For years, public workers have received reduced Social Security benefits because of two provisions in the Social Security Act: 1983’s Windfall Elimination Provision and 1977’s Government Pension Offset Provision. Those provisions, which prevent workers from receiving full benefits, are being addressed in the House on Tuesday during the lame-duck postelection period of Congress.
If public workers have jobs in which they pay into their Social Security and receive pension benefits, the two provisions alter the total Social Security benefits the worker receives. The Social Security Fairness Act of 2023, also known as H.R. 82, would amend Title II of the Social Security Act, eliminating the WEP and the GPO and allowing public workers to receive their full benefits regardless of their jobs and how their Social Security is paid into.
The Windfall Elimination Provision reduces the Social Security benefits of workers who receive pensions from a federal, state, or local government for employment not covered by Social Security. The Government Pension Offset reduces Social Security spousal benefits for widows, spouses, and widowers whose spouses receive pensions from a federal, state, or local government.
The act has bipartisan support and is being presented on the House floor Tuesday under the suspension of rules. It is likely the act will pass in a voice vote, but if a recorded vote is requested, passage will require two-thirds of the vote rather than a simple majority.
The bill’s popularity is widespread, though, leaving little doubt about how the vote could go. Sens. Sherrod Brown (D-OH) and Susan Collins (D-ME) played large roles in introducing the bill to the Senate in 2023, but 62 other bipartisan senators also cosponsored it. It is also backed by House Speaker Mike Johnson (R-LA) and is sponsored by Reps. Garrett Graves (R-LA) and Abigail Spanberger (D-VA).
In June, Brown hosted a field hearing to raise awareness for the Social Security Fairness Act. The hearing took testimonies from law enforcement workers, firefighters, and public servants who have all had their full benefits withheld, speaking out about how they had been affected by the WEP and GPO provisions.
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While there is broad support for the act in Congress, repealing the WEP and GPO will cost roughly $196 billion over the next decade, according to the nonpartisan Congressional Budget Office, putting increased financial pressure on the Social Security program that is running dry.
With so many senators supporting the bill, it is likely the bill will pass the Senate following the House vote. The bill would then go to President Joe Biden‘s desk to be signed into law, which would be effective for benefits payable after December 2023.