Social Security Fairness Act of 2003

Social Security Fairness Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) pension offset provisions applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to Old-Age and Survivors insurance benefit payments; and (2) windfall elimination provisions with respect to computation of the primary insurance amount of an individual.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 349

 To amend title II of the Social Security Act to repeal the Government 
          pension offset and windfall elimination provisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

Mrs. Feinstein (for herself, Ms. Collins, Ms. Landrieu, Ms. Snowe, Mr. 
     Kennedy, Mr. Allen, Mr. Johnson, Mr. Dayton, and Mr. Bunning) 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Fairness Act of 
2003''.

SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVISIONS.

    (a) Wife's Insurance Benefits.--Section 202(b) of the Social 
Security Act (42 U.S.C. 402(b)) is amended--
            (1) by striking ``and paragraph (4) of this subsection'' in 
        paragraph (2); and
            (2) by striking paragraph (4) and redesignating paragraph 
        (5) as paragraph (4).
    (b) Husband's Insurance Benefits.--Section 202(c) of such Act (42 
U.S.C. 402(c)) is amended--
            (1) by striking paragraph (2) and redesignating paragraphs 
        (3) through (5) as paragraphs (2) through (4), respectively; 
        and
            (2) by striking ``and paragraph (2) of this subsection'' in 
        paragraph (2) as so redesignated.
    (c) Widow's Insurance Benefits.--Section 202(e) of such Act (42 
U.S.C. 402(e)) is amended--
            (1) by striking ``, paragraph (7) of this subsection,'' in 
        paragraph (2)(A); and
            (2) by striking paragraph (7) and redesignating paragraphs 
        (8) and (9) as paragraphs (7) and (8), respectively.
    (d) Widower's Insurance Benefits.--
            (1) In general.--Section 202(f) of such Act (42 U.S.C. 
        402(f)) is amended--
                    (A) by striking paragraph (2) and redesignating 
                paragraphs (3) through (9) as paragraphs (2) through 
                (8), respectively; and
                    (B) by striking ``, paragraph (2) of this 
                subsection,'' in paragraph (2) as so redesignated.
            (2) Conforming amendments.--
                    (A) Section 202(f)(1)(B) of such Act (42 U.S.C. 
                402(f)(1)(B)) is amended by striking ``paragraph (5)'' 
                and inserting ``paragraph (4)''.
                    (B) Section 202(f)(1)(F) of such Act (42 U.S.C. 
                402(f)(1)(F)) is amended by striking ``paragraph (6)'' 
                and ``paragraph (5)'' (in clauses (i) and (ii)) and 
                inserting ``paragraph (5)'' and ``paragraph (4)'', 
                respectively.
                    (C) Section 202(f)(5)(A)(ii) of such Act (as 
                redesignated by paragraph (1)(A) of this subsection) is 
                amended by striking ``paragraph (5)'' and inserting 
                ``paragraph (4)''.
                    (D) Section 202(k)(2)(B) of such Act (42 U.S.C. 
                402(k)(2)(B)) is amended by striking ``or (f)(4)'' each 
                place it appears and inserting ``or (f)(3)''.
                    (E) Section 202(k)(3)(A) of such Act (42 U.S.C. 
                402(k)(3)(A)) is amended by striking ``or (f)(3)'' and 
                inserting ``or (f)(2)''.
                    (F) Section 202(k)(3)(B) of such Act (42 U.S.C. 
                402(k)(3)(B)) is amended by striking ``or (f)(4)'' and 
                inserting ``or (f)(3)''.
                    (G) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 
                426(e)(1)(A)(i)) is amended by striking ``and 
                202(f)(5)'' and inserting ``and 202(f)(4)''.
    (e) Mother's and Father's Insurance Benefits.--Section 202(g) of 
such Act (42 U.S.C. 402(g)) is amended--
            (1) by striking ``Except as provided in paragraph (4) of 
        this subsection, such'' in paragraph (2) and inserting 
        ``Such''; and
            (2) by striking paragraph (4).

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.--Subparagraphs (C) and (D) of section 
202(e)(2) of such Act (42 U.S.C. 402(e)(2)(C), (D)) are each amended by 
striking ``section 215(f)(5), 215(f)(6), or 215(f)(9)(B)'' 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 2003. 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 this Act.
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