What This Bill Does
This bill removes two rules from Social Security law called the Government Pension Offset and the Windfall Elimination Provision. These rules currently reduce Social Security benefits for certain people. The bill would eliminate these benefit reductions.
Who It Affects
People who receive Social Security benefits and are also eligible for government pensions. The Social Security Commissioner would need to recalculate benefits.
Key Provisions
- The Government Pension Offset provision is removed from Social Security law (Sec. 2)
- The Windfall Elimination Provision is removed from Social Security law (Sec. 3)
- The Social Security Commissioner must adjust primary insurance amounts (the base amount used to calculate benefits) to account for these changes (Sec. 4)
What Changes
If this bill passes, Social Security benefits would no longer be reduced by the Government Pension Offset or Windfall Elimination rules. People currently affected by these rules would receive higher monthly Social Security payments. All changes would apply to monthly benefits paid after December 2023.
Important Definitions
Primary insurance amounts: The base monthly benefit amount calculated for a Social Security beneficiary before any reductions are applied.
Effective Date
The changes apply to monthly Social Security benefits paid after December 2023.
II
118TH CONGRESS
1ST SESSION
S. 597
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
MARCH 1, 2023
Mr. BROWN (for himself, Ms. COLLINS, Ms. BALDWIN, Mr. BLUMENTHAL,
Mr. BOOKER, Mr. CASEY, Mr. CASSIDY, Ms. CORTEZ MASTO, Ms.
DUCKWORTH, Ms. HASSAN, Ms. HIRONO, Mr. HICKENLOOPER, Mr.
KING, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Ms.
MURKOWSKI, Mr. PADILLA, Mr. REED, Mr. SANDERS, Ms. SMITH, Ms.
WARREN, and Mr. WHITEHOUSE) 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-
4
ness Act’’.
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•S 597 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
20
(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
23
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 597 IS
(2) in subsection (d), by striking paragraph (3);
1
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),
6
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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2023. 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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