SLS 17RS-36 ORIGINAL
2017 Regular Session
SENATE CONCURRENT RESOL UTION NO. 22
BY SENATOR MIZELL
CONGRESS. 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
2 To memorialize the Congress of the United States to take such actions as are necessary to
3 review and consider eliminating provisions of federal law which reduce Social
4 Security benefits for those receiving pension benefits from certain federal, state, or
5 local government retirement or pension systems, plans, or funds.
6 WHEREAS, the Congress of the United States of America has enacted both the
7 Government Pension Offset (GPO), reducing the spousal and survivor Social Security
8 benefit, and the Windfall Elimination Provision (WEP), reducing the earned Social Security
9 benefit, payable to any person who also receives a public pension benefit earned in public
10 employment not covered by Social Security; and
11 WHEREAS, the GPO can negatively affect a spouse or survivor receiving a federal,
12 state, or local government retirement or pension benefit earned in public employment not
13 covered by Social Security who would also be entitled to a Social Security benefit earned
14 by a spouse; and
15 WHEREAS, the GPO formula reduces the spousal or survivor Social Security benefit
16 by two-thirds of the amount of the federal, state, or local government retirement or pension
17 benefit received by the spouse or survivor, in many cases completely eliminating the Social
18 Security benefit even though the spouse paid Social Security taxes throughout the marriage;
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SLS 17RS-36 ORIGINAL
1 and
2 WHEREAS, according to recent Social Security Administration figures, more than
3 half a million individuals nationally are affected by the GPO; and
4 WHEREAS, the WEP applies to those persons who have earned federal, state, or
5 local government retirement or pension benefits in public employment not covered by Social
6 Security, in addition to working in employment covered by Social Security and paying into
7 the Social Security system; and
8 WHEREAS, the WEP reduces the earned Social Security benefit using an averaged
9 indexed monthly earnings formula and may reduce Social Security benefits for affected
10 persons by as much as one-half of the retirement benefit earned as a public servant in
11 employment not covered by Social Security; and
12 WHEREAS, the WEP causes hardworking individuals to lose a significant portion
13 of the Social Security benefits that they earn themselves; and
14 WHEREAS, according to recent Social Security Administration figures, more than
15 one and a half million individuals nationally are affected by the WEP; and
16 WHEREAS, in certain circumstances both the WEP and the GPO can be applied to
17 a qualifying survivor's benefit, each independently reducing the available benefit and in
18 combination eliminating a large portion of the total Social Security benefit available to the
19 survivor; and
20 WHEREAS, because of the calculation characteristics of the WEP and the GPO, they
21 have a disproportionately negative effect on employees working in lower-wage government
22 jobs, like teachers, school workers, and state employees; and
23 WHEREAS, the number of people affected by the WEP and the GPO is growing as
24 nearly 10,000 baby boomers reach retirement age each day; and
25 WHEREAS, individuals drastically affected by the WEP and the GPO may have no
26 choice but to return to work after retirement in order to make ends meet, but the earnings
27 accumulated during a return to work in the public sector may further reduce the Social
28 Security benefits the individual is entitled to; and
29 WHEREAS, the WEP and the GPO are established in federal law, and repeal or
30 reduction of the WEP and the GPO can only be enacted by Congress.
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SLS 17RS-36 ORIGINAL
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2 memorialize the United States Congress to take such actions as are necessary to review the
3 Government Pension Offset and the Windfall Elimination Provision Social Security benefit
4 reductions and to consider eliminating or reducing them.
5 BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
6 to the secretary of the United States Senate and the clerk of the United States House of
7 Representatives and to each member of the Louisiana delegation to the United States
8 Congress.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SCR 22 Original 2017 Regular Session Mizell
Memorializes Congress to take such actions as are necessary to review and consider
eliminating provisions of federal law which reduce Social Security benefits for those
receiving pension benefits from certain federal, state, or local government retirement or
pension systems, plans, or funds.
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