H.R. 82 - Social Security Fairness Act of 2023

The “Social Security Fairness Act of 2023,” designated as H.R. 82 in the 118th Congress, was introduced on January 9, 2023, by Mr. Graves of Louisiana and co-sponsored by several other representatives. This bill aims to make significant changes to the Social Security system by addressing two key provisions: the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). Here’s a detailed breakdown of the bill’s provisions:

Section 1: Short Title

  • The bill is titled the “Social Security Fairness Act of 2023.”

Section 2: Repeal of Government Pension Offset (GPO) Provision

  • Subsection (a) of this section proposes an amendment to Section 202(k) of the Social Security Act (42 U.S.C. 402(k)). Specifically, it seeks to strike paragraph (5) from this section, effectively eliminating the GPO provision. The GPO provision currently reduces Social Security spousal or survivor benefits for individuals who receive government pensions based on work not covered by Social Security.

  • Subsection (b) of this section includes conforming amendments. These adjustments are necessary to update references to subsections (k)(5) and (q) in various sections of the Social Security Act. The changes ensure that after the repeal of the GPO provision, references will only point to subsection (q).

Section 3: Repeal of Windfall Elimination Provision (WEP)

  • Subsection (a) of this section proposes amendments to Section 215 of the Social Security Act (42 U.S.C. 415), which deals with the Windfall Elimination Provision (WEP). The proposed changes include:

    1. Striking paragraph (7) in subsection (a).
    2. Striking paragraph (3) in subsection (d).
    3. Striking paragraph (9) in subsection (f).

  • Subsection (b) of this section includes conforming amendments. These adjustments are aimed at updating references to specific sections of the Social Security Act within subsections (e)(2) and (f)(2) of Section 202. These references are related to primary insurance amounts.

Section 4: Effective Date

  • The effective date of the amendments made by this Act is specified. These changes will apply to monthly insurance benefits payable under Title II of the Social Security Act for months starting from December 2023.

  • Additionally, the section instructs the Commissioner of Social Security to make necessary adjustments to primary insurance amounts to accommodate the amendments made in Section 3.

In summary, H.R. 82, the “Social Security Fairness Act of 2023,” is a proposed legislation seeking to repeal the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP) within the Social Security Act. These provisions have significant implications for individuals who receive government pensions and Social Security benefits. The bill’s status and any subsequent developments can be monitored through the official website of the U.S. Congress or reputable news sources for the most up-to-date information.