WEP-GPO repeal bill passes US House

A message from m the OP&F Executive Director: 

The U.S. House of Representatives has taken a set of historic votes on legislation to repeal the Social Security penalties that affect public sector workers who earn both a pension from employment that is not covered by Social Security, such as 28 percent of state and local governmental workers, and earn a Social Security benefit. The penalties are the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). 

 A two-thirds vote was necessary for House passage because the bills were considered under a “suspension of the rules” procedure. 

 The WEP-GPO repeal bill (H.R. 82) was approved by the full House by a vote of 327 to 75. Please find the roll call vote here. The link allows you to search by party, state, or individual House Member. 

During the debate on H.R. 82, House Ways and Means Committee Chairman Jason Smith (R-MO) stated that repeal was far from a perfect solution, that the cost to the Social Security trust fund is almost $200 billion over 10 years and would accelerate by six months the insolvency of the trust fund. However, he stated that he shares the goal of providing real relief and asked Members and stakeholders to work with him to find a bipartisan solution. Chairman Smith voted present on final passage of H.R. 82. 

 A second vote was taken on a WEP-only formula change bill (H.R. 5342). This bill was defeated by a vote of 175 to 225. Please find the roll call vote here. H.R. 5342 is largely a GOP initiative, with 36 Republican cosponsors and only one Democrat. In past Congresses there have been Democratic proposals along the same lines, e.g., providing some relief to those currently affected by WEP and establishing a new proportional formula for benefits of those workers with a mixed Social Security work history. The WEP-only bill was touted by its proponents as a fiscally responsible approach to the injustice of the WEP penalty, and one that would use the Social Security Administration’s new data sources to formulate a fair benefit. 

 The focus now turns to the Senate for potential action during the lame-duck session. Proponents of WEP-GPO repeal will be pressing Senators to schedule and vote on the House-approved bill. A companion Senate bill, S. 597, has 62 cosponsors. Sixty votes are needed to break a threatened filibuster on legislation, so there would be little room for error if the bill is brought to the Senate floor as standalone legislation. Given the Senate rules, it may be a more productive route for advocates to attempt to attach WEP-GPO repeal to an end-of-year, must-pass bill. 

 We encourage you to call Senator Vance and Brown to voice your support for passage of the bill which would remove the penalty on so many public safety officers.

 Mary Beth Foley 

OP&F Executive Director

posted 11/25/2024