Betsy Rosecan, NOSSCR Government Relations Director

Proving that anything can happen in a lame duck session of Congress, Sen. Chuck Schumer (D-NY) announced last week that the Senate would hold a vote on H.R. 82, the Social Security Fairness Act, before the end of the year.

H.R. 82 seeks to eliminate the government pension offset (GPO) and windfall elimination provision (WEP), which reduce Social Security benefits for those who receive other pensions from state or local governments.

November’s “Legislative Spotlight” described the unorthodox way H.R. 82 was passed in the House. After passing in that chamber by a vote of 327 to 75, the bill was sent to the Senate, where its future was uncertain. However, after Schumer’s announcement that a vote would be held on the legislation, the Senate cleared a key procedural hurdle on December 18, 2024. The Senate voted 73 to 27 to invoke cloture on the bill, thereby limiting debate on the measure. On Thursday, December 19, 2024, the Senate voted 73 to 23 on a motion to proceed that would allow for a vote on final passage of the bill. As of the time of publication, the vote on final passage had not occurred.

If the Senate passes the bill, it will be sent to the White House for the President’s signature and then become law.

Bill Details

SECTION 1. 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. 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 2023. 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.

Passed the House of Representatives November 12, 2024.