Social Security Fairness Act

Bill: 117-s-1302
Sponsor: full_name: Sen. Brown, Sherrod [D-OH]
Introduced: 2021-04-22
Policy area: Social Welfare
Subjects: Government employee pay, benefits, personnel management

Social security and elderly assistance
Latest action: action_date: 2021-04-22
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2021-04-22
action_desc: Introduced in Senate
text: <p><b>Social Security Fairness Act</b></p> <p>This bill repeals provisions that reduce Social Security benefits for individuals who&nbsp;receive other benefits, such as a pension from a state or local government.</p> <p>The bill eliminates the <em>government pension offset</em>, which in various instances reduces Social Security survivors' benefits for spouses, widows, and widowers who also receive government pensions of their own.</p> <p>The bill also eliminates the <em>windfall elimination provision</em>, which in some instances reduces Social Security benefits for individuals who&nbsp;also receive a pension or disability benefit from an employer that did not withhold Social Security taxes.</p> <p>These changes are effective for benefits payable after December 2021.</p>

tv_txt: II 117th CONGRESS 1st Session S. 1302 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.

1. Short title This Act may be cited as the Social Security Fairness Act . 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) . 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) . 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.