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

February 11, 2003

Mrs. FEINSTEIN (for herself, Ms. Collins, Ms. Landrieu, Ms. Snowe, Mr. Kennedy, Mr. Allen, Mr. Johnson, Mr. Dayton, and Mr. Bunning) introduced the following bill; which was read twice and referred to the Committee on Finance

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 this Act.

END