Social Security Fairness Act

Congress passed the Social Security Fairness Act of 2023 early this morning.  None of the articles I read did a good job of describing the purpose of the provisions which were repealed, so you cannot judge whether this was a good or bad choice by Congress. I think it was a mistake because it increases SS costs by eliminating provisions which were there for a valid reason.

I use the wordy phrase “Social Security is insurance against running out of money in retirement.”  I do this because people who have sources other than SS benefits have less need for benefits.  The changes in 1983 (when SS was in dire straits) included two provisions to reduce benefits for workers who have such other benefits.  These provisions made sense to that Congress because the other benefits came from work which was not taxed by Social Security.

Senator Brown, who sponsored the Act, said it is “a victory for all the public servants who will finally get the Social Security they have earned.”  The problem is that their work history messes with the calculation of their Primary Insurance Amount in a way that gives them more benefits than typical workers. The provisions eliminated may have had unintended consequences, but they were there to compensate for benefits that were not really earned.

The PMA formula is progressive.  It returns a benefit which is a percentage of “average indexed monthly earnings”. (*)  Higher earnings means higher benefits, but lower earnings means a higher percentage.  At an average income of $64K, the benefit is 30% (**).  At half that it is 41%.  At twice it is 24%.

Windfall Elimination Provision (pdf)

Some workers have jobs that do not require paying SS taxes because the job comes with pension.  If someone works that job for enough years and a “covered” job for 10 years, they will qualify for both retirement benefits.  Their SS earning history will look like they had a low paying job, so their benefit will be higher than someone who had the same covered job for a whole career.  The WEP is designed to adjust the PIA so that the benefits are comparable.

Government Pension Offset (pdf)

This provision also applies to retirement (or disability) benefits from work that was not taxed by SS.

401k Benefits Do Not Change PIA

I saved quite a bit in a 401k.  That income was not taxed when I earned it.  It will be taxed when I withdraw it.  If I withdraw it while taking SS, I will have additional tax on my SS.  Whether it is fair depends on whether you accept that I do not need retirement insurance as much as someone without my 401k.

(*) The “indexing” is worth another post, but is not discussed here.

(**) Using the online calculator with its assumptions about earning history.