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 ...
What is it you meant, non figuratively?
How would you delineate?
I’ll try to help you. It’s not unusual for someone to complete basic training, and then see a doc and find a knee or hip or whatever issue. They got through the running in basic, but it will never last more than a year or two and the service wants more. So they can be drummed out. Medical discharge.
They were on active duty XX days. VA limits eligibility to those with more than XX days. So that would be the sort of thing you’re hunting for — but in that case, it already exists. That person won’t collect.
I can help you further. “Uniformed service”. That includes some weird public health service. It’s not military at all. They never promise to go to combat (that I know of), but they wear a uniform.
So you could exclude them, but I think it’s small potatos.
Amy Conehead Barrett strikes again. The “windfall” provision is garbage. Someone spends a 20 years in the military or something, and then works another 25 years in the SS side of the world, they get their SS payments docked.
You know who doesn’t get any windfall penalty? The lazy turds who never worked, foreigners, etc, who get SS disability.
They get the full check.
Rich snots like Amy Conehead Barrett couldn’t care less about that.
She turned out just as I predicted. A loser.
“It’s important that we don’t double dip.”
Why? If you satisfy all the requirements of a Social Security vesting, you should get that amount commensurate. Even if you were in a teacher system for a decade or two also.
I notice the right people do not get their pensions docked, such as Congressmen.
A real moron. Born to suck is a better name.
“Why isn’t there a congressional windfall elimination provision?”
CONgressCritters (and their staff) have their own special retirement plan. They would like you to believe otherwise.
I am not a military veteran, but I had my SS benefits reduced by 40% because of the windfall provision. I had a civil service career with a ten year break working for the private sector and making social security payments during that time.
I remember when the windfall provision was enacted; it was because the Democrats were jealous of the military veterans benefits, so they put a stop to it.
But it somehow affects those with no military service. One group impacted includes women and single mothers being punished along with the military.
“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.”
Convicted felon jesse jackson jr. rakes in ~$7,000/month in federal disability. Poor guy is bipolar don’t cha know? Daddy jackson checked him into the hospital long enough to make sure he qualified. Expect any and all CONgressCritters who get felony convictions to do the same.
“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 to pay you what you earned. Of course the Mexican immigrants get much more than your cool 250 a month. You need to fly to Monterrey, wade the Rio Grande and show up with a new name that ends in “Z”. They’ll hand you a debit card with 1200 bucks preloaded, and more follows right away.
They pass bills now, trillions in size at a time. They dump 6 trillion on Afghanistan. They dump hundreds of billions on New York Schools that are closed. 200k here for Fauci to give tranny drugs to monkeys. Millions for Fauci to give to communist China.
But how dare you as a mere Texas school marm deign to want the 500 bucks you were owed by SS without the docking half of it? How unpatriotic of you! /s
It’s not Barrett’s or the majority’s call. They just applied the law as written instead of making up the law. Your beef is with Congress, who wrote and passed the law.
“It’s important that we don’t double dip.”
Why? If you satisfy all the requirements of a Social Security vesting, you should get that amount commensurate.
Why Congress decided to call whatever I might draw that I fully earned a ‘windfall’, I don’t know. Windfalls are apples from your neighbor’s tree that fall on your property. You didn’t grow or tend the tree, but you get some of the fruit. I paid the money in, but only get 60% of what I should get.
I long ago decided to not be bothered by it. Nothing I can do.
We are talking about people who paid into SS and then took a job with exempt status, they still paid just like everyone else but just get their amount deducted by 40% what is fair about that? By the way you still paid medicare whether you paid SS or not.
Well said...
This is very true! It seems like retiring military folks are milking the system and getting away with it.
I’m impressed. How many five star generals have you met?
Huh?
Define “comatant”.
Do you mean a combat/combat support arms skill specialty but not a combat service support specialty?
Or do you mean any MOS/skill AND saw direct combat (do you wanna specify general combat, CQB or hand to hand? Maybe driving a truck down a MSR with a rather strong possibility of contact or mechanical ambush? Which truck driver in a convoy was actually the combatant and which were the “poques”?
Your equivocation degrades the character of all our service- we go where told and even the nurse that stitched me up saw combat.
Looks like our boy won't answer you, even after I directly asked him your question again.
He looks like a pitiful troll hiding in his mother's basement.
Socialist Security
Your reply sounds like one who never had the courage to join any of the military services or who did manage to get thru basic (with the help of his more capable buddies) before you got your BCD.
You have no idea how wars are fought today. With modern weapons, any military personnel in any location can be targeted at any time.
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