Congress Passes Social Security Fairness Act Repealing WEP/GPO

December 27, 2024

On early December 21, the Senate voted 76-20 to pass the Social Security Fairness Act - legislation that repeals both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), two provisions of Social Security that reduce or sometimes eliminate benefits for certain public servants, as well as their surviving spouses. The House previously passed the bill 327-75 in November. President Biden is expected to sign into law shortly.

Decades in the making, the Social Security Fairness Act repealing the WEP and GPO impacts these reduced benefits to nearly 3 million retirees. That includes those who also collect pensions from state and federal jobs that aren't covered by Social Security, including teachers, police officers, firefighters and U.S. postal workers. The bill would also end a second provision that reduces Social Security benefits for those workers' surviving spouses and family members.

According to the Congressional Research Service, the WEP impacts about 2 million Social Security beneficiaries and the GPO nearly 800,000 retirees. Congress enacted legislation reducing Social Security benefits through GPO and WEP in 1977 and 1983, respectively.

The legislation's bipartisan support was weakened with some lawmakers voicing doubts due to its cost. According to the Congressional Budget Office, the legislation adds a projected $195 billion to federal deficits over a decade. This advances Social Security’s insolvency and could also potentially lead to across-the-board cuts for Social Security beneficiaries.

Once law, the Social Security Administration will begin the process of recalculating the benefits of the current retirees who have had their Social Security benefits reduced by the WEP or reduced/eliminated by the GPO.

Due to the administrative process of recalculating benefits for the nearly 3 million retirees, we anticipate this process taking several months to complete. We will provide updates as Social Security provides additional information.

The Social Security Fairness Act only repeals WEP and GPO for current and future retirees. The law has not changed in terms of Social Security Retirement or SSDI eligibility in any way. If you were not eligible for Social Security Retirement or SSDI prior to the passage of the Act, then you will remain ineligible. The passage of this law does not alter eligibility requirements in any way nor was it ever intended to do so.

For additional information, please contact Irica Solomon, Head of Government Affairs or Erica McFarquhar, Deputy General Counsel.