Legislative Spotlight: The Social Security Fairness Act of 2023

The Social Security Fairness Act of 2023 (H.R. 82) was introduced by Rep. Garret Graves (R-LA) and Rep. Abigail Spanberger (D-VA) on January 9, 2023. Its companion bill (S. 597) was introduced by Sen. Sherrod Brown (D-OH) and Sen. Susan Collins (R-ME) on March 1, 2023. NOSSCR has endorsed this bill.

H.R. 82 has 263 cosponsors, 187 of whom are Democrats and 76 of whom are Republicans. S. 597 has 44 cosponsors, 36 of whom are Democrats, 5 of whom are Republicans, and 3 of whom are independents.

This legislation, which has been introduced in previous Congresses, would eliminate the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). GPO reduces Social Security spousal benefits for those who receive retirement benefits from a federal, state, or local government. WEP reduces Social Security benefits for beneficiaries who receive a pension from an organization that did not withhold Social Security taxes from that individual’s paychecks.

If passed, the bill would impact benefits payable after December 2023. In the 117^th Congress, similar legislation advanced out of committee but did not reach the floor for a vote despite garnering the support of more than 300 cosponsors in the House of Representatives.

Bill Details

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.