Title: Social Security Fairness Act
Policy area: Social Welfare

Summary:
Social Security Fairness Act
This bill repeals provisions that reduce Social Security benefits for individuals who receive other benefits, such as a pension from a state or local government.
The bill eliminates the government pension offset, which in various instances reduces Social Security survivors' benefits for spouses, widows, and widowers who also receive government pensions of their own.
The bill also eliminates the windfall elimination provision, which in some instances reduces Social Security benefits for individuals who also receive a pension or disability benefit from an employer that did not withhold Social Security taxes.
These changes are effective for benefits payable after December 2021.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1302 Introduced in Senate (IS)]

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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 provisions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Fairness Act''.

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 2021. 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.
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