HLS 16RS-347 ENGROSSED
2016 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 12
BY REPRESENTATIVE FRANKLIN
SOCIAL SECURITY SYS: Memorializes congress to consider eliminating the Windfall
Elimination Provision (WEP) and the Government Pension Offset (GPO) Social
Security benefit reductions
1 A CONCURRENT RESOL UTION
2To memorialize the United States Congress to take such actions as are necessary to review
3 and consider eliminating provisions of federal law which reduce Social Security
4 benefits for those receiving pension benefits from federal, state, or local government
5 retirement or pension systems, plans, or funds.
6 WHEREAS, the Congress of the United States of America has enacted both the
7Government Pension Offset (GPO), reducing the spousal and survivor Social Security
8benefit, and the Windfall Elimination Provision (WEP), reducing the earned Social Security
9benefits payable to any person who also receives a public pension benefit; and
10 WHEREAS, the GPO negatively affects a spouse or survivor receiving a federal,
11state, or local government retirement or pension benefit who would also be entitled to a
12Social Security benefit earned by a spouse; and
13 WHEREAS, the GPO formula reduces the spousal or survivor Social Security benefit
14by two-thirds of the amount of the federal, state, or local government retirement or pension
15benefit received by the spouse or survivor, in many cases completely eliminating the Social
16Security benefit even though their spouses paid Social Security taxes for many years; and
17 WHEREAS, the GPO has a harsh effect on hundreds of thousands of citizens and
18undermines the original purpose of the Social Security dependent/survivor benefit; and
19 WHEREAS, according to recent Social Security Administration figures, more than
20half a million individuals nationally are affected by the GPO; and
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HCR NO. 12
1 WHEREAS, the WEP applies to those persons who have earned federal, state, or
2local government retirement or pension benefits, in addition to working in employment
3covered under Social Security and paying into the Social Security system; and
4 WHEREAS, the WEP reduces the earned Social Security benefit using an averaged
5indexed monthly earnings formula and may reduce Social Security benefits for affected
6persons by as much as one-half of the retirement benefit earned as a public servant in
7employment not covered under Social Security; and
8 WHEREAS, the WEP causes hardworking individuals to lose a significant portion
9of the Social Security benefits that they earn themselves; and
10 WHEREAS, according to recent Social Security Administration figures, more than
11one and a half million individuals nationally are affected by the WEP; and
12 WHEREAS, in certain circumstances both the WEP and GPO can be applied to a
13qualifying survivor's benefit, each independently reducing the available benefit and in
14combination eliminating a large portion of the total Social Security benefit available to the
15survivor; and
16 WHEREAS, because of the calculation characteristics of the GPO and the WEP, they
17have a disproportionately negative effect on employees working in lower-wage government
18jobs, like policemen, firefighters, teachers, and state employees; and
19 WHEREAS, Louisiana is making every effort to improve the quality of life of its
20citizens and to encourage them to live here lifelong, yet the current GPO and WEP
21provisions compromise their quality of life; and
22 WHEREAS, the number of people affected by GPO and WEP is growing every day
23as more and more people reach retirement age; and
24 WHEREAS, individuals drastically affected by the GPO or WEP may have no choice
25but to return to work after retirement in order to make ends meet, but the earnings
26accumulated during this return to work can further reduce the Social Security benefits the
27individual is entitled to; and
28 WHEREAS, the GPO and WEP are established in federal law, and repeal of the GPO
29and the WEP can only be enacted by congress.
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HCR NO. 12
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2memorialize the United States Congress to take such actions as are necessary to review the
3Government Pension Offset and the Windfall Elimination Provision Social Security benefit
4reductions and to consider eliminating or reducing them.
5 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
6presiding officers of the Senate and the House of Representatives of the Congress of the
7United States of America and to each member of the Louisiana congressional delegation.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 12 Engrossed 2016 Regular Session Franklin
Memorializes congress to review and eliminate the provisions of federal law which reduce
Social Security benefits for persons receiving pensions from federal, state, or local
governmental retirement systems.
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