Assembly Joint Resolution No. 3–Assemblymen Buckley, Giunchigliani, Parks, Goldwater, Conklin, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Chowning, Christensen, Claborn, Collins, Geddes, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce, Sherer, Weber and Williams

 

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Assembly Joint RESOLUTION—Urging the Congress of the United States to amend the Social Security Act by repealing certain provisions that require reductions in the amount of social security benefits paid to persons who also receive certain federal, state or local government pensions.

 

    Whereas, In 1977, Congress amended the Social Security Act

 to provide that pensions earned in federal, state or local government

 employment not covered by social security be treated as if they

 were social security benefits, specifically requiring that if a person

 receives such a government pension, the social security benefits

 payable to that person as a spouse or surviving spouse be reduced

 by the amount of the government pension, which provision is

 commonly known as the Government Pension Offset; and

    Whereas, Congress further amended the Social Security Act in

 1983, reducing the amount of the Government Pension Offset to an

 amount equal to two-thirds of the amount of the government

 pension, but simultaneously enacting what is commonly known as

 the Windfall Elimination Provision, which requires reductions in

 the primary social security benefit earned by a person in

 employment covered by social security if the person also receives a

 pension from a federal, state or local government not covered by

 social security; and

    Whereas, Government employees in 15 states, including

 Nevada, earn pension benefits that are not covered by social

 security; and

    Whereas, The reductions in benefits effected by these

 provisions can be significant, the Windfall Elimination Provision

 reducing the earned benefits of a person subject to it by up to 60

 percent and the Government Pension Offset eliminating spousal

 benefits in their entirety for 9 out of every 10 retired government

 workers to whom it applies; and

    Whereas, The retirement security and economic well-being of

 over 300,000 government retirees is degraded by the Government

 Pension Offset, some of whose benefits are also subject to

 reduction pursuant to the Windfall Elimination Provision; and

    Whereas, Each provision has had unintentional consequences,

the Windfall Elimination Provision causing a relatively larger

 reduction in benefits paid to workers with low incomes, while the

 Government Pension Offset applies disproportionately to women,

 often dropping their income in retirement below the poverty line,

 with the ironic effect of making them eligible for more costly

 welfare benefits, such as food stamps; and

    Whereas, Growing awareness of the inequities imposed by the

 Windfall Elimination Provision and the Government Pension Offset

 threatens efforts to attract and retain persons into public service in

 the affected states, particularly into teaching, a field which is

 notoriously underpaid, whose ranks are disproportionately filled

 with women and for which there is a critical shortage; and

    Whereas, There is pending before the 108th Session of

 Congress the Social Security Fairness Act of 2003, H.R. 594 and

S. 349, which would repeal both the Government Pension Offset

 and the Windfall Elimination Provision; and

    Whereas, The repeal of these provisions would restore fairness

 and equity to the most vulnerable federal, state and local

 government retirees and eliminate disincentives for public service

 in the affected states; now, therefore, be it

    Resolved by the Assembly and Senate of the State of

 Nevada, Jointly, That the members of the Nevada Legislature

 hereby urge Congress to amend the Social Security Act by

 repealing the provisions, commonly known as the Government

 Pension Offset and the Windfall Elimination Provision, that require

 reductions in the amount of social security benefits paid to persons

 who also receive pensions earned in federal, state or local

 government employment not covered by social security; and be it

 further

    Resolved, That the Chief Clerk of the Assembly prepare and

 transmit a copy of this resolution to the Vice President of the

 United States as the presiding officer of the Senate, the Speaker of

 the House of Representatives and each member of the Nevada

 Congressional Delegation; and be it further

    Resolved, That this resolution becomes effective upon

 passage.

 

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