By Sen. Martin Heinrich
WASHINGTON D.C. — U.S. Senators Martin Heinrich, D-N.M., and Ben Ray Luján, D-N.M., secured Senate passage of the Social Security Fairness Act, legislation they cosponsored to restore full Social Security benefits for law enforcement officers, firefighters, and other state and local public servants by repealing two provisions of current law that unfairly reduce the Social Security benefits that public employees receive.
The Social Security Fairness Act passed the House in November and, following the Dec. 21 Senate passage, now heads to President Joe Biden to be signed into law.
“Our police officers, firefighters, bus drivers, and teachers deserve to receive the Social Security benefits they’ve earned after a lifetime of hard work,” Heinrich said. “No American should have to worry about affording basic necessities like food or safe housing after paying into Social Security their entire lives. I’m proud to advance this legislation to ensure all Americans get the benefits they are entitled to and can retire with the dignity and peace of mind they were promised.”
Luján also spoke about how proud he was to pass the Act.
“I was proud to help pass the Social Security Fairness Act for the good of thousands of New Mexicans,” he said. “This important bipartisan legislation will help ensure that New Mexicans are getting the benefits they have earned and deserve. I’m honored to stand with the millions of dedicated public servants — police officers, teachers, firefighters, and other local and state employees — who tirelessly serve our communities, trusting that they will receive the benefits they’ve been promised. I have always fought to protect New Mexicans’ Social Security, and I will always continue to do so.”
Over 15,000 New Mexicans who have dedicated their lives to public service are prevented from receiving the full Social Security benefits they have earned due to two laws from the 1970s and 1980s.
The Windfall Elimination Provision, enacted in 1983, reduces the earned Social Security benefits of a worker receiving their public pension from a job not covered by Social Security. For example, some 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 have reduced benefits, even though they pay into the system for enough quarters to receive benefits. Likewise, the Government Pension Offset, enacted in 1977, reduces 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 — often offsetting benefits entirely.
The Social Security Fairness Act would repeal both of these laws, ensuring law enforcement, firefighters, teachers, park rangers, and other public sector workers and their families receive the full Social Security benefits they’ve earned.