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Regular Session, 2010
SENATE CONCURRENT RESOLUTI ON NO. 6
BY SENATOR B. GAUTREAUX AND REPRESENTATI VE ROBIDEAUX
CONGRESS. Memorializes Congress to eliminate or reduce the Social Security reductions
known as the Government Pension Offset and the Windfall Elimination Provision.
A CONCURRENT RESOLUTI ON1
To memorialize the Congress of the United States to review and consider eliminating2
provisions of federal law which reduce Social Security benefits for those receiving3
pension benefits from federal, state, or local government retirement or pension4
systems, plans, or funds.5
WHEREAS, the Congress of the United States has enacted both the Government6
Pension Offset (GPO), reducing the spousal and survivor Social Security benefit, and the7
Windfall Elimination Provision (WEP), reducing the earned Social Security benefit for any8
person who also receives a public pension benefit; and9
WHEREAS, the intent of Congress in enacting the GPO and the WEP provisions was10
to address concerns that a public employee who had worked primarily in federal, state, or11
local government employment might receive a public pension in addition to the same Social12
Security benefit as a person who had worked only in employment covered by Social Security13
throughout his career; and14
WHEREAS, the purpose of Congress in enacting these reduction provisions was to15
provide a disincentive for public employees to receive two pensions; and16
WHEREAS, the GPO negatively affects a spouse or survivor receiving a federal,17
state, or local government retirement or pension benefit who would also be entitled to a18 SCR NO. 6
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Social Security benefit earned by a spouse; and1
WHEREAS, the GPO formula reduces the spousal or survivor Social Security benefit2
by two-thirds of the amount of the federal, state, or local government retirement or pension3
benefit received by the spouse or survivor, in many cases completely eliminating the Social4
Security benefit; and5
WHEREAS, nine out of ten public employees affected by the GPO lose their entire6
spousal benefits, even though their spouses paid Social Security taxes for many years; and7
WHEREAS, the GPO often reduces spousal benefits so significantly it can make the8
difference between self-sufficiency and poverty; and9
WHEREAS, the GPO has a harsh effect on thousands of citizens and undermines the10
original purpose of the Social Security dependent/survivor benefit; and11
WHEREAS, the GPO negatively impacts approximately 21,900 Louisianans; and12
WHEREAS, the WEP applies to those persons who have earned federal, state, or13
local government retirement or pension benefits, in addition to working in employment14
covered under Social Security and paying into the Social Security system; and15
WHEREAS, the WEP reduces the earned Social Security benefit using an averaged16
indexed monthly earnings formula and may reduce Social Security benefits for affected17
persons by as much as one-half of the retirement benefit earned as a public servant in18
employment not covered under Social Security; and19
WHEREAS, the WEP causes hard-working individuals to lose a significant portion20
of the social security benefits that they earn themselves; and 21
WHEREAS, the WEP negatively impacts approximately 18,300 Louisianans; and22
WHEREAS, because of these calculation characteristics, the GPO and the WEP have23
a disproportionately negative effect on employees working in lower-wage government jobs,24
like policemen, firefighters, teachers, and state employees; and25
WHEREAS, many workers rely on Social Security Administration Annual26
Statements that fail to take into account the GPO and WEP when projecting benefits; and27
WHEREAS, because the Social Security benefit statements do not calculate the GPO28
and the WEP, many public employees in Louisiana are unaware that their expected Social29
Security benefits shown on such statements will be significantly lower or nonexistent due30 SCR NO. 6
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to the service in public employment; and1
WHEREAS, these provisions also have a greater adverse effect on women than on2
men because of the gender differences in salary that continue to plague our nation and the3
longer life expectancy of women; and4
WHEREAS, Louisiana is making every effort to improve the quality of life of its5
citizens and to encourage them to live here lifelong, yet the current GPO and WEP6
provisions compromise that quality of life; and7
WHEREAS, retired individuals negatively affected by GPO and WEP have8
significantly less money to support their basic needs and sometimes have to turn to9
government assistance programs; and10
WHEREAS, the GPO and the WEP penalize individuals who have dedicated their11
lives to public service by taking away benefits they have earned; and12
WHEREAS, our nation should respect, not penalize, public service; and13
WHEREAS, the number of people affected by GPO and WEP is growing every day14
as more and more people reach retirement age; and 15
WHEREAS, the GPO and WEP are established in federal law and repeal of the GPO16
and the WEP can only be enacted by the United States Congress. 17
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby18
memorialize the Congress of the United States to review the GPO and the WEP Social19
Security benefit reductions and to consider eliminating or reducing them by enacting the20
Social Security Fairness Act of 2009 (H.R. 235 or S. 484), the Public Servant Retirement21
Protection Act of 2009 (H.R. 1221, S. 490), the Windfall Elimination Provision Relief Act22
of 2009 (H.R. 2145), or a similar instrument.23
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted24
to the secretary of the United States Senate and the clerk of the United States House of25
Representatives and to each member of the Louisiana delegation to the United States26
Congress.27 SCR NO. 6
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren B. Bailey.
DIGEST
Memorializes Congress to review the provisions of federal law which reduce Social Security
benefits for those receiving pensions from federal, state, or local governmental retirement
systems.