Kentucky 2023 Regular Session

Kentucky House Bill HR12 Latest Draft

Bill / Introduced Version

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A RESOLUTION urging the United States Congress to amend Title II of the Social 1 
Security Act to repeal the Government Pension Offset Provision and the Windfall 2 
Elimination Provision. 3 
WHEREAS, the Social Security Act includes the Government Pension Offset 4 
Provision and the Windfall Elimination Provision, which reduce the Social Security 5 
benefits payable to persons who are entitled to benefits under other retirement systems 6 
under certain conditions; and  7 
WHEREAS, the Government Pension Offset Provision reduces public employees' 8 
Social Security spousal or survival benefits by up to two-thirds of their public pensions; 9 
and 10 
WHEREAS, the Windfall Elimination Provision reduces the earned Social Security 11 
benefits of an individual who also receives a public pension from a job not covered by 12 
Social Security; and 13 
WHEREAS, the Government Pension Offset Provision and the Windfall 14 
Elimination Provision have inequitable effects on many teachers, firefighters, police, 15 
postal workers, and others who have struggled their entire working careers to supplement 16 
family budgets and retirement savings with part-time and summer jobs where they paid 17 
into Social Security; and  18 
WHEREAS, the Congressional Research Service released data in December 2021 19 
showing that the Government Pension Offset Provision disproportionately affects women, 20 
who accounted for 83 percent all persons affected by the provision; and 21 
WHEREAS, 82 percent of all Kentuckians affected by the Government Pension 22 
Offset Provision lose their entire spousal benefit, even though their spouses paid Social 23 
Security taxes for many years; and  24 
WHEREAS, the Government Pension Offset Provision and the Windfall 25 
Elimination Provision impact the teaching profession, as individuals who worked in other 26 
careers are less likely to desire to become educators if doing so will result in the loss of 27  UNOFFICIAL COPY  	23 RS BR 370 
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earned Social Security benefits; and 1 
WHEREAS, the Government Pension Offset Provision has the severest effect on 2 
widowed lower-income women, who have worked for years and can least afford reduced 3 
benefits; and 4 
WHEREAS, the amounts lost due to the Government Pension Offset Provision and 5 
the Windfall Elimination Provision can make the difference between self-sufficiency and 6 
poverty; and 7 
WHEREAS, Kentucky is one of the 20 states most impacted by the Government 8 
Pension Offset Provision and the Windfall Elimination Provision; and  9 
WHEREAS, bipartisan legislation concerning the repeal of the Government Pension 10 
Offset Provision and the Windfall Elimination Provision was introduced in the 117th 11 
Congress; 12 
NOW, THEREFORE, 13 
Be it resolved by the House of Representatives of the General Assembly of the 14 
Commonwealth of Kentucky: 15 
Section 1.   This honorable body respectfully urges the United States Congress to 16 
amend Title II of the Social Security Act to repeal the Government Pension Offset 17 
Provision and the Windfall Elimination Provision. 18 
Section 2.   The Clerk of the House of Representatives is directed to transmit a 19 
copy of this Resolution to the President of the United States and the members of the 20 
Kentucky Congressional Delegation. 21