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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 57
BY REPRESENTATIVE HOFFMANN
A CONCURRENT RESOLUTI ON
To memorialize the Congress of the United States to review and consider eliminating
provisions of federal law which reduce Social Security benefits for those receiving
pension benefits from federal, state, or local government retirement or pension
systems, plans, or funds.
WHEREAS, the Congress of the United States has enacted both the Government
Pension Offset (GPO), reducing the spousal and survivor Social Security benefit, and the
Windfall Elimination Provision (WEP), reducing the earned Social Security benefit for any
person who also receives a public pension benefit; and
WHEREAS, the intent of congress in enacting the GPO and the WEP provisions was
to address concerns that a public employee who had worked primarily in federal, state, or
local government employment might receive a public pension in addition to the same Social
Security benefit as a person who had worked only in employment covered by Social Security
throughout his career; and
WHEREAS, the purpose of congress in enacting these reduction provisions was to
provide a disincentive for public employees to receive two pensions; and
WHEREAS, the GPO negatively affects a spouse or survivor receiving a federal,
state, or local government retirement or pension benefit who would also be entitled to a
Social Security benefit earned by a spouse; and
WHEREAS, the GPO formula reduces the spousal or survivor Social Security benefit
by two-thirds of the amount of the federal, state, or local government retirement or pension
benefit received by the spouse or survivor, in many cases completely eliminating the Social
Security benefit; and
WHEREAS, nine out of ten public employees affected by the GPO lose their entire
spousal benefits, even though their spouses paid Social Security taxes for many years; and ENROLLEDHCR NO. 57
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WHEREAS, the GPO often reduces spousal benefits so significantly it makes the
difference between self-sufficiency and poverty; and
WHEREAS, the GPO has a harsh effect on thousands of citizens and undermines the
original purpose of the Social Security dependent/survivor benefit; and
WHEREAS, the GPO negatively impacts approximately 28,825 Louisianians; and
WHEREAS, the WEP applies to those persons who have earned federal, state, or
local government retirement or pension benefits, in addition to working in employment
covered under Social Security and paying into the Social Security system; and
WHEREAS, the WEP reduces the earned Social Security benefit using an averaged
indexed monthly earnings formula and may reduce Social Security benefits for affected
persons by as much as one-half of the retirement benefit earned as a public servant in
employment not covered under Social Security; and
WHEREAS, the WEP causes hardworking individuals to lose a significant portion
of the Social Security benefits that they earn themselves; and
WHEREAS, the WEP negatively impacts approximately 27,755 Louisianians; and
WHEREAS, because of these calculation characteristics, the GPO and the WEP have
a disproportionately negative effect on employees working in lower-wage government jobs,
like policemen, firefighters, teachers, and state employees; and
WHEREAS, these provisions also have a greater adverse effect on women than on
men because of the gender differences in salary that continue to plague our nation and
because of the longer life expectancy of women; and
WHEREAS, Louisiana is making every effort to improve the quality of life of its
citizens and to encourage them to live here lifelong, yet the current GPO and WEP
provisions compromise that quality of life; and
WHEREAS, retired individuals negatively affected by GPO and WEP have
significantly less money to support their basic needs and sometimes have to turn to
government assistance programs; and
WHEREAS, the GPO and the WEP penalize individuals who have dedicated their
lives to public service by taking away benefits they have earned; and
WHEREAS, our nation should respect, not penalize, public servants; and ENROLLEDHCR NO. 57
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WHEREAS, the number of people affected by GPO and WEP is growing every day
as more and more people reach retirement age; and
WHEREAS, the GPO and WEP are established in federal law, and repeal of the GPO
and the WEP can only be enacted by the United States Congress.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
memorialize the Congress of the United States to review the Government Pension Offset and
the Windfall Elimination Provision Social Security benefit reductions and to consider
eliminating or reducing them by enacting the Social Security Fairness Act of 2011 (H.R.
1332), the Public Servant Retirement Protection Act of 2011 (S. 113), or a similar
instrument.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
to the secretary of the United States Senate and the clerk of the United States House of
Representatives and to each member of the Louisiana delegation to the United States
Congress.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE