What This Bill Does
This bill removes two rules from Social Security that reduced benefits for certain people. The bill repeals the Government Pension Offset provision and the Windfall Elimination Provision, both of which previously decreased Social Security payments for some beneficiaries (people receiving benefits).
Who It Affects
People who receive Social Security benefits and also receive pensions from government employment are directly affected by this law.
Key Provisions
• The Government Pension Offset provision is removed from Social Security law (Sec. 2(a))
• The Windfall Elimination Provisions are removed from Social Security law (Sec. 3(a))
• The Commissioner of Social Security must adjust primary insurance amounts (the base amount used to calculate benefits) as needed to account for the removal of the Windfall Elimination Provision (Sec. 4)
What Changes
The two provisions that previously reduced Social Security benefits no longer apply. People who were affected by these offsets will see changes to their benefit calculations going forward.
Important Definitions
None defined in bill text.
Effective Date
The changes apply to monthly Social Security benefits paid for months after December 2023.
[118th Congress Public Law 273]
[From the U.S. Government Publishing Office] [[Page 138 STAT. 3232]] Public Law 118-273
118th Congress An Act To amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions. <<NOTE: Jan. 5, 2025 - [H.R. 82]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Social Security Fairness Act of 2023.>> SECTION 1. <<NOTE: 42 USC 1305 note.>> 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. <<NOTE: 42 USC 402 note.>> EFFECTIVE DATE. <<NOTE: Applicability.>> 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. <<NOTE: Adjustment.>> Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall adjust primary insurance amounts to the extent [[Page 138 STAT. 3233]] necessary to take into account the amendments made by section 3. Approved January 5, 2025. LEGISLATIVE HISTORY--H.R. 82:
--------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 170 (2024): Nov. 12, considered and passed House. Dec. 20, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2025): Jan. 5, Presidential remarks. <all>