Social Security Privatization
Your Money, Your Choice, Your Future

April 6, 2001

Pension Offset Legislation Reappears on the Hill

The Washington Post reports that legislation to address the Social Security government pension offset is gaining support in Congress. The offset reduces Social Security spousal benefits to individuals who receive a pension from employment not subject to Social Security taxes, primarily federal, state or local government.

The reason for the pension offset is relatively straightforward. Social Security provides spousal benefits to individuals (generally women) who have little or no Social Security benefits of their own. Some people, however, worked in non-covered employment where they were not required to pay Social Security taxes. These people appear as if they had very low incomes, even if they are receiving pensions from their job.

The offset reduces Social Security spousal or widow's benefits by two-thirds of the amount of the individual's government pension. For instance, an individual receiving $600 monthly from their government pension would see their Social Security benefits reduced by $400.

Sen. Barbara A. Mikulski (D-Md.) has introduced S 611, the Government Pension Offset Reform Act, with 12 co-sponsors from both sides of the aisle. Rep. William J. Jefferson (D-La.) already has 170 co-sponsors for H.R. 664, which was introduced by not passed in the previous session.

Meanwhile, two House members also have introduced bills to alter the windfall elimination offset. Workers who spent part of their working lives in non-covered positions would often receive disproportionately high Social Security benefits in the absence of the offset. The reason is that a worker receives Social Security retirement benefits based upon his Average Indexed Monthly Earnings (AIME). A worker who spent many years in a non-covered occupation would have an artificially low AIME for Social Security purposes, implying that he had low lifetime earnings. Social Security's progressive benefit formula replaces a much higher percentage of earnings for those with lower earnings, so workers with many years in government employment and relatively few in the private sector would receive artificially high Social Security benefits. The offset reduces Social Security benefits for workers receiving a pension from employment not subject to Social Security taxes. Rep. Max Sandlin (D-Tex.) has introduced legislation to repeal the windfall offset provision while Rep. Barney Frank (D-Mass.) seeks a "partial repeal."

The lesson for reformers from the various offets, as well as from the so-called "notch issue" and other matters, is that a politicized pension system lacking in property rights for workers inevitably generates bones of contention between retirees wishing to receive more benefits and taxpayers and the government sometimes loath to provide them. As Charles Blahous puts it in his recent book, Reforming Social Security, "Because benefits are set through a political process each year, not by the level of savings that each individual has accrued and over which he has property rights, the charge can perpetually be made that individuals are being ripped off and that they need someone to lobby on their behalf."

For more information, see "Property Rights: The Hidden Issue of Social Security Reform," by Charles E. Rounds Jr.


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