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Federal Legislative
Update, July, 2010
Highlights
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H.RES. 1384 was introduced regarding the authority of
state and local law enforcement personnel to assist
in the enforcement of U.S. immigration laws.
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Overview of the Social Security Windfall Elimination
Provision and the Government Pension Offset
H.RES.
1384
H.RES.1384 was introduced by Congressman Miller on May
20, 2010. It has thirteen cosponsors and was referred
to the House Committees on Homeland Security and
Judiciary.
This
resolution expresses the sense of the House of
Representatives that: (1) states and state law
enforcement personnel in the course of carrying out
routine duties have the inherent authority to
investigate, identify, arrest, detain, or transfer to
federal custody aliens in the United States for purposes
of U.S. immigration law enforcement; (2) state and local
governments should be supported and reimbursed by the
federal government for taking actions to discourage
illegal immigration; (4) state and local governments
that knowingly harbor illegal immigrants should be
penalized; (5) current laws governing the enforcement of
U.S. immigration laws should be enforced; (6) attrition
through enforcement should be U.S. policy; and (7)
legislation to enhance border security and enforcement
of immigration laws should be passed quickly to ease
state and local government burdens and increase national
security.
Social Security Windfall Elimination Provision and the
Government Pension Offset
Issue:
Theee
are two provisions in the Social Security Act -- the
Government pension offset in 1977 and the windfall
elimination provision in 1983—that unfairly reduce
retirement benefits for law enforcement officers.
The
Government pension offset reduces a public employee's
Social Security spousal or survivor benefits by an
amount equal to two-thirds of the individual's public
pension. In most cases, the Government pension offset
eliminates the spousal benefit for which an individual
qualifies. Three quarters of employees affected by the
Government pension offset lose their entire spousal
benefit, even though their spouse paid Social Security
taxes for many years. According to the Congressional
Research Service, the Government pension offset
provision alone reduces the retirement benefits earned
by nearly 500,000 Americans each year by an average of
$500 per month.
The
windfall elimination provision reduces Social Security
benefits by up to 50 percent. Private-sector retirees
receive monthly Social Security checks equal to 90
percent of their first $744 in average monthly career
earnings, plus 32 percent of monthly earnings up to
$4,483 and 15 percent of earnings above $4,483. Under
the windfall elimination provision, retired public
employees, however, are only allowed to receive 40
percent of the first $744 in career monthly earnings, a
penalty of over $350 per month.
Legislation Introduced in the House and Senate
H.R.235, a bill introduced by Howard Berman
(D-CA) would repeal the Government pension offset
and windfall elimination provisions. This legislation
was introduced on January 7, 2009 and has been referred
to the House Committee on Ways and Means. This
legislation has 214 cosponsors..
S.484, a bill introduced by Senator Feinstein (D-CA),
would
repeal the Government pension offset and windfall
elimination provisions. This legislation was introduced
on February 25, 2009 and was referred to the Senate
Committee on Finance. This legislation has 30
cosponsors.
Summary of Bills:
Social Security Fairness Act of 2009 - Amends title II
(Old Age, Survivors and Disability Insurance) (OASDI) of
the Social Security Act to repeal: (1) government
pension offset requirements applicable to husband's and
wife's insurance benefits, widow's and widower's
insurance benefits, and mother's and father's insurance
benefits with respect to OASDI payments; and (2)
windfall elimination requirements with respect to
computation of an individual's primary insurance amount.
Links to More Information about these issues
Fact and Formula Sheet on the Windfall Elimination
Provision, SSA Publication No. 05-10045
Fact and Formula Sheet on the Government Pension Offset,
SSA Publication No. 05-10007
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