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Social Security Fairness Act Q&A

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National Fraternal Order of Police

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National Fraternal Order of PoliceUpdated: 1/5/2024 - This document will be updated frequently.PLEASE NOTE:The Social Security Fairness Act was signed into law by President Biden and January 5, 2025.This information is provided as a courtesy to help understand potential changes to benefits when the Social Security Fairness Act be enacted.Once signed into law, the Act will require implementation by the Social Security Administration (SSA). The timeline for implementation is currently unknown, especially considering the following factors:• The holiday season.• The Federal government is operating under a Continuing Resolution (CR) through March 14, 2025.• A potential partial government shutdown in March could further delay implementation.We will provide updates as more information becomes available.National Fraternal Order of Police Executive BoardPatrick YoesPresidentJoe GamaldiVice PresidentJimmy Holderfield SecretaryJames Smallwood TreasurerJohn Hoyt 2ndVice PresidentSteve JamesSgt at ArmsRob PrideChairman of TrusteesJames PascoExecutive DirectorDISCLAIMER: This overview is provided as a general informational resource to assist members in understanding changes associated with the passage of the Social Security Act. It is not intended to serve as legal, financial, or professional advice. For personalized and precise details regarding how these changes may impact you, we strongly recommend contacting the Social Security Administration directly. Their representatives can provide the most accurate and up-to-date information tailored to your individual circumstances and participation in the Social Security system.Stay informed about your Social Security benefits! Opening a my Social Security account is a simple and secure way to track your benefits progress, review your earnings record, and ensure everything is accurate.Here’s how to get started:Visit www.ssa.gov/myaccount.1. Click “Sign In or Create an Account.”2. Follow the prompts to create your account or log in if you already have one.Take control of your financial future today—it only takes a few minutes!Open your account.

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Historic FOP Victory: The Repeal of WEP and GPOFor over four decades, public servants acrossAmerica have endured an inequity that denied them and theirfamilies the Social Security benefits they rightfully earned.I am proud to announce that the passage of the SocialSecurity Fairness Act marks the end of this injustice. The WindfallElimination Provision (WEP) and Government Pension Offset(GPO) have been repealed, representing a monumental stepforward in fairness and equality for public employees.The Fraternal Order of Police has been at the forefront of this fight fromthe very beginning. This victory is not just a legislative achievement; it is atestament to the power of perseverance and unity. The FOP’s role in thismonumental effort cannot be overstated. At every level of our organization,from the national, state and local lodge’s leadership and individual members,we worked tirelessly to create and sustain the undeniable momentum thatforced Congress to confront this injustice. This victory is a direct result of thestrength, resilience, and commitment of FOP members across America whonever wavered in their pursuit of fairness.The journey to this historic moment has been long and arduous.Since the WEP and GPO were enacted in the 1980s, they have unfairlypenalized public employees who also worked jobs covered by Social Security.These provisions reduced benefits by up to 60% for those with mixedemployment histories and deprived surviving spouses of their rightful benefits.What was intended to address "windfalls" instead created severe financialhardships for those who devoted their careers to serving their communities.This landmark legislation will have a transformative impact on the lives of morethan 4 million Americans and their families. By eliminating these provisions, weare ensuring that retired public servants, including countless law enforcementofficers, receive the full Social Security benefits they earned through yearsof dedicated service. For many, this will mean a significantly improvedquality of life, financial security, and peace of mind in their retirement years.This victory would not have been possible without the collaborationand support of key individuals and organizations. We extend our deepestgratitude to Representatives Graves and Spanberger, who championedthis cause in the House, and to Senator Sherrod Brown, whose unwaveringdetermination drove the bill forward in the Senate. Senate Majority LeaderChuck Schumer’s strategic guidance and commitment to fulfilling hispromise played an invaluable role in securing this legislative triumph.We also thank Senators Susan Collins and Bill Cassidy, whose bipartisan leadership helped build the broad support needed to pass the Social Security Fairness Act. Additionally, Senator Amy Klobuchar’s steadfast advocacy was instrumental in achieving this milestone. We are also grateful to Senator Kyrsten Sinema who was the bill’s quarterback on the Senate floor and executed our successful strategy.Our partners in the International Association of Fire Fighters (IAFF), ledby General President Ed Kelly, stood shoulder to shoulder with us throughoutthis fight, demonstrating the strength of our alliance on critical issuesaffecting our members. The International Association of Chiefs of Police alsoprovided crucial support, working closely with us to advance this legislation.Finally, we recognize the pivotal role played by President Biden, whocommitted to signing this bill into law, and President-elect Trump, whosetimely intervention provided crucial momentum at a key juncture. Theirleadership underscores the bipartisan commitment to correcting thislongstanding injustice.Patrick YoesNational PresidentFraternal Order of PoliceNational Fraternal Order of Police

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RepresentativeGarret GravesR-LARepresentativeAbigail SpanbergerD-VASponsors of the Social Security Fairness Act:National Fraternal Order of Police

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The repeal of WEP and GPO is one of the most impactfuladvancements in the FOP’s 110-year history. Since our founding in 1915, theFOP has played a critical role in every major legislative milestone for lawenforcement and public employee rights. This victory adds to our extensivelist of achievements, further solidifying the FOP’s reputation as a powerfuladvocate for justice and fairness.This accomplishment would not have been possible without theunwavering support and action of our members. At every level of the FOP,our state and local lodge leaders mobilized their members to write letters,make calls, and meet with their Representatives and Senators. Thisgrassroots effort created an undeniable force that demanded attentionand action. The passion and determination of our members across Americawere the driving forces behind this success. Your voices and persistenceensured that the voices of public servants were heard loud and clear. Thisvictory is not just a win for the FOP but for every public servant who facedthese unjust provisions.The repeal of WEP and GPO is more than a legislative success; it is astatement of our values as a nation. It sends a clear message that thesacrifices and contributions of public servants will not be overlooked orundervalued. As President Biden prepares to sign this bill into law, wecelebrate not only the end of a 40-year injustice but also the beginning of anew chapter for public employees and their families.While we take this moment to celebrate, we also remain steadfast in ourmission. The FOP will continue to lead the charge on issues affecting ourmembers and the law enforcement community. Together, we will build on thissuccess, ensuring that fairness, respect, and dignity remain at the heart of ourprofession.To every member who participated in this righteous fight: thank you. Yourleadership, dedication, and resilience have created a brighter future for millionsof Americans. This victory is proof of what we can achieve when we worktogether with a shared commitment to justice.And lastly, I want to extend our collective gratitude to the dedicatedNFOP's legislative staff in Washington, DC, led by Executive Director Jim Pascoand Senior Legislative Liaison Tim Richardson, they never wavered in their fightagainst this injustice. Thank you for your service and for being an integral part ofthis historic milestone. Together, we make history.This is your moment. This is our moment. Let us celebrate this historicachievement and continue to move forward with the same determination andunity that brought us here.Thank you for your service and for being an integral part of this historicmilestone. Working together, we continue to made history.The Power of FOP Unity and Leadership Cannot Be UnderstatedNational Fraternal Order of Police

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Social Security Fairness ActNational Fraternal Order of Police

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The Social Security Fairness Act:Frequently Asked Questions…On 12 November 2024, the U.S. House of Representatives passed H.R. 82, the “Social Security Fairness Act,” on a 327-75 vote. On 21 December 2024, the United States Senate passed the bill on a 76-20 vote. President Joseph R. Biden, Jr. is expected to sign the bill, but has not yet done so. The answers furnished below—which are subject to revision—are inapplicable until the legislation is signed into law. How do I know if I am affected by WEP?You are impacted by the WEP if you earn a retirement or disability pension from an employer who did not withhold Social Security taxes, AND you earned a Social Security benefit from work for which your employer did withhold Social Security taxes, provided that the wages you received were considered “substantial earnings” for that taxable year. What is the Social Security Fairness Act?The Social Security Fairness Act has been introduced in every Congress since 1997. The most recent version that will be sent to the President was introduced by former Representatives Garrett N. Graves (R-LA) and Abigail D. Spanberger (D-VA) as H.R. 82 in the House and as S. 597 by former Senator Sherrod D. Brown (D-OH) and Senator Susan M. Collins (R-ME).The FOP has been intimately involved with the drafting, introduction, and legislative activity on the bill since 1996. It was designated a top legislative priority by the delegates assembled at the National Biennial Conference in Orlando, Florida in 1997.National Fraternal Order of Police

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The Social Security Fairness Act:Frequently Asked Questions…On 12 November 2024, the U.S. House of Representatives passed H.R. 82, the “Social Security Fairness Act,” on a 327-75 vote. On 21 December 2024, the United States Senate passed the bill on a 76-20 vote. President Joseph R. Biden, Jr. is expected to sign the bill, but has not yet done so. The answers furnished below—which are subject to revision—are inapplicable until the legislation is signed into law. How do I know if I am affected by GPO?The GPO offsets the Social Security benefit to which a spouse or widow(er) is entitled by two-thirds of the monthly amount of any government pension from noncovered employment that the surviving spouse might receive. For example, the wife of a retired law enforcement officer who collects a government pension of $1,200 would be ineligible to collect the surviving spousal benefit of $600 from Social Security upon the death of her spouse. Two-thirds of $1,200 is $800, which is greater than the spousal benefit of $600 and thus, under this law, Your spouse would be unable to collect it. If the spouse’s benefit were $900, only $100 could be collected, because $800 would be “offset” by their government pension. I am impacted by WEP, what does this mean for me?Once signed, the WEP formula will be repealed, effective as of the “months after December 2023.” Individuals previously impacted by a reduction of up to 60% of their Social Security benefit—a reduction based on their number of years of substantial earnings—will begin receiving their full benefit without any reduction. National Fraternal Order of Police

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The Social Security Fairness Act:Frequently Asked Questions…On 12 November 2024, the U.S. House of Representatives passed H.R. 82, the “Social Security Fairness Act,” on a 327-75 vote. On 21 December 2024, the United States Senate passed the bill on a 76-20 vote. President Joseph R. Biden, Jr. is expected to sign the bill but has not yet done so. The answers furnished below—which are subject to revision—are inapplicable until the legislation is signed into law. When will I start Collecting my full Social Security or survivors Benefit?President Biden must first sign the bill into law. Once he has done so, the Social Security Administration will need time to implement the change to the law, which takes effect in the “months after December 2023.”I am impacted by GPO, what does this mean for me?Once signed, the GPO will be repealed, effective as of the “months after December 2023.” Individuals previously impacted by the GPO will no longer have the survivor’s benefit their spouse earned through their work be offset by the amount of their government pension.National Fraternal Order of Police

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The Social Security Fairness Act:Frequently Asked Questions…On 12 November 2024, the U.S. House of Representatives passed H.R. 82, the “Social Security Fairness Act,” on a 327-75 vote. On 21 December 2024, the United States Senate passed the bill on a 76-20 vote. President Joseph R. Biden, Jr. is expected to sign the bill but has not yet done so. The answers furnished below—which are subject to revision—are inapplicable until the legislation is signed into law. My spouse died several years ago, but Social Security told me that because I am a retired public employee with a pension, I am not entitled to the survivor’s benefit from my spouse. Will this new law help me?Yes! Beginning in the “months before December 2023,” the survivor’s benefit to which you are entitled will no longer be offset by two-thirds of the amount you collect from your pension. In many cases, the offset eliminated the survivor’s benefit entirely. The new law ensures that spouses who collect a public pension will be able to collect the survivor’s benefit that their spouse paid for.Will this new law benefit me if I have been retired for some time and have been collecting Social Security benefits for years?Yes! Beginning in the “months before December 2023,” the WEP will no longer be applied to your benefit, and you will begin to collect the full amount based on your years of substantial earnings when you contributed to Social Security.National Fraternal Order of Police

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The Social Security Fairness Act:Frequently Asked Questions…When will President Biden sign H.R. 82 into Law?President Biden signed the Social Security Fairness Act into law on January 5, 2025 during a signing ceremony at the White House.National Fraternal Order of Police

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National Fraternal Order of PoliceThe voice of America’s Law Enforcement378,000 members STRONG!www.fop.netNational HeadquartersAdministrative Division and Labor Services DivisionAtnip-Orms Center701 Marriott DriveNashville, TN 37214(615) 399-0900 Phone(615) 399-0400 FaxSteve Young Law Enforcement Legislative Advocacy Center328 Massachusetts Avenue, NEWashington, D.C. 20002(202) 547-8189 Phone(202) 547-8190 Fax