Social Security Fairness Act of 2003

Social Security Fairness Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) pension offset provisions applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to Old-Age and Survivors insurance benefit payments; and (2) windfall elimination provisions with respect to computation of the primary insurance amount of an individual.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 594 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 594

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2003

   Mr. McKeon (for himself, Mr. Lynch, Mr. Filner, Mr. Boehlert, Mr. 
   Berman, Mr. Rodriguez, Mr. Simmons, Mr. Baird, Mr. McGovern, Mr. 
 Holden, Mr. Strickland, Ms. Woolsey, Mr. Frost, Mr. Hall, Mr. Souder, 
  Mr. LoBiondo, Mr. Stark, Mr. Green of Texas, Mr. Stupak, Mr. George 
Miller of California, Mr. Lipinski, Mr. Turner of Texas, Mr. Costello, 
  Mr. Hinchey, Ms. Solis, Mr. Gillmor, Ms. Jackson-Lee of Texas, Mr. 
 Weldon of Pennsylvania, Mr. Waxman, Mr. Cunningham, Mr. Jenkins, Mr. 
 McHugh, Mrs. Capps, Mr. Markey, Mr. Lantos, Mr. Hinojosa, Mr. Schiff, 
  Mr. Whitfield, Mr. Lincoln Diaz-Balart of Florida, Mr. Sherman, Mr. 
Baker, Mr. Isakson, Mr. LaHood, Mr. Weller, Mr. Shimkus, Mr. Paul, Mr. 
 Doolittle, Mr. Calvert, Mr. Wilson of South Carolina, Mr. LaTourette, 
 Mr. Abercrombie, Ms. Baldwin, Ms. McCollum, Mr. Gibbons, Mr. Platts, 
  Mr. Israel, Mr. Michaud, Mr. Combest, Mr. Bereuter, Mr. Doyle, Mr. 
   Frank of Massachusetts, Ms. McCarthy of Missouri, Ms. Watson, Mr. 
      Olver, Mr. Carson of Oklahoma, Ms. Schakowsky, Mr. Neal of 
  Massachusetts, Mr. Lampson, Ms. Hooley of Oregon, Mr. Stenholm, Ms. 
   Millender-McDonald, Mr. Pallone, Ms. Harman, Mr. Kennedy of Rhode 
 Island, Ms. Roybal-Allard, Mr. Wu, Mr. Gordon, Mr. Edwards, Mr. Brown 
of Ohio, Mr. Honda, Ms. Lee, Mr. Sandlin, Mr. Lewis of California, Mr. 
    Allen, Mr. Lucas of Kentucky, Mrs. Napolitano, Mr. Bonilla, Mr. 
Blumenauer, Ms. Linda T. Sanchez of California, Mr. Payne, Ms. Loretta 
  Sanchez of California, and Mrs. Davis of California) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Social Security Fairness Act of 
2003''.

SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVISIONS.

    (a) Wife's Insurance Benefits.--Section 202(b) of the Social 
Security Act (42 U.S.C. 402(b)) is amended--
            (1) by striking ``and paragraph (4) of this subsection'' in 
        paragraph (2); and
            (2) by striking paragraph (4) and redesignating paragraph 
        (5) as paragraph (4).
    (b) Husband's Insurance Benefits.--Section 202(c) of such Act (42 
U.S.C. 402(c)) is amended--
            (1) by striking paragraph (2) and redesignating paragraphs 
        (3) through (5) as paragraphs (2) through (4), respectively; 
        and
            (2) by striking ``and paragraph (2) of this subsection'' in 
        paragraph (2) as so redesignated.
    (c) Widow's Insurance Benefits.--Section 202(e) of such Act (42 
U.S.C. 402(e)) is amended--
            (1) by striking ``, paragraph (7) of this subsection,'' in 
        paragraph (2)(A); and
            (2) by striking paragraph (7) and redesignating paragraphs 
        (8) and (9) as paragraphs (7) and (8), respectively.
    (d) Widower's Insurance Benefits.--
            (1) In general.--Section 202(f) of such Act (42 U.S.C. 
        402(f)) is amended--
                    (A) by striking paragraph (2) and redesignating 
                paragraphs (3) through (9) as paragraphs (2) through 
                (8), respectively; and
                    (B) by striking ``, paragraph (2) of this 
                subsection,'' in paragraph (2) as so redesignated.
            (2) Conforming amendments.--
                    (A) Section 202(f)(1)(B) of such Act (42 U.S.C. 
                402(f)(1)(B)) is amended by striking ``paragraph (5)'' 
                and inserting ``paragraph (4)''.
                    (B) Section 202(f)(1)(F) of such Act (42 U.S.C. 
                402(f)(1)(F)) is amended by striking ``paragraph (6)'' 
                and ``paragraph (5)'' (in clauses (i) and (ii)) and 
                inserting ``paragraph (5)'' and ``paragraph (4)'', 
                respectively.
                    (C) Section 202(f)(5)(A)(ii) of such Act (as 
                redesignated by paragraph (1)(A) of this subsection) is 
                amended by striking ``paragraph (5)'' and inserting 
                ``paragraph (4)''.
                    (D) Section 202(k)(2)(B) of such Act (42 U.S.C. 
                402(k)(2)(B)) is amended by striking ``or (f)(4)'' each 
                place it appears and inserting ``or (f)(3)''.
                    (E) Section 202(k)(3)(A) of such Act (42 U.S.C. 
                402(k)(3)(A)) is amended by striking ``or (f)(3)'' and 
                inserting ``or (f)(2)''.
                    (F) Section 202(k)(3)(B) of such Act (42 U.S.C. 
                402(k)(3)(B)) is amended by striking ``or (f)(4)'' and 
                inserting ``or (f)(3)''.
                    (G) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 
                426(e)(1)(A)(i)) is amended by striking ``and 
                202(f)(5)'' and inserting ``and 202(f)(4)''.
    (e) Mother's and Father's Insurance Benefits.--Section 202(g) of 
such Act (42 U.S.C. 402(g)) is amended--
            (1) by striking ``Except as provided in paragraph (4) of 
        this subsection, such'' in paragraph (2) and inserting 
        ``Such''; and
            (2) by striking paragraph (4).

SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS.

    (a) In General.--Section 215 of the Social Security Act (42 U.S.C. 
415) is amended--
            (1) in subsection (a), by striking paragraph (7);
            (2) in subsection (d), by striking paragraph (3); and
            (3) in subsection (f), by striking paragraph (9).
    (b) Conforming Amendments.--Subparagraphs (C) and (D) of section 
202(e)(2) of such Act (42 U.S.C. 402(e)(2)(C), (D)) are each amended by 
striking ``section 215(f)(5), 215(f)(6), or 215(f)(9)(B)'' and 
inserting ``paragraph (5) or (6) of section 215(f)''.

SEC. 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 2003. 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.
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