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Justice Gorsuch Pens Lone Dissent But Leaves the Text Behind as Justice Barrett Opinion Limits Social Security Benefits for the Military
Law & Crime ^ | Jan 13, 2022 | Colin Kalmbacher

Posted on 01/13/2022 2:12:05 PM PST by where's_the_Outrage?

The Supreme Court of the United States denied certain military veterans a chance at greater retirement benefits in a nearly unanimous opinion authored by Justice Amy Coney Barrett on Thursday. Justice Neil Gorsuch bucked the 8-1 majority and would have allowed a subset of veterans to recoup more Social Security funds after their service ended.

Stylized as Babcock v. Kijakazi, the case turns on the Social Security Act’s so-called “windfall elimination provision,” which is a statute designed by Congress to reduce Social Security payments for retirees who receive separate pension payments. Such retirees would otherwise, in Congress’s view, receive a “windfall” from the Social Security Administration based on how the system originally counted earnings for workers in jobs exempt from Social Security taxes.

When amending the law, however, Congress exempted certain forms of pension payments from triggering the windfall exemption. One category of pensions given preferential treatment are described in statute as “a payment based wholly on service as a member of a uniformed service.” Or, put another way, Congress carved out a segment of law that allows some military veterans to receive “windfall” Social Security payments not accessible to the public.

But the exception clearly doesn’t cover all military veterans, and therein lies the controversy decided by the court.

(Excerpt) Read more at msn.com ...


TOPICS: Government; News/Current Events; US: Michigan
KEYWORDS: benefits; military; militay; retirement; scotus; ssa; ssawindfall
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Not sure exactly what is the SSA windfall.

However, I expect sometime in the future congress will come after military and SS retirees with some kind of taking too much from taxpayers limitation. This may be a 1st step.

It started with Ike Fing over the military by adding them to SS.

1 posted on 01/13/2022 2:12:05 PM PST by where's_the_Outrage?
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To: where's_the_Outrage?

We have to stop confusing “Military” with “Combatant”. Most military are in support roles that would never see combat. They retire when they are forty, they collect benefits and accolades galore, and they start a second career. It sucks for we who pay for it all, and it sucks for the combatants whose glory is diluted. First thing I do when I see a new five star general on the scene is look at his breast full of ribbons — how many are for valor? Usually NONE. Next time you are tempted to buy a vet a beer, ask them if they were ever shot at, or if they instead filled their free lodgings with discounted stereo equipment and empty subsidized beer cans.


2 posted on 01/13/2022 2:22:41 PM PST by Born to Conserve
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To: Born to Conserve

Why isn’t there a congressional windfall elimination provision?


3 posted on 01/13/2022 2:30:18 PM PST by hercuroc
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To: Born to Conserve

Getting shot at is, itself, sort of foggy. Submarine folks haven’t been shot at in many years. Navy food technicians, cooks, whatever, might be on a submarine. No more or less at risk than the rest of that crew.

Everybody signs on the line that is dotted committing to follow orders and if a cook is ordered to Iraq, he goes.


4 posted on 01/13/2022 2:32:42 PM PST by Owen
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To: Born to Conserve

Don’t discount peace time military enlisted. My husband gave 7 years of his youth to this country. They owned him and paid him very little for his service. Have you served??


5 posted on 01/13/2022 2:35:31 PM PST by ThisLittleLightofMine
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To: Owen

“Getting shot at is, itself, sort of foggy.”

“Getting shot at” is obviously figurative language. You probably know this, but took advantage anyway. You probably collect benefits you don’t deserve.


6 posted on 01/13/2022 2:37:35 PM PST by Born to Conserve
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To: ThisLittleLightofMine

Typical.


7 posted on 01/13/2022 2:38:18 PM PST by Born to Conserve
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To: hercuroc

SS Deductions from whatever source should be paid if the party lives long enough to collect.

Your SS deduction is not your money anymore.

If you have private investments, your family gets it minus what government steals.

SS deductions + benefits are lost.

Why do you think they want to kill off all the old timers with this pox? Cuomo, Lamont and others are in on the kill.


8 posted on 01/13/2022 2:38:50 PM PST by Surrounded_too
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To: Born to Conserve

Scud Smashes Barracks; 27 Killed, 98 Injured

Published: Tue, February 26, 1991 12:00 AM

DHAHRAN, Saudi Arabia (AP) In the worst Scud attack of the Gulf War, an Iraqi missile on Monday demolished a barracks housing about 100 American soldiers. The U.S. military said 27 servicemen were killed and 98 wounded.

It’s ok, they were just suport troops so it’s not like they made the ultimate sacrifice for their country. S/off +spit.


9 posted on 01/13/2022 2:39:47 PM PST by Farmerbob
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To: hercuroc

Why isn’t there a congressional windfall elimination provision?


My wife’s and my Social Security payments are reduced by the windfall prevention program because we were both covered by our state’s teacher retirement program. That means that SS benefits we both earned before teaching are reduced by I think 40%. In fact she has to pay CMS/Medicare every year to cover her Medicare Part B.

It’s important that we don’t double dip. On the other hand, President Obama no doubt receives an Illinois pension for when he was a state senator, a pension for his time as U.S. Senator and another as President. Don’t know of Social Security sends him money too.


10 posted on 01/13/2022 2:40:01 PM PST by hanamizu
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To: Born to Conserve

You piss me off .
Everyone, and I mean EVERYONE who served gave this country something that they can never get back...

Time

Now get the hell off of this site, you anti American pile of crap


11 posted on 01/13/2022 2:50:58 PM PST by joe fonebone (bush league chamber of commerce worshiping republiCAN'Ts are the enemy)
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To: Born to Conserve
You never answered the question. Did you serve?
12 posted on 01/13/2022 2:51:35 PM PST by pfflier
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To: where's_the_Outrage?

I’m not familiar with the SS benefits but I am aware of a scam being perpetrated on disability benefits.
Healthy ex military men and women are claiming active duty injuries, not war injuries but injuries the “show up” after retirement or discharge and claimed to be a result of service.
They work the claim to an eventual 100% and are collecting over $4,000 per month while they are skiing or playing softball or just normal activities with their families.
This cheating of the taxpayer needs to be investigated. It is a black mark on the people making false claims and those who should be active in their oversight!


13 posted on 01/13/2022 2:51:36 PM PST by BatGuano (Fauci = Mengele (Angel of Death) + End the IRS)
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To: Born to Conserve

Born to Conserve, sadly your ignorance is showing. I’ll let you research who the last “Five Star General” the USA ever had and whether he saw combat. With the respect to USAF which I know fairly well, until recent times, virtually all general officers have had multiple tours in combat (getting shot at flying over pissed off enemy while trying to kill them tends to make them pissed off).


14 posted on 01/13/2022 2:53:27 PM PST by Portcall24
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To: where's_the_Outrage?
I think this applies in cases where the pension is exempt from SS withholding, thus they don't allow those retirees to claim benefits as if they had paid in as others would. It's a complicated situation, and I don't really understand it.

What I do know is that my wife is a retired educator who gets a pension from the state retirement plan. She did not have SS taken out all those years, rather, she only paid into the state plan.

I was told by my financial advisor that even if she was to work the required 40 quarters where she paid in SS (at part time jobs, for example), or if she were to collect on my SS benefits in case of my death, there would be a reduction of benefits because of her pension. This was due to the windfall elimination provision. I think it also has something to do with the amount of the pension. As I recall, my advisor said that this provision was more likely to apply to administrators (which she was) rather than classroom teachers.

15 posted on 01/13/2022 2:53:56 PM PST by Repealthe17thAmendment
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To: Owen

Submarines are inherently dangerous, that’s why they get submarine pay even in peacetime.


16 posted on 01/13/2022 2:54:55 PM PST by reg45 (Barack 0bama: Gone but not forgiven.)
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To: where's_the_Outrage?

I retired from public education in Texas in 2012. I am not a teacher, but worked all of those years in administration. I do not have a bachelor’s degree, so my salary was minimal. Although I worked 17 years in the private sector before going into education, my contribution to SSA was only during those years in the private sector. For a while it did not matter to me financially. I was married to a investment banker. But, once we divorced at turn of century, my salary is all on me now. In 2012, my SSA benefit would have been $550 a month. But, because of the windfall elimination tax, I only receive $247 a month. The Feds don’t want me double dipping now with a fancy State of Texan pension. The millions of educators and professors with high salaries were able to high-jack the government for 50 years, but not me once I took on retirement. Gaining an extra $200 a month allows me to even buy some groceries (for a day or two).
I asked Senator John Cornyn when the WEA was in front of the Senate to repeal this law, and his response back to me was “it is too costly.”
Too costly for those in DC, but could they give a crap about a poor old lady in Texas? Hell NO


17 posted on 01/13/2022 2:56:15 PM PST by patriotsoul
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To: where's_the_Outrage?

This is nonsense, not just for military members but for anyone affected.

If they paid into SS (without a choice, as they are coerced by the government to do so), then the government should pay out. Period.


18 posted on 01/13/2022 3:01:23 PM PST by Boogieman
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To: Born to Conserve

There haven’t been any five-star generals or admirals since 1981 when Omar Bradley died.


19 posted on 01/13/2022 3:01:45 PM PST by reg45 (Barack 0bama: Gone but not forgiven.)
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To: where's_the_Outrage?

Well, I sure as heck has FICA withheld from my active duty pay.


20 posted on 01/13/2022 3:01:47 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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