[Congressional Record Volume 165, Number 74 (Monday, May 6, 2019)]
[Senate]
[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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