Health Care Worker and First Responder Fairness Act

Summary

Excludes wages earned by health care professionals and first responders from counting as “excess earnings” under the Social Security retirement earnings test for wages paid Jan 31, 2020–May 11, 2023, if the worker attests and provides evidence of such employment; the Social Security Commissioner must issue implementation guidance within 30 days. It also lets the Commissioner waive the excess-earnings rule for people who attest they worked as health care professionals or first responders during an HHS-declared public health emergency with a healthcare worker shortage, requires an annual report to Congress listing waivers, and defines key terms used for administration.

• Retroactively excludes wages paid 1/31/2020–5/11/2023 for qualifying health care workers and first responders from Social Security’s excess-earnings test when claimants attest and provide evidence.
• Requires the Social Security Commissioner to issue implementation guidance within 30 days of enactment for the retroactive exclusion.
• Allows the Commissioner to waive the excess-earnings rule for workers who attest they served as health care professionals or first responders during an HHS-declared public health emergency with a healthcare worker shortage.
• Wages paid during an applicable HHS-declared emergency to individuals granted waivers are excluded from the excess-earnings calculation.
• Creates an annual reporting requirement to Congress listing waivers issued in the prior year.
• Defines key terms (Commissioner, Secretary, health care professional, first responder) by reference to existing federal statutes.
• Affects how Social Security benefit withholding is calculated, potentially increasing benefit payments or reducing prior withholdings for affected workers.
• Does not appropriate funds or broadly change Social Security eligibility—focuses narrowly on the retirement earnings test and administrative waivers.