Congress sends Social Security reform bill to President's desk

Key Takeaways

On December 20, the U.S. Senate voted to pass the Social Security Fairness Act of 2023 (H.R. 82) to repeal the Windfall Elimination Provision (WEP) that impacts the retirement benefits of certain public sector employees. Eliminating the WEP gives public employees access to their full social security benefits, putting an end to a reduction of benefits for 2.1 million county and state employees. 

What to know about the Windfall Elimination Provision

• The WEP is a formula used to calculate Social Security benefits for individuals who have worked both public and private sector jobs, leaving them with both social security benefits and non-covered pensions at retirement.
• The WEP was created to minimize “double-dipping” between private pensions and Social Security but ultimately penalizes those who have served in both sectors and reduces their benefits. 
• This penalty is particularly salient given county workforce shortages, potentially deterring talent from serving in the public sector. 

What is the state of the Social Security Fairness Act?  

On December 20, the U.S. Senate voted 76-20 to pass H.R. 82 and send the bill to the President's desk to be signed into law. The U.S. House passed H.R. 82 on November 12 with a final vote of 327-75. These vote tallies demonstrate overwhelming bipartisan support for county officials to receive their full range of retirement benefits. 

Counties applaud the U.S. Congress for enacting H.R. 82 to eliminate WEP and make benefits fairer to individuals who split their careers between the private and public sector.