Upon commencing his employment with the U.S. Postal Service in February 1970, Dave Bernstein, then 87, began with an hourly wage of $2.35. In addition to his postal job, he undertook supplementary work to augment his income. Eventually, in 1992, Bernstein opted for voluntary retirement.
“We were aware that the early retirement would lead to a diminished pension,” remarked Phyllis Bernstein, 84, Dave’s wife.
However, what unfolded next caught the couple off guard. Despite anticipating a monthly Social Security check of approximately $800 for Dave, the actual amount turned out to be roughly half of that, approximately $415. This adjustment was made in accordance with regulations for individuals receiving both pension and Social Security benefits, even though Dave had accrued the necessary 40 credits for full insurance under the program.
The couple, currently living in Tampa, Florida, have experienced a retirement different from what they had originally envisioned, primarily due to the reduced income.
Phyllis continued working until the age of 82, and the couple has relied on financial assistance from family. Embracing a frugal lifestyle, they opt for home-cooked meals and maintained their cars for two decades, humorously noting they kept them “until the wheels were falling off.”
Despite their prudent approach, their limited financial means have prevented them from fulfilling Phyllis’ dream of traveling to Australia and New Zealand. Phyllis explained, “When he retired, I was working. We just couldn’t do the travel.”
Presently, Dave is advocating for a change in the Social Security rules that led to a reduction in his benefits.

The American Postal Workers Union, to which he belongs, has endorsed the Social Security Fairness Act, a congressional proposal seeking to repeal the Social Security rules known as the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). These rules reduce benefits for individuals with noncovered earnings, meaning they held positions where they did not pay Social Security taxes.
Support for this legislation extends to various organizations representing public workers, including teachers, firefighters, and police. In the House of Representatives, the bill boasts overwhelming bipartisan backing with 300 co-sponsors, a notable occurrence in a politically divided chamber. This widespread support recently led House lawmakers to request a hearing on the matter from the leaders of the Ways and Means Committee.
The Social Security Fairness Act has also been introduced in the Senate and has garnered support from 49 leaders spanning both sides of the aisle. Nevertheless, some experts argue that eliminating the rules may not be the most effective approach to achieving fairness in the system.
The functioning of the WEP and GPO rules
The WEP pertains to the computation of retirement or disability benefits when a worker has earned a pension from an employer not deducting Social Security taxes. This rule applies if the worker qualifies for Social Security based on employment in other roles where taxes were contributed to the program.
The calculation of Social Security benefits involves determining a worker’s average indexed monthly earnings and applying a formula to establish the basic benefit amount. For individuals affected by the WEP, a portion of the replacement rate for the average indexed monthly earnings is reduced from 90% to 40%.
Conversely, the GPO diminishes benefits for spouses and surviving spouses of individuals receiving retirement or disability pensions from local, state, or federal governments.
In accordance with the GPO, Social Security benefits undergo a reduction equivalent to two-thirds of the government pension. If this two-thirds portion exceeds the Social Security benefit, the latter may be reduced to zero.
The implications of these regulations are widespread, as highlighted by Edward Kelly, the general president of the International Association of Fire Fighters. Many firefighters engage in secondary employment in the private sector—such as cab drivers, bartenders, or truck drivers—where they accumulate credits towards Social Security.
“They steal their money, because they’re also public employees,” remarked Kelly, characterizing his union members as being “passionately angry” about this issue.
He emphasized that the impact extends to hundreds of thousands, if not millions, of public employees who contributed to Social Security. These individuals, including teachers, police officers, and firefighters, find themselves penalized merely because they serve as public servants.
Why professionals suggest an alternative solution might be more effective.
The intention behind the WEP and GPO rules was to ensure equitable treatment for workers who contribute to Social Security taxes throughout their entire careers, mirroring those who do not.
However, under the existing rules, some beneficiaries receive reduced benefits compared to what they would have received if they had paid into Social Security for their entire careers. Conversely, other beneficiaries receive higher benefits, as noted by the Bipartisan Policy Center.
While advocating for the repeal of the WEP and GPO rules, it has been determined that this action could lead to Social Security benefits being deemed “overly generous” for individuals without covered earnings. Research indicates that part of this potential advantage stems from the progressive nature of Social Security benefits, which disproportionately replace a higher proportion of income for lower earners. Consequently, those with only a portion of their salary history in Social Security may experience a higher replacement rate without accounting for their pension income.
Completely eliminating the WEP and GPO rules could incur higher expenses, especially at a time when the Social Security program is grappling with a funding shortfall. According to the Center on Budget and Policy Priorities, this change would contribute an estimated $150 billion to the program’s costs over the next decade.
An alternative method for addressing the disparity might involve adopting a proportional approach to income replacement. In lieu of the WEP, workers’ benefits would be computed based on their entire earnings and then adjusted to account for the proportion of their careers spent in jobs covered by Social Security. A parallel strategy could be employed for the GPO.
Several bills on Capitol Hill propose implementing a proportional approach. Nevertheless, Emerson Sprick, Senior Economic Analyst at the Bipartisan Policy Center, suggests that a proportional formula may not fully rectify all the inequities within the current system. This recognition has prompted the think tank to work on refining its proposal.
Challenging to comprehend due to its complexity.
Reforming the current formulas comes with a crucial benefit: simplifying the understanding and planning of retirements for workers.
“It is definitely extremely complex, and very hard for folks preparing for retirement or in retirement, to understand what it means for their benefits,” explained Sprick.
Notably, Social Security statements offering retirement benefit estimates do not consider these rules. As a result, many workers only discover the adjustments to their benefits when they are on the verge of retirement.
“The younger individuals don’t focus on it because it’s too distant; they’re not concerned about it,” commented Kelly regarding the firefighters.
“It’s not until you’re ready to go out the door that you actually start paying attention to what you’re going to have to live off when you actually retire,” he added.
Discovering the reductions to their Social Security benefits can come as a surprise.
For beneficiaries like the Bernsteins, who commence with lower benefits, catching up can be challenging, even with a record 8.7% Social Security cost-of-living adjustment implemented this year.
“Gas this summer and in the spring at $4 a gallon ate that money up like it wasn’t even there,” remarked Dave Bernstein.





