II 111th CONGRESS 1st Session S. 484 IN THE SENATE OF THE UNITED STATES February 25, 2009 Mrs. Feinstein (for herself, Ms. Collins, Mr. Durbin, Mr. Kerry, Mr. Brown, Mr. Cardin, Mrs. Boxer, Mrs. Lincoln, Mr. Whitehouse, Mr. Nelson of Florida, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions.

1.

Short title

This Act may be cited as the Social Security Fairness Act of 2009.

2.

Repeal of government pension offset provision

(a)

In general

Section 202(k) of the Social Security Act (42 U.S.C. 402(k)) is amended by striking paragraph (5). (b)

Conforming amendments

(1)Section 202(b)(2) of the Social Security Act (42 U.S.C. 402(b)(2)) is amended by striking subsections (k)(5) and (q) and inserting subsection (q). (2)Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is amended by striking subsections (k)(5) and (q) and inserting subsection (q). (3)Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking subsection (k)(5), subsection (q), and inserting subsection (q). (4)Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by striking subsection (k)(5), subsection (q) and inserting subsection (q).

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

Subsections (e)(2) and (f)(2) of section 202 of such Act (42 U.S.C. 402) are each amended by striking section 215(f)(5), 215(f)(6), or 215(f)(9)(B) in subparagraphs (C) and (D)(i) and inserting paragraph (5) or (6) of section 215(f).

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 2009. 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.