H. R.
82
One Hundred Eighteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
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 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 subpara-
graphs (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 2023. Notwithstanding
section 215(f) of the Social Security Act, the Commissioner of Social
Security shall adjust primary insurance amounts to the extent
H. R. 82—2
necessary to take into account the amendments made by section
3.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
