Could the Social Security Fairness Act Reshape Benefits? Here’s What’s at Stake

Is the ‘Social Security Fairness Act’ on track to be enacted? Here’s what you need to understand

The “Social Security Fairness Act” — HR 82 — proposes changes to Social Security regulations that could impact millions, but it requires presidential approval to become law.

A bipartisan bill was initially presented in 2023, but Congress only completed its approval earlier this month.

HR 82 was first introduced by Republican Rep. Garret Graves, who has been serving Louisiana’s District 6 since 2015. Since that time, more than 300 additional Representatives have joined in support of the bill.

On Friday, the bill reached President Joe Biden, giving him 10 days from the date he received it (until Jan. 8) to sign it.

If he does not sign it by the end of the 10-day period when Congress is out of session, the bill will automatically be vetoed, resulting in its failure to become law.

If Congress remains in session, the unsigned bill will automatically become law without needing a signature. The National Fraternal Order of Police, a strong supporter of the bill, has revealed that Biden intends to sign it into law on Monday, Jan. 6.

WHAT ARE THE BILL’S PROVISIONS?

This bill aims to change the Social Security Act by removing rules that lower Social Security benefits for those who also receive government pensions.

These measures affect countless individuals across the U.S., encompassing police officers, firefighters, postal workers, teachers, and many other public service professionals.

HR 82 aims to eliminate reductions in Social Security benefits for spouses, widows, and widowers who receive their own government pensions, a consequence of the Government Pension Offset established in the Social Security Act of 1977.

Moreover, HR 82 aims to eliminate the Windfall Elimination Provision, established in 1983, which has the potential to decrease Social Security benefits for individuals receiving a pension or disability benefit from an employer that did not withhold Social Security taxes.

Nearly 3 million Social Security beneficiaries have experienced reductions in their benefits due to these provisions, according to the CRS.

Democratic lawmakers have shown significant support for the bill, arguing that workers who have contributed to the program throughout their careers deserve access to the funds.

Republicans seem divided on the matter, as numerous members highlight the significant expenses tied to these changes, potentially hastening the Social Security fund’s insolvency by about six months.