Published in RINewsToday on Dec. 30, 2024
After 40 years, a polarized Congress actually worked together on behalf of millions of Americans with public pensions to push through bipartisan legislation repealing two Social Security provisions that would benefit these individuals. Just past midnight in the early hours of Saturday, on Dec. 21, 2024, the U.S. Senate took up S. 597, a companion measure to H.R. 82, the Social Security Fairness Act, repealing unpopular WEP (Windfall Elimination Provision) & GPO (Government Pension Offset) provisions titles in the Social Security program.
The House had overwhelmingly passed H.R. 82, introduced last month introduced by Reps. Garret Graves (R-Louisiana) and Abigail Spanberger (D-VA).
The Senate companion measure, authored by U.S. Senators Susan Collins (R-Maine) and Sherrod Brown (D-OH), overwhelmingly passed without amendment, by a Yea-Nay vote, 76-20 (with Sens. Marco Rubio (R-FL), JD Vance (R-Ohio), Joe Manchin (I-WV) and Adam Schiff (D-CA) not voting) and now goes to President Biden to be signed into law. At press time, H.R. 82 has not been signed and the President has until Dec. 31 to sign or veto the bill.
Before the historic Senate vote, at a Dec. 16 meeting with Patrick Yoes, National President of the Fraternal Order of Police (FOP), and Executive Director Jim Pasco met with President-elect Donald J. Trump at his home in Mar-a-Lago, President elect Donald Trump announced his support for the upper chambers’ passage of the “Social Security Fairness Act”— the “FOP’s top priority.”
Earlier this year, Collins and Brown had called on Senate leadership to immediately bring their legislation, which had 62 Senate co-sponsors—above the margin needed for passage—to the Senate floor for a vote. Collins held the first Senate hearing on this policy in 2003 as Chair of the Senate Government Affairs Committee. She, along with the late Senator Dianne Feinstein, first introduced the Social Security Fairness Act in 2005.
Their bipartisan efforts pushed the legislative Social Security fix across the goal line, at the end of the second session of the 118th Congress. For Brown, who lost his bid for re-election in November, passage of S. 597 was a bitter sweet moment for him as he leaves the U.S. Senate after serving as a U.S. senator from Ohio since 2007.
In a Nutshell…
According to Graves, WEP reduces the earned Social Security benefits of an individual who also receives a public pension from a job not covered by Social Security. This financially impacts educators who do not earn Social Security in public schools but who work part-time or during the summer in jobs covered by Social Security, who have reduced benefits, even though they pay into the system just like others, Graves says.
Likewise, the GPO affects the spousal benefits of people who work as federal, state, or local government employees — including police officers, firefighters, and educators — if the job is not covered by Social Security. The GPO reduces by two-thirds the benefit received by surviving spouses who also collect a government pension, added Graves.
According to the National Education Association (NEA), more than 2.8 million public sector employees in 26 states were impacted by GPO and WEP. Educators were affected in 15 of those states, because they pay into their state pension system, but not into Social Security, says NEA.
The WEP currently impacts approximately 2 million Social Security beneficiaries, and the GPO impacts nearly 800,000 retirees.
Rally calls for passage of H.R. 82, gets Majority Senate Leader’s attention
Before Congress left Capitol Hill for recess, Graves and Spanberger, the primary sponsors of H.R. 82, had filed a discharge petition for their Social Security Fairness Act — which secured the required 218 signatures needed to force a floor vote in the U.S. House. On Nov. 12, 2024, a bipartisan majority voted 327 to 74, under suspension of rules to pass the legislation, sending it to the upper legislative chamber for consideration.
A week before the Senate vote on Dec. 21th, the National Active and Retired Federal Employees Association along with unions representing fire fighters, teachers, police officers and other public service workers rallied at 11:30 a.m., at the Upper Senate Park at the U.S. Capitol, in pouring rain outside the Capitol, calling for passage of H.R. 82. Joining the rally, Majority Senate leader Chuck Schumer. “I’m here to tell you all today – we are going to call a vote on repealing WEP and GPO,” he said, calling the two Social Security titles “unfair and un-American.”
After the rally, Graves quickly issued this statement: “The Senate Majority Leader has called for a vote on our bill H.R. 82 – provided he gets the necessary 60 votes to get it to the floor. More than 60 Senators support our Social Security Fairness Act. In the House we have led the effort for years to build the winning coalition, resulting in the most cosponsored bill – the most popular bill – in the Congress. We defied the odds and fought back sneak attacks to successfully complete a discharge petition that resulted in the first vote in history to repeal the WEP and GPO. The heavy lifting is done. The path to victory could not be clearer. A WEP-GPO repeal could be in the stockings of millions of public service retirees this Christmas. Pass H.R. 82 now,” he said.
GOP lawmakers express concerns over financial impact
In response to a request from Chuck Grassley, the Congressional Budget Office (CBO) had provided the Ranking Member of the Senate Budget Committee with its legislative analysis. The findings showed that the elimination of the WEP and GPO, as specified in H.R. 82, would permanently increase outlays for scheduled Social Security benefits—that is, the amounts that the program would pay if it continued to pay benefits as scheduled under current law, regardless of whether the program’s two trust funds had sufficient balances to cover those payments. That increase in Social Security benefits would drive the program’s spending even further above its revenues than it is already projected to be under current law. CBO estimates that the changes will cost nearly $ 200 billion over a 10-year period.
Senators Mike Crapo (R-ID), Grassley (R-IA), Ted Cruz (R-TX), Rand Paul (R-KY) and Thom Tillis (R-NC) and 16 other Republican Senators opposed passage, expressing strong concerns about the bill’s cost. This apprehension reinforced by the recently released CBO analysis.
Citing a CBO analysis of S. 82, the Republican Senators were concerned that the legislative proposal would reduce the Social Security trust fund by an additional $200 billion during the next decade, moving up the insolvency date by six months.
On the Senate floor, North Carolina Republican Sen. Thom Tillis said the bill’s title made it sound like “motherhood and apple pie,” quipping “who could be against Social Security fairness?” But he argued it wasn’t the right approach to address the problem.
However, 29 Republican Senators, including Sen. John Kennedy (R-LA), were not concerned about the CBO analysis, voting for passage of the legislative proposal.
Following the Senate vote, in a video on X, Kennedy stated: “Social Security is not free. People pay into it. The money we “spent” today in this bill – all we did is give it back to the people who earned it. Today was a good day. It was a good day for fairness, it was a good day for the Social Security system, and a good day for the people of Louisiana – even if you aren’t affected by these two unfair provisions of the Social Security Act, all Louisianians I know believe in fairness. Right is right and wrong is wrong, and I think we did the right thing here, and I’m pleased.”
With the dust settling after the Senate vote, after 40 years of trying to fix a Social Security benefits issue impacting public sector workers, Democratic and Republican lawmakers put aside political differences and finally fixed the pressing policy issue.
Celebrating the historic passage
Following the Senate vote for passage of H.R. 82, the National Fraternal Order of Police, International Association of Fire Fighters, National Active and Retired Federal Employees Association, American Federation of Government Employees, American Federation of State, County & Municipal Employees, National Rural Letter Carriers’ Association, National Education Association, and Peace Officers Research Association of California applauded this legislation being sent to the president’s desk to enhance the fairness of Social Security to public workers.
U.S. Senator Sheldon Whitehouse (D-RI) commended the passage of the Social Security Fairness Act, legislation he cosponsored to eliminate two policies. “Thousands of Rhode Islanders who receive government pensions but also contributed to Social Security through private-sector employment stand to benefit from the legislation,” he says.
“I’ve worked with my colleague Sherrod Brown for years to pass this legislation in order to ensure that millions of teachers, postal workers, firefighters, law enforcement officers, and other dedicated civil servants get the benefits they have earned, says U.S. Senator Jack Reed. “I’m glad we were able to finally deliver this correction for millions of hardworking Americans and I’m committed to protecting and strengthening Social Security to ensure all Americans are able to retire with the dignity and financial security they have earned,” he said.
Max Richman, President and CEO of the National Committee to Preserve Social Security and Medicare (NCPSSM) called for passage of this bill because it because it removes an unfairness in the retirement system by allowing teachers, firefighters, and police officers (among others) and their families to collect Social Security benefits.
Before the Senate vote, NCPSSM announced its opposition of any amendment that diluted this legislation or cut Social Security benefits in any way — including raising the retirement age. The Washington, DC-based Social Security advocacy group circulated a letter to all 100 U.S. Senators before the vote on Dec. 21, opposing any efforts to raise the retirement age.
According to Richtman, nearly 3 million public sector employees are on the verge of being able to receive the Social Security benefits they’ve earned — thanks to the United States Senate.
“We supported this bill because it removes an unfairness in the system by finally allowing teachers, firefighters, and police officers (among others) and their families to collect full Social Security benefits. Many of our own members and supporters made it clear that they want the WEP & GPO repealed,” says Richtman.
“The Senate vote delivers us to the doorstep of a long-sought goal — to restore fairness to a system that has worked incredibly well for nearly 90 years to provide American workers with basic financial security,” says Richtman.
According to a statement issued by National Education Association, Martha Karlovetz estimated that these discriminatory laws have cost her more than a hundred thousand dollars since 1995, when she retired from teaching at the Parkway School District outside St. Louis, Missouri. And if her husband had passed away before her, the laws would have meant that Karlovetz would have received only $14 per month in survivor benefits, even though her husband paid Social Security taxes throughout his 40-year career at McDonnell-Douglas/Boeing.
“The repeal of GPO and WEP is truly a historic win for all public employees and their families,” said Karlovetz. “These unfair provisions have taken a great toll. I have lost well over $110,000 in benefits earned in the 15 years I worked and paid into Social Security before becoming a teacher in Missouri, a GPO-WEP state. Now that we have helped achieve this victory, educators like me can breathe easier. For some, this is truly life-changing,” she says.
With the 119th Congress fast approaching, Congressional lawmakers must work together to fix a financially ailing Social Security Program. Just like they did to pass bipartisan legislation to right a wrong affecting millions of retirees and public sector workers.
To see Nov. 8 CBO correspondence to Sen. Grassley as to impact of S. 82 on the Social Security program, go to https://www.cbo.gov/system/files/2024-11/60876-HR82.pdf
To download a CRS report that details Social Security beneficiaries affected by both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), to https://crsreports.congress.gov/product/pdf/R/R45845
Tag Archives for Senator Chuck Grassley
Tackling surge of COVID-19 in Nursing Homes
Published ion RINewToday on December 15, 2020
Over the months, while public health officials watch the uptick in new COVID-19 cases, Congress releases two reports, one taking a snapshot of nursing home performance and resident deaths throughout the first eight months of the pandemic, and the other one sounding the alarm about the impact of COVID-19 on the nation’s nursing homes and warning it is now getting worse.
About three months ago, Senate Finance Committee Chairman Chuck Grassley (R-Iowa) announced the release of a 67-page report on care provided in nursing homes and other long-term care facilities throughout the nation during the ongoing COVID-19 pandemic. The comprehensive report, titled “COVID-19 and Nursing Homes: What Went Wrong and Next Steps,” reviewed U.S. nursing home performance during the early fall and summer months of the pandemic. According to the report, more than two out of five deaths due to COVID-19 in the United States are linked to nursing homes and other long-term care facilities.
Stopping the Spread of COVID-19 in Nursing Homes
“Partisan finger pointing, rather than meaningful analysis, cannot serve as a useful guide for policymakers in crafting the necessary bipartisan reforms in response to the unprecedented challenges facing this entire sector and its employees working on the frontlines during this pandemic,” says the Senate Finance committee report, released on Sept. 23. It stressed that suggestions that coronavirus-related deaths in nursing facilities “are attributable solely, or even primarily, to acts or omissions by the current administration falls well short of addressing the multi-faceted problems in this sector.”
The report added, “Such a one-dimensional approach necessarily overlooks several factors that fueled the outbreak of COVID-19 in nursing homes across the United States, and around the world. Minimizing, or devoting scant attention to such factors, makes it enormously difficult for members of Congress to come together in support of long-overdue reforms and bipartisan solutions to the complex problems facing nursing homes today.”
The report, produced by the majority staff of the Senate Finance Committee, examined what steps might have prevented these fatalities by minimizing the spread of COVID-19 in the facilities and discussed what actions could be taken now to slow the surge of deaths in nursing homes during this and future pandemics.
While new coronavirus cases have surged to nursing homes throughout the nation and despite federal and state efforts to stall the spreading of the virus, the Senate Finance Committee report noted that facilities have already received significant relief assistance from Congress and the Trump administration totaling approximately $21 billion in addition to technical assistance, guidance and training.
The report’s findings noted that for years preceding the COVID-19 outbreak in March, private nursing homes have had widespread deficiencies in infection control and prevention. The majority staff also found that state governments and health officials in some of the hard-hit states fell short of their responsibility to ensure quality care, and in multiple states, staffing and supply shortages persisted for years prior to the pandemic.
Nursing homes around the world have struggled with many of the same issues as the United States during the pandemic, including Europe, the United Kingdom and Canada, noted the report.
State governments in some cases also failed to enforce federal guidelines for these care facilities as required through their participation in Medicare and Medicaid, particularly guidance provided to minimize coronavirus transmission in their facilities, noted the report. In addition, the majority staff found that nursing home staff who work in multiple facilities unknowingly played a key role in spread of COVID-19 in nursing homes.
Finally, the Senate Finance Committee report also noted that several governors pressured nursing facilities to accept COVID-19 patients when personal protective equipment (PPE) was still in short supply and some did so even after the federal government made temporary hospitals available in their jurisdictions.
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The Senate Finance Committee report provided, to members of the Senate Finance Committee with detailed background information on the many challenges that nursing homes continue to face during this year’s public health crisis. It provides Congressional lawmakers with specific recommendations, based on best practices that some facilities and public officials adopted during the ongoing pandemic to protect their residents and staff. It also includes additional suggestions to better protect the nation’s older Americans from elder abuse, neglect and exploitation.
Updating the Grim Toll of COVID-19 Deaths in Nursing Homes
Last week, U.S. Senators Bob Casey (D-PA), Ranking Member of the Special Committee on Aging, and Ron Wyden (D-OR), Ranking Member of the Finance Committee, released their report that warned that the already dire situation in nursing homes is worsening.
“It’s with great sadness that we are once again giving a grim update on the toll that COVID-19 is continuing to take on nursing homes. It’s abundantly clear that inaction has contributed to the loss of more than 104,000 mothers, fathers, grandparents, friends and neighbors who lived and worked in nursing homes and long-term care facilities across the country,” said Senators Casey and Wyden, in a statement announcing the report released on Dec. 10. “Experts are predicting that we are heading into the most severe months of the COVID-19 pandemic, marred by climbing caseloads and increasing stress on our Nation’s health care system,” they say, calling on the Senate colleagues to hammer out and pass a comprehensive COVID-19 relief bill.
According to the eight-page report, entitled, “The Cost of Inaction: 19 Deaths an Hour and Rising,” last month, more than 15 nursing home residents died from COVID-19 per hour, with 19 residents dying each hour during the week of November 22, 2020, the most recent week reported.
The Senate Aging Committee report noted that the number of weekly COVID-19 deaths among nursing home residents has increased 133 percent since Labor Day, and 96 percent among nursing home workers during the same period. Workforce shortages have also increased since Labor Day: In November, one in six nursing homes nationwide reported that they do not have a sufficient workforce, says the report.
The Democratic Senators warned that COVID-19 cases will surge in nursing homes if Congress does not come together to hammer out bipartisan legislation to stop the spread of the pandemic.
These new report findings serve as a warning as to what will come if Congress does not come together to alleviate the COVID-19 crisis in nursing homes, says Casey and Wyden. It calls for a national strategy to save lives in nursing homes, including providing facilities with a sufficient supply of PPE, ample access to testing, resources for vaccine distribution, funding for strike teams and adequate workforce supports, and accountability measures to uphold resident rights and permit safe visits with family.
Finally, in the Ocean State…
Just days ago,the latest update of the AARP Nursing Home COVID-19 Dashboard, released by AARP’s Public Policy Institute, unveiled a new report in a series on improving the care of care provided in the nation’s nursing homes. “Rhode Island’s nursing homes continue to face alarming trends,” says the AARP report.
Using data released by the Centers for Medicare & Medicaid Services—which is self-reported by nursing homes—the AARP Public Policy Institute, in collaboration with the Scripps Gerontology Center at Miami University in Ohio, created the AARP Nursing Home COVID-19 Dashboard to provide four-week snapshots of the virus’ infiltration into nursing homes and impact on nursing home residents and staff. The dashboard will continue to be updated every four weeks.
In the four weeks analyzed, from October 19 to November 15, AARP’s dashboard reports that Rhode Island nursing homes had a dramatic increase in resident and staff cases, and a higher percentage of facilities reporting they are without a 1-week supply of PPE.
“With coronavirus surging across the country, nursing home residents and staff remain in grave danger as the virus reenters nursing homes and other facilities at an alarming pace,” said AARP State Director Kathleen Connell. “Facilities continue to have shortages of the staff and PPE needed to keep residents and workers safe and stop the spread. Our state leaders must act now to save lives,” she said.
Connell added, “AARP will continue fighting to protect nursing home residents now and offering solutions to improve our long-term care system for the decades to come.”
For copies of Senate reports go to: https://www.aging.senate.gov/imo/media/doc/The%20Cost%20of%20Inaction.%2019%20Deaths%20and%20Hour%20and%20Rising.pdf;
The complete dashboard is available at aarp.org/nursinghomedashboard.
Nursing Home Care in the Spotlight
Published in the Woonsocket Call on August 4, 2019
Following on the heels of its March 6 hearing, “Not Forgotten: Protecting Americans from Abuse and Neglect in Nursing Homes,” the Senate Finance Committee held its second nursing home hearing this year, “Promoting Elder Justice: A Call for Reform,” on July 23, in 215 Dirksen, to study proposed reforms to reduce neglect and abuse in the nation’s nursing homes and to put a spotlight on the need to reauthorize key provisions of the Elder Justice Act.
During the two hour and twenty-minute morning hearing, Chairman Chuck Grassley (R-Iowa) and Ranking Member Ron Wyden (D-Oregon) along 11 members of the Senate committee listened to the testimony of five panel witnesses.
In his opening statement, Grassley acknowledged that the work isn’t done yet to improving the care in the nation’s nursing homes and Congress must protect nursing home and assisted living residents and those in group living arrangements from harm. The Iowa Senator noted in the recently released U.S. Government Accountability Office (GAO) report the federal agency that provides auditing, evaluation, and investigative services for Congress, noted that while one-third of nursing home residents may experience harm while under the care of these facilities, in more than half of these cases, the harm was preventable.
Calls for Bipartisan Efforts to Improve Nursing Home Care
Grassley called on Congress to reauthorize programs, such as the Elder Justice Act, to put the brakes on the growing trend of elder an abuse fueled by social media.
Adds, Wyden, in his opening statement, there is now an opportunity for Congress to come together to hammer out bipartisan legislative reforms to fix the nation’s nursing home oversight efforts. He urged his fellow Senate committee members to work to reduce the instances of physical, sexual, mental and emotion abuse in nursing homes, that appears to be increasing. He also called for a redo to the federal nursing home rating system because it does not reflect the increased prevalence of abuse.
During the first panel, Megan H. Tucker, Senior Advisor for Legal Review, of the HHS Office of Inspector General (OIG), stated that abuse and neglect oftentimes are not properly identified, reported or even addressed. While most providers are delivering good care, Tucker warned that Health and Human Service safeguards are lacking.
Tucker testified that the Centers for Medicare and Medicaid Services (CMS) should use data more effectively and close the gaps in their reporting process to ensure that abuse and neglect are identified and the deficiencies corrected.
Concluding the first panel, John E. Dicken, Director, Health Care, of the U.S. Government Accounting Office (GAO), discussed a newly released GAO report, released at the hearing, that detailed a growing trend of abuse and neglect of residents. According to one GAO report findings, abuse deficiencies more than doubled between 2013 (430) and 2017 (875), with the greatest increase in actual harm and immediate jeopardy deficiencies, and that abuse is still under-reported, he said. The GAO report also expressed concern over “significant gaps” with CMS’s oversight.
Leading the second panel, Robert Blancato, Coordinator of the Elder Justice Coalition, called on Congress to reauthorize, the Elder Justice Act. With elder abuse becoming a “national emergency,” he urged lawmakers to dedicate funding for Adult Protective Services at the local and state levels. Blancato also stressed the importance of strengthening the long-term care ombudsman program, continuing the Elder Justice Coordinating Council, authorizing an Advisory Board on Elder Abuse, Neglect, and Exploitation, and finally funding for elder abuse forensic centers.
President and CEO, Mark Parkinson, of the Washington, DC-based American Health Care Association (AHCA), representing nearly 10,000 of the 15,000 plus nursing homes in the country who provide care to nearly four million individuals each year, stated he was not at the hearing to defend poor care but to provide solutions to Congress to prevent such incidents from happening again.
Fixing the Problem
Parkinson testified that over the past seven years, facilities participating in AHCA’s quality initiative, have shown improvement in 18 of 24 quality measures. Specifically, there are less hospital readmissions, fewer antipsychotic medications being prescribed, staff are spending more time than ever before with residents and today’s nursing homes are more person-centered care today than ever before.
Parkinson called on lawmakers to improve employee background check systems, add patient satisfaction data to CMS’s nursing home rating system, address the severe staffing shortage and to adequate fund Medicaid.
Finally, Lori Smetanka, Executive Director of the National Consumer Voice for Quality Long-Term Care, ended the second panel discussions, by warning that more must be done to protect nursing home residents from abuse.
Smetanka urged Congress to take steps to enforce minimum requirements for sufficient staffing, establish standards and oversight for nursing home ownership and operations, prevent rollback of nursing home regulatory standards, increase the transparency of information and to strengthen and adequately fund elder justice provisions.
Now, with the Congress putting poor nursing home care on its policy radar screen, both Democratic and Republic congressional leadership must work closely together to come up with bipartisan solutions. Fix this problem once and for all.
Senate Finance Committee members — Senators Lankford, Stabenow, Daines, Menendez, Carper, Cardin, Warner, Casey, Brown, Cortez Masto, and Hassan – attended the July 23 hearing
To listen to this Senate Finance Committee hearing, go to http://www.c-span.org/video/?462733-1/finance.
For a copy of the GAO report, http://www.gao.gov/assets/710/700418.pdf.
Herb Weiss 