Public Retirees Get a $360 Monthly Boost After Biden Signs New Social Security Law

On January 5, President Joe Biden signed into law an AFGE-backed bill that repealed two contentious restrictions that had resulted in public employees losing two-thirds or even the entirety of their Social Security payments.

The Social Security Fairness Act, H.R. 82, removed the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), which had been in existence for decades.

“The bill I’m signing today is about a simple proposition: Americans who have worked hard all their lives to earn an honest living should be able to retire with economic security and dignity,” Biden said. “The law that existed denied millions of Americans access to the full Social Security benefits they earned by thousands of dollars a year.”

More than 2 million retired public employees, spouses, and survivors impacted by the WEP/GPO should get an average monthly raise of $360. They will also be given a lump sum payout of thousands of dollars to compensate for what they should have gotten last year.

The House passed H.R. 82 in November at the urging of AFGE and supporters, and the Senate did the same in December with a vote of 70-26.

AFGE appreciates the bill’s sponsors, Reps. Abigail Spanberger, D-Va., and Garrett Graves, R-La., for advocating for the repeal of WEL/GPO. We also appreciate Sens. Sherrod Brown (D-Ohio) and Susan Collins (R-Maine) for spearheading the effort in the Senate. The Senate’s final act before leaving town at midnight was to vote on the bill.

AFGE went all out in support of this bipartisan bill, even holding a rally in the rain. We have been working on this subject for decades.

The Social Security Administration (SSA) stated that it is in the process of implementing the law.

For those who previously filed for Social Security benefits that are currently partially or completely offset, “At this time, you do not need to take any action except to verify that we have your current mailing address and direct deposit information if it has recently changed. Most people can do this online with their personal Social Security account without calling or visiting Social Security,” the agency announced on its website.

For those who have not previously filed for Social Security benefits, “If you are receiving a public pension and are interested in filing for benefits, you may file online at ssa.gov/apply or schedule an appointment.”

GPO penalized public employees who receive a government pension while simultaneously being eligible for their spouse’s Social Security benefits. This provision lowers survivors’ benefits for spouses, widows, and widowers.

WEP penalized those who paid into Social Security at work but also received a pension or disability benefit from a previous employer who did not withhold Social Security payroll taxes, such as older federal retirees under the Civil Service Retirement System (CSRS), as well as state and local government employees such as teachers, firefighters, and police officers.

AFGE President Everett Kelley attended the ceremony where Biden signed the bill into law. He considered the significance of its passage, which impacts him personally:

“What do I think about when I witness the Social Security Fairness Act being signed by the president? I think of my very first Legislative Conference in Washington D.C., sponsored by AFGE, where we were lobbying Congress to repeal two provisions of law— I think of the nearly 3 million public workers who will finally get the full Social Security benefits that they have worked all their life for. Thank you, President Biden.”

“I think of the many years and hours AFGE staff and others have worked to bring this chapter to a close. Lastly, I think of one of my mentors and dear friend, the late Anthony J. Young. Anthony, as the Alabama State Council President for AFGE Locals, was the first person to explain to me how, because I was a public servant, I would not get all of my Social Security benefits, even though I paid into it. Anthony fought for this bill to be repealed for many years. Today, my friend would be happy to know that President Joe Biden signed into law the Social Security Fairness Act repealing the unjust law and that I was personally present for the signing of this bill. Thank you, Anthony, for getting me involved in this fight.”