Social Security Announces 2023 Cost of Living Adjustment, Largest in Decades
Retirees and veterans will see an 8.7 percent increase in their Social Security and Supplemental Security Income (SSI) benefits starting in 2023, the Social Security Administration (SSA) announced last week.
House Sets Up Potential Repeal of Windfall Elimination, Government Pension Offset
Late last month, the Social Security Fairness Act (H.R. 82) reached a new milestone in the House of Representatives: 294 co-sponsors, ensuring a floor vote following the chamber's recess.
Indefinite Suspension After Security Clearance Restoration is MSPB Reviewable
The Merit Systems Protection Board (MSPB) rules that an indefinite suspension following restoration of clearance is grounds for review under its jurisdiction.
Supreme Court: No “Issue Exhaustion” Requirement for SSA Claimants
Several weeks ago, FEDmanager reported on oral argument at the Supreme Court of the United States in Carr v. Saul. In this case, the issue was whether Social Security Administration (SSA) claimants who did not raise an Appointments Clause challenge at the administrative level forfeited their ability to challenge the validity of decisions by improperly appointed SSA administrative law judges once they appealed the decisions to federal court, pursuant to the Supreme Court’s decision in Lucia v. SEC. On April 22, 2021, the Supreme Court held that courts should not impose an “issue exhaustion” requirement on claims under the Appointments Clause of the U.S. Constitution.
Bills Introduced to Reform Windfall Elimination Provision, Expand Social Security Benefits for Federal Employees
Several lawmakers are pushing for legislation that would expand Social Security benefits for federal retirees and replace the Windfall Elimination Provision (WEP). The Windfall Elimination Provision reduces the Social Security benefits of retired federal, state, and local government employees who worked in private sector jobs in addition to a government job.
Third Circuit: Federal Civilian Dual Status Technicians Not Covered under the Uniformed Services Exception to Reduced Social Security Benefits
Floyd Douglas Newton worked as a National Guard dual status technician from 1980 until 2013. A dual status military technician is a federal civilian position supporting the Selected Reserve or armed forces. Though civilians, dual status technicians are required to maintain National Guard membership, hold a particular military grade, and wear appropriate military uniform, among other requirements.
Payroll Tax Deferral Program Leaves Federal Employees Seeking Answers
The White House recently announced an executive order that authorizes employers to defer the Social Security payroll tax from September 1, 2020 through the end of the year for employees who make less than $3,999 per biweekly pay period, known as a payroll tax deferral. This new order has left many agencies and employees with various questions like whether employees can opt-in or out of the program and what happens to federal employees who leave their agencies before or during the window of repayment.