Published: December 17, 2021
Last Updated: September 13, 2023
For more than 40 years, public employees in many states have been subject to punitive and discriminatory measures that reduce their Social Security benefits.
Called the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP), these rules have robbed firefighters, postal workers, police officers, and educators of the retirement income they earned since 1977 and 1983 respectively.
But on December 21—after decades of unflinching advocacy by NEA and allies—Congress voted to fully repeal these damaging provisions. The bill is now headed to President Joe Biden, who is expected to sign it into law in the coming days.
Read about the victory Frequently Asked Questions
Impact
More than 2.5 million hard-working Americans, including many educators, have their Social Security benefits reduced—or lose them entirely—due to the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO).
The WEP reduces the Social Security benefits of people who work in jobs covered by Social Security and jobs NOT covered by Social Security over the course of their careers—for example, educators compelled to take part-time or summer jobs to make ends meet. Some people receiving foreign pensions are also subject to the WEP.
The GPO reduces—or eliminates—the Social Security spousal or survivor benefits of people who also get a pension based on federal, state, or local government employment NOT covered by Social Security. Two-thirds of the pension amount is deducted from the Social Security benefit—for someone getting a $1,500 pension, for example, the Social Security benefit is lowered by $1,000. More than 70 percent of those affected by the GPO lose their entire spousal or survivor benefit.
NEA-Supported Bills
The bipartisan Social Security Fairness Act (S. 597/H.R. 82), introduced by Sens. Sherrod Brown (D-OH) and Susan Collins (R-ME) and Rep. Garrett Graves (R-LA-6) and Rep. Abigail Spanberger (D-VA-7), would fully repeal both the GPO and WEP.
The Social Security 2100 Act (S. 2280/H.R.4583), introduced by Sen. Richard Blumenthal (D-CT) and Rep. John Larson (D-CT), would fully repeal both the GPO and WEP, expand and strengthen benefits, and ensure that wealthier Americans pay their fair share.
The Social Security Expansion Act (S. 393/H.R. 1046), introduced by Sen. Sanders (I-VT) and Senator Warren (D-MA), and Rep. Janice Schakowsky (D-IL-9), phases out the payroll tax cap, increases benefits, and updates the formula for calculating the annual cost-of-living adjustment.
The Public Servants Protection and Fairness Act of 2023 (H.R. 426), introduced by Rep. Richard Neal (D-MA-1), would provide relief payments of $150 a month to current WEP retirees, establishes a new, fairer formula and a permanent benefit guarantee.
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Learn more about NEA-Retired
Now more than ever the commitment continues. Learn how NEA-Retired works to meet the needs of retired education employees (like Sam Evelyn Rock from the Chattanooga Hamilton County Retired Teachers Assn in Tennessee at right) and how to join.
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