S.Amdt. 3335

SA 3335. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill H.R. 82, to amend title II of the Social Security
Act to repeal the Government pension offset and windfall elimination
provisions; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Social Security Fairness Act
of 2024''.

SEC. 2. ELIMINATING APPLICATION OF GOVERNMENT PENSION OFFSET
AND WINDFALL ELIMINATION PROVISION FOR FEDERAL
EMPLOYEES AND STATE AND LOCAL GOVERNMENT
EMPLOYEES IN STATES THAT AGREE TO EXTEND SOCIAL
SECURITY COVERAGE TO SUCH EMPLOYEES.

(a) Government Pension Offset.--Section 202(k)(5) of the
Social Security Act (42 U.S.C. 402(k)(5)) is amended by
adding at the end the following new subparagraphs:
``(D)(i) For purposes of subparagraph (A), in the case of
an individual who receives a monthly periodic benefit which
is based upon such individual's earnings while in the service
of any State or political subdivision thereof, no reduction
of a monthly insurance benefit under such subparagraph shall
apply for any month beginning after the date of enactment of
this subparagraph if, for such month, such State satisfies
the conditions described in clause (ii).
``(ii)(I) The conditions described in this clause with
respect to a State for any month are that an agreement has
been entered into between the Commissioner of Social Security
and such State to extend the insurance system established by
this title to services performed by individuals as employees
of such State or any political subdivision thereof such that,
pursuant to such agreement, all such employees who, as of the
effective date of such agreement, have not attained age 52
(or, in the case of employees in a position that is subject
to a mandatory retirement age that is lower than age 62, have
not attained the age that is 10 years less than such
mandatory retirement age) shall be covered by the insurance
system established by this title.
``(II) The requirements of section 218 shall apply to an
agreement described in subclause (I).
``(iii) In the case of any individual who received periodic
benefits under a retirement system before the date of
enactment of this subparagraph, clause (i) shall apply with
respect to any monthly insurance benefit of such individual
for any month beginning after the date of enactment of this
subparagraph in which the State that established such
retirement system satisfies the conditions described in
clause (ii).
``(iv) For purposes of this subparagraph, the term
`political subdivision' has the same meaning given such term
under section 218(b)(2).
``(E)(i) For purposes of subparagraph (A), in the case of
an individual who receives a monthly periodic benefit which
is based upon such individual's earnings while in the service
of the Federal Government, no reduction of a monthly
insurance benefit under such subparagraph shall apply for any
month beginning on or after the date specified in clause
(iii).
``(ii) In the case of any individual who, before the date
specified in clause (iii), received a monthly periodic
benefit which is based upon such individual's earnings while
in the service of the Federal Government, clause (i) shall
apply with respect to any monthly insurance benefit of such
individual for any month beginning on or after such date.
``(iii) The date specified in this clause is the first day
of the first month as of which, in every State, the service
of at least 50 percent of all employees of the State or any
political subdivision thereof constitutes `employment' as
defined in section 210.''.
(b) Windfall Elimination Provision.--Section 215 of the
Social Security Act (42 U.S.C. 415) is amended by adding at
the end the following new subsection:

``Nonapplication of Windfall Elimination Provision for Federal
Employees and State and Local Government Employees in States That Agree
to Extend Social Security Coverage to Such Employees

``(j)(1)(A) For purposes of subsection (a)(7) or (d)(3), in
the case of an individual who receives a monthly periodic
payment for any month beginning on or after the date of
enactment of this subsection which is based upon such
individual's earnings while in the service of any State or
political subdivision thereof (as defined in section
218(b)(2)), no computation or recomputation of the primary
insurance amount of such individual under such subsection
shall apply if, for such month, such State satisfies the
conditions described in section 202(k)(5)(D)(ii).
``(B) In the case of any individual who received periodic
payments under a retirement system (as defined in section
218(b)(4)) before the date of enactment of this subsection,
the primary insurance amount of such individual shall be
recomputed without regard to subsection (a)(7) or (d)(3),
effective with the first month beginning after the date of
enactment of this subsection in which the State that
established such retirement system satisfies the conditions
described in section 202(k)(5)(D)(ii).
``(2)(A) For purposes of subsection (a)(7) or (d)(3), in
the case of an individual who receives a monthly periodic
payment for any month beginning on or after the date of
enactment of this subsection which is based upon such
individual's earnings while in the service of the Federal
Government, no computation or recomputation of the primary
insurance amount of such individual under such subsection
shall apply for any month beginning on or after the date
specified in section 205(k)(5)(E)(iii).
``(B) In the case of any individual who, before the date
specified in section 205(k)(5)(E)(iii), received a monthly
periodic payment which is based upon such individual's
earnings while in the service of the Federal Government, the
primary insurance amount of such individual shall be
recomputed without regard to subsection (a)(7) or (d)(3),
effective with the first month beginning on or after such
date.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect

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to monthly insurance benefits payable under title II of the
Social Security Act for months beginning after December 31,
2024.
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