Congress Passes Social Security Fairness Act, Restoring Full Benefits to Public Service Workers

Over the weekend, Congress passed a law to give federal and state public service workers their full Social Security benefits, ending a fight that lasted decades.

The new law, called the Social Security Fairness Act, was co-written by Senator Susan Collins. It removes two rules—the Windfall Elimination Provision and the Government Pension Offset—that reduced Social Security payments for many public service workers.

These rules affected over 25,000 people in Maine, including Penny Whitney-Asdourian, who worked for more than 30 years in the Maine Judicial Branch. Her husband, a retired firefighter, was also affected. Together, these rules cut their Social Security benefits by $1,200 every month.

It felt unfair, Whitney-Asdourian said. “We paid into Social Security, but we couldn’t get the full benefits we earned because we chose public service careers.

The Windfall Elimination Provision, created in the 1980s, reduced Social Security payments for people who worked both in public service jobs (with pensions) and private-sector jobs covered by Social Security. The Government Pension Offset, introduced in the 1970s, reduced Social Security for spouses, widows, and widowers whose partners had public service pensions.

These rules were meant to save money for Social Security, but they ended up hurting public service workers.

“This is the best Christmas gift public service retirees could ever receive,” Whitney-Asdourian said.

With these penalties gone, Whitney-Asdourian and her husband might quit their seasonal jobs, which they took to make up for their reduced benefits.

For Ginette Rivard, a retired state worker and former leader of the Maine State Employees Association, this change means she can feel more secure about paying her living expenses in retirement. She also believes the new law will encourage young people to choose public service careers and might even lead some older workers to retire sooner, knowing they’ll now get full Social Security benefits.

For years, lawmakers tried to get rid of these penalties, but earlier efforts never got enough votes. This time, the Social Security Fairness Act passed the House in November and cleared the Senate early Saturday morning with a vote of 76-20.

This is a win for thousands of teachers, first responders, and public servants in Maine and across the country, Senator Collins said. It allows them to retire with dignity and receive the benefits they earned through years of work.

 

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