On January 5, public employees across the nation celebrated a historic victory when H.R. 82, the Social Security Fairness Act, was signed into law. This landmark legislation was the result of more than 40 years of relentless advocacy by labor organizations — including the Peace Officers Research Association of California (PORAC), which LAAPOA is part of — to repeal the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), restoring long-denied benefits to millions of law enforcement officers, firefighters, teachers and other public servants.
Since 1977 and 1983 respectively, the GPO and WEP have financially harmed more than three million public employees and their families by unfairly reducing or eliminating the Social Security benefits they rightfully earned during their working years, simply because they also receive a government pension. The WEP reduced the earned Social Security benefits of an individual who also receives a public pension from a job not covered by Social Security, while the GPO imposed a two-thirds reduction in benefits received by surviving spouses who also collect a government pension.
The long journey to correct these injustices required strategic coalition-building and tireless persistence from labor groups nationwide. H.R. 82, the latest legislative attempt to repeal the GPO and WEP, was introduced in January 2023 but stalled in the powerful House Ways and Means Committee for nearly two years despite having broad bipartisan support. Knowing the bill would pass if it could be put to a vote, its opponents used every parliamentary tool at their disposal to delay it in the hopes they could run out the clock on the 118th Congress. Through dedicated efforts by the bill’s sponsors and intensive advocacy from labor groups, H.R. 82 finally passed the House on November 12, 2024, and was approved by the Senate on December 20.
PORAC was at the forefront of the push to get this legislation enacted, including collaborating with the bill’s House sponsors — then-Representatives Garret Graves (R-La.) and Abigail Spanberger (D-Va.) — and joining forces with other groups in the West Coast Law Enforcement Coalition to educate members of Congress about the legislation’s importance. These efforts yielded overwhelming support from our state, with only one member of the California delegation voting no. PORAC President Brian Marvel proudly attended the January 5 bill-signing ceremony at the White House, where Spanberger highlighted PORAC’s advocacy as a key factor in securing support from California Republicans, which ultimately led to others following suit.
“Standing in the White House today, witnessing the president sign the Social Security Fairness Act into law, was an incredibly proud and humbling moment,” Marvel said in a press release. “I am deeply grateful to the president, the bill’s authors, our bipartisan coalition of advocates and all the PORAC leaders before me who made this momentous achievement possible. This bill becoming law will make a meaningful and tangible difference for the peace officers across the nation who will now receive the benefits they’ve earned, creating financial stability in retirement for those who spent their careers putting the safety of others above their own.”
Although it was not enacted until the start of this year, the Social Security Fairness Act applies retroactively from the beginning of 2024. It will result in an average monthly increase of $360 for nearly three million Social Security recipients, as well as a lump sum in the thousands of dollars to make up for the shortfall in benefits they should have received last year. The Social Security Administration is evaluating how to implement the changes and will provide more information as soon as possible.
- Those who previously filed for Social Security benefits that are partially or completely offset do not need to do anything except verify that the Social Security Administration has their current mailing address and direct deposit information at ssa.gov/myaccount.
- Those with a public pension who have not previously filed for Social Security benefits but now want to can apply online at ssa.gov/apply.
Everyone affected by the repeal of the WEP and GPO should monitor their Social Security statements in the coming months as these changes take effect.
“LAAPOA is proud to be counted among the many dedicated groups that joined together and advocated for this win, and we are eternally grateful to all those who fought so hard for so long on our behalf,” President Marshall McClain says. “That unified effort has yielded real, tangible results that will enhance retirement security for our brothers and sisters. And it isn’t only about increasing income — it’s about removing a major disincentive to recruitment in our profession that financially penalized those who chose careers in public service. Peace officers put their lives on the line to protect their communities, and we deserve access to all the benefits we have earned. By restoring fairness and dignity to public employees, this law is a sign of appreciation for our hard work and sacrifice.”