Social Security Fairness Act of 2019

Social Security Fairness Act of 2019

This bill repeals provisions that reduce Social Security benefits for individuals who receive other benefits, such as a pension from a state or local government job.

The bill eliminates the government pension offset, which in various instances reduces Social Security survivors' benefits for spouses, widows, and widowers who also receives government pensions of their own.

The bill also eliminates the windfall elimination provision, which in some instances reduces Social Security benefits for individuals who also receive a pension or disability benefit from an employer that did not withhold Social Security taxes.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 141 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 141

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

Mr. Rodney Davis of Illinois (for himself, Mr. Cicilline, Mrs. Dingell, 
 Mr. Lipinski, Mr. Bost, Mr. Kinzinger, Ms. Eshoo, Mr. Price of North 
    Carolina, Mr. Massie, Mr. Larsen of Washington, Ms. Brownley of 
  California, Ms. Pingree, Mr. Garamendi, Mr. Takano, Mr. Sires, Mr. 
 Connolly, Mr. Mullin, Mr. McNerney, Mr. Graves of Louisiana, and Mr. 
Joyce of Ohio) 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 
2019''.

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 2019. 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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