Overview

Title

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

ELI5 AI

This bill wants to stop certain rules that make some people’s Social Security money smaller if they also get a special pension for their work, making it so they can keep more of their Social Security money starting next year.

Summary AI

H.R. 82, also known as the “Social Security Fairness Act of 2023,” aims to amend the Social Security Act by repealing the Government pension offset and windfall elimination provisions. This means changes to sections of the Social Security Act, specifically removing certain paragraphs that currently reduce Social Security benefits for individuals receiving pensions from non-Social Security-covered employment. The modifications would apply to monthly insurance benefits starting in January 2024, with necessary adjustments being made to primary insurance amounts by the Social Security Commissioner.

Published

2024-12-27
Congress: 118
Session: 2
Chamber: JOINT
Status: Enrolled Bill
Date: 2024-12-27
Package ID: BILLS-118hr82enr

Bill Statistics

Size

Sections:
4
Words:
536
Pages:
2
Sentences:
19

Language

Nouns: 138
Verbs: 32
Adjectives: 12
Adverbs: 0
Numbers: 58
Entities: 35

Complexity

Average Token Length:
3.62
Average Sentence Length:
28.21
Token Entropy:
4.29
Readability (ARI):
12.55

AnalysisAI

The Social Security Fairness Act of 2023, titled H.R. 82, has a central objective of amending the Social Security Act to repeal two significant provisions: the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). The bill sets its effective date for these changes starting January 2024, impacting monthly insurance benefits under Social Security.

General Summary

The main focus of the bill is on the repeal of the Government Pension Offset and the Windfall Elimination Provision. These provisions currently reduce Social Security benefits for individuals who also receive a pension from a government job that did not pay into the Social Security system, and retirees who also receive a pension from work not covered by Social Security, respectively. By removing these provisions, retirees affected by them could potentially receive a higher amount from Social Security benefits.

The bill outlines these changes structurally by removing specific paragraphs in sections of the Social Security Act, and makes technical amendments to reflect this removal throughout related sections. Finally, it mandates that the Commissioner of Social Security adjust primary insurance amounts to align with these legislative changes starting in January 2024.

Significant Issues

The bill does not extensively detail the rationale behind the repeal of the GPO and WEP, which leaves room for interpretation about the motivations and expected outcomes. Both provisions have been controversial; critics argue they unfairly reduce benefits for public sector workers, while supporters claim they prevent the drawing of unfair advantages from receiving a non-Social Security-covered pension alongside Social Security benefits.

Another significant concern is the absence of discussion on the financial implications of these repeals. The bill does not articulate whether removing these offsets could lead to increased rights to social security benefits, subsequently resulting in heightened governmental expenses, or if it might balance out through other means.

Moreover, the language used in the bill is legalistic and complex, potentially presenting comprehension challenges for those unfamiliar with legislative terminology and the intricacies of the Social Security Act. The references to specific amendments without a holistic explanation may further obscure understanding.

Impact on the Public

In broad terms, the repeal of these provisions could positively affect public sector workers and retirees who partake in pension programs not covered by Social Security. By potentially increasing benefits, the bill may enhance financial stability for affected retirees, allowing for better resource management in their daily lives.

However, this could also create potential financial strain on the Social Security system if the anticipated increased draw of benefits isn't met with adequate resources. Consequently, a need for adjustments or compensatory measures may arise, affecting future financial projections and allocations.

Impact on Stakeholders

For individuals currently working in public sector jobs or who have transitioned from such jobs into retirement, this bill provides direct financial benefits by potentially increasing their Social Security payouts. This group, which has long contended with reductions in anticipated benefit amounts due to GPO and WEP, stands to benefit most clearly.

Conversely, stakeholders concerned with the sustainability of the Social Security system might view this shift skeptically, fearing that it could exacerbate existing financial pressures on the system. The absence of a detailed financial impact assessment in the legislative discussion propagates uncertainty about how these changes might interact with wider fiscal policy considerations.

In conclusion, while the Social Security Fairness Act of 2023 aims to rectify perceived injustices in the current system, the broad impacts of such changes underscore the complex interplay between legislative intent and practical implementation in public policy.

Issues

  • The bill repeals the Government pension offset provision but does not explain the potential impact or purpose of this repeal, leading to possible confusion about the objectives and consequences on beneficiaries. (Section 2)

  • The repeal of the windfall elimination provisions is not accompanied by an explanation of the rationale or expected impact, creating ambiguity regarding the bill's intent and its effects on individuals receiving Social Security benefits. (Section 3)

  • The financial implications of both the repeal of the Government pension offset and the windfall elimination provisions are not discussed, leaving uncertainty regarding whether these changes could lead to increased costs or savings. (Sections 2 and 3)

  • The text contains references to various amendments of the Social Security Act but lacks an explanation of these references, potentially making the amendments difficult to understand for readers unfamiliar with the existing law. This includes references to technical sections and paragraphs. (Sections 2 and 3)

  • The 'Effective date' section is vague, particularly with the term 'to the extent necessary,' which could lead to inconsistent implementation of the insurance amount adjustments, impacting beneficiaries differently. (Section 4)

  • The language used in the bill is legalistic and complex, which might make it challenging for individuals without legal expertise to understand the changes and their implications, necessitating further clarification and guidance. (Sections 2 and 3)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section states that the act can be referred to as the "Social Security Fairness Act of 2023."

2. Repeal of government pension offset provision Read Opens in new tab

Summary AI

The section of the bill repeals the government pension offset provision in the Social Security Act, specifically by removing paragraph (5) from Section 202(k). It also makes necessary adjustments to related sections (202(b)(2), 202(c)(2), 202(e)(2)(A), and 202(f)(2)(A)) to reflect this change, ensuring that references to the repealed paragraph are deleted.

3. Repeal of windfall elimination provisions Read Opens in new tab

Summary AI

The text describes changes to the Social Security Act, specifically repealing certain provisions of section 215. It involves removing specific paragraphs related to the windfall elimination from subsections (a), (d), and (f), and making necessary updates to related subsections in section 202.

4. Effective date Read Opens in new tab

Summary AI

The amendments in this act will apply to monthly Social Security benefits starting in January 2024. The Commissioner of Social Security must adjust primary insurance amounts as needed, considering the changes made by section 3 of the act.