On December 21, 2024, the United States Senate passed H.R. 82, also known as the Social Security Fairness Act of 2023, by a vote of 70-26. The legislation passed out of the House last month with a 327 to 75 vote. This significant legislation, more than two decades in the making, reforms Social Security by repealing two controversial provisions: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). 

The bipartisan legislation now heads to President Biden's desk, where he is expected to sign it. 

The repeal will bring welcome relief to nearly three million Americans who have their benefits reduced by the WEP and GPO.  The repeal is expected to be retroactive to benefits paid after December 2023, although it is unclear how long it will take to restore benefits or how the payments will be made. 

Key Provisions of H.R. 82 

Repeal of the Windfall Elimination Provision (WEP): 

• WEP reduces Social Security benefits for individuals who also receive a pension from non-Social Security-covered employment. This often impacts public servants including teachers, firefighters, and police officers. 

• Impact: The repeal will restore full Social Security retirement and disability benefits for these individuals, providing them with financial relief. Benefits are expected to be restored from December 2023 going forward.  

Repeal of the Government Pension Offset (GPO): 

• GPO reduces spousal and survivor benefits for individuals receiving government pensions. This has led to significant financial challenges for many widows and widowers. 

• Impact: The repeal ensures that spousal and survivor benefits are no longer reduced, offering financial stability to surviving spouses.