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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:
There 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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