The signing of the Social Security Fairness Act by President Joe Biden on January 5 marked a monumental victory for millions of public servants across the nation, including law enforcement officers, firefighters and teachers, who received reduced Social Security benefits for years because of the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO).
Enacted over four decades ago, the WEP trimmed benefits for public employees who received pensions not covered by Social Security payroll taxes, while the GPO cut Social Security spousal or widow benefits for those who also received public pensions not covered by Social Security.
The signing of this act will result in an average monthly increase of $360 for nearly three million Social Security recipients, as well as a lump sum in the thousands of dollars to make up for the shortfall in benefits they should have received in 2024.
The journey to repeal these provisions required relentless advocacy, strategic coalition-building and unwavering persistence from first responder unions across the country, including the Fraternal Order of Police (FOP), the Peace Officers Research Association of California (PORAC), the National Association of Police Organizations (NAPO) and the International Association of Fire Fighters (IAFF).
According to FOP President Patrick Yoes, the financial hardships created by the WEP and GPO were particularly devastating for those in law enforcement. “It is my belief that public safety is impacted at a higher percentage than other public employees — for those in policing, the physical and emotional toll is disproportionately higher than in other public-sector fields,” he says. “Despite paying into the Social Security system at the full rate, just like every other American worker, law enforcement officers affected by WEP and GPO were penalized and deprived of the very benefits that other classes of workers enjoyed.”
Yoes says that these provisions amounted to tens of thousands of dollars in lost retirement income throughout officers’ careers, and made recruiting new peace officers that much more difficult. “Private-sector workers considering a career in public service had to weigh the potential reduction in their already earned benefits against their desire to serve their communities,” he says. “This disincentive further compounded the strain on agencies in need of committed and qualified officers, ultimately affecting public safety nationwide.”
NAPO President Mick McHale echoed the significance of this long-fought victory, emphasizing the fairness and dignity restored to public servants. “Many of our retirees will finally be treated fairly and equally as other members of our society,” he says. “They’ve been penalized for years and years just for being part of one of the most honored professions in the world. It was a memorable and honorable feeling to observe President Biden sign this into law and right what we believe was truly wrong. To be standing in the room as this long-fought battle finally crossed the finish line and watch as H.R. 82 was written into law was one of the highlights of my career.”
McHale also highlighted the “quiet champions” throughout this process — the families of officers — who have “held us up and allowed us to say goodbye, knowing that, God forbid, this may be the last time we have the opportunity to be together. Our families are the ones who support and defend us, and now, they will also benefit from this historic passage.”
PORAC President Brian Marvel noted that a collaborative effort between labor unions and advocacy groups across the nation was essential in keeping this issue alive and top of mind for Congress.
“Ultimately, it was the collective power of law enforcement and labor organizations that ultimately righted this wrong, restoring dignity in retirement for nearly three million peace officers, teachers, firefighters, postal workers and other public employees,” he says.
A total team effort was needed to fight against intense pushback from opponents, who were determined to stop the bill and used every parliamentary tool at their disposal to stop it from passing by forcing the Senate to move slowly in the hopes they could run out the clock on the 118th Congress. According to FOP Executive Director Jim Pasco, Senator Michael D. Crapo (R-Idaho), the incoming chairman of the Committee on Finance, as well as Senators Ted Cruz (R-Texas) and Charles E. Grassley (R-Iowa), posed the most significant threats to the bill’s passage. All three senators tried to prevent the vote, then turned to filing amendments and using Senate procedures to slow down its consideration.
Similar tactics have been used for decades, Pasco adds, which made the passing of the act that much harder. “For 30 years, they were able to maintain the WEP and GPO by using delays, parliamentary procedure and the powers of the committee system to deny us a vote,” he says. “We knew that if members of Congress were to vote on the bill directly, we would succeed, and we did.”
Helping ensure the Social Security Fairness Act crossed the finish line were the bill’s sponsors, Representatives Garret N. Graves (R-La.) and Abigail D. Spanberger (D-Va.), who skillfully guided this bill through the House despite extraordinary challenges and a stop-at-all-costs effort by the legislation’s opponents. “While we could have moved the bill forward sooner, Congressman Graves’ negotiations with the House Ways and Means Committee ultimately paid tremendous dividends,” Yoes says. “When it finally came to a vote in the House, the respect he earned was crucial in securing additional support. The FOP and our members are eternally grateful to Representatives Graves and Spanberger, as well as Senator Chuck Schumer, who made good on his promise to us by bringing the House version to the Senate floor for vote and passage. We also need to thank President Biden, who has long been a supporter of this repeal, and President Trump. At a key moment in this process, we appealed to him for help, and he gladly delivered and powerfully provided the support we needed.”
The repeal of WEP and GPO is not just a massive legislative victory but a deeply personal one for many in law enforcement. To officers who have spent their careers serving their communities, this change signifies fairness and recognition of their sacrifices. Las Vegas Police Protective Association President Steve Grammas highlighted how this issue has impacted his own family. “My father was one of those who paid into Social Security his whole life and then became a police officer. He got his pension but saw his Social Security payment drastically reduced because of the WEP,” Grammas shares. “Once the Social Security Fairness Act made it through Congress and to the president’s desk, we had every belief he was going to sign it. It’s a great feeling for everyone who has worked hard for so many years to finally receive what they’ve earned.”
To Marvel, the passing of this historic victory sends a clear message to law enforcement officers and public employees. “Your voices matter, and collective action can lead to meaningful change,” he says. “It reinforces the idea that standing together through challenges, no matter how long it takes, can yield real results.”
For many retired officers, the repeal of WEP and GPO is not just financial assistance — it’s an acknowledgment of their years of dedicated service to our communities. “Peace officers spend their entire careers putting the safety and well-being of others above their own,” Marvel says. “The passage and signing of the Social Security Fairness Act is an acknowledgment that their sacrifice is appreciated and that they deserve access to the benefits they’ve rightfully earned.”
Those who previously filed for Social Security benefits that are partially or completely offset do not need to take any action other than to verify that the Social Security Administration has their current mailing address and direct deposit information, which can be done by visiting ssa.gov/myaccount. Workers with a public pension who are interested in filing for Social Security benefits can file online at ssa.gov.
