The TEXPERS Blog

Texas Governor Signs House Resolution Urging Congress to Repeal Social Security Act Provisions

By Allen Jones, TEXPERS Communications Manager

Texas Gov. Greg Abbott signed May 27 a state House resolution urging Congress to repeal Social Security Act provisions that diminish the retirement earnings of public employees.

TEXPERS supported the measure, House Concurrent Resolution 19, which was sent to the governor's office May 17 after being adopted by both the House and Senate. A related resolution, SCR 5 had been proposed in the Senate but didn't make it out of the state legislature.

Concurrent resolutions may be used to request action from other entities, including Congress, or for memorials, congratulations, or commendations. The resolution requests Congress to revoke the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act. 

Public employees who receive a pension based on work for a federal, state or local government where Social Security taxes are not withheld may find their Social Security benefits reduced because of legislation enacted by Congress in 1977 and 1983. The Government Pension Offset, or GPO, applies to those eligible for Social Security spouse's or widow's or widower's benefits. The Windfall Elimination Provision, or WEP, applies to those eligible for their own Social Security benefit.

HCR 19 was authored by Rep. Abel Herrero, D-Corpus Christi. The resolution refers to the Social Security provisions as "punitive and discriminatory" stipulations that target "hundreds of thousands of teachers, police officers, firefighters, and other public servants."

"The GPO and WEP as applied to public employees are 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," according to the resolution.

Sen. Sherrod Brown.

The resolution is to be submitted to Congressional leadership, urging them to repeal the GPO and WEP offsets. In the U.S. Senate, S.521, filed by Sen. Sherrod Brown, D-Ohio, is currently in the Senate Committee on Finance and calls for the elimination of the offset and windfall provisions from the Social Security Act. Co-sponsors of the bill are Sen. Susan M. Collins, R-Maine, Sen. Tammy Baldwin, D-Wisconsin, and Sen. Lisa Murkowski, R-Alaska. A related bill has yet to be filed.

During the 86th legislative session, TEXPERS officials announced their support for the repeals, and asked its members to lobby legislators to pass the resolution. TEXPERS isn't alone in supporting efforts to repeal the two Social Security Act provisions. 

Texas is among 15 states affected by WEP and GPO offsets. Other states include Alaska, California, Colorado, Connecticut, Georgia, Kentucky, Louisiana, Maine, Missouri, Massachusetts, Ohio, Rohde Island, Nevada and Illinois.

The GPO and WEP measures, according to the National Committee to Preserve Social Security and Medicare, were once "intended to address a perceived inequity between those who spent a lifetime working and paying into Social Security and government employees who did not pay into the system." In the more than 30 years since Congress enacted the provisions, the measures have "proved to be both unfair and unworkable," according to the National Committee.