairness Act of 2009January 7, 2009Howard Berman (D-CA)334Died in committeeFebruary 25, 2009Dianne Feinstein (D-CA)31Died in committee112th CongressSocial Security Fairness Act of 2011April 1, 2011Howard McKeon (R-CA)170Died in committeeDecember 16, 2011John Kerry (D-MA)18Died in committee113th CongressSocial Security Fairness Act of 2013April 26, 2013Rodney Davis (R-IL)136Died in committeeMay 8, 2013Mark Begich (D-AK)20Died in committee114th CongressSocial Security Fairness Act of 2015February 13, 2015Rodney Davis (R-IL)159Died in committeeJune 23, 2015Sherrod Brown (D-OH)25Died in committee115th CongressSocial Security Fairness Act of 2017February 21, 2017Rodney Davis (R-IL)195Died in committeeApril 24, 2017Sherrod Brown (D-OH)27Died in committee116th CongressSocial Security Fairness ActJanuary 3, 2019Rodney Davis (R-IL)264Died in committeeSocial Security Fairness Act of 2019February 14, 2019Sherrod Brown (D-OH)38Died in committee117th CongressSocial Security Fairness Act of 2021January 4, 2021Rodney Davis (R-IL)305Died in committeeApril 22, 2021Sherrod Brown (D-OH)42Died in committee118th CongressSocial Security Fairness Act of 2023H.R. 82January 9, 2023Garret Graves (R-LA)323PassedS.597March 1, 2023Sherrod Brown (D-OH)62

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