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Regular Session, 2014 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 5
BY SENATORS GUILLORY, ALARIO, ALLAIN, APPEL, BROOME, BROWN,
CORTEZ, CROWE, DONAHUE, ERDEY, KOSTELKA, LAFLEUR,
LONG, MILLS, NEVERS, PEACOCK, RI SER, GARY SMITH,
TARVER, THOMPSON, WALSWORTH AND WHITE AND
REPRESENTATIVES HENRY BURNS, HOFFMANN, JONES,
MILLER, PEARSON AND PRICE
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 of America 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, congress enacted these reduction provisions 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 earned by the spouse even though the spouse paid Social Security taxes for
many years; and
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 over thirty thousand Louisianians; and SCR NO. 5 ENROLLED
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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 over thirty thousand Louisianians; and
WHEREAS, in certain circumstances both the WEP and GPO can be applied to a
qualifying survivor's benefit, each independently reducing the available benefit and in
combination eliminating a large portion of the total Social Security benefit available to the
survivor; and
WHEREAS, the calculation characteristics of 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, 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 their quality of life; and
WHEREAS, individuals drastically affected by the GPO or WEP may have no choice
but to return to work after retirement in order to make ends meet, but the income earned
during this post-retirement employment may cause additional reductions to the Social
Security benefits to which the individual is entitled; and
WHEREAS, retired individuals affected by both GPO and WEP have significantly
less money to support their basic needs and sometimes must rely on government assistance
programs to bridge the gap; 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 SCR NO. 5 ENROLLED
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WHEREAS, the number of people affected by the GPO and WEP is growing daily
as the baby boomers attain retirement age and advances in health care increase longevity;
and
WHEREAS, the GPO and WEP are established in federal law, and repeal of the GPO
and the WEP can only be enacted by congress.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
memorialize the Congress of the United States of America 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 2013 (S. 896 and H.R. 1795).
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
presiding officers of the Senate and the House of Representatives of the Congress of the
United States of America and to each member of the Louisiana congressional delegation.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES