by Jim Preston

 

The web site I would like a link to is:  www.grandlodgefop.org

 

The legislative update information is important to all officers.

 

Our officers may not know that even after they retire and pay into the Social Security system through 40 quarters (10 years) their Social Security benefit is reduced by 60% because they are receiving a TPD pension.  The benefit their spouse may be entitled to is also reduced by 2/3’s.  Even though they paid taxes into the system they may never get back the full benefit everyone in private employment is entitled to just because they are getting that TPD pension.  There is a bill before Congress H.R. 594 which would repeal these provisions.  I urge every officer to contact their U.S. Senator and Congressman and ask them to help pass this bill.

 

Here is an example of the social security issue.  This article was printed in the National FOP Journal.

______________________

 

On May 1, 2003, National FOP President Chuck Canterbury appeared before the House Subcommittee on Social Security and delivered testimony in favor of H.R. 594, the “Social Security Fairness Act,” which would repeal the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) provision in current law.

 

As a result of that testimony and a concerted effort by the National Legislative Office, twenty-eight (28) additional cosponsors were added to the bill, bringing our current total to two hundred and ten (210).  This exceeds last year’s total of one hundred and eighty-five (185) cosponsors and means that we are only eight (8) cosponsors shy of having a House majority.

 

The following is an excerpt of President Canterbury’s testimony:

 

The FOP contends that this provision has a disparate impact on law enforcement officers for several reasons.  First of all, law enforcement officers retire earlier than employees in many other professions.  Owing to the physical demands of the job, a law enforcement officer is likely to retire between the ages of 45 and 60.  Secondly, after 20 or 25 years on the job, many law enforcement officers are likely to begin second careers and hold jobs that do pay into the Social Security system.  Even more officers are likely to “moonlight” (extra duty jobs) that is, hold second or even third jobs throughout their law enforcement career in order to augment their income.  This creates an unjust situation that too many of our members find themselves in: they are entitled to a State or local retirement benefit because they worked 20 or more years keeping their streets and neighborhoods safe, and also worked at a job or jobs in which they paid into Social Security, entitling them to that benefit as well.  However, because of the Windfall Elimination Provision (WEP), if their second career resulted in less than twenty (20) years of substantial earnings, upon reaching the age they are eligible to collect Social Security, they will discover that they lose sixty percent (60%) of the benefit for which they were taxed!  Actuarially speaking, I doubt many officers will live long enough to “break even”, that is collect the money they paid into the system – let alone receive any “windfall”.  These men and women earned their State or local retirement benefit as public employees and they paid Social Security taxes while employed in the private sector.  How is this a windfall?

The other aspect of the McKeon bill H.R. 594 would repeal the Government Pension Offset (GPO).  In 1977, Federal legislation was enacted that required a dollar for dollar reduction of Social Security spousal benefits to public employees and retired public employees who received earned benefits from a Federal, State, or local retirement system.  Following a major campaign to repeal the provisions in 1983, Congress, which was looking for ways to reduce the fiscal pressure on the Social Security system, adopted instead the Government Pension Offset, which limits the spousal benefits reduction to two-thirds of a public employee’s retirement system benefits.  This remedial step falls far short of addressing the inequity of Social Security benefits between public and private employees.  This “offset” provision should have been repealed in 1983 and might have been were it not for the fiscal condition of the Social Security system. 

 

The new GPO formula reduces the spouse’s or widow(er)’s benefit from Social Security by two0thirds of the monthly amount received by the government pension.  For example, the spouse of a retired law enforcement officer who, at the time of his or her death, was collecting a government pension or $1,200, would be ineligible to collect the surviving spousal benefit of $600 from Social Security.  Two-thirds of $1,200 is $800, which is greater than the spousal benefit of $600 and thus, under this law, the spouse is unable to collect it.  If the spouse’s benefit were $900, only $100 could be collected, because $800 would be “offset” by the officer’s government pension.

 

In nine out of ten cases, this completely eliminates the spousal benefit even though the covered spouse paid Social Security taxes for many years, thereby earning the right to these benefits.  It is estimated that approximately 349,000 spouses and widow(er)’s of State and local employees have been unfairly affected by the Government Pension Offset.  Moreover, these estimates do not capture those public employees or retirees who never applied for spousal benefits because they wrongly believed themselves ineligible.  According to the Congressional Budget Office, the GPO reduces  benefits for some 200,000 individuals by more than $3,600 a year.  Ironically, the loss of these benefits may cause these men and women to become eligible for more costly Federal assistance.

 

The present system creates a tremendous inequity in the distribution of Social Security benefits.  The standard for this narrow class of individuals – retired public employees who are surviving spouses of retirees covered by Social Security – is inconsistent with the overall provisions of the Social Security Act and does not apply to persons receiving private pensions benefits.  This imbalance exists even though Congress, through ERISA standards and tax code provisions, has more direct influence over private employers than public employers.  Clearly this is an issue that Congress must address.

_____________________________

 

Links to Florida Congressmen and Senators so you can send them email:

 

http://www.aidsstories.com/states/fl.html

 

http://www.geocities.com/CollegePark/Den/7179/FL.htm