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II
117TH CONGRESS
1ST SESSION
S. 1302
To amend title II of the Social Security Act to repeal the Government
pension offset and windfall elimination provisions.
IN THE SENATE OF THE UNITED STATES
APRIL 22, 2021
Mr. BROWN (for himself, Ms. COLLINS, Ms. MURKOWSKI, Mr. CASSIDY, Ms.
SMITH, Ms. WARREN, Mr. BENNET, Mr. REED, Mr. LEAHY, Mr. CASEY,
Mr. MURPHY, Mrs. MURRAY, Mr. MENENDEZ, Mr. WHITEHOUSE, Ms.
STABENOW, Ms. CORTEZ MASTO, Mr. BLUMENTHAL, Ms. HASSAN, Mr.
MERKLEY, Ms. BALDWIN, Ms. KLOBUCHAR, Mr. VAN HOLLEN, Mr.
BOOKER, and Mr. SANDERS) introduced the following bill; which was read
twice and referred to the Committee on Finance
A BILL
To amend title II of the Social Security Act to repeal the
Government pension offset and windfall elimination pro-
visions.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Social Security Fair-
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ness Act’’.
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•S 1302 IS
SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVI-
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SION.
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(a) IN GENERAL.—Section 202(k) of the Social Secu-
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rity Act (42 U.S.C. 402(k)) is amended by striking para-
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graph (5).
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(b) CONFORMING AMENDMENTS.—
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(1) Section 202(b)(2) of the Social Security Act
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(42 U.S.C. 402(b)(2)) is amended by striking ‘‘sub-
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sections (k)(5) and (q)’’ and inserting ‘‘subsection
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(q)’’.
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(2) Section 202(c)(2) of such Act (42 U.S.C.
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402(c)(2)) is amended by striking ‘‘subsections
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(k)(5) and (q)’’ and inserting ‘‘subsection (q)’’.
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(3) Section 202(e)(2)(A) of such Act (42
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U.S.C. 402(e)(2)(A)) is amended by striking ‘‘sub-
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section (k)(5), subsection (q),’’ and inserting ‘‘sub-
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section (q)’’.
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(4) Section 202(f)(2)(A) of such Act (42 U.S.C.
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402(f)(2)(A)) is amended by striking ‘‘subsection
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(k)(5), subsection (q)’’ and inserting ‘‘subsection
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(q)’’.
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SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS.
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(a) IN GENERAL.—Section 215 of the Social Security
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Act (42 U.S.C. 415) is amended—
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(1) in subsection (a), by striking paragraph (7);
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•S 1302 IS
(2) in subsection (d), by striking paragraph (3);
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and
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(3) in subsection (f), by striking paragraph (9).
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(b) CONFORMING AMENDMENTS.—Subsections (e)(2)
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and (f)(2) of section 202 of such Act (42 U.S.C. 402) are
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each amended by striking ‘‘section 215(f)(5), 215(f)(6),
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or 215(f)(9)(B)’’ in subparagraphs (C) and (D)(i) and in-
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serting ‘‘paragraph (5) or (6) of section 215(f)’’.
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SEC. 4. EFFECTIVE DATE.
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The amendments made by this Act shall apply with
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respect to monthly insurance benefits payable under title
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II of the Social Security Act for months after December
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2021. Notwithstanding section 215(f) of the Social Secu-
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rity Act, the Commissioner of Social Security shall adjust
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primary insurance amounts to the extent necessary to take
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into account the amendments made by section 3.
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Æ
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