Debate: Is the Social Security Fairness Act Fair?

Expert Opinion January 03, 2025 at 03:31 PM
Share & Print

What You Need To Know

  • Many state and local government workers receive pensions in lieu of full federal Social Security benefits.
  • The windfall elimination provision and government pension offset have reduced the Social Security benefits for some public-sector workers.
  • By comparison to government benefits, Social Security provides relatively higher benefits to the lowest-income Americans.
/contrib/content/uploads/sites/415/2021/03/Bloink_Byrnes_640x640.jpg

Social Security benefits are typically based on a taxpayer’s earnings history. Exceptions exist for certain government workers who are covered by separately funded pension plans if their wages were exempt from Social Security withholding.

For decades, the windfall elimination provision and government pension offset have reduced the Social Security benefits for some public-sector workers. In recent weeks, Congress passed the Social Security Fairness Act to repeal the WEP and GPO entirely. The bill, awaiting President Joe Biden's signature, will also provide retroactive Social Security benefits for public workers whose benefits were reduced during the 2024 tax year.

We asked two professors and authors of ALM’s Tax Facts with opposing political viewpoints to share their opinions about Congress’ recent decision to repeal the WEP and GPO completely.

Below is a summary of the debate that ensued between the two professors.

Their Votes:

Bloink


Byrnes

Their Reasons:

Bloink: The WEP and GPO provisions have unfairly stripped many low-income government and public workers of the benefits they deserve. We’re talking about firefighters, police, teachers and others who have dedicated their careers to public service. By comparison to government benefits, Social Security provides relatively higher benefits to the lowest-income Americans. It’s fundamentally unfair that these public servants should see their benefits reduced simply because a portion of their careers were spent in public service jobs that offer pension benefits when they’ve earned their rightful Social Security benefits.

Byrnes: The WEP and GPO are specifically designed to prevent certain government workers from receiving a greater level of government-provided benefits than they really deserve, including with respect to federal Social Security benefits. We need to be searching for ways to shore up the Social Security system as we ready ourselves for the new administration — not hand out additional benefits that would only serve to deplete the fund further.

Bloink: The formulas used to figure benefits under the WEP and GPO systems are fundamentally flawed and have led to many cases where workers are not receiving the full Social Security benefits they deserve simply because they worked in government positions at some point. Eliminating these provisions is the best way to keep the system fair for all Americans, regardless of income level.

Byrnes: State and local government workers receive pensions in lieu of full federal Social Security benefits. These workers aren't unprotected. They may appear to have lower earnings — so have a relatively high replacement rate via Social Security during retirement. That’s not fair when, in fact, these workers have a higher earnings history — meaning that Social Security should replace a lower percentage of their pre-retirement income.

Bloink: WEP and GPO actually served to cut some public workers’ Social Security benefits in half over the years. It’s really quite simple. If the public worker was, at some point, also employed in a position where they paid Social Security taxes, they should receive the benefit that they earned. The WEP and GPO prevented this from happening. Implying that these workers received some type of windfall payment is entirely misleading — when they earned the benefits that they earned through private sector employment at some point.

Byrnes: In reality, many public workers have worked in well-paid government jobs for much of their careers, yet have some lower wages in covered jobs where they paid into the Social Security system. WEP prevents them from collecting based on both situations. The solution is to fix the formula used to calculate reduced benefit rates, rather than eliminate the WEP and GPO entirely. That way, we’ll avoid paying the windfall payments that the WEP and GPO have prevented for years.

NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center