Heinrich, Luján Legislation to Fully Restore Social Security Benefits for Law Enforcement Officers, Firefighters & Public Servants Heads to President’s Desk to be Signed into Law

WASHINGTON — 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 today’s 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,” said Heinrich. “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.”

"I was proud to help pass the Social Security Fairness Act for the good of thousands of New Mexicans. This important bipartisan legislation will help ensure that New Mexicans are getting the benefits they have earned and deserve," said Luján. "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 (WEP), 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 (GPO), 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. 

The legislation is led by U.S. Senators Sherrod Brown (D-Ohio) and Susan Collins (R-Maine). Alongside Heinrich and Luján, the bill is cosponsored by U.S. Senators Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Bob Casey, D-Pa.), Bill Cassidy (R-La.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Maggie Hassan (D-N.H.), Mazie Hirono (D-Hawaii), John Hickenlooper (D-Colo.), Angus King (I-Maine), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D- Conn.), Lisa Murkowski (R-Alaska), Alex Padilla (D-Calif.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Tina Smith (D-Minn.), Elizabeth Warren (D-Mass.), Sheldon Whitehouse (D-R.I.), John Fetterman (D-Pa.), Kyrsten Sinema (I-Ariz.), Markwayne Mullin (R-Okla.), Debbie Stabenow (D-Mich.), Patty Murray (D-Wash.), Raphael Warnock (D-Ga.), Mark Kelly (D-Ariz.), Amy Klobuchar (D-Minn.), Michael Bennet (D-Colo.), Jacky Rosen (D-Nev.), Kirsten Gillibrand (D-N.Y.), Peter Welch (D-Vt.), Tim Kaine (D-Va.), Gary Peters (D-Mich.), Jon Tester (D-Mont.), Jeanne Shaheen (D-N.H.), Chris Van Hollen (D-Md.), John Kennedy (R-La.), Mike Braun (R-Ind.), J.D. Vance (R-Ohio), Maria Cantwell (D-Wash.), Brian Schatz (D-Hawaii),  Jon Ossof (D-Ga.), Laphonza Butler (D-Calif.), Deb Fisher (R-Neb.), Chuck Schumer, (D-N.Y.), Jerry Moran (R-Kan.), Pete Ricketts (R-Neb.), Dick Durbin (D-Ill.), Ben Cardin (D-Md.), Chris Coons (D-Del.), Mark Warner (D-Va.), Ron Wyden (D-Ore.), Marsha Blackburn (R-Tenn.), Rick Scott (R-Fla.), and John Boozman (R-Ark.). 

In the House, the legislation is led by U.S. Representatives Abigail Spanberger (D-Va.) and Garret Graves (R-La.). 

###