H.R. 82, Social Security Fairness Act of 2023

November 12, 2024 | H.R. 82

The Windfall Elimination Provision (WEP) penalizes retirees who have spent their career in public service but who also have paid into Social Security at some point while working in the private sector. Although these retirees do not expect to receive Social Security benefits for their years of public sector service for which they did not pay FICA tax, it is not fair that their Social Security benefits for their private sector work—or for the private sector work of their spouses—are reduced as a result of a 1983 change in federal law intended to address the false perception that such federal retirees were “double dipping.” 

These provisions are grossly unfair as the Social Security benefits of private sector workers are not reduced if they receive benefits from private pension plans. These federal retirees have earned their Social Security benefits and should receive them. Together, the WEP-Government Pension Offset (GPO) provisions adversely affect approximately 25% of public sector workers. According to 2022 data, more than 2 million Social Security beneficiaries are affected by the WEP, and almost three-quarters of a million beneficiaries had spousal or widow(er) benefits reduced by the GPO.

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