2024 -- S 2794

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LC005662

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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S E N A T E   R E S O L U T I O N

RESPECTFULLY REQUESTING THE UNITED STATES CONGRESS TO REPEAL THE

GOVERNMENT PENSION OFFSET AND THE WINDFALL ELIMINATION PROVISION

FROM THE SOCIAL SECURITY ACT AND FOR PRESIDENT JOE BIDEN TO SIGN THAT

LEGISLATION INTO LAW

     Introduced By: Senators Lawson, Gallo, and Tikoian

     Date Introduced: March 20, 2024

     Referred To: Senate Finance

     WHEREAS, The Congress of the United States of America has enacted both the

Government Pension Offset, which reduces the spouse and survivor Social Security benefit, and

the Windfall Elimination Provision, which reduces the earned Social Security benefit payable to

any person who also receives a public pension benefit; and

     WHEREAS, The Government Pension Offset negatively affects a spouse or survivor who

receives a federal, state, or local government retirement or pension benefit who would also be

entitled to a Social Security benefit earned by a spouse; and

     WHEREAS, The Government Pension Offset formula unfairly reduces the spouse's or

survivor's Social Security benefit by two-thirds of the amount of the federal, state, or local

government retirement or pension benefit received by the spouse or survivor, in many cases

completely eliminating the Social Security benefit even though the survivor's spouse paid Social

Security taxes for many years; and

     WHEREAS, The Government Pension Offset has a harsh effect on hundreds of

thousands of citizens and undermines the original purpose of the Social Security dependent and

survivor benefit; and

     WHEREAS, According to the Congressional Research Service, more than 700,000

people nationally are affected by the Government Pension Offset and approximately 2,000,000

people nationally are affected by the Windfall Elimination Provision; and

     WHEREAS, In certain circumstances, both the Windfall Elimination Provision and

Government Pension Offset can be applied to a qualifying survivor's benefit, each independently

reducing the available benefit and, in combination, eliminating a large portion of the total Social

Security benefit available to the survivor; and

     WHEREAS, The calculation characteristics of the Government Pension Offset and the

Windfall Elimination Provision have a disproportionately negative effect on employees working

in important government jobs, such as police officers, firefighters, teachers, and state employees;

and

     WHEREAS, The challenges of the pandemic have added to recruitment and retention

challenges for these workforces, and those challenges are exacerbated by the penalties caused by

the Government Pension Offset and the Windfall Elimination provisions; and

     WHEREAS, Rhode Island is making every effort to improve the quality of life of its

citizens and to encourage them to live in the state, yet the Government Pension Offset and

Windfall Elimination Provision compromise their quality of life; and

     WHEREAS, The number of people affected by the Government Pension Offset and

Windfall Elimination Provision is growing every day as more and more people reach retirement

age; and

     WHEREAS, Individuals affected by the Government Pension Offset or Windfall

Elimination Provision may have no choice but to return to work after retirement in order to earn

enough income to provide for their basic needs, but the earnings accumulated during this return to

work can further reduce the Social Security benefits to which the individual is entitled; and

     WHEREAS, The Government Pension Offset and Windfall Elimination Provision are

established in federal law, and the repeal of the Government Pension Offset and the Windfall

Elimination Provision can only be enacted by Congress; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island hereby respectfully urges the

United States Congress to enact legislation to repeal the Government Pension Offset and the

Windfall Elimination Provision from the Social Security Act and for President Joe Biden to sign

that legislation into law; and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit duly certified copies of this resolution to President Joseph Biden, the presiding officers

of the Senate and House of Representatives of the Congress of the United States of America, and

to each member of the Rhode Island Congressional delegation.

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LC005662

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