A bipartisan group of Congressional Representatives have introduced new legislation to repeal the Windfall Elimination Provision, or WEP. This unfair rule adversely impacts federal employees who spent part of their career in the private sector, by reducing their pensions to account for what they can draw from Social Security. Per Government Executive, “The Equal Treatment of Public Servants Act (H.R. 5834), introduced by Rep. Kevin Brady, R-Texas, would replace the windfall elimination provision with a new formula that would more accurately reflect the proportion of a retiree’s career spent in government compared to their time in the private sector, and it would provide a $100 monthly rebate for retirees—and a $50 rebate each month for surviving spouses—ages 60 and older currently impacted by the windfall elimination provision.”

House Ways and Means Committee Chairman Richard Neal (D-MA) introduced the Public Servants Protection and Fairness Act (H.R. 2337) earlier this year, which would similarly revise the formula to calculate Social Security benefits to replace the WEP, and grant $150 in cash payments to retirees affected by the provision.

FMA welcomes both bills, and would be happy to see either of them pass into law and address this fundamental issue of fair treatment for federal employees. FMA also supports the Social Security Fairness Act of 2021 (H.R. 82), introduced by Rep. Rodney Davis (R-IL) which would eliminate the WEP and the Government Pension Offset altogether. While H.R. 82 has 240 cosponsors, we recognize it is unlikely to advance due to its high cost.

To track the progress of these bills, please click here.