How is the windfall Elimination Provision fair (who can work 20 years for a pension ABD 30 more years for Social Security) and NOT discrimination (hell. Why not ALL states?)

Hi. The Windfall Elimination Provision (WEP) does apply in all states. WEP is part of the Social Security law, which is a federal program that applies in all U.S. states. In other words, you can't avoid WEP by moving to another state.

The basic reasoning that Congress used when adding WEP is as follows. Social Security is a social insurance program. As such, the Social Security benefit calculation formula is meant to replace a higher percentage of the average earnings of low income workers than the percentage replacement received by high income workers. But, if the reason that a person's average lifetime earnings were low is because they worked part of their careers in non-Social Security covered employment, Congress felt that it was unfair for such workers who receive a non-covered pension to also receive the higher percentage replacement in their Social Security benefit rate that was intended for long-time, low-wage earners (https://www.ssa.gov/pubs/EN-05-10045.pdf).

As for whether or not the WEP law is fair, that depends on each person's perspective. But, regardless of whether or not you or I think it's fair, the only opinions that matter are those of the people in Congress. Congress added WEP to the Social Security Act in the 1980's, and only Congress has the power to rescind or amend WEP.

Best, Jerry