The Social Security Fairness Act, which will level the playing field for public service employees who qualify for Social Security disability but do not receive the full amount they are owed due to their pension, was officially signed into law by President Joe Biden on January 5, 2025.
The act was passed in the House of Representatives with bipartisan support in November 2024 and rushed to the Senate for a vote in December 2024 as supporters raced the clock before the end of the 118th Congress ended its term.
Recent SS Fairness Act Updates:
January 5, 2025 — President Joe Biden has officially signed the Social Security Fairness Act into law, ending the Windfall Elimination Provision and Government Pension Offset.
December 23, 2024 — The U.S. Senate passes the Social Security Fairness Act, sending it to President Joe Biden to be signed into law.
December 18, 2024 — On December 18, 2024, the Senate voted to proceed to a final vote before the end of the year.
What is the Social Security Fairness Act?
The Social Security Fairness Act repeals the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), allowing public service retirees to receive their full hard-earned Social Security benefits.
Federal employers who offer a pension plan may not withhold Social Security taxes from their employees. Government retirees who then receive pensions are not eligible to receive Social Security benefits because they did not pay into it.
However, some public service workers may have done other private sector work and contributed enough Social Security taxes to be eligible for benefits. In this case, the WEP and the GPO would have reduced the amount the employee or their spouse can receive — benefits they rightfully earned — simply because they are receiving a pension.
For example, a teacher may have worked a private sector job for several years before teaching or may have worked another part-time job for which they would have been paying Social Security taxes each paycheck. However, WEP and GPO limited the amount they can receive from Social Security benefits by up to 60%.
What Will It Do?
The Social Security Fairness Act, proposed by Louisiana GOP Representative Garret Graves and Virginia Democratic Representative Abigail Spanberger, has been decades in the making.
Repealing WEP would impact 2 million Social Security beneficiaries and for the GPO, nearly 800,000 retirees.
For instance, under the GPO, a spouse who receives a monthly pension of $2100 would see two-thirds of that deducted from their Social Security benefits. So if they receive $1500 in Social Security benefits, $1400 (or two-thirds) would be deducted, leaving them with only $100/month in Social Security benefits.
Under the Social Security Fairness Act, the same person will receive the entire $1500 of Social Security spousal benefit.
Social Security Legislation Passed: What’s Next
The Social Security Fairness Act gives millions of Americans access to benefits they couldn’t receive previously. Fortunately, very little action is required by those affected who are already receiving Social Security benefits.
If you know you will be impacted by the Social Security Fairness Act, simply verify that your mailing address and direct deposit information are correct with the Social Security Administration (SSA). The SSA will do the rest.
Social Security Fairness Act Retreoactive
Also, note that the new law will apply to every month of 2024. This means that you may be eligible to receive backpay on payments you should have received in 2024.
Contact a Social Security Attorney
If you are a public sector retiree or spouse affected by this legislation who has not filed for SSDI benefits due to previous WEP or GPO cuts, contact an attorney today to claim what is rightfully yours.
A Social Security attorney can ensure that your application is completed quickly and accurately and is a helpful aide should your claim proceed through the appeals process.
For a FREE case review, call an attorney at Disparti Law Group at (312) 600-6000 and find out why thousands say… Larry wins!
