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Testimony:

Before the Subcommittee on Social Security, Committee on Ways and 
Means, House of Representatives:

United States Government Accountability Office:

GAO:

For Release on Delivery Expected at 1:00 p.m. EDT:

Thursday, June 9, 2005:

Social Security:

Coverage of Public Employees and Implications for Reform:

Statement of Barbara D. Bovbjerg, Director, Education, Workforce, and 
Income Security:

GAO-05-786T:

GAO Highlights:

Highlights of GAO-05-786T, a testimony before the Subcommittee on 
Social Security, Committee on Ways and Means, House of Representatives: 

Why GAO Did This Study:

Social Security covers about 96 percent of all U.S. workers; the vast 
majority of the rest are state, local, and federal government 
employees. While these noncovered workers do not pay Social Security 
taxes on their government earnings, they may still be eligible for 
Social Security benefits. This poses difficult issues of fairness, and 
Social Security has provisions that attempt to address those issues, 
but critics contend these provisions are themselves often unfair. The 
Subcommittee asked GAO to discuss Social Security's effects on public 
employees as well as the implications of reform proposals. 

What GAO Found:

Social Security’s provisions regarding public employees are rooted in 
the fact that about one-fourth of them do not pay Social Security taxes 
on the earnings from their government jobs, for various historical 
reasons. Even though noncovered employees may have many years of 
earnings on which they do not pay Social Security taxes, they can still 
be eligible for Social Security benefits based on their spouses’ or 
their own earnings in covered employment. 

To address the issues that arise with noncovered public employees, 
Social Security has two provisions—the Government Pension Offset (GPO), 
which affects spouse and survivor benefits, and the Windfall 
Elimination Provision (WEP), which affects retired worker benefits. 
Both provisions reduce Social Security benefits for those who receive 
noncovered pension benefits. Both provisions also depend on having 
complete and accurate information on receipt of such noncovered pension 
benefits. However, such information is not available for many state and 
local pension plans, even though it is for federal pension benefits. As 
a result, the GPO and the WEP are not applied consistently for all 
noncovered pension recipients. In addition to the administrative 
challenges, these provisions are viewed by some as confusing and 
unfair. 

In recent years, various Social Security reform proposals that would 
affect public employees have been offered. Some proposals specifically 
address the GPO and the WEP and would either revise or eliminate them. 
Such actions, while they may reduce confusion among affected workers, 
would increase the long-range Social Security trust fund deficit and 
could create fairness issues for workers who have contributed to Social 
Security throughout their working lifetimes. Other proposals would make 
coverage mandatory for all state and local government employees. 
According to Social Security actuaries, mandatory coverage would reduce 
the 75-year actuarial deficit by 11 percent. It could also enhance 
inflation protection, pension portability, and dependent benefits for 
the affected beneficiaries, in many cases. However, to maintain the 
same level of spending for retirement, mandating coverage would 
increase costs for the state and local governments that sponsor the 
plans, and would likely reduce some pension benefits. Moreover, the GPO 
and the WEP would still be needed for many years to come even though 
they would become obsolete in the long run. 

What GAO Recommends:

GAO has previously recommended that the Congress consider giving the 
Internal Revenue Service (IRS) the authority to collect the information 
that the Social Security Administration (SSA) needs on government 
pension income, which could perhaps be accomplished through a simple 
modification to a single form. GAO continues to believe that this 
important issue warrants further consideration by the Congress. 

www.gao.gov/cgi-bin/getrpt?GAO-05-786T. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Barbara D. Bovbjerg at 
(202) 512-7215 or bovbjergb@gao.gov. 

[End of section]

Mr. Chairman and Members of the Subcommittee:

I am pleased to be here today to discuss how Social Security affects 
public employees and how reforms may change those effects. Social 
Security covers about 96 percent of all U.S. workers; the vast majority 
of the rest are state, local, and federal government employees. One 
option for Social Security reform is extending coverage to all state 
and local government employees who are not currently covered. While 
these noncovered workers do not pay Social Security taxes on their 
government earnings, they may still be eligible for Social Security 
benefits. This poses difficult issues of fairness, and Social Security 
has provisions that attempt to address those issues. Still, these 
provisions have been difficult to administer. They have also been a 
source of confusion and frustration for the workers they affect. 

I hope I can help clarify and provide some perspective on the complex 
relationship between Social Security and public employees. Today, I 
will discuss Social Security's coverage of public employees, Social 
Security's current provisions affecting noncovered public employees, 
and proposals to modify those provisions or make coverage mandatory for 
all public employees. My testimony is based on a body of work we have 
published over the past several years.[Footnote 1]

In summary, Social Security does not cover about one-fourth of public 
employees, for various historical reasons. As a result, these employees 
do not pay Social Security taxes on earnings from their noncovered 
jobs. Nevertheless, they can still be eligible for Social Security 
benefits based on their spouses' or their own earnings in covered 
employment. Currently, Social Security has two provisions to address 
the resulting fairness issues. The Government Pension Offset (GPO) 
affects spouse and survivor benefits, and the Windfall Elimination 
Provision (WEP) affects retired worker benefits. Both provisions reduce 
Social Security benefits for those who receive noncovered pension 
benefits. However, the Social Security Administration (SSA) cannot 
effectively and fairly apply these provisions because it does not have 
access to complete and accurate information on receipt of such 
noncovered pension benefits. Implementation of some of our 
recommendations has improved the availability and tracking of key 
information for federal retirees, which we estimate will save hundreds 
of millions of dollars. However, Congressional action is still needed 
to improve access to information on state and local government 
pensions. 

In recent years, various Social Security reform proposals that would 
affect public employees have been offered. Some proposals specifically 
address the GPO and the WEP and would either revise or eliminate them. 
While we have not analyzed these proposals, we believe it is important 
to consider both the costs and the fairness issues they raise. Still 
other proposals would make coverage mandatory for all state and local 
government employees. According to Social Security actuaries, doing so 
for all newly hired state and local government employees would reduce 
the 75-year actuarial deficit by about 11 percent. It could also 
enhance inflation protection, pension portability, and dependent 
benefits for the affected beneficiaries, in many cases. However, to 
provide for the same level of retirement income, it could increase 
costs for the state and local governments that would sponsor the plans. 
Moreover, the GPO and the WEP would continue to apply for many years to 
come, even though they would become obsolete in the long run. 

Background:

Social Security provides retirement, disability, and survivor benefits 
to insured workers and their dependents. Insured workers are eligible 
for reduced benefits at age 62 and full retirement benefits between age 
65 and 67, depending on their year of birth.[Footnote 2] Social 
Security retirement benefits are based on the worker's age and career 
earnings, are fully indexed for inflation after retirement, and replace 
a relatively higher proportion of wages for career low-wage earners. 
Social Security's primary source of revenue is the Old Age, Survivors, 
and Disability Insurance (OASDI) portion of the payroll tax paid by 
employers and employees. The OASDI payroll tax is 6.2 percent of 
earnings each for employers and employees, up to an established 
maximum. 

One of Social Security's most fundamental principles is that benefits 
reflect the earnings on which workers have paid taxes. Social Security 
provides benefits that workers have earned to some degree because of 
their contributions and those of their employers. At the same time, 
Social Security helps ensure that its beneficiaries have adequate 
incomes and do not have to depend on welfare. Toward this end, Social 
Security's benefit provisions redistribute income in a variety of ways-
-from those with higher lifetime earnings to those with lower ones, 
from those without dependents to those with dependents, from single 
earners and two-earner couples to one-earner couples, and from those 
who don't live very long to those who do. These effects result from the 
program's focus on helping ensure adequate incomes. Such effects depend 
to a great degree on the universal and compulsory nature of the 
program. 

According to the Social Security Trustees' 2005 intermediate, or best- 
estimate, assumptions, Social Security's cash flow is expected to turn 
negative in 2017. In addition, all of the accumulated Treasury 
obligations held by the trust funds are expected to be exhausted by 
2041. Social Security's long-term financing shortfall stems primarily 
from the fact that people are living longer and having fewer children. 
As a result, the number of workers paying into the system for each 
beneficiary has been falling and is projected to decline from 3.3 today 
to about 2 by 2030. Reductions in promised benefits and/or increases in 
program revenues will be needed to restore the long-term solvency and 
sustainability of the program. 

About One-Fourth of Public Employees Are Not Covered by Social Security:

About one-fourth of public employees do not pay Social Security taxes 
on the earnings from their government jobs. Historically, Social 
Security did not require coverage of government employment because 
there was concern over the question of the federal government's right 
to impose a tax on state governments, and some had their own retirement 
systems. However, virtually all other workers are now covered, 
including the remaining three-fourths of public employees. 

The 1935 Social Security Act mandated coverage for most workers in 
commerce and industry, which at that time comprised about 60 percent of 
the workforce. Subsequently, the Congress extended mandatory Social 
Security coverage to most of the excluded groups, including state and 
local employees not covered by a public pension plan. The Congress also 
extended voluntary coverage to state and local employees covered by 
public pension plans. Since 1983, however, public employers have not 
been permitted to withdraw from the program once they are covered. Also 
in 1983, amendments to the Social Security Act extended mandatory 
coverage to newly hired federal workers and to all members of the 
Congress. 

SSA estimates that in 2004 nearly 5 million state and local government 
employees, excluding students and election workers, are not covered by 
Social Security. In addition, about three-quarters of a million federal 
employees hired before 1984 are also not covered. Seven states-- 
California, Colorado, Illinois, Louisiana, Massachusetts, Ohio, and 
Texas--account for 71 percent of the noncovered payroll. 

Most full-time public employees participate in defined benefit pension 
plans. Minimum retirement ages for full benefits vary. However, many 
state and local employees can retire with full benefits at age 55 with 
30 years of service. Retirement benefits also vary, but they are 
usually based on a specified benefit rate for each year of service and 
the member's final average salary over a specified time period, usually 
3 years. For example, plans with a 2 percent rate replace 60 percent of 
a member's final average salary after 30 years of service. In addition 
to retirement benefits, members generally have a survivor annuity 
option and disability benefits, and many receive some cost-of-living 
increases after retirement. In addition, in recent years, the number of 
defined contribution plans, such as 401(k) plans and the Thrift Savings 
Plan for federal employees, has been growing, and such plans are 
becoming a relatively more common way for employers to offer pension 
plans; public employers are no exception to this trend. 

Even though noncovered employees may have many years of earnings on 
which they do not pay Social Security taxes, they can still be eligible 
for Social Security benefits based on their spouses' or their own 
earnings in covered employment. SSA estimates that nearly all 
noncovered state and local employees become entitled to Social Security 
as workers, spouses, or dependents. However, their noncovered status 
complicates the program's ability to target benefits in the ways it is 
intended to do. 

Current Provisions Seek Fairness but Pose Administrative Challenges:

To address the fairness issues that arise with noncovered public 
employees, Social Security has two provisions--the Government Pension 
Offset, to address spouse and survivor benefits, and the Windfall 
Elimination Provision, to address retired worker benefits. Both 
provisions depend on having complete and accurate information that has 
proven difficult to get. Also, both provisions are a source of 
confusion and frustration for public employees and retirees. 

Under the GPO provision, enacted in 1977, SSA must reduce Social 
Security benefits for those receiving noncovered government pensions 
when their entitlement to Social Security is based on another person's 
(usually a spouse's) Social Security coverage. Their Social Security 
benefits are to be reduced by two-thirds of the amount of their 
government pension. Under the WEP, enacted in 1983, SSA must use a 
modified formula to calculate the Social Security benefits people earn 
when they have had a limited career in covered employment. This formula 
reduces the amount of payable benefits. 

Regarding the GPO, spouse and survivor benefits were intended to 
provide some Social Security protection to spouses with limited working 
careers. The GPO provision reduces spouse and survivor benefits to 
persons who do not meet this limited working career criterion because 
they worked long enough in noncovered employment to earn their own 
pension. 

Regarding the WEP, the Congress was concerned that the design of the 
Social Security benefit formula provided unintended windfall benefits 
to workers who had spent most of their careers in noncovered 
employment. The formula replaces a higher portion of preretirement 
Social Security covered earnings when people have low average lifetime 
earnings than it does when people have higher average lifetime 
earnings. People who work exclusively, or have lengthy careers, in 
noncovered employment appear on SSA's earnings records as having no 
covered earnings or a low average of covered lifetime earnings. As a 
result, people with this type of earnings history benefit from the 
advantage given to people with low average lifetime earnings when in 
fact their total (covered plus noncovered) lifetime earnings were 
higher than they appear to be for purposes of calculating Social 
Security benefits. 

Both the GPO and the WEP apply only to those beneficiaries who receive 
pensions from noncovered employment. To administer these provisions, 
SSA needs to know whether beneficiaries receive such noncovered 
pensions. However, SSA cannot apply these provisions effectively and 
fairly because it lacks this information, according to our past 
work.[Footnote 3] In response to our recommendation, SSA performed 
additional computer matches with the Office of Personnel Management to 
get noncovered pension data for federal retirees. These computer 
matches detected payment errors; we estimate that correcting these 
errors will generate hundreds of millions of dollars in 
savings.[Footnote 4] However, SSA still lacks the information it needs 
for state and local governments and therefore it cannot apply the GPO 
and the WEP for state and local government employees to the same degree 
that it does for federal employees. The resulting disparity in the 
application of these two provisions is yet another source of unfairness 
in the final outcome. 

In our testimony before this committee in May 2003,[Footnote 5] we 
recommended that the Congress consider giving the Internal Revenue 
Service (IRS) the authority to collect the information that SSA needs 
on government pension income, which could perhaps be accomplished 
through a simple modification to a single form. Earlier versions of the 
Social Security Protection Act of 2004[Footnote 6] contained such a 
provision, but this provision was not included when the final version 
of the bill, was approved and signed into law. 

Some Reform Proposals Would Affect Public Employees:

In recent years, various Social Security reform proposals that would 
affect public employees have been offered. Some proposals specifically 
address the GPO and the WEP and would either revise or eliminate them. 
Still other proposals would make coverage mandatory for all state and 
local government employees. 

Some Proposals Focus on the GPO or the WEP:

The GPO and the WEP have been a source of confusion and frustration for 
the more than 6 million workers and 1.1 million beneficiaries they 
affect. Critics of the measures contend that they are basically 
inaccurate and often unfair. For example, some opponents of the WEP 
argue that the formula adjustment is an arbitrary and inaccurate way to 
estimate the value of the windfall and causes a relatively larger 
benefit reduction for lower-paid workers. In the case of the GPO, 
critics contend that the two-thirds reduction is imprecise and could be 
based on a more rigorous formula. A variety of proposals have been 
offered to either revise or eliminate the GPO or the WEP. While we have 
not studied these proposals in detail, I would like to offer a few 
observations to keep in mind as you consider them. 

First, repealing these provisions would be costly in an environment 
where the Social Security trust funds already face long-term solvency 
issues. According to the most recent estimates from SSA eliminating the 
GPO entirely would cost $32 billion over 10 years and cost 0.06 percent 
of taxable payroll, which would increase the long-range deficit by 
about 3 percent. Similarly, eliminating the WEP would cost nearly $30 
billion and increase Social Security's long-range deficit by 3 percent. 

Second, in thinking about the fairness of the provisions and whether or 
not to repeal them, it is important to consider both the affected 
public employees and all other workers and beneficiaries who pay Social 
Security taxes. For example, SSA has described the GPO as a way to 
treat spouses with noncovered pensions in a fashion similar to how it 
treats dually entitled spouses, who qualify for Social Security 
benefits on both their own work records and their spouses'. In such 
cases, spouses may not receive both the benefits earned as a worker and 
the full spousal benefit; rather they receive the higher amount of the 
two. If the GPO were eliminated or reduced for spouses who had paid 
little or no Social Security taxes on their lifetime earnings, it might 
be reasonable to ask whether the same should be done for dually 
entitled spouses who have paid Social Security on all their earnings. 
Otherwise, such couples would be worse off than couples that were no 
longer subject to the GPO. And far more spouses are subject to the dual 
entitlement offset than to the GPO; as a result, the costs of 
eliminating the dual entitlement offset would be commensurately 
greater. 

Mandatory Coverage Has Been Proposed:

Making coverage mandatory for all state and local government employees 
has been proposed to help address the program's financing problems. 
According to Social Security actuaries, doing so for all newly hired 
state and local government employees would reduce the 75-year actuarial 
deficit by about 11 percent.[Footnote 7] Covering all the remaining 
workers increases revenues relatively quickly and improves solvency for 
some time, since most of the newly covered workers would not receive 
benefits for many years. In the long run, however, benefit payments 
would increase as the newly covered workers started to collect 
benefits. Overall, this change would still represent a net gain for 
solvency, although it would be small. 

In addition to considering solvency effects, the inclusion of mandatory 
coverage in a comprehensive reform package would need to be grounded in 
other considerations. In recommending that mandatory coverage be 
included in the reform proposals, the 1994-1996 Social Security 
Advisory Council stated that mandatory coverage is basically "an issue 
of fairness." Its report noted that "an effective Social Security 
program helps to reduce public costs for relief and assistance, which, 
in turn, means lower general taxes. There is an element of unfairness 
in a situation where practically all contribute to Social Security, 
while a few benefit both directly and indirectly but are excused from 
contributing to the program."

Moreover, mandatory coverage could improve benefits for the affected 
beneficiaries, but it could also increase pension costs for the state 
and local governments that would sponsor the plans. The effects on 
public employees and employers would depend on how states and 
localities changed their noncovered pension plans to conform with 
mandatory coverage. For example, Social Security offers automatic 
inflation protection, full benefit portability, and dependent benefits, 
which are not available in many public pension plans. Creating new 
pension plans that kept all the existing benefit provisions but added 
these new ones would increase the cost of the total package. Under this 
scenario, costs could increase by as much as 11 percent of payroll, 
depending on the benefit packages of the new plans. Alternatively, 
states and localities that wanted to maintain level spending for 
retirement would likely need to reduce some pension benefits. 
Additionally, states and localities could require several years to 
design, legislate, and implement changes to current pension plans. 
Mandating Social Security coverage for state and local employees could 
also elicit a constitutional challenge. Finally, mandatory coverage 
would not immediately address the issues and concerns regarding the GPO 
and the WEP. If left unchanged, these provisions would continue to 
apply for many years to come for existing employees and beneficiaries. 
Still, in the long run, mandatory coverage would make these provisions 
obsolete. 

Conclusions:

In conclusion, there are no easy answers to the difficulties of 
equalizing Social Security's treatment of covered and noncovered 
workers. Any reductions in the GPO or the WEP would ultimately come at 
the expense of other Social Security beneficiaries and taxpayers. 
Mandating universal coverage would promise eventual elimination of the 
GPO and the WEP but at potentially significant cost to affected state 
and local governments, and even so the GPO and the WEP would continue 
to apply for some years to come, unless they were repealed. 

Whatever the decision, it will be important to administer the program 
effectively and equitably. The GPO and the WEP have proven difficult to 
administer because they depend on complete and accurate reporting of 
government pension income, which is not currently achieved. The 
resulting disparity in the application of these two provisions is yet 
another source of unfairness in the final outcome. We therefore take 
this opportunity to bring the matter back to your attention for further 
consideration. 

Matter for Congressional Consideration:

To facilitate complete and accurate reporting of government pension 
income, the Congress should consider giving IRS the authority to 
collect this information, which could perhaps be accomplished through a 
simple modification to a single form. 

Mr. Chairman, this concludes my statement, I would be happy to respond 
to any questions you or other members of the subcommittee may have. 

GAO Contributions and Acknowledgments:

For information regarding this testimony, please contact Barbara D. 
Bovbjerg, Director, Education, Workforce, and Income Security Issues, 
on (202) 512-7215. Individuals who made key contributions to this 
testimony include Daniel Bertoni, Ken Stockbridge, and Michael Collins. 

[End of section]

Related GAO Products:

Social Security Reform: Answers to Key Questions. GAO-05-193SP. 
Washington, D.C.: May 2005. 

Social Security: Issues Relating to Noncoverage of Public Employees. 
GAO-03-710T. Washington, D.C.: May 1, 2003. 

Social Security: Congress Should Consider Revising the Government 
Pension Offset "Loophole." GAO-03-498T. Washington, D.C.: Feb. 27, 
2003. 

Social Security Administration: Revision to the Government Pension 
Offset Exemption Should Be Considered. GAO-02-950. Washington, D.C.: 
Aug. 15, 2002. 

Social Security Reform: Experience of the Alternate Plans in Texas. 
GAO/HEHS-99-31, Washington, D.C.: Feb. 26, 1999. 

Social Security: Implications of Extending Mandatory Coverage to State 
and Local Employees. GAO/HEHS-98-196. Washington, D.C.: Aug. 18, 1998. 

Social Security: Better Payment Controls for Benefit Reduction 
Provisions Could Save Millions. GAO/HEHS-98-76. Washington, D.C.: April 
30, 1998. 

Federal Workforce: Effects of Public Pension Offset on Social Security 
Benefits of Federal Retirees. GAO/GGD-88-73. Washington, D.C.: April 
27, 1988. 

FOOTNOTES

[1] See the list of related GAO products at the end of this statement. 

[2] Beginning with those born in 1938, the age at which full benefits 
are payable will increase in gradual steps from age 65 to age 67. 

[3] See GAO, Social Security: Better Payment Controls for Benefit 
Reduction Provisions Could Save Millions, GAO/HEHS-98-76 (Washington, 
D.C.: Apr. 30, 1998). 

[4] SSA performed the first such match in 1999 and advised that it will 
be done on a recurring basis in the future. SSA identified about 14,600 
people whose benefits should have been calculated using WEP's modified 
formula. We estimate that detecting these payment errors will generate 
$207.9 million in lifetime benefit reduction for this cohort. We 
further estimate each year's match will generate about $57 million in 
lifetime benefit reductions for each new cohort. 

[5] GAO, Social Security: Issues Relating to Noncoverage of Public 
Employees, GAO-03-710T (Washington, D.C.: May 1, 2003). 

[6] Pub. L. No. 108-203. 

[7] SSA uses a period of 75 years for evaluating the program's long- 
term actuarial status to obtain the full range of financial commitments 
that will be incurred on behalf of current program participants.