Social Security Fairness Act of 2023

[118th Congress Public Law 273]
[From the U.S. Government Publishing Office]



[[Page 138 STAT. 3232]]

Public Law 118-273
118th Congress

                                 An Act


 
 To amend title II of the Social Security Act to repeal the Government 
  pension offset and windfall elimination provisions. <<NOTE: Jan. 5, 
                          2025 -  [H.R. 82]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Social Security 
Fairness Act of 2023.>> 
SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

     This Act may be cited as the ``Social Security Fairness Act of 
2023''.
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. <<NOTE: 42 USC 402 note.>> EFFECTIVE DATE.

     <<NOTE: Applicability.>> 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 
2023. <<NOTE: Adjustment.>> Notwithstanding section 215(f) of the Social 
Security Act, the Commissioner of Social Security shall adjust primary 
insurance amounts to the extent

[[Page 138 STAT. 3233]]

necessary to take into account the amendments made by section 3.

    Approved January 5, 2025.

LEGISLATIVE HISTORY--H.R. 82:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 170 (2024):
            Nov. 12, considered and passed House.
            Dec. 20, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2025):
            Jan. 5, Presidential remarks.

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