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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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To: joe fonebone

You neglected to mention that when the EXCREMENT HITS THE VENTILATOR (the shit hits the fan) everyone standing there with a uniform can be handed a weapon and told to GET OUT THERE AND DO YOUR REAL JOB!

I was just an 0311 grunt back in 69/70 but there were times when we got to tell the “OFFICE POGUES” grab a rifle and follow me.

They were in uniform—therefore a “LAWFUL ORDER”!


41 posted on 01/13/2022 4:55:53 PM PST by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: where's_the_Outrage?; Born to Conserve; Owen; Farmerbob; joe fonebone; Portcall24
It's interesting to see the fists fly whenever somebody mentions military retirement or worse yet, brings up the difference in serving your time in a military position and combat.

Military folks who serve the full twenty deserve to get Social Security as well as military retirement (as I do) because we pay into the Social Security fund, just like any other working stiff. If they had left my pay alone and let me keep what they deducted, then I would have made a little more and I wouldn't have a gripe if I didn't qualify for SS when I turned 65. Not hard to understand.

Combat is combat - you either were in the beaten zone or you weren't. Nobody argues that Air Force or Navy or Marine Corps aircrews who were in the position to be shot down were in combat - or navy riverine folks, or for that matter rear area folks within the range of Katyushas or Scuds.

But combat means within the lethal reach of the enemy and in most cases also means a Purple Heart and missing parts of your body. I know that submariners have a dangerous job but they really haven't had to face depth charges for a few years. Just experiencing a dangerous part of the service isn't really the same as combat.

Those few of us who have endured combat and its after-effects deserve a niche among our fellow citizens. But even as I say that, I know that there will be the usual chorus of "well, we signed up for the same things you did". Yes - but it's a bit like being struck by lightning: those of us who did fight got the main blast and those who either volunteered and didn't get picked to fight - or those who got picked for safer job - know full well that the guys (and lately gals) in combat took the full burden of death and loss.

42 posted on 01/13/2022 5:12:29 PM PST by Chainmail (Frater magnus te spectat)
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To: Chainmail

Just an FYI, this turned into a military focus, but my recall is the Windfall Elimination thing for Social Security is focused on teachers and state/local employess. They don’t pay into SS while teaching. Separate system. Then they may get a different job that does pay in at a later time.

There is some aspect of years worked and amount contributed that translate to a big SS benefit to go with their teacher system benefit. The Windfall Elimination thing was pointed at stopping that, far more than any military aspect.

Someone can polish up my description.


43 posted on 01/13/2022 5:33:41 PM PST by Owen
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To: Owen

Thanks for the clarification.

We did get somewhat off subject, didn’t we?


44 posted on 01/13/2022 5:49:46 PM PST by Chainmail (Frater magnus te spectat)
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To: Chainmail

I need another a quarter to be eligible for any SS benefits. I get a nice state pension. That said, I paid into SS as a working teenager and while serving 6 years in the military back in the day. That is not good enough to get any benefit from SS. I think it is absurd that I have put money into the SS system and have to abide by some obnoxious vesting rules.


45 posted on 01/13/2022 5:59:47 PM PST by EVO X ( )
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To: Born to Conserve

A good friend, was in a military support role that never saw combat. His work, was to maintain the tools required by operations.

My friend who would not tolerate interference with our needing to finish the war, soon, got in the way of troublemakers and on the path of fixing, or helping to fix, portions of such problems.

Still not shot at, as far as I ever learned, but facing a lot of carelessly applied gov’t power that was in the hands of people who were the same “visionaries” on the left, as now.

My friend and other WW-II veterans, who would stand up against tyranny - foreign and domestic. And they largely succeeded, contrary to the claims made by

- “experts say”
- “studies show”
- “informed sources”
- “students for integration” (followed by)
- “students for segregation”

and other vanities that continue to ignore universals of kindness, love, and truth.

Lenin hated all three of those.

I miss my friends who stood up for all three, and tried hard, to establish neighborhoods where kindness, love, and truth were equal opportunities. Where you could sleep safely and in peace, and therefore tackle the next day’s problems with fewer handicaps.

That was a wonderful time in America. People took care of each other.

The negative look that somebody imagines they see in another person’s eyes . . . was not, and still is not, necessarily what the imagination claims.

What I found, is that a lot of people simply want to know, Will you stand up? And that, is the question in their supposedly “negative looking” eyes, that “modernity” now tries to assert, is “arrogance” or “privilege.”

Most of my friends, were WW-II veterans; and they, plus their families, all knew, we were blessed.

It paid, to not allow one’s self to be focused upon envy, and be tempted to fight.


46 posted on 01/13/2022 6:08:23 PM PST by linMcHlp
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To: where's_the_Outrage?

Not sure it matters since this country is broke, and all the entitlement programs are headed toward disaster. They can promise all the money in the world to people, but it’s all going to collapse some day.


47 posted on 01/13/2022 6:10:13 PM PST by Pining_4_TX (The urge to save humanity is almost always a false front for the urge to rule. H.L. Mencken)
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To: DesertRhino

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


They? We elect them. Nothing will change until we reject the political class entirely and stop voting for them.


48 posted on 01/13/2022 6:18:26 PM PST by lodi90
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To: colorado tanker

Nope, she wrote the decision, and she screwed someone. And she agreed with the communist members of the court. Shes trash.

Never trust a woman with a dash in her name.


49 posted on 01/13/2022 7:10:44 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: Owen

The WEP is theft. Two workers... one is a bus driver for 20 years and pays into SS. He then becomes a teacher and does 25 years, turns 65 and gets a teacher pension. guy sits in his parents basement for 25 years, then gets the bus driving job for 20.

At 65 both apply for SS. The guy who was a bum most of his life will get the full SS check. The guy who worked as a Bus Driver and then as a teacher will get 40% less DESPITE paying into SS for the same number of quarters.

The government is evil and this is theft. It isn’t double dipping, it’s double hustling and working hard.


50 posted on 01/13/2022 7:18:56 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up....)
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To: lodi90

Someone who gets it!!!!
It’s us vs them..
Not dem vs pub ..
Not lib vs conservative..
But we the citizens against the ruling class...


51 posted on 01/13/2022 7:25:27 PM PST by joe fonebone (bush league chamber of commerce worshiping republiCAN'Ts are the enemy)
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To: Chainmail

A small quibble with “If they had left my pay alone and let me keep what they deducted, then I would have made a little more...”

If they had left your pay alone and allowed you to keep what they deducted from you and the employer (12.4%) and you had put it in a S&P index fund during that period, you probably could have really retired when you left active service and not needed another job.


52 posted on 01/13/2022 7:44:37 PM PST by redlegplanner ( No Representation without Taxation)
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To: joe fonebone
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

Thank you Joe.

53 posted on 01/14/2022 2:59:26 AM PST by BlackbirdSST (Trump WON!!!)
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To: Surrounded_too

The pox has man benefits and is useful to many. I agree, the pox was used to kill off the responsibility to pay what they stole the burden


54 posted on 01/14/2022 3:05:51 AM PST by ronnie raygun
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To: redlegplanner
"..you probably could have really retired when you left active service and not needed another job.

So true - but that presupposes that I had enough brains to do that. I was the idiot with the Corvette.

55 posted on 01/14/2022 3:24:59 AM PST by Chainmail (Frater magnus te spectat)
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To: Born to Conserve

Oh just stop. All military service is honorable.

Stop taking cheap shots at the military.


56 posted on 01/14/2022 3:47:18 AM PST by Fury
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To: Born to Conserve
"It sucks for we who pay for it all, and it sucks for the combatants whose glory is diluted. "

You're just a punkassed glory hound, what's your real name John Kerry?

I'm a retiree and spent 9 years in Iraq, Afghanistan..... as a contractor and out side the wire armed repeatedly, and taken fire, (just wait till we contractors get veteran status, I can hear you whining now) so whine about your diluted glory, and while you at it go piss up a rope.

"It sucks for we who pay for it all" No it just sucks to be you.

57 posted on 01/14/2022 9:01:12 AM PST by SERE_DOC ( The beauty of the Second Amendment is that it will not be needed until they try to take it. TJ)
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To: Chainmail

HA! I think we were in the same unit.

It always amazed me that the Army is fine with talking about warts, drips, sores, and other genital issues, complete with color photo close ups, but is scared to talk financial literacy with Soldiers. Pay yourself first, bank half of every pay raise, the power of compound interest, the perils of debt etc. are not hard concepts. Saddest thing in the world is watching a Soldier retire broke.


58 posted on 01/14/2022 9:06:50 AM PST by redlegplanner ( No Representation without Taxation)
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To: vortigern
This is very true! It seems like retiring military folks are milking the system and getting away with it.

Some are, most aren't. In every group you will find scammers. Don't judge us all by them.

BTW look at everything promised us at enlistment, most notably, healthcare for life and see if it was worth $78 a month to be shot at for a year.

59 posted on 01/14/2022 2:32:40 PM PST by pfflier
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