Social Security Fairness Act of 2023
Latest action · Jan 5, 2025 Became Public Law No: 118-273.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 9, 2023
- Passed HouseNov 12, 2024
- Passed SenateDec 21, 2024
- To the PresidentDec 27, 2024
- Became lawJan 5, 2025Public Law 118-273
Summary
Social Security Fairness Act of 2023
This act repeals provisions that reduce Social Security benefits for individuals who receive other benefits, such as a pension from a state or local government.
The act eliminates the government pension offset, which in various instances reduces Social Security benefits for spouses, widows, and widowers who also receive government pensions of their own.
The act also eliminates the windfall elimination provision, which in some instances reduces Social Security benefits for individuals who also receive a pension or disability benefit from an employer that did not withhold Social Security taxes.
These changes are effective for benefits payable after December 2023.
Recorded votes 5
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| Senate 338 | On Passage of the Bill H.R. 82 | Bill Passed76–20 | Dec 21, 2024 |
| Senate 337 | On the Motion (Motion to Waive All Applicable Budgetary Discipline Re: H.R. 82) | Motion Agreed to66–30 | Dec 20, 2024 |
| Senate 328 | On the Motion to Proceed H.R. 82 | Motion to Proceed Agreed to73–23 | Dec 19, 2024 |
| Senate 326 | On Cloture on the Motion to Proceed H.R. 82 | Cloture on the Motion to Proceed Agreed to73–27 | Dec 18, 2024 |
| House 456 | On Motion to Suspend the Rules and Pass | Passed327–75 | Nov 12, 2024 |
Cosponsors 330
Members who signed on, in the order they did. Signatures ran from Jan 9, 2023 to Oct 29, 2024; 7 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-VA | Abigail Davis Spanberger | Original | Jan 9, 2023 |
| R-KY | James Comer | Original | Jan 9, 2023 |
| D-CA | John Garamendi | Original | Jan 9, 2023 |
| D-CA | Julia Brownley | Original | Jan 9, 2023 |
| R-LA | Julia Letlow | Original | Jan 9, 2023 |
| R-FL | Mario Diaz-Balart | Original | Jan 9, 2023 |
| D-CA | Mark Takano | Original | Jan 9, 2023 |
| R-NJ | Christopher H. Smith | Jan 10, 2023 | |
| R-LA | Clay Higgins | Jan 10, 2023 | |
| R-LA | Mike Johnson | Jan 10, 2023 | |
| D-NC | Alma S. Adams | Jan 12, 2023 | |
| D-CA | Ami Bera | Jan 12, 2023 | |
| R-MN | Brad Finstad | Jan 12, 2023 | |
| D-CA | Brad Sherman | Jan 12, 2023 | |
| D-ME | Chellie Pingree | Jan 12, 2023 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Ways and Means Committee | Referred Jan 9, 2023 |
| Social Security Subcommittee | Referred Dec 17, 2024 |
Actions 34
Everything that happened, newest first.
- Jan 5, 2025Signed by President.
- Jan 5, 2025Became Public Law No: 118-273.
- Dec 27, 2024Presented to President.
- Dec 21, 2024Point of order that the measure violates section 311(a)(3) of the Congressional Budget Act raised in Senate.
- Dec 21, 2024Motion 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.
- Dec 21, 2024Motion 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.
- Dec 21, 2024Passed/agreed to in Senate: 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.
- Dec 21, 2024Cloture motion on the measure rendered moot in Senate.
- Dec 21, 2024Message on Senate action sent to the House.
- Dec 20, 2024Considered by Senate. (consideration: CR S7285-7287, S7303-7304)
- Dec 20, 2024Cloture motion on the measure presented in Senate. (CR S7286)
- Dec 20, 2024Motion 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.
- Dec 19, 2024Motion to proceed to measure considered in Senate. (CR S7217)
- Dec 19, 2024Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 73 - 23. Record Vote Number: 328.
- Dec 19, 2024Measure laid before Senate by motion.
- Dec 18, 2024Motion to proceed to measure considered in Senate. (CR S7131)
- Dec 18, 2024Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 73 - 27. Record Vote Number: 326.
- Dec 17, 2024Referred to the Subcommittee on Social Security.
- Dec 12, 2024Motion to proceed to consideration of measure made in Senate. (CR S6980)
- Dec 12, 2024Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6980)
- Dec 11, 2024Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 693.
- Dec 10, 2024Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Nov 19, 2024Received in the Senate.
- Nov 12, 2024UNANIMOUS 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.
- Nov 12, 2024Mr. Smith (MO) moved to suspend the rules and pass the bill.
- Nov 12, 2024Considered under suspension of the rules. (consideration: CR H5925-5931)
- Nov 12, 2024DEBATE - The House proceeded with forty minutes of debate on H.R. 82.
- Nov 12, 2024At 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.
- Nov 12, 2024Considered as unfinished business. (consideration: CR H5944-5945)
- Nov 12, 2024Passed/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)
- Nov 12, 2024Motion to reconsider laid on the table Agreed to without objection.
- Nov 5, 2024UNANIMOUS 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.
- Jan 9, 2023Introduced in House
- Jan 9, 2023Referred to the House Committee on Ways and Means.
In the Congressional Record 20
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S7248, S7288, S7298–S7306Amendments S7286, S7302, S7303, S7304, S7343, S7344, S7346Motions S7286, S7305Cloture motions S7286Recorded votes S7302, S7303, S7304, S7305Crapo amendment (delay repeal of Government pension offset and windfall elimination provisions until changes are made to offset negative impacts on actuarial balance of Social Security Trust Fund)Cruz amendment (substitute)Paul amendment (adjust normal and early retirement ages for benefits and increase maximum age for delayed retirement credits)Paul amendment (provide for automatic continuing appropriations resolutions) | Alex Padilla D-CA (cloture motion), Bill Cassidy R-LA, Brian Schatz D-HI (cloture motion), Charles E. Schumer D-NY (amendment, cloture motion, motion), Chris Van Hollen D-MD (cloture motion), Christopher A. Coons D-DE (cloture motion), Christopher Murphy D-CT (cloture motion), Chuck Grassley R-IA, Debbie Stabenow D-MI (cloture motion), Gary C. Peters D-MI (cloture motion), Jack Reed D-RI (cloture motion), Jeanne Shaheen D-NH (cloture motion), Jeff Merkley D-OR (amendment), Margaret Wood Hassan D-NH (cloture motion), Mike Crapo R-ID (amendment), Mike Lee R-UT, Patty Murray D-WA (cloture motion), Peter Welch D-VT (cloture motion), Rand Paul R-KY (amendment), Richard J. Durbin D-IL (cloture motion), Robert P. Casey Jr. D-PA (cloture motion), Ron Wyden D-OR, Sheldon Whitehouse D-RI (motion), Susan M. Collins R-ME, Tammy Baldwin D-WI (cloture motion), Ted Cruz R-TX (amendment), Thom Tillis R-NC, Tim Kaine D-VA (cloture motion) | Dec 20, 2024 |
| Senate | Debate and remarks S7187, S7197, S7217Amendments S7243, S7244Recorded votes S7217motion to proceed | Lisa Murkowski R-AK, Mike Lee R-UT, Rand Paul R-KY (amendment) | Dec 19, 2024 |
| Senate | Debate and remarks S7122, S7131, S7135–S7138, S7160–S7162Cloture motions S7137Recorded votes S7137cloture motion on motion to proceed | Alex Padilla D-CA (cloture motion), Bill Cassidy R-LA, Catherine Cortez Masto D-NV (cloture motion), Charles E. Schumer D-NY (cloture motion), Chris Van Hollen D-MD (cloture motion), Christopher A. Coons D-DE (cloture motion), Debbie Stabenow D-MI (cloture motion), Gary C. Peters D-MI (cloture motion), Jack Reed D-RI (cloture motion), Joe Manchin III D-WV, John W. Hickenlooper D-CO (cloture motion), Margaret Wood Hassan D-NH (cloture motion), Martin Heinrich D-NM (cloture motion), Richard Blumenthal D-CT (cloture motion), Richard J. Durbin D-IL (cloture motion), Robert P. Casey Jr. D-PA (cloture motion), Sherrod Brown D-OH, Susan M. Collins R-ME, Tammy Baldwin D-WI (cloture motion), Tammy Duckworth D-IL (cloture motion), Ted Cruz R-TX, Thom Tillis R-NC, Tim Kaine D-VA (cloture motion), Tina Smith D-MN (cloture motion) | Dec 18, 2024 |
| Senate | Amendments S7110, S7111 | Chuck Grassley R-IA (amendment), Joe Manchin III D-WV (amendment), Ted Cruz R-TX (amendment) | Dec 17, 2024 |
| Senate | Debate and remarks S7048Amendments S7060 | Charles E. Schumer D-NY, Mike Crapo R-ID (amendment) | Dec 16, 2024 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Congressional Budget Office cost estimate
- Sep 9, 2024H.R. 82, Social Security Fairness Act of 2023As introduced in the House of Representatives on January 9, 2023
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 7, January 9, 2023, page H109.
Printed hearings 6
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 118-811 | KEEPING THE PROMISE OF SOCIAL SECURITY FOR OHIO'S FIRST RESPONDERS AND PUBLIC SERVANTS427 pages | Finance Committee | Jun 7, 2024 |
| — | WINDFALL ELIMINATION PROVISION AND GOVERNMENT PENSION OFFSET1,227 pages | Ways and Means Committee | Apr 16, 2024 |
| Serial No. 118-81 | MARKUP OF VARIOUS MEASURES265 pages | Foreign Affairs Committee | Feb 6, 2024 |
| — | SOCIAL SECURITY'S DISSERVICE TO PUBLIC SERVANTS: HOW THE WINDFALL ELIMINATION PROVISION AND GOVERNMENT PENSION OFFSET MISTREAT GOVERNMENT WORKERS610 pages | Ways and Means Committee | Nov 20, 2023 |
| — | MEMBER DAY231 pages | Ways and Means Committee | Sep 14, 2023 |
CRS reports 16
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 4
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| R49058 | The Social Security Fairness Act of 2023: Background, Impact, and Issues | Report | Aug 3, 2026 |
| IF13181 | Implementation of the Social Security Fairness Act of 2023 and Retroactivity for Benefit Applications | Resource | Mar 10, 2026 |
| IF12890 | The Social Security Fairness Act of 2023 | Resource | Jan 31, 2025 |
| IN12451 | The Social Security Fairness Act of 2023 (H.R. 82): Background for Congress | Insight | Nov 13, 2024 |
Also cite it 12
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IF13338 | Social Security Coverage for Members of the Clergy | Resource | Oct 27, 2026 |
| R45154 | Lame Duck Sessions of Congress, 1935-2024 (74th-118th Congresses) | Report | Sep 15, 2026 |
| R46961 | Social Security Coverage of State and Local Government Employees | Report | Apr 8, 2026 |
| R48897 | Lifetime Low Earners and Social Security: Analysis of Data from the Health and Retirement Study (HRS) | Report | Apr 6, 2026 |
| TE10121 | Social Security: A Discussion on the Facts and the Path Forward | Testimony | Mar 25, 2026 |
Amendments 14
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 3331 | To delay the repeal of the Government pension offset and windfall elimination provisions until additional changes are made to offset any negative impacts on the actuarial balance of the Social Security Trust Funds. | Mike Crapo R-ID | Amendment SA 3331, under the order of 12/20/2024, not having achieved 60 votes in the affirmative, not agreed to in Senate by Yea-Nay Vote. 34 - 62. Record Vote Number: 336. |
| SA 3335 | No description on file | Chuck Grassley R-IA | Senate amendment submitted |
| SA 3336 | No description on file | Ted Cruz R-TX | Senate amendment submitted |
| SA 3346 | To adjust the normal and early retirement ages for Social Security benefits and increase the maximum age for delayed retirement credits. | Rand Paul R-KY | Amendment SA 3346, under the order of 12/20/2024, not having achieved 60 votes in the affirmative, not agreed to in Senate by Yea-Nay Vote. 3 - 93. Record Vote Number: 333. |
| SA 3347 | No description on file | Rand Paul R-KY | Senate amendment submitted |
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 1410 | Providing for the consideration of the bill (H.R. 82) to amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions. | Related bill | Nov 15, 2024 |
| S 2280 | Social Security 2100 Act | Related bill | Jul 12, 2023 |
| HR 4583 | Social Security 2100 Act | Related bill | Dec 17, 2024 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions.
- Short Title(s) as Introduced
- Social Security Fairness Act of 2023
- Short Title(s) as Passed House
- Social Security Fairness Act of 2023
- Short Titles from ENR (Enrolled) bill text
- Social Security Fairness Act of 2023
- Short Title(s) from PCS (Placed on Senate Calendar) bill text
- Social Security Fairness Act of 2023
Subjects
Assigned by the Library of Congress. Policy area: Social Welfare.
Text 4
Each version as it was printed, newest first.
- —Enrolled Bill
- Dec 11, 2024Placed on Calendar Senate
- Nov 12, 2024Engrossed in House
- Jan 9, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
