Social Security Fairness Act

The Social Security Fairness Act is a United States law that repealed the Social Security Government Pension Offset and Windfall Elimination Provision. The bill passed the House in November 2024 and then passed the Senate in December. It was signed into law by President Joe Biden on January 5, 2025.

Background

In the United States, Social Security offers government-sponsored Retirement Insurance Benefits to retired individuals that have reached 40 quarters of work, following the Average Indexed Monthly Earnings formula; this is generally applicable to all workers, but there are some exceptions.
Over fears that the system would run out of money in 1983, however, Congress passed the Social Security Amendments of 1983, which created the Windfall Elimination Provision, which reduced the benefit formula for those with a non-covered pension as well as qualified for social security benefits. Those with uncovered pensions include some government employees, railroad workers, non-profit workers, and teachers, among others.

Provisions

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.
In general.—Section 202 of the Social Security Act is amended by striking paragraph.
Conforming amendments.—
Section 202 of the Social Security Act ) is amended by striking “subsections and ” and inserting “subsection ”.
Section 202 of such Act ) is amended by striking “subsections and ” and inserting “subsection ”.
Section 202 of such Act ) is amended by striking “subsection, subsection,” and inserting “subsection ”.
Section 202 of such Act ) is amended by striking “subsection, subsection ” and inserting “subsection ”.
SEC. 3. Repeal of windfall elimination provisions.
In general.—Section 215 of the Social Security Act is amended—
in subsection, by striking paragraph ;
in subsection, by striking paragraph ; and
in subsection, by striking paragraph.
Conforming amendments.—Subsections and of section 202 of such Act are each amended by striking “section 215, 215, or 215” in subparagraphs and and inserting “paragraph or of section 215”.
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 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.

Legislative history

The bill was introduced multiple times in various Congresses before its final passage in December 2024.

Congress	Short title	Bill number	Date introduced	Sponsor	# of cosponsors	Latest status
107th Congress	Social Security Fairness Act of 2002		September 18, 2002	Todd Russell	3	Died in committee
107th Congress	Social Security Fairness Act of 2001		October 10, 2001	Dianne Feinstein	14	Died in committee
108th Congress	Social Security Fairness Act of 2003		February 11, 2003	Howard McKeon	300	Died in committee
108th Congress	Social Security Fairness Act of 2003		February 5, 2003	Dianne Feinstein	30	Died in committee
109th Congress	Social Security Fairness Act of 2005		January 4, 2005	Howard McKeon	327	Died in committee
109th Congress	Social Security Fairness Act of 2005		March 14, 2005	Dianne Feinstein	29	Died in committee
110th Congress	Social Security Fairness Act of 2007		January 4, 2007	Howard Berman	352	Died in committee
110th Congress	Social Security Fairness Act of 2007		January 9, 2007	Dianne Feinstein	38	Died in committee
111th Congress	Social Security Fairness Act of 2009		January 7, 2009	Howard Berman	334	Died in committee
111th Congress	Social Security Fairness Act of 2009		February 25, 2009	Dianne Feinstein	31	Died in committee
112th Congress	Social Security Fairness Act of 2011		April 1, 2011	Howard McKeon	170	Died in committee
112th Congress	Social Security Fairness Act of 2011		December 16, 2011	John Kerry	18	Died in committee
113th Congress	Social Security Fairness Act of 2013		April 26, 2013	Rodney Davis	136	Died in committee
113th Congress	Social Security Fairness Act of 2013		May 8, 2013	Mark Begich	20	Died in committee
114th Congress	Social Security Fairness Act of 2015		February 13, 2015	Rodney Davis	159	Died in committee
114th Congress	Social Security Fairness Act of 2015		June 23, 2015	Sherrod Brown	25	Died in committee
115th Congress	Social Security Fairness Act of 2017		February 21, 2017	Rodney Davis	195	Died in committee
115th Congress	Social Security Fairness Act of 2017		April 24, 2017	Sherrod Brown	27	Died in committee
116th Congress	Social Security Fairness Act		January 3, 2019	Rodney Davis	264	Died in committee
116th Congress	Social Security Fairness Act of 2019		February 14, 2019	Sherrod Brown	38	Died in committee
117th Congress	Social Security Fairness Act of 2021		January 4, 2021	Rodney Davis	305	Died in committee
117th Congress	Social Security Fairness Act of 2021		April 22, 2021	Sherrod Brown	42	Died in committee
118th Congress	Social Security Fairness Act of 2023		January 9, 2023	Garret Graves	323	Passed
118th Congress	Social Security Fairness Act of 2023		March 1, 2023	Sherrod Brown	62