H.R. 82House118th Congress (2023-2025)Enacted

Social Security Fairness Act of 2023

Introduced January 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 1:53 AM UTC

The Social Security Fairness Act of 2023 aims to make Social Security benefits more equitable for people who also receive government pensions. It does this by repealing the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). The changes affect retirees, disabled workers, and survivors who are eligible for both Social Security and a government pension.

Key Provisions

  • Repeals the Government Pension Offset provision by removing paragraph (5) of section 202(k) and updates related sections to reflect that change.
  • Repeals the Windfall Elimination Provision by deleting specific paragraphs in section 215 that create reduced benefits for pensioners.
  • Makes conforming amendments to other parts of the Social Security Act to align them with the repeal of GPO and WEP.
  • Sets the effective date for these changes to apply to benefits payable after December 2023 and requires the Social Security Commissioner to adjust benefit amounts as needed.

Legislative Activity

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34 earlier actions
Became Law Latest Action

Became Public Law No: 118-273.

January 5, 2025

View full timeline
HouseIntro Referral

Introduced in House

January 9, 2023

HouseIntro Referral

Referred to the House Committee on Ways and Means.

January 9, 2023

HouseFloor

UNANIMOUS CONSENT REQUEST - The Chair recongized Mr. Good (VA) for a unanimous consent request. Mr. Good (VA) asked unanimous consent that H.R. 82 be laid on the table. Without objection the unanimous consent request was agreed to.

November 5, 2024 • 5:02 PM

HouseFloor

UNANIMOUS CONSENT REQUEST - Mr. Harris asked unanimous consent that the order of the House on November 5, 2024, with respect to H.R. 82 be vacated. Agreed to without objection.

November 12, 2024 • 2:03 PM

HouseFloor

Mr. Smith (MO) moved to suspend the rules and pass the bill.

November 12, 2024 • 4:46 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5925-5931)

November 12, 2024 • 4:46 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 82.

November 12, 2024 • 4:46 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

November 12, 2024 • 5:30 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5944-5945)

November 12, 2024 • 6:32 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 327 - 75, 1 Present (Roll no. 456). (text: CR H5925)

November 12, 2024 • 6:58 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 327 - 75, 1 Present (Roll no. 456). (text: CR H5925)

November 12, 2024 • 6:58 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 12, 2024 • 6:58 PM

SenateIntro Referral

Received in the Senate.

November 19, 2024

SenateCalendars

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

December 10, 2024

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 693.

December 11, 2024

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S6980)

December 12, 2024

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6980)

December 12, 2024

HouseCommittee

Referred to the Subcommittee on Social Security.

December 17, 2024

SenateFloor

Motion to proceed to measure considered in Senate. (CR S7131)

December 18, 2024

SenateFloor

Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 73 - 27. Record Vote Number: 326.

December 18, 2024

SenateFloor

Motion to proceed to measure considered in Senate. (CR S7217)

December 19, 2024

SenateFloor

Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 73 - 23. Record Vote Number: 328.

December 19, 2024

SenateFloor

Measure laid before Senate by motion.

December 19, 2024

SenateFloor

Considered by Senate. (consideration: CR S7285-7287, S7303-7304)

December 20, 2024

SenateFloor

Cloture motion on the measure presented in Senate. (CR S7286)

December 20, 2024

SenateFloor

Motion by Senator Schumer to commit to Senate Committee on Finance with instructions to report back forthwith with the following amendment (SA 3357) made in Senate.

December 20, 2024

SenateFloor

Point of order that the measure violates section 311(a)(3) of the Congressional Budget Act raised in Senate.

December 21, 2024

SenateFloor

Motion to waive all applicable budgetary discipline with respect to the measure agreed to in Senate by Yea-Nay Vote. 66 - 30. Record Vote Number: 337.

December 21, 2024

SenateFloor

Motion by Senator Schumer to commit to Senate Committee on Finance with instructions to report back forthwith with the following amendment (SA 3357) withdrawn in Senate.

December 21, 2024

SenateFloor

Passed Senate, under the order of 12/20/2024, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 76 - 20. Record Vote Number: 338.

December 21, 2024

SenateFloor

Cloture motion on the measure rendered moot in Senate.

December 21, 2024

SenateFloor

Message on Senate action sent to the House.

December 21, 2024

President

Presented to President.

December 27, 2024

Became Law

Signed by President.

January 5, 2025

Became Law

Became Public Law No: 118-273.

January 5, 2025

Floor Debate

21 members

What members said about H.R. 82 on the floor

11 Republicans9 Democrats1 Independent
Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Dec 18, 2024

Madam President, I rise today for the final time as a U.S. Senator with a heart full of gratitude. When I was growing up in Scranton, PA, my mother Ellen Harding Casey would often say to my brothers…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 18, 2024

Mr. President, our country demands much of the Senate Judiciary Committee on which the Presiding Officer serves, and it has been my honor to serve as chair of that committee for the last 4 years. We…

Kyrsten Sinema
Sen. Kyrsten SinemaI-AZ · Dec 18, 2024

Mr. President, I stand here today, closing out my time in Congress, and I am reminded of the gravity of this place, the storied history of the Senate, one in which we are all honored to contribute,…

Jodey C. Arrington
Rep. Jodey C. ArringtonR-TX-19 · Nov 12, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5342) to amend title II of the Social Security Act to replace the windfall elimination provision with a formula equalizing benefits…

John B. Larson
Rep. John B. LarsonD-CT-1 · Nov 12, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I start by acknowledging my good friend and colleague, and I thank him. I think his heart is in the right place. Let me say,…

Show 8 more
John Cornyn
Sen. John CornynR-TX · Dec 12, 2024

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, last week, I spoke about some of President Trump's nominees to unleash American energy…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Dec 18, 2024

Madam President, I rise to congratulate all of my colleagues for passing a piece of legislation that is going to make the whole country happy and a beautiful place. The Senate passed a bill that I…

Garret Graves
Rep. Garret GravesR-LA-6 · Nov 12, 2024

Mr. Speaker, I thank Chairman Smith for yielding me time. Mr. Speaker, I listened to this debate and heard so many things that are simply misunderstandings or maybe just intentionally telling things…

John Hoeven
Sen. John HoevenR-ND · Dec 18, 2024

Madam President, I am going to make some comments in regard to the energy policy for the United States. But, first, I would like to make a couple of comments, starting with commenting in regard to my…

Tom Cotton
Sen. Tom CottonR-AR · Dec 19, 2024

Mr. President, last week, Joe Biden commuted the sentences of nearly 1,500 convicted criminals, including drug dealers, fraudsters, and corrupt public officials. These are not sympathetic figures.…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 19, 2024

Madam President, this morning, thanks to Republicans, we are less than 48 hours away from a Christmas shutdown. Unfortunately, it seems Republicans are in shambles over in the House. But as they try…

Sherrod Brown
Sen. Sherrod BrownD-OH · Dec 18, 2024

Thank you, Senator Cassidy. I thank Senator Cassidy and his incredible staff for the work that they have done with the Cleveland Connection. And I just appreciate so much, as I leave the Senate, the…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Dec 18, 2024

Madam President, we all have State and local governments that have control over their own judicial systems. For example, in my State of Maryland, we have the Maryland Court of Appeals. We have the…

Show 11 more
Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 19, 2024

Madam President, for months now, I have been calling the Senate's attention to the extraordinary people who have served me, this institution, and our Nation so well and for so long in the Republican…

Ted Cruz
Sen. Ted CruzR-TX · Dec 18, 2024

Mr. President, I thank my friend the Senator from West Virginia who is standing here--we are standing here together--with a bipartisan plea to the Senate to act in a reasonable, fiscally responsible…

John B. Larson
Rep. John B. LarsonD-CT-1 · Nov 12, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, first and foremost, I commend Representatives Abigail Spanberger and Garret Graves for their extraordinary work. It is not often…

Rand Paul
Sen. Rand PaulR-KY · Dec 18, 2024

Madam President, reserving the right to object, no one disputes that drones flying in airspace could be a danger, that drones flying over the Super Bowl could be a danger, that drones flying over…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Dec 18, 2024

Mr. President, the National Defense Authorization Act under consideration by the Senate today provides crucial resources to our Armed Forces and our national defense. This year's defense bill invests…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Dec 18, 2024

Madam President, I am going to say a few words, and then others who have supported these bills, such as Senator Cornyn, Senator Hoeven, and Senator Welch, will speak to others as well. The bill that…

Cory A. Booker
Sen. Cory A. BookerD-NJ · Dec 18, 2024

Madam President, so much niceness headed toward this guy--it is killing me over here. (Laughter.) I want to clear the record, and I have a beef to settle with the good Senator from Pennsylvania. I…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Dec 18, 2024

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, in recent weeks, there has been a lot of talk and a lot of optimism about President Trump's…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Dec 18, 2024

Mr. President, I ask unanimous consent that Senator Reed, Senator Schumer, and I be allowed to speak for up to 10 minutes each prior to the scheduled rollcall vote. Mr. President, the Senate will…

Mike Lee
Sen. Mike LeeR-UT · Dec 19, 2024

Mr. President, Congress must address the challenges facing Social Security. Unfortunately, the Social Security Fairness Act fails on all counts and doesn't even come close to living up to its name.…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 12, 2024

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, on January 20, 2021, little girls worldwide watched in awe as the daughter of a mother from…

Bill Text

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Enrolled BillPublication date not provided

One Hundred Eighteenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty-four

H. R. 82

AN ACT

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

1.

Short title

This Act may be cited as the Social Security Fairness Act of 2023.

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).

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).

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 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.