May 6, 2019 - Issue: Vol. 165, No. 74 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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PETITIONS AND MEMORIALS; Congressional Record Vol. 165, No. 74
(Senate - May 06, 2019)
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[Pages S2644-S2645] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PETITIONS AND MEMORIALS The following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated: POM-51. A concurrent resolution adopted by the Legislature of the State of Louisiana urging the United States Congress to take such actions as are necessary to review and consider eliminating provisions of federal law which reduce Social Security benefits for those receiving pension benefits from certain federal, state, or local government retirement or pension systems, plans, or funds; to the Committee on Finance. Senate Concurrent Resolution No. 34 Whereas, the Congress of the United States of America has enacted both the Government Pension Offset (GPO), reducing the spousal and survivor Social Security benefit, and the Windfall Elimination Provision (WEP), reducing the earned Social Security benefit, payable to any person who also receives a public pension benefit earned in public employment not covered by Social Security; and Whereas, the GPO can negatively affect a retired public employee receiving a federal, state, or local government retirement or pension benefit earned in employment not covered by Social Security who would also be entitled to a Social Security benefit earned by the retiree's spouse; and Whereas, the GPO formula reduces the spousal or survivor Social Security benefit by two-thirds of the amount of the federal, state, or local government retirement or pension benefit received by the retired public employee, in many cases completely eliminating the Social Security benefit even though the retiree's spouse paid Social Security taxes throughout the marriage; and Whereas, according to the Congressional Research Service, nearly seven hundred thousand people were affected by the GPO in December 2017, including more than twenty-six thousand Louisianians; and Whereas, the WEP applies to those persons who have earned federal, state, or local government retirement or pension benefits in public employment not covered by Social Security, in addition to paying social security taxes while working in employment covered by Social Security; and Whereas, the WEP reduces the earned Social Security benefit using an averaged indexed monthly earnings formula and may reduce Social Security benefits for affected persons by as much as one-half of the retirement benefit earned as a public servant in employment not covered by Social Security; and Whereas, the WEP causes hardworking individuals to lose a significant portion of the Social Security benefits that they earned themselves; and Whereas, according to the Congressional Research Service, more than eight hundred thousand people, or about three percent of all Social Security beneficiaries were affected by the WEP in December 2017; and Whereas, in certain circumstances both the WEP and the GPO can be applied to a qualifying survivor's benefit, each independently reducing the available benefit and, in combination, eliminating a large portion of the total Social Security benefit available to the survivor; and Whereas, because of the calculation characteristics of the WEP and the GPO, they have a disproportionately negative effect on employees working in lower-wage government jobs, like teachers, school workers, and state employees; and Whereas, the number of people affected by the WEP and the GPO is growing as nearly ten thousand baby boomers attain retirement age each day; and Whereas, individuals drastically affected by the WEP and the GPO may have no choice but to return to work after retirement in order to make ends meet, but the earnings accumulated during reemployment in the public sector may further reduce the Social Security benefits the individual is entitled to; and Whereas, the WEP and the GPO are established in federal law, and repeal or reduction of the WEP and the GPO can be enacted only by Congress. Therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to take such actions as are necessary to review the Government Pension Offset and the Windfall Elimination Provision Social Security benefit reductions and to consider eliminating or reducing them. Be it further Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress. ____ POM-52. A concurrent resolution adopted by the Legislative Assembly of the Commonwealth of Puerto Rico requesting the United States Congress to provide the United States citizens residing in Puerto Rico with equal treatment regarding the right to receive Supplemental Security Income (SSI); to the Committee on Finance. House Concurrent Resolution No. 95 It is well known that on Monday, February 4, the Chief Judge of the United States District Court for the District of Puerto Rico, the Hon. Gustavo Gelpi, dismissed a complaint filed by the Federal Government filed against a U.S. citizen alleging that by moving to Puerto Rico said citizen lost his Supplemental Security Income (SSI) benefit. [[Page S2645]] The SSI is a program available to aged, blind, and disabled people with low income, including children. In United States of America v. Jose Luis Vaello Madero (Case No. 17-2133 (GAG)), the Federal Government commenced an action against Mr. Vaello to collect $28,000 in overpaid SSI benefits after he moved from New York to Loiza. These monthly disability benefits were deposited directly into his New York bank account. The basis for said complaint was that the SSI program is not available to territories. Hence, the Government argued that Vaello had forfeited his right to receive SSI disability benefits after he moved to Puerto Rico and that he was liable for any overpayments. Mr. Vaello, represented by a Court-appointed pro bono counsel, challenged the criminal statute used by the plaintiff as a basis for the civil action and attacked the constitutionality of denying SSI benefits to residents of Puerto Rico. We agree with the Honorable Judge, Gustavo Gelpi, and the Honorable Resident Commissioner, Jenniffer Gonzalez, that excluding Puerto Rico from the SSI program is a violation of the equal protection guarantees of the Due Process Clause. In dismissing the complaint filed by the plaintiff, Judge Gelpi cited the per curiam Supreme Court decision in Califano v. Torres, 435 U.S. 1-1978, and subsequently, in Harris v. Rosario, 446 U.S. 651-1980, as the basis that allows the Federal Government to discriminate against the residents of Puerto Rico in what pertains to federal programs, such as the SSI. He affirmed that the U.S. Congress does not have carte blanche to discriminate against territories at its convenience. ``Congress [. . .] cannot demean and brand said United States citizen while in Puerto Rico with a stigma of inferior citizenship to that of his brethren nationwide,'' Gelpi stated in his opinion. (https://www.elnuevodia.com/noticias/ tribunales/nota/juezdesestimademandadel gobiernofederalcontraun residentedelaisla-2474754/) On February 4, the Honorable Jenniffer Gonzalez-Colon, Resident Commissioner, introduced into Congress H.R. 947-- Supplemental Security Income Equality Act, which seeks to extend the SSI program to the U.S. citizens residing in Puerto Rico. This bill was introduced also by Congress members of Puerto Rican descent, namely, Jose Serrano, Darren Soto, and Nydia Velazquez, as well as the delegates of the Virgin Islands, the American Samoa, the Northern Mariana Islands, and Guam. The Legislative Assembly of Puerto Rico supports this bipartisan effort in the U.S. Congress and, therefore, requests Congress to pass said bill, or a similar version that guarantees the same rights to all U.S. citizens during this session. We most certainly believe that the constitutional rights of equal protection and due process of law must apply to U.S. citizens residing in Puerto Rico. For all of the foregoing, it is our duty to request the Congress, through this Concurrent Resolution, to pass legislation and recognize the claim for social justice and equal treatment before the law of the over three million Puerto Ricans who are U.S. citizens. Be it resolved by the Legislative Assembly of Puerto Rico: Section 1.--To request the Congress of the United States of America to pass legislation that provides for equal treatment for the United States citizens residing in Puerto Rico regarding the right to receive Supplemental Security Income (SSI); and for other related purposes. Section 2.--It is hereby ordered that a copy of this Concurrent Resolution translated into English be delivered to the leadership of the Congress of the United States of America. Section 3.--This Concurrent Resolution shall take effect upon its approval. ____________________
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