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 U.S. Senator Susan Collins
Whitehouse Pushes for Medicare to Pay for Person-Centered Care
Published on July 11, 2016 in Pawtucket Times
At a June hearing of the U.S. Senate Special Committee on Aging, Senator Sheldon Whitehouse calls for improving care for over 90 million Americans with advanced illnesses like Alzheimer’s disease, cancer, and heart disease. On the day of this Aging panel hearing, the Rhode Island Senator unveiled his legislative proposal, “Removing Barriers to Person-Centered Care Act,” at this panel hearing that would promote better coordination between health care providers, and place greater emphasis on the care preferences of Medicare beneficiaries with advanced illnesses.
The hearing, titled “The Right Care at the Right Time: Ensuring Person-Centered Care for Individuals with Serious Illness,” explored ways to improve the quality and availability of care and examined care models that are helping people with serious illness and their families.
Having Important Life Conversations
The June 23 hearing pulled together witnesses who called for “about the need for families and health care providers to prioritize these important life conversations, so that individuals’ wishes are known and person-centered care is prioritized,” noted U.S. Senator Susan Collins, who chairs the Senate Special Committee on Aging. In her opening statement the Maine Senator called for federal policies to “support efforts to relieve suffering, respect personal choice, provide opportunities for people to find meaning and comfort during serious illness, and – most important – remain in control of their own care.”
Advance care planning conversations to a patients’ physical, emotional, social and spiritual well-being are important in the care of a patient, says Collins. However, studies reveal that less than one-third of physicians have reported that their practice or health care system has a formal program in place to assess patients’ goals or preferences, she notes.
Collins also shared a personal story of a close friend who benefited from the person-centered care she received while she was a patient at the Gosnell Memorial Hospice House in Scarborough, Maine. “Despite her serious illness, because of hospice care her days were filled with visits from friends and families and many joyful moments, and she was surrounded by her family when she died peacefully,” she said.
“I’ve heard from Rhode Islanders about how difficult it can be for patients battling serious, advanced illnesses to get the care and respect they want,” said Whitehouse.
Whitehouse noted that “We can do better by these patients. Because so many of the rules and incentives in our health care system are tied to the payment structure, we should design payment systems that support models of coordinated care that focuses on the full person. Payment systems should reward providers for honoring patients’ own preferences for their care.
As Dr. Atul Gawande, surgeon and author of the New York Times best-selling book, “Being Mortal, mentioned in his testimony, “people with serious, potentially life-limiting illnesses face substantial and increasing suffering, particularly during the last year of life. Medical care today typically exacerbates this suffering, often without any benefit of lengthened life. We have an opportunity to change this.”
“The goal is not a good death. Instead, the goal is to have as good a life as possible all the way to the very end,” say Dr. Gawande.
In her testimony, Amy Berman, a nurse and senior program officer at the John A. Hartford Foundation, who is living with stage IV inflammatory breast cancer stand stressed the importance of palliative care, which is designed to improve the quality of life for patients with serious illness.
“Palliative care is the best friend of the seriously ill,” said Berman, “Studies have shown that when palliative care is added at the beginning of a serious illness that people feel better and live longer.”
Finally, Dr. Kate Lally, Chief of palliative care for the Providence-based Care New England Health System, Medical Director of the Integra Accountable Care Organization, and Assistant Professor of Medicine at Alpert Medical School of Brown University, urged Congress to consider legislation that would improve the quality, not just the quantity, of life of the seriously ill. “I feel blessed to do this work, and to be able to reflect with my patients on the life they have lived, their joys and regrets,” she said. “I feel I am able to share some of the most sacred moments of their life, and be at their side as they consider what is most important to them in their limited time.”
“The healthcare system as a whole, as well as Medicare and Medicaid, need to face growing expectations about how people with serious or terminal illnesses are treated,” said AARP Rhode Island State Director Kathleen Connell. “We are investing in prevention and early treatment and getting better results. Ultimately, however, people will still face serious illness and palliative care. Person-centered care is the proper prescription, and we must strive to make sure that it’s available. We need to be vigilant when it comes to supporting a healthcare environment in which patients with serious illness feel they are well informed and can remain properly in control of their options. And while families still tend to avoid these discussions in advance, when the time is right proper guidance makes a world of difference.
“People form especially strong opinions about decisions made that may prolong their existence, but add little to the quality of lives and, in fact, can prolong suffering,” Connell added. “Conversations on this phase of life are critical and we applaud Senators Collins and Whitehouse for their contribution to this dialogue.”
Legislation to Support New Models of Coordinated Care
The thrust of Whitehouse’s legislative proposal is to promote better coordination between health care providers, and place greater emphasis on the care preferences of Medicare beneficiaries with advanced illnesses.
“Too many Rhode Island Medicare patients battling difficult illnesses are struggling to get the right care at the right time,” said Whitehouse. “We need to break down the barriers between patients and the care they need. Because so many of the rules and incentives in our health care system are tied to the payment structure, we should design payment systems that support new models of coordinated care that are focused on human beings and not some rule or regulation.”
Whitehouse’s legislation would establish a pilot program administered by the Centers for Medicare and Medicaid Services (CMS) made up of twenty “advanced care collaboratives” of affiliated health care providers and community-based social service organizations. Collaboratives would receive a planning grant to assess the needs of the population of patients it would serve; to purchase or upgrade health information technology to facilitate better coordination of care between providers; and to support education and training on documenting and communicating beneficiary treatment preferences and goals.
Once planning is complete, collaboratives would enter a three-year payment agreement with Medicare to provide coordinated, high-quality care for their target patient population. Under the terms of the pilot program, CMS would waive regulations to promote innovative care for patients with advanced illness.
Waivers would be granted to allow Medicare patients to receive hospice care and curative treatment at the same time. Currently CMS’s regulations force patients to choose one or the other for their terminal illness. Patients would be able to also receive Medicare coverage in a skilled nursing home without a consecutive three-day inpatient hospital stay. Under current Medicare rules, patients are often charged for skilled nursing care after they leave an inpatient hospital stay because they were hospitalized for observation rather than admitted to the hospital.
Whitehouse’s legislative proposal would also allow Medicare patients to receive home health services without the requirement that they be homebound. Under current rules, a patient’s condition must have progressed such that there “exists a normal inability to leave home,” denying these services to those who are seriously ill but still mobile. Finally, it would also allow nurse practitioners to sign home health and hospice care plans and certify patients for the hospice benefit. Right now, only doctors can do so, even though nurse practitioners are often the ones administering home health and hospice care. This forms another barrier for patients seeking these services, especially in underserved and rural areas.
According to Tom Koutsoumpas, Co-Chair of the Coalition to Transform Advanced Care’s (C-TAC) Board of Directors, Whitehouse’s legislative proposal is “a critical step forward to achieving high-quality, coordinated care for those with advanced illness. This legislation allows for important innovations in care delivery and removes obstacles to support patients throughout the care continuum.”
Herb Weiss 