Texas 2009 81st Regular

Texas House Bill HCR61 House Committee Report / Bill

Filed 02/01/2025

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                    81R5403 CBE-D
 By: Herrero, Gattis, Truitt, et al. H.C.R. No. 61


 HOUSE CONCURRENT RESOLUTION
 WHEREAS, Social security is the foundation for retirement
 income for millions of American workers and their families;
 two-thirds of those older Americans who receive program benefits
 rely on social security for 50 percent or more of their total
 income, one-third rely on it for 90 percent or more, and for 21
 percent it is their only source of income; and
 WHEREAS, Two social security provisions, however, the
 Government Pension Offset (GPO), enacted in 1977, and the Windfall
 Elimination Provision (WEP), enacted in 1983, severely and unfairly
 penalize recipients of public pensions; and
 WHEREAS, The GPO effectively prohibits some government
 retirees from collecting both their own pension and full social
 security benefits as a surviving spouse; an estimated 9 out of 10
 public employees affected by the GPO lose their entire spousal
 benefit, even though their deceased spouses paid social security
 taxes for many years; and
 WHEREAS, The WEP reduces the social security benefit for
 public employees who did not participate in social security while
 working for the government, but who at some time in their careers
 were in jobs where they paid social security taxes for the period
 required to qualify for retirement benefits; the WEP can deprive a
 retiree of nearly $300 a month in social security benefits duly
 earned by that individual; and
 WHEREAS, Although these provisions were intended to curtail
 the payment of windfall benefits to highly paid government
 employees, in practice they have had and continue to have
 devastating consequences for low-income employees who worked for
 many years as public servants; more than one million government
 employees and retirees are affected by either the GPO or the WEP or
 both, and the repercussions are felt most acutely in Texas and 14
 other states where a high proportion of public employees
 participate in state or municipal retirement systems that do not
 include social security; the cumulative loss of benefits as a
 result of these penalties over the next 10 years has been projected
 by the Congressional Budget Office to exceed $60 billion; and
 WHEREAS, These punitive and discriminatory provisions target
 hundreds of thousands of teachers, police officers, firefighters,
 and other public servants; although the vast majority of Texas
 school employees participate in the state's teacher retirement
 system and therefore are not required to and do not participate in
 the social security system, many Texas teachers and other public
 school employees nonetheless have earned social security benefits
 on their own behalf through other employment, the WEP
 notwithstanding, or would be entitled to spousal social security
 benefits based on their spouses' lifetime earnings were it not for
 the GPO penalty; these provisions cause veteran teachers to retire
 prematurely and discourage qualified individuals from entering the
 teaching profession at precisely the time that Texas and the nation
 face a severe shortage of highly qualified educators; and
 WHEREAS, The GPO and WEP as applied to public employees is
 unreasonable and unjust and will cause tens of thousands of
 government retirees to experience a diminished quality of life or
 be forced to return to work to make up for the effects of these
 provisions; now, therefore, be it
 RESOLVED, That the 81st Legislature of the State of Texas
 hereby respectfully urge the Congress of the United States to
 repeal the Government Pension Offset and the Windfall Elimination
 Provision of the Social Security Act; and, be it further
 RESOLVED, That the Texas secretary of state forward official
 copies of this resolution to the president of the United States, to
 the speaker of the house of representatives and the president of the
 senate of the United States Congress, and to all the members of the
 Texas delegation to the congress with the request that this
 resolution be officially entered in the Congressional Record as a
 memorial to the Congress of the United States of America.