Retirement Social Security

Social Security Taxes to Change Under New Bill

A bipartisan proposal could shield certain restored Social Security payments from federal income tax.

By Adam Palasciano

Edited by Kristy DeSmit

Updated March 19, 2026

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For millions of retirees, Social Security benefits are a core part of their monthly income. Now, a newly introduced bill in Congress could change how some of those benefits are taxed — particularly for certain public sector retirees.

The proposal aims to prevent unexpected federal income tax bills tied to retroactive payments. If passed, it could reshape how restored benefits are treated under the tax code.

Here's what the new legislation would do and who it may affect.

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The No Tax on Restored Benefits Act explained

The No Tax on Restored Benefits Act was introduced in the House Ways and Means Committee and would amend the Internal Revenue Code of 1986. Specifically, it would exclude from gross income certain Social Security benefits that were restored under the Social Security Fairness Act of 2023. In plain terms, that means some retroactive Social Security payments would not count as taxable income for a limited period.

Under the bill's language, monthly insurance benefits attributable to changes made by the Social Security Fairness Act of 2023 would be excluded from taxable income for payments covering months after December 31, 2024, and before January 1, 2026. The measure has bipartisan support and focuses on preventing tax burdens tied to restored benefits.

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Why the proposed No Tax on Restored Benefits Act matters

The proposal primarily impacts certain public sector retirees who previously saw their Social Security benefits reduced due to pension-related rules. Many of these workers — including teachers, firefighters, and other government employees — did not pay Social Security payroll taxes during their careers, which reduced or eliminated their eligibility for full benefits. The Social Security Fairness Act of 2023 restored some of those benefits.

Because of that restoration, some retirees received larger or retroactive payments. The new bill seeks to ensure those restored amounts are not taxed as ordinary income during the specified window. While roughly 70 million Americans receive Social Security each month, this proposal targets a narrower group of beneficiaries.

Consequences of the No Tax on Restored Benefits Act

The bill appears to address a problem that emerged after the Social Security Fairness Act of 2023 took effect. When the Social Security Administration began issuing retroactive payments — including lump sums starting in February 2025 — some beneficiaries found themselves facing unexpected tax bills. Because the additional income pushed them into higher taxable income brackets, they owed more federal income tax than anticipated.

Compounding the issue, many recipients had not elected to withhold federal taxes from their Social Security payments. Without quarterly estimated payments, some were also assessed underpayment penalties when filing their 2025 returns. By excluding those restored benefits from gross income for the specified period, the new bill would reduce or eliminate those surprise tax consequences.

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How Social Security benefits are normally taxed

Under current law, Social Security benefits can be taxable depending on your combined income, which includes adjusted gross income, nontaxable interest, and half of your Social Security benefits. If your income exceeds certain thresholds, currently $34,000 ($44,000 if you are married filing jointly), up to 85% of your benefits may be subject to federal income tax.

For beneficiaries receiving a sudden lump-sum payment, that spike in income can trigger higher taxation even if their regular monthly benefits would not have done so. The No Tax on Restored Benefits Act seeks to temporarily carve out an exception for benefits restored under the 2023 law.

Why it's important not to fully rely on Social Security

While legislative changes can affect how benefits are taxed, Social Security is only one piece of a retirement plan. The program's trust fund for retirement benefits is projected to face depletion within the next decade if Congress does not intervene, which could lead to reduced payments. That uncertainty highlights the importance of building additional retirement income streams.

Contributing to a 401(k), IRA, or taxable investment account can help diversify your retirement income. Maintaining an emergency fund may also provide flexibility if benefit timing or tax rules shift. A balanced plan may help protect against policy changes beyond your control.

Bottom line

The No Tax on Restored Benefits Act would temporarily exclude certain retroactive Social Security payments from taxable income, potentially sparing some public sector retirees from unexpected federal tax bills. The proposal focuses on payments linked to the Social Security Fairness Act of 2023 and applies to benefits covering 2025.

Although the bill has bipartisan backing, it must still move through the legislative process before becoming law. Understanding how restored benefits and taxation interact may help you plan ahead and make the right moves if similar changes affect your retirement income.

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