Legislation to repeal the Windfall Elimination Provision amasses bipartisan support

Key Takeaways

On September 25, Reps. Garret Graves (R-La.) and Abigail Spanberger (D-Va.) led a discharge petition for the bipartisan Social Security Fairness Act (H.R. 82) which would repeal the Windfall Elimination Provision (WEP) that impacts the retirement benefits of certain public sector employees. Eliminating the WEP would give public employees access to their full social security benefits, putting an end to a reduction of benefits for 2.1 million county and state employees.  

What to know about the Windfall Elimination Provision

The WEP is a formula used to calculate Social Security benefits for individuals who have worked both public and private sector jobs, leaving them with both social security benefits and non-covered pensions at retirement.

The WEP was created to minimize “double-dipping” between government pensions and Social Security but ultimately penalizes those who have served in both sectors and reduces their benefits.  

This penalty is particularly salient given county workforce shortages, potentially deterring talent from serving in the public sector.  

What is the state of the Social Security Fairness Act?  

On September 25, Reps. Graves and Spanberger led a successful discharge petition for H.R. 82, reaching the 216 members needed to force a vote on the bill.  

However, on September 27, the U.S. Congress adjourned for recess, allowing lawmakers to campaign for the final month before the election, and is not scheduled to return to Washington, D.C. until November 12. Currently, the timing of a vote is unclear. The House Ways & Means Committee could hold a markup of the bill before the window for a vote expires, which would essentially negate the discharge petition and put the bill’s fate and timing back in U.S. House leadership's hands.  

The Senate companion bill (S. 597) is led by Sens. Sharrod Brown (D-Ohio) and Susan Collons (R-Maine) and has 62 cosponsors—enough to invoke cloture and pass in the Senate.  

Counties urge the U.S. Congress to enact legislation reforming the WEP to make benefits fairer to individuals who split their careers between the private and public sector. NACo will continue to track the Social Security Fairness Act and WEP and keep members updated with any changes.