2020 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 34
BY SENATORS MIZELL, ABRAHAM, ALLAIN, BARROW, BERNARD, CLOUD,
CONNICK, CORTEZ, FIELDS, HENSGENS, JOHNS, MCMATH,
MILLIGAN, FRED MILLS, ROBERT MILLS, PEACOCK, POPE,
PRICE, REESE, SMITH, TALBOT, TARVER AND WOMACK AND
REPRESENTATIVES ADAMS, AMEDEE, BACALA, BAGLEY,
BEAULLIEU, BROWN, CARRIER, ROBBY CARTER, WILFORD
CARTER, CORMIER, COX, DEVILLIER, EDMONDS,
EDMONSTON, FARNUM, FIRMENT, FRIEMAN, GADBERRY,
GAROFALO, GREEN, HARRIS, HILFERTY, HOLLIS, ILLG,
JEFFERSON, JENKINS, TRAVIS JOHNSON, JONES, JORDAN,
KERNER, MCCORMICK, MCMAHEN, DUSTIN MILLER, MINCEY,
CHARLES OWEN, RISER, SCHAMERHORN, SEABAUGH, ST.
BLANC, THOMAS, THOMPSON, W HEAT AND WHITE
A CONCURRENT RESOL UTION
To memorialize the Congress of the United States to support H.R. 141 and S. 521 of the
116th Congress, the Social Security Fairness Act, and to take such other 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 retired public employee receiving a
federal, state, or local government retirement or pension benefit earned in employment not
covered by Social Security who would also be entitled to a Social Security benefit earned
by the retiree's 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
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benefit received by the retired public employee, in many cases completely eliminating the
Social Security benefit even though the retiree's spouse paid Social Security taxes
throughout the marriage; and
WHEREAS, according to the Congressional Research Service, nearly seven hundred
thousand people were affected by the GPO in December 2018, including more than thirty-
seven thousand Louisianians; and
WHEREAS, the WEP applies to those persons who have earned federal, state, or
local government retirement or pension benefits in public employment not covered by Social
Security, in addition to paying social security taxes while working in employment covered
by Social Security; 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 earned themselves; and
WHEREAS, according to the Congressional Research Service, nearly two million
people, or about three percent of all Social Security beneficiaries were affected by the WEP
in December 2019; 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 ten thousand baby boomers attain 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
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accumulated during reemployment in the public sector may further reduce the Social
Security benefits the individual is entitled to; and
WHEREAS, the global pandemic, the current financial market volatility, medical
advances increasing longevity, and the escalating cost of health care further contribute to the
expenses that those of social security age must bear; and
WHEREAS, the WEP and the GPO are established in federal law, and repeal or
reduction of the WEP and the GPO can be enacted only 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 by supporting H.R. 141 and S. 521
of the 116th Congress, the Social Security Fairness Act.
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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