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Investigations


RETIRED MISSOURI TEACHER SAYS LITTLE-KNOWN LAWS ARE ROBBING EDUCATORS OF
RETIREMENT BENEFITS

Missouri is one of 15 states where educators are impacted by decades-old laws
known as the Government Pension Offset and the Windfall Elimination Provision.
Retired Missouri teacher says little-known laws are robbing educators of
retirement benefits



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Author: Paula Vasan
Published: 1:49 PM CDT May 3, 2024
Updated: 4:12 PM CDT May 3, 2024


MISSOURI, USA — Across the country, there are teachers facing an uncertain
future, their retirement dreams shattered.

“I think it's a slap gut punch for teachers," said Jeannette Dowling, a retired
teacher from Missouri.

She dedicated 40 years of her life to shaping young minds. Just ask about her
students, and her eyes light up. 



“Oh, it's a calling," said Dowling. 

Her husband, a Navy veteran, spent his career as a Boeing machinist. When they
retired, she said she learned she’d only get a fraction of her husband’s Social
Security when he passes. She said a financial planner and someone from the
Social Security Administration told her she would get a third of her husband’s
Social Security when he dies. She said she has talked with other teachers who
have experienced the same thing.

“What am I supposed to do?” said Dowling. “I wasn't counting on losing that
much.”

Despite her decades of teaching, Dowling only contributed to a pension for her
10 years in public schools. She said it left her with about $40,000. It's money
long gone, spent on medical bills and a mortgage. 

“I feel very uneasy," she said.

The I-Team learned that Missouri is one of 15 states where educators are
impacted by decades-old laws known as the Government Pension Offset and the
Windfall Elimination Provision. They affect people who do not pay into Social
Security and instead get a pension.  

The Windfall Elimination Provision (WEP) was passed in 1983 and the Government
Pension Offset (GPO) was passed in 1977. The Windfall Elimination Provision is a
reduction in benefits imposed on someone’s own Social Security benefit when they
begin to collect a pension from a public service job that did not collect Social
Security taxes during their employment. It impacts people who worked for state
and local governments. The Government Pension Offset is a Social Security
provision that reduces benefits for people who apply for Social Security spousal
or survivor benefits if they worked for a state or local government in
non-Social Security-covered employment and are entitled to a pension from that
employment. Salvador said the Government Pension Offset is what Dowling was
likely impacted by.



States where the federal Government Pension Offset and Windfall Elimination
provisions are enforced, where teachers are often not covered by Social Security
and receive a pension instead:

1.  Alaska

2.  California

3.  Colorado

4.  Connecticut

5.  Georgia (some areas)

6.  Illinois

7.  Kentucky (some areas)

8.  Louisiana

9.  Maine

10. Massachusetts

11. Missouri

12. Nevada

13. Ohio

14. Rhode Island (some areas)

15. Texas

Source: National Education Association

In Missouri, it’s estimated there are 45,000 people just like Dowling. In
Illinois, there are nearly 105,000. Many of them are blindsided, according to
the National Education Association. 

“They don't know anything about it," said Dowling. 

Paul Van de Water, senior fellow at the Center on Budget and Policy Priorities,
a Washington D.C.-based think tank that analyzes the impact of federal and state
government budget policies, argues it’s about fairness. 

He said he supports the Social Security's Windfall Elimination Provision and
Government Pension Offset.  He told us in an interview: “Well, the ideal
situation would be if all employment were covered by Social Security, then this
issue wouldn't arise. But when you're a non-covered employee, the special
adjustments are needed to make sure that you're treated comparably - not better
than folks who've been in Social Security their entire lives. So it's a question
of ensuring equity between people in and outside the system.”

Van de Water said these provisions are administered by Social Security, not
enforced by the states. He said the issue stems from decisions by some states to
operate pension plans that are not integrated with Social Security.

Others say the provisions confuse and penalize people who do not deserve it. 



“Yeah, it's completely unfair," said Stephanie Salvador, a lobbyist with the
National Education Association, the nation’s largest teachers’ union.

"It comes as a shock to many individuals who do not learn about these provisions
until they reach retirement age," she said. “And it's disproportionately
affecting women who are more likely to enter public service careers like
teaching.”

"And why is there no awareness about this?” asked Senior Investigative Reporter
Paula Vasan.

"Employers don't want to disclose these provisions because they know that this
could discourage people from entering these professions," said Salvador.

Now, new federally-proposed legislation is aiming to make a change. If passed,
Salvador said the Social Security Fairness Act would allow Dowling to collect
her full retirement benefits.

H.R. 82, known as the Social Security Fairness Act, is a bipartisan bill that
repeals two provisions of the Social Security Act that reduce Social Security
benefits for people who receive other benefits. In the Senate, the bill is S.
597 with the same name.

But for now, Dowling is watching every penny. 

“Social Security was like a safety net. And it made you feel safe. And I didn't
think they could just do this," she said.

As the debate over Social Security reform continues, the voices of retired
educators grow louder, demanding justice in their golden years. Others argue
repealing the law would give certain public service workers like teachers an
unfair advantage. 

5 On Your Side reached out to the Social Security Administration. The agency
provided these resources:

“We are providing the resources below that discuss the Windfall Elimination
Provision and Government Pension Offset.”

 * Overview: Information for Government Employees

 * Windfall Elimination Provision (WEP)
   
   * WEP Fact Sheet
   
   * WEP Research, Statistics & Policy Analysis



The WEP does not apply to survivors' benefits. We may reduce spouses or
surviving spouses' benefits because of another law, Government Pension Offset.

 * Government Pension Offset (GPO)
   
   * GPO Fact Sheet
   
   * GPO Research, Statistics & Policy Analysis


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