Unlike some other bills that propose a new formula to address the issue, the Social Security Fairness Act (H.R. 82) seeks to completely eliminate the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO)—without replacing them with a complicated new formula. This straightforward approach promises to address a long-standing issue that has negatively impacted the retirement income of millions of public servants. Despite strong bipartisan support, federal employees and other public sector workers have faced significant reductions in their Social Security benefits due to these provisions.
Read moreThe current momentum behind the Social Security Fairness Act has advanced this legislation to a stage that no other WEP/GPO repeal effort has reached before—a floor vote. The passage of this bill would be a significant victory for public servants who have long been penalized for splitting their careers between government and private sector work.
What Are the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO)?
The WEP and GPO are two Social Security rules that reduce benefits for those who receive pensions from federal, state, or local government jobs not covered by Social Security. These rules were enacted to prevent “double-dipping” into both government pensions and full Social Security benefits, but they have long been criticized as unfair to workers who split their careers between public and private sectors.
- Windfall Elimination Provision (WEP):
The WEP affects the Social Security benefits of government employees who also worked in jobs that contributed to Social Security. Instead of receiving the full Social Security benefit based on their private sector work, their benefit is reduced, sometimes significantly. The provision impacts approximately 2 million former federal, state, and local government workers. - Government Pension Offset (GPO):
The GPO reduces spousal and survivor Social Security benefits if the recipient is also entitled to a government pension from non-Social Security-covered employment. The reduction is two-thirds of the government pension, which can lead to a complete loss of spousal or survivor benefits. Nearly 800,000 retirees are affected by this rule.
The Social Security Fairness Act: A Legislative Push for Repeal
Introduced by Reps. Abigail Spanberger (D-Va.) and Garrett Graves (R-La.), the Social Security Fairness Act aims to fully repeal both the WEP and GPO without replacing them with a new, complicated formula, as other bills have proposed. The bill has garnered widespread bipartisan support, with 325 co-sponsors in the House and 62 co-sponsors in the Senate.
Despite this broad backing, the legislation has faced delays. As of August, Spanberger and Graves took the bold step of filing a discharge petition, a rare legislative maneuver designed to force a vote on the House floor. The petition successfully gathered the 218 signatures needed, meaning the bill will move forward for a floor vote after a mandatory seven-day waiting period. However, with other pressing legislative issues, such as the fiscal 2025 spending levels and potential government shutdowns, the earliest the vote might occur is in November.
The Importance of Repealing WEP and GPO
For more than four decades, public servants such as teachers, firefighters, police officers, and other state and local government workers have seen their Social Security benefits unfairly reduced because of these provisions. Many of these individuals contributed to Social Security while working in the private sector but found their retirement benefits diminished or eliminated due to their government employment.
Abigail Spanberger highlighted the injustice during a press conference, saying, “These Americans shouldn’t have their retirement benefits slashed, and in some cases eliminated completely, just because they chose to dedicate their careers to serving our communities.”
If passed, the Social Security Fairness Act would restore full Social Security benefits to millions of public sector retirees, providing them with the retirement income they rightfully deserve.
Next Steps and Senate Challenges
Although the House is on track for a floor vote, the bill still faces challenges in the Senate. The Senate’s companion bill has not yet seen significant movement, and while it has strong bipartisan support, advocacy groups like the National Active and Retired Federal Employees Association (NARFE) emphasize the importance of pressing senators to prioritize the bill before the end of the year.
As John Hatton, NARFE’s staff vice president of policy and programs, said, “Floor time will be at a premium in the lame-duck session. We’ll need to press senators to prioritize consideration prior to the end of the year, before the clock runs out.”
Potential Benefits for the Social Security Administration
Beyond aiding retirees, eliminating WEP and GPO could also ease the administrative burden on the Social Security Administration (SSA). Otis Johnson, national vice president of AFGE District 14, said, “It will also lift a heavy burden off the workers at the Social Security Administration, allowing the agency to better serve the public.”
The SSA has faced staffing shortages and growing backlogs, and simplifying its processes by eliminating these complex provisions would allow it to focus on improving service for beneficiaries.
A Test of Bipartisanship
The success of the Social Security Fairness Act will be a test of the bipartisan resolve of Congress. With substantial support from both sides of the aisle, the question remains: will lawmakers be willing to push this bill over the finish line and finally eliminate these long-criticized provisions?
As John Hatton remarked, “With a bill with such overwhelming bipartisan support in both the House and Senate, will it get the votes that it deserves?”
Ultimately, the Social Security Fairness Act represents a long-overdue opportunity to correct an unfair reduction in benefits that has impacted millions of public servants for decades. As the bill moves closer to a vote, advocates continue to push for action, recognizing the importance of restoring benefits not just for retirees but for the integrity of the Social Security system itself. While challenges remain, the momentum behind this bill suggests that a solution may finally be within reach.