Social Security Fairness Act of 2005

Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) Government pension offset requirements 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 OASDI payments; and (2) windfall elimination requirements with respect to computation of an individual's primary insurance amount.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 619 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 619

 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

                             March 14, 2005

Mrs. Feinstein (for herself, Ms. Collins, Mr. Lautenberg, Mr. Specter, 
    Mrs. Lincoln, Mr. Dodd, Mr. Dayton, and Mr. Nelson of Florida) 
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 
2005''.

SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVISIONS.

    (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) of the Social Security Act (42 U.S.C. 
        402(b)) is amended by striking ``subsections (k)(5) and (q)'' 
        and inserting ``subsection (q)''.
            (2) Section 202(c) of such Act (42 U.S.C. 402(c)) is 
        amended by striking ``subsections (k)(5) and (q)'' and 
        inserting ``subsection (q)''.
            (3) Section 202(e) of such Act (42 U.S.C. 402(e)) is 
        amended by striking ``subsections (k)(5), subsection (q),'' and 
        inserting ``subsection (q)''.
            (4) Section 202(f) of such Act (42 U.S.C. 402(f)) is 
        amended by striking ``subsections (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.--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 2005. 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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