U.S. Social Security Fairness Act: how it affects the receipt of back payments

By: Eliot Pierce

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Officially, the United States Social Security Fairness Act is currently in effect. According to the Administration, this new policy approach will boost Social Security benefit payments for current and past public employees whose benefits were cut due to unpaid pensions. Millions of people who have been in public service positions will be impacted by this new bill, and even if you are eligible, you can still be eligible for back payments for the entire year 2024.

Thus, two regulations that would have raised benefits for eligible US Social Security recipients are repealed under the American Fairness Act. Those who receive Social Security, Social Security Disability Insurance, and Supplemental Security Income will get a 2.5% rise in payments in addition to the recent cost of living adjustment for 2025. Therefore, this new rule will reduce the economic suffocation that certain groups may experience and assist prevent vulnerable circumstances.

Social Security Fairness Act in the United States

The abolition of the government pension offset (GPO) and the unanticipated advantage (WEP) in the United States is terminated by the Social Security Fairness Act. More than 3.2 million persons who receive an uninsured pension—a pension based on labor that was not covered by Social Security—saw their Social Security benefits cut or canceled as a result of these rules. As a result, this bill raises Social Security benefits for specific worker categories, such as the following:

  • teachers, firefighters and police officers in many states;
  • federal employees covered by the Civil Service Retirement System; and
  • people whose work had been covered by a social insurance system of another country.
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However, under this new rule, benefits can only be increased for those who earn a pension based on work that is not covered by Social Security. Approximately 72% of state and local governmental employees hold occupations that are covered by Social Security and are not impacted by the GPO or WEP. The Fairness Act has no effect on those individuals, and their benefits will not be increased. As a result, the Social Security Administration is completing its strategy to put the law into effect while minimizing its detrimental impacts on our daily work and public services. The government states that while it is currently unable to provide an estimated timeframe for adjusting an individual’s past or future benefits, it will continue to post information on this page.

People who qualify for SSA

There are wide variations in how much an impacted beneficiary’s monthly benefits can fluctuate. Therefore, some people’s earnings will increase relatively little, while others may be eligible for hundreds of dollars more each month, depending on factors including the type of Social Security benefit received and the amount of the person’s pension.

However, the Administration asserts that there is little they can do, at least not right now, for those segments of the population that are already eligible for Social Security. They have merely made public the requirement to maintain each employee’s personal information and mailing address current in order to expedite processes if needed.

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