After years in the making, the US Senate passed H.R. 82, or the Social Security Fairness Act, by a vote of 76 to 20. The Social Security Fairness Act (S. 597 / H.R. 82) seeks to repeal two provisions, the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP), that unfairly reduced Social Security benefits for public employees with non-Social Security-covered pensions. These provisions were designed to adjust benefits for higher-income earners but have disproportionately harmed lower-income and middle-class retirees. The bill is expected to be signed into law by President Biden. Here’s what you need to know.

How Did the Government Pension Offset and Windfall Elimination Provision Previously Affect Disability Benefits and Pensions?

GPO reduced or eliminated Social Security spousal and widow(er)’s benefits for public employees with a non-covered pension, which would potentially have cut these benefits to zero if their pension exceeded two-thirds of their Social Security benefit.

WEP reduced the Social Security benefits of workers with non-covered pensions and Social Security-eligible employment, which affected those whose work history covered 30 years of work by cutting benefits by up to 55%.

The Legislative Solution: H.R. 82, The Social Security Fairness Act

The Social Security Fairness Act aims to provide relief to affected individuals by repealing both the GPO and WEP and restoring full Social Security benefits to those affected by these provisions. While the bill will cost an estimated $183 billion over the next ten years, it has significant support from organizations like AFSCME (American Federation of State, County, and Municipal Employees), which sees the repeal as a crucial step in restoring Social Security fairness for public-sector employees, such as police and firefighters.

What If You Were Previously Impacted by GPO or WEP?

The Social Security Administration is evaluating how to implement The Social Security Fairness Act, HR 82. If you previously filed for Social Security benefits and were partially or completely offset, SSA is recommending you verify that they have your current mailing address and direct deposit information by creating a personal my Social Security account. Visit www.ssa.gov/myaccount to sign in or create your account. If you are receiving a public pension and have not yet filed for benefits, have not yet filed for benefits, you may file online or schedule an appointment.   If filing for disability benefits you should consult a disability attorney. 

SSA plans to provide ongoing updates regarding implementation on their website at: Social Security Fairness Act: Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) update | SSA

Social Security Attorneys Who Care: Disability Attorneys of Michigan

At Disability Attorneys of Michigan, our experienced team of Social Security Disability lawyers is committed to helping individuals secure the benefits they are entitled to by law. Whether you’re applying for Social Security Disability benefits or have been denied, we can provide the guidance and support you need.

Contact us today by submitting a form online or call our office at 800-949-2900 for a free case evaluation.