2017 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 22
BY SENATORS MIZELL, ALARIO, APPEL, CHABERT, CORTEZ, DONAHUE,
ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LAFLEUR, LAMBERT,
LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MORRELL,
PEACOCK, PERRY, RISER, JOHN SMITH, TARVER, THOMPSON,
WALSWORTH AND WHITE AND REPRESENTATIVES CHAD
BROWN, TERRY BROWN, ROBBY CARTER, CHANEY, COX,
LANCE HARRIS, HILL, HOFFMANN, HOWARD, JONES, MACK,
GREGORY MILLER, PEARSON, POPE, REYNOLDS, SCHRODER
AND STAGNI
A CONCURRENT RESOL UTION
To memorialize the Congress of the United States 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.
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, payable to any person who also receives a public pension benefit earned in public
employment not covered by Social Security; and
WHEREAS, the GPO can negatively affect a spouse or survivor receiving a federal,
state, or local government retirement or pension benefit earned in public employment not
covered by Social Security 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 even though the spouse paid Social Security taxes throughout the marriage;
and
WHEREAS, according to recent Social Security Administration figures, more than
half a million individuals nationally are affected by the GPO; and
WHEREAS, the WEP applies to those persons who have earned federal, state, or
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local government retirement or pension benefits in public employment not covered by Social
Security, in addition to working in employment covered by 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 by 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, according to recent Social Security Administration figures, more than
one and a half million individuals nationally are affected by the WEP; and
WHEREAS, in certain circumstances both the WEP and the 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, because of the calculation characteristics of the WEP and the GPO, they
have a disproportionately negative effect on employees working in lower-wage government
jobs, like teachers, school workers, and state employees; and
WHEREAS, the number of people affected by the WEP and the GPO is growing as
nearly 10,000 baby boomers reach retirement age each day; and
WHEREAS, individuals drastically affected by the WEP and the GPO may have no
choice but to return to work after retirement in order to make ends meet, but the earnings
accumulated during a return to work in the public sector may further reduce the Social
Security benefits the individual is entitled to; and
WHEREAS, the WEP and the GPO are established in federal law, and repeal or
reduction of the WEP and the GPO can only be enacted by Congress.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
memorialize the United States Congress to take such actions as are necessary to review the
Government Pension Offset and the Windfall Elimination Provision Social Security benefit
reductions and to consider eliminating or reducing them.
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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.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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