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Legislation Tracker

Social Security Fairness Act: What It Changed and Who Gets Money

The law repealed the Windfall Elimination Provision and the Government Pension Offset, raising benefits for retirees who worked in jobs not covered by Social Security.

Where it stands now

No action on this in the tracker right now. New votes and filings appear here automatically as Congress records them.

What the two provisions did

The Windfall Elimination Provision reduced a worker's own Social Security retirement or disability benefit if that worker also received a pension from employment where Social Security taxes were not withheld.

The Government Pension Offset reduced, and often eliminated, spousal and widow or widower benefits for people receiving such a pension. Together the two provisions cut or erased benefits for public-sector retirees who had also paid into Social Security through other jobs.

What the law does

The Social Security Fairness Act repealed both provisions and applied the change to benefits payable for months after December 2023, which is why affected beneficiaries were owed retroactive payments as well as higher monthly checks.

The Social Security Administration processed the increases and one-time back payments administratively; beneficiaries generally did not need to file a new application, though people who never applied because they expected to be offset to zero did need to apply.

What is still in play

The repeal increased Social Security outlays, which moved up the projected date at which the trust funds can no longer pay full scheduled benefits. That has kept solvency proposals — payroll tax cap changes, benefit formula changes and retirement age changes — in active debate.

Any bill on this page marked as introduced has not become law. Only items marked signed have.

People also ask

Who qualifies under the Social Security Fairness Act?

People whose Social Security retirement, disability, spousal or survivor benefits were reduced by the Windfall Elimination Provision or the Government Pension Offset because they receive a pension from work not covered by Social Security.

Do I have to apply to get the increase?

Most affected beneficiaries were adjusted automatically. People who never filed for a spousal or survivor benefit because it would have been offset to zero do need to file.

Does the repeal change anyone's benefit downward?

No. It removed reductions. It does not lower any benefit, though it does increase total program spending.

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