STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
JOINT RESOLUTION MEMORIALIZING THE FEDERAL
GOVERNMENT TO ELIMINATE THE WINDFALL
ELIMINATION PROVISION THAT PENALIZES MAINE STATE
RETIREES
WE, your Memorialists, the Members of the One Hundred and Thirtieth Legislature of the
State of Maine now assembled in the First Regular Session, most respectfully present and
petition the President of the United States and the Congress of the United States, as follows:
WHEREAS, under current federal law, individuals who receive a Social Security benefit
and a public retirement benefit derived from employment not covered under Social Security
are subject to a reduction in the Social Security benefits; and
WHEREAS, these laws, contained in the federal Social Security Act, 42 United States
Code, Chapter 7, Subchapter II, Federal Old-Age, Survivors, and Disability Insurance Benefits,
and known as the Government Pension Offset and the Windfall Elimination Provision, greatly
affect public employees, particularly women; and
WHEREAS, the Windfall Elimination Provision reduces by a formula the Social Security
benefit of a person who is also receiving a pension from a public employer that does not
participate in Social Security; and
WHEREAS, the Government Pension Offset and the Windfall Elimination Provision are
particularly burdensome on the finances of low-income and moderate-income public service
workers, such as school teachers, clerical workers and school cafeteria employees, whose
wages are low to start; and
WHEREAS, the Government Pension Offset and the Windfall Elimination Provision both
unfairly reduce benefits for those public employees and their spouses whose careers cross the
line between the private and public sectors; and
WHEREAS, since many lower-paying public service jobs are held by women, both the
Government Pension Offset and the Windfall Elimination Provision have a disproportionately
adverse effect on women; and
WHEREAS, in some cases, additional support in the form of income, housing, heating
and prescription drug and other safety net assistance from state and local governments is needed
to make up for the reductions imposed at the federal level; and
WHEREAS, other participants in Social Security do not have their benefits reduced in this
manner; and
WHEREAS, to participate or not to participate in Social Security in public sector
employment is a decision of employers, even though both the Government Pension Offset and
the Windfall Elimination Provision directly punish employees and their spouses; and
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 WHEREAS, although the Government Pension Offset was enacted in 1977 and the
Windfall Elimination Provision was enacted in 1983, many of the benefits in dispute were paid
into Social Security prior to that time; now, therefore, be it
RESOLVED: That We, your Memorialists, respectfully urge and request that the President
of the United States and the Congress of the United States work together to support reform
proposals that include the following protections for low-income and moderate-income
government retirees:
1. Protections permitting retention of a combined public pension and Social Security
benefit with no applied reductions;
2. Protections permanently ensuring that level of benefit by indexing it to inflation; and
3. Protections ensuring that no current recipient's benefit is reduced by the reform
legislation; and be it further
RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary
of State, be transmitted to the Honorable Joseph R. Biden, Jr., President of the United States;
the President of the United States Senate; the Speaker of the United States House of
Representatives; and each Member of the Maine Congressional Delegation.
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