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Referenced Laws
42 U.S.C. 402(k)
42 U.S.C. 415
Section 1
1. Short title This Act may be cited as the Social Security Fairness Act of 2023.
Section 2
2. Repeal of government pension offset provision Section 202(k) of the Social Security Act (42 U.S.C. 402(k)) is amended by striking paragraph (5). 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). 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). 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). 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).
Section 3
3. Repeal of windfall elimination provisions Section 215 of the Social Security Act (42 U.S.C. 415) is amended— in subsection (a), by striking paragraph (7); in subsection (d), by striking paragraph (3); and in subsection (f), by striking paragraph (9). 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).
Section 4
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.