Tags: Charles Koch, David Koch, Koch Brothers, Social Security
Over the course of the years that our Association has been fighting to repeal Social Security’s GPO (Government Pension Offset) and WEP (Windfall Elimination Provision), we have received hundreds of communications from our members and other interested parties. Here are some of the most frequent questions and our answers to them.
WHAT IS THE GPO?
The GPO affects members who apply for SS spousal benefits, based upon their husband or wife’s work record under the program, and fail to satisfy two exceptions. Members must either be eligible for their public pension before December 1, 1982 and meet all requirements for SS spousal benefits in effect in January 1977 (i.e., husband received one-half support from his wife), or be eligible for their pension before July 1, 1983 and receiving one-half support from his or her spouse.
Unless a member satisfies one of these two exceptions, then the amount of their SS spousal benefits will be reduced by two-thirds of their public pension. For example, if your pension is $9,000 and you’re eligible for $6,000 in SS spousal benefits, two-thirds of your pension ($6,000) would unfortunately reduce your SS benefits to zero. Note: Even if you do not receive actual benefits, you can still be covered by Medicare.
The GPO was a provision in the 1977 Social Security Amendments signed into law by President Jimmy Carter, at a time when the Democrats controlled both the House and Senate. The provision originated in the Senate Finance Committee, then chaired by Sen. Russell Long (D-LA). House Ways and Means Committee Chairman Al Ullman (D-OR) pushed through an amendment in the House to provide a five-year transition period so that the GPO was not effective until 1982. Subsequent amendments changed the effective date to 1983, and applied the $1-for-$1 offset against two-thirds of the pension, instead of the entire pension used as the offset in the original provision.
The WEP affects members who apply for their own (not spousal) SS benefits and fail to satisfy certain exceptions. A major exception is that members, who were eligible for their public pension before January 1, 1986 (i.e., 20/more years of service under age 55, or 10/more years over 55) or have at least 30 years of substantial coverage under Social Security, are exempt from the WEP. (There is some relief for those with 20-30 years of SS coverage.)
If a member doesn’t satisfy the exceptions, then they are subject to the WEP, meaning that their SS benefits will be calculated using a different formula. Under that different formula, instead of receiving 90% of the first $606, which the member earned on the average each month (in this case, $545.40), the member would receive only 40% of their first $606 ($242.40) – more than 55% less in benefits.
The WEP was enacted as part of the 1983 Social Security Refinancing Act, designed to shore up the financing of the Social Security Trust Fund. That Act was signed into law by President Ronald Reagan, after being adopted by the Democratic-controlled House where Rep. Dan Rostenkowski (D-IL) chaired the House Ways and Means Committee and the Republican-controlled Senate, where Sen. Robert Dole (R-KS) chaired the Senate Finance Committee.
In addition to Massachusetts, there are 26 states that have public retirees and employees who could be hurt by either the GPO/WEP. Like the Commonwealth, the first 6 states, listed below, have almost all or a large majority of their employees not contributing to Social Security, and, therefore, potentially affected by these laws as retirees. The remaining 20 states are ranked in terms of the percent of employees who may be impacted (66-16%). They are: California, Colorado, Illinois, Louisiana, Ohio, Texas, Florida, New York, Nevada, Connecticut, Kentucky, Minnesota, Georgia, Missouri, Michigan, Tennessee, Wisconsin, Washington, Indiana, Pennsylvania, Alaska, Maine, Hawaii, Montana, New Mexico and New Hampshire.
As with any issue – be it at the federal or state level, it’s vital to keep informed.
Second, timing is critical. Over the years, we have called upon members, in specific parts of the country (i.e., Florida, Maine, Vermont, etc.), to contact their congressmen and senators on the GPO/WEP. While we do not discourage individual initiative on these issues, please act if and when we contact you – that’s when we believe you can have the greatest impact.
Just before the Senate went on recess in mid-December John Kerry (D-MA) introduced a companion bill to the House Social Security Fairness Bill (HR1332).
The new Senate bill specifies repeal of both the GPO and the WEP. It is number S 2010 and is co-sponsored by Susan Collins (R-ME).
We are delighted!
The best way we can thank these two Senators is to get their colleagues to sign on as co-sponsors! The National Education Association has set up a quick and easy way to email both your Senators and your Congress Person. This is open to everyone and you do not need to sign up for NEA emails to use the service. Click here and also pass this link on to your friends:
http://capwiz.com/nea/issues/alert/?alertid=59458501
It is not likely that these bills will be passed this year, but they are a vehicle for explaining to legislators why these offsets are WRONG. When any changes are made to the Social Security retirement formulas, we want to make sure that lawmakers know that this is a problem that must be fixed!
From our recent sign ups, here is another story of outrageous injustice:
My mother (a public school teacher) was blindsided by this unfair legislation. She is constantly having to explain to people why she does not receive survivor benefits, when most of her peers (84 years old) do receive them. It feels so punitive to me. It’s as if they are saying, “You worked so we are now going to punish you for it. And, your husband died so now we are going to rip up your life even more. Ha!” The concept of double dipping was inaccurate, as if someone were stealing. They built their lives and family, contributed to society, and paid taxes, together. California.
Thank you for staying with us as we fight for change!!!
via SSFairness.com
The White House is soliciting petitions from the public on their website. A petition has been started to urge repeal of the Government Pension Offset and the Windfall Elimination Provision. The petition needs a lot of signatures in order to get the attention of the President. Sign today! Note – you will be asked to create an account before signing to prevent duplicate signatures. Once you create your account, you will receive a confirmation e-mail and will be able to sign the petition. To start the process, click here.
NEA supports repeal of unfair offsets – the Government Pension Offset and Windfall Elimination Provision – that unfairly reduce or eliminate Social Security benefits that public employees have EARNED. Representatives McKeon (R-CA) and Berman (D-CA) have re-introduced legislation (H.R. 1332) that would fully repeal these unfair laws. See if your Representative is a cosponsor.
Take Action Now: Tell Members of the House to cosponsor and support passage of this important legislation.
How (and why) GPO and WEP can eat up your pension.
By Mary Ellen Flannery and Alain Jehlen
In 1968, Lois Grenfell’s husband died at the age of 31. Her children were seven and 11. “Our family was devastated emotionally and financially. I had no savings, very little life insurance, and no job,” she recalls. Grenfell, who lives in Grand Junction, Colorado, returned to college part-time while supporting her family, earned a teaching degree, and began teaching in 1976. She was rebuilding her life—but there was more bad news to come.
“I soon learned that I would never receive one penny of my Social Security widow’s benefits after I retired, even though my husband had worked continually from the time he was 16 until his untimely death,” she wrote to This Active Life. What happened to her widow’s pension? The Government Pension Offset and Windfall Elimination Provision (GPO/WEP). More…
Quick Quiz on Social Security and Public Employees
See how much you know about how the Social Security Offset might affect your retirement. Click below to take the quiz:
Windfall Elimination Provision:
Do you currently work, or have you previously worked, or are you planning to work in the future in a public sector job (including public educators, police officers, firefighters, state and local government workers) that is NOT covered by Social Security – that is, Social Security taxes are/were/will not be withheld from your paycheck?
If so, are you currently drawing, or will you draw in the future, a government pension from that job?
And, are you also entitled to a Social Security retirement or disability benefit from another job – either a part-time or summer job or a previous job for which you paid into Social Security?
If you answered yes to the above questions, you may be impacted by the WEP.
(Note – there are exceptions, particularly for people who have more than 30 years of qualified employment covered by Social Security – learn more.)
Government Pension Offset:
Do you currently work, or have you previously worked, or are you planning to work in the future in a public sector job (including public educators, police officers, firefighters, state and local government workers) that is NOT covered by Social Security – that is, Social Security taxes are/were/will not be withheld from your paycheck?
If so, are you currently drawing, or will you draw in the future, a government pension from that job?
And, are you entitled to a Social Security survivor benefit based on Social Security taxes your spouse paid while working in the private sector (benefits you would receive based on your spouse’s earnings if he or she dies)?
If you answered yes to the above questions, you may be impacted by the GPO.
via NEA – Here’s how to tell whether you may be impacted by GPO/WEP.
A petition to urge the Administration to support repeal of the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP) is now available on the White House website. The GPO and WEP unfairly cut or eliminate many public employees’ earned Social Security benefits. The petition needs a lot of signatures in order to get the attention of the President. Sign today ! Learn moreabout the Government Pension Offset and the Windfall Elimination Provision. To sign the petition: