U.S. House Passes Bill to Repeal WEP and GPO: A Crucial Step for Public Employees
TEXPERS' Legislative Committee Chairperson Tyler Grossman is hopeful the Senate will now expand Social Security benefits to public employee pensioners, as the House passed Social Security Fairness Act enjoys rare bipartisan support on Nov. 12. But he says despite the measure's favorable odds, now isn't the time to relax.
The U.S. House of Representatives passed the Social Security Fairness Act, H.R. 82, which repeals the Windfall Elimination Provision and the Government Pension Offset, or WEP-GPO, with 327 to 75 approval. These provisions have long been controversial, especially for public sector employees who rely on pensions.
"It is important that [pension funds and TEXPERS' System Members] alike reach out to Senators Ted Cruz and John Cornyn via email, phone or mail," he says. "They have not taken any action, and Sen. Cornyn has signaled he may not be in favor of the repeal. The WEP-GPO punishes hard-working people who have dedicated their lives to public service by not supplying them with what they have earned in benefits."
The provisions penalize public sector workers who earn pensions from employment not covered by Social Security, such as 28% of state and local government workers and earn Social Security benefits, according to an April 4, 2023, Congressional Research Service report.
A Decisive Vote and Its Impact
The Senate version of the Social Security Fairness Act, S.B. 597, has 62 cosponsors, enough to get it passed; however, the bill still needs to be brought up for a vote by the chambers' leadership. And unless the Senate passes the bill by the end of the second session of Congress on Dec. 31, the bill dies.
As it stands, WEP reduces Social Security benefits for individuals who receive pensions from employment not covered by Social Security, such as teachers, police officers, and firefighters. This means that although these workers may have contributed to Social Security through other jobs, their benefits are reduced because of their non-covered pension. The WEP provision impacts about 2 million Social Security beneficiaries, according to a 2024 Congressional Research Service report.
GPO reduces Social Security spousal and survivor benefits, which can substantially decrease income for those who depend on a deceased or retired spouse's benefits. The GPO provision impacts nearly 800,000 retirees, according to a 2024 Congressional Research Service report.
Local Action
For years, TEXPERS members and other advocates have been vocal about the harm caused by these provisions. Recently, TEXPERS informed its members of H.R. 82, which includes 22 co-signers from Texas, encouraging them to engage with their Congressional representatives.
The El Paso Firemen & Policemen's Pension Fund Board of Trustees sent letters to its district's representatives and senators urging them to support the repeal of WEP-GPO. The Fund also sought the support of area Associations to do the same.
"El Passo's two Congress members were sponsors on the bill and voted 'yes' when the time came," says Grossman, also the CEO and CIO of the Fund. "There are many Texas Congress members who voted 'no.' They need to be aware that voters are watching their votes."
Grossman also met with El Paso's Congressional Representative, Veronica Escobar, to discuss the repeal of WEP-GPO (pictured below). As TEXPERS' Legislative Committee Chairperson, Grossman also urged the Association's System Members to meet their delegations, tell them who they are, and create a photo opportunity to email to the Association.
"Our elected officials need to know we are out here serving the public and our pension members. Not to mention we are voters too," he says.
TEXPERS' Board President Sherry Mose wrote a letter on behalf of the Association, urging the repeal of WEP-GPO, and sent it to Texas' Congressional leaders before the Nov. 12 vote.
"Being a public servant is demanding and takes a serious toll on the mind and body, especially for firefighters and police officers," Mose stated in the letter. "Unfortunately, under the existing WEP and GPO requirement, this dedication to public service is 'rewarded' by reducing retirement benefits. Over the course of their working lives, many public employees have held other jobs, including off-duty work, that require them to contribute to Social Security. When they have earned Social Security credits, these benefits are not fully realized because of the WEP and GPO provision of the Social Security Act."
Efforts by Other Groups
American Citizens Abroad, a Washington, DC-based nonprofit and nonpartisan advocacy organization that represents the legislative and regulatory concerns of six million U.S. citizens living and working overseas to the U.S. Government, also issued a statement that it is pleased with the House of Representatives vote in favor of the Social Security Fairness Act.
The ACA maintains that U.S. citizens who live or are living overseas should not be penalized by having their U.S. Social Security benefits reduced simply because they spent part of their careers abroad and contributed to foreign pension plans, in many cases mandated by the country where they are living. Previous drafts of WEP legislation have not included foreign pension recipients, whether they are U.S. citizens who live or have lived overseas. H.R. 82, as does the Senate companion bill S.B. 597, includes foreign pension recipients.
The ACA educated Representatives on how individuals receiving foreign pensions are not "double dipping," according to a news release provided by the ACA. These individuals have contributed fully to U.S. Social Security and their foreign pensions. The ACA continues to encourage its members and supporters to use its online advocacy campaign to write to their Representatives in Congress to help support ACA's efforts on Capitol Hill.
Advocacy efforts by ACA and the groups representing individuals affected, and by the organization's members and supporters, have paid off, says Jonathan Lachowitz, Chairman of the ACA.
"The support for H.R. 82 was bi-partisan, and that is a great success and a testament to the hard work all the organizations put behind their advocacy efforts," he says in the organization's news release. "Now it's onto the Senate."
What's Next in the Senate?
The next challenge lies in getting the Senate to consider and pass its version of the House bill. The legislation's future is uncertain and will require ongoing advocacy to keep the momentum going.
Many advocates hope that the bipartisan success in the House will serve as a catalyst for Senate action. With support from organizations like TEXPERS and the ACA, retirees, and even active employees who see their future Social Security benefits at risk, the focus now turns to building coalitions in the Senate to finally bring about the fairness that public employees deserve.
"Silence speaks volumes," Grossman says. "If you care about your benefit and financial well-being, then now is the time to say something."
TEXPERS members are encouraged to stay informed and proactively advocate for the repeal. Reaching out to Texas Senators and voicing support for this bill can be a critical part of the effort to ensure that public employees receive the benefits they've earned. Visit Congress.gov to look up Congressional members.