Social Security Fairness Act of 2019

#141 | HR Congress #116

Last Action: Referred to the Subcommittee on Social Security. (1/31/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary


This legislation, known as the "Social Security Fairness Act of 2019", aims to amend the Social Security Act by repealing two provisions - the Government Pension Offset and the Windfall Elimination Provision. These provisions impact individuals who receive pensions from jobs not covered by Social Security, such as government employees, and can result in a reduction of their Social Security benefits. The Act also includes conforming amendments to other sections of the Social Security Act to reflect these changes. The repeal of these provisions would take effect after December 2019 and the Commissioner of Social Security would make necessary adjustments to ensure the changes are implemented.

Possible Impacts


1. The repeal of the Government Pension Offset provision could affect people who receive both a government pension and Social Security benefits. As this provision currently reduces the amount of Social Security benefits received by those who also receive a government pension, its repeal could result in an increase in their monthly income.
2. The repeal of the Windfall Elimination Provisions could affect people who have worked both in jobs covered by Social Security and in jobs that were not covered by Social Security, such as certain state and local government employees. This provision currently reduces the Social Security benefits of these individuals, so its repeal could result in an increase in their monthly benefits.
3. The effective date of these amendments, which is after December 2019, could affect people who are currently receiving Social Security benefits. They may see an increase in their monthly benefits if the amendments are applied to them.

[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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