Social Security Fairness Act of 2015

Social Security Fairness Act of 2015

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the government pension offset requirement applicable to and reducing husband's and wife's insurance benefits, widow's and widower's insurance benefits, and divorced mother's and divorced father's insurance benefits with respect to federal, state, or local government employees who receive a government pension and did not pay Social Security taxes during their years of government service, and so did not earn entitlement to Social Security benefits for those years.

Repeals also the windfall elimination requirement with respect to computation of an individual's primary insurance amount under which OASDI retirement or disability benefits are reduced if the individual receives a federal, state, or local government pension, did not pay Social Security taxes during the years of government service, and so did not earn entitlement to Social Security benefits for those years.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 973 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 973

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2015

Mr. Rodney Davis of Illinois (for himself, Mr. Schiff, Mr. Guthrie, Mr. 
 Grijalva, Mr. Bost, Mr. Farr, Mr. Massie, Ms. Titus, Mrs. Bustos, Mr. 
Cummings, Ms. Frankel of Florida, Mr. Takano, Mr. Young of Alaska, Mr. 
Ryan of Ohio, Ms. Clark of Massachusetts, Mr. McGovern, Mr. Joyce, Mr. 
  Hastings, Ms. Brownley of California, Ms. Tsongas, Mr. Kennedy, Ms. 
  DelBene, Mr. Cartwright, Mr. Lipinski, Mr. Lynch, Mr. Yarmuth, Mr. 
 Lowenthal, Ms. Speier, Mr. Keating, Ms. Fudge, Mr. Hanna, Mrs. Capps, 
   Mr. Hunter, Mr. Lieu of California, Mr. Pallone, Ms. Norton, Mr. 
Langevin, Mr. Garamendi, Mr. Larsen of Washington, Ms. Schakowsky, Mr. 
Courtney, Ms. Pingree, Mr. King of New York, Mr. Sarbanes, Mr. Huffman, 
    Mr. Schock, Mr. Costa, Mr. Wittman, Mr. Sires, Mr. Valadao, Mr. 
    Caardenas, Mr. Sean Patrick Maloney of New York, Mr. Honda, Mr. 
 Sherman, Ms. Linda T. Saanchez of California, Mr. Higgins, Ms. Chu of 
California, Mr. Loebsack, Mr. Swalwell of California, Mr. McNerney, Mr. 
 Ruppersberger, and Mr. Burgess) introduced the following bill; which 
            was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 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 
2015''.

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 2015. 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.
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