What Is H.R. 969: The Equal Treatment of Public Servants Act?

A recent change in federal law alters how Social Security benefits are calculated for many public sector workers. The repeal of provisions that reduced benefits for those with pensions from jobs not covered by Social Security affects teachers, firefighters, police officers, and other government employees who have worked in both public and private sector jobs.

The Former System Under WEP and GPO

Two federal provisions previously affected the Social Security benefits of many public servants: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). The WEP reduced the retirement or disability benefits of individuals who also received a pension from “non-covered” employment—a job where they did not pay Social Security taxes. Congress enacted this to remove an unintended advantage, or “windfall,” that the standard benefit formula gave to these workers.

The standard Social Security formula provides a higher percentage of pre-retirement earnings to lower-income workers. Without an adjustment, a worker with a short career in covered work and a long career in non-covered public service would appear to be a low-wage earner, receiving a disproportionately high benefit. The WEP addressed this by reducing the first bracket of the benefit formula, which could result in a lower monthly payment.

The Government Pension Offset operated similarly but applied to spousal and survivor benefits. If an individual received a pension from a non-covered government job, their Social Security spousal or widow(er)’s benefit was reduced by two-thirds of their government pension amount, often eliminating the benefit entirely.

Repeal of WEP and GPO Under the Social Security Fairness Act

The Social Security Fairness Act, enacted in early 2025, fully repealed both the Windfall Elimination Provision and the Government Pension Offset. The repeal applies to all Social Security benefits payable after December 2023.

Public servants with pensions from non-covered employment will now have their Social Security benefits calculated the same way as other workers. Their benefit will be based directly on their earnings from Social Security-covered jobs, without any reduction related to their public service pension.

Financial Implications for Public Servants

The repeal of the WEP and GPO affects both current and future retirees. Individuals already receiving Social Security benefits reduced by these provisions will see their monthly payments increase. Because the law is effective for benefits payable after December 2023, many may also be eligible for retroactive payments.

The change also simplifies financial planning for future retirees. For example, consider a teacher who worked 15 years in the private sector paying Social Security taxes, and 25 years in a public school system with a non-covered pension. Under the former WEP, their Social Security benefit would have been reduced. Following the repeal, this teacher will receive a benefit based on their 15 years of covered employment without any reduction related to their public pension.