Proposed Regulation On Government Pension Offset

From today's Federal Register:

To implement section 418 of the Social Security Protection Act of 2004 (SSPA), we propose to revise our regulations to explain that a State or local government worker will be subject to the Government Pension Offset (GPO) provision under title II of the Social Security Act (the Act), if any part of the last 60 months of government service was not covered by Social Security. We also propose to replace the words ‘‘receiving’’ and ‘‘received’’ with the word ‘‘payable’’ when referring to the eligibility to or payout from a government pension. This wording change will make the regulatory and statutory language consistent and help clarify when the GPO is applicable. In addition, we propose to revise our regulations to reflect a separate 60- month requirement that was made applicable to Federal employees by a 1987 law.

This proposed regulation is not controversial, but the underlying statute remains controversial.