Law enforcement group praises passage of Social Security Fairness Act


A law passed last week as Congress narrowly averted a partial government shutdown to address cuts in Social Security for some public sector workers was praised by law enforcement groups, despite criticism from opponents who said the cost would speed up the program’s insolvency. 

The Senate on Saturday overwhelmingly approved the Social Security Fairness Act, bipartisan legislation to repeal two little-understood rules: the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). The legislation effectively revokes 1980 rules that reduced benefits for public employees receiving state pensions.

The bill was sent to President Biden. 

In the House, 327 members, and 76 Senators voted to stand with around 3 million retired firefighters, police officers, teachers, and other public sector workers who also receive pension payments, Mick McHale, president of the National Association of Police Organizations, told Fox News Digital. 

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Mick McHale on a Zoom interview

Mick McHale, president of the National Association of Police Organizations.  (Fox News Digital)

“For over 40 years, the men and women, especially in the area of public safety… have been penalized as a result of the pension system that they belong to,” McHale said. 

Firefighters, police officers, postal workers, teachers, and others with a public pension have collected decreased Social Security benefits for jobs they held in the private sector because of WEP, which was designed to prevent so-called double-dipping from a government pension and Social Security.

The GPO ensures spousal benefits are adjusted to reflect income from public pensions in an effort to prevent Social Security overpayments. 

“This is a victory for thousands of teachers, first responders, and public servants in Maine who, through service to their communities, have been forced to forego their earned retirement benefits,” said Sen. Susan Collins, R-Maine., the lead sponsor of the measure. 

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A Social Security card sits alongside checks from the U.S. Treasury. Lawmakers last week voted to give full Social Security benefits to some public sector retirees who currently receive them at a reduced level. (Kevin Dietsch/Getty Images)

Critics of the bill argued it would cause more problems for Social Security moving forward. The legislation will add $196 billion to the federal deficit over the next 10 years, according to the Congressional Budget Office.

Sen. Mike Lee, R-Utah., called the bill “fundamentally unfair,” saying it would impact millions who have paid into Social Security.

“This bill would force those workers, 96% of them in America, to subsidize overly generous benefits for the 4% of the workforce, those who have not participated in Social Security and instead contribute to non-covered pensions,” Lee said on the Senate floor. 

Despite some criticism, Congress overwhelmingly favored changing the system, McHale said, 

“The men and women that are in Congress clearly recognized the unfairness that was being applied when it comes to a Social Security benefit, which was richly deserved and earned,” he said. 

He acknowledged that many retirees sometimes continue to work in other areas that pay into Social Security. 

A photo of the Capitol

The U.S. Capitol Dome is seen at night.  (Win McNamee/Getty Images)

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“However, that time period that we were in the law enforcement profession is where the penalty is applied when we reach the golden years and we should be enjoying the benefits of our efforts,” he said. 


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