Sidney J. Webb v. Richard S. Schweiker, Secretary of Health and Human Services

The Secretary of Health and Human Services (“Secretary”) appeals a district court judgment finding Webb exempt from the husband’s “pension offset” provision of the Social Security Act. Social Security Act § 202(c)(2)(A), 42 U.S.C. § 402 (c)(2)(A). To avoid repeating the fact statement in the district court’s reported opinion, Webb v. Harris, 509 F.Supp. 1091 (N.D.Cal.1981), only a brief summary of the facts is offered here.

Webb retired on March 31, 1977, from his job with the California Public Utilities Commission. He immediately began receiving a state pension. On December 2, 1977, Webb satisfied all requirements for husband’s insurance benefits under § 202(c) of the Social Security Act (“Act”), 42 U.S.C. § 402 (c), and began receiving benefits soon thereafter. Eighteen days later, on December 20, 1977, Congress enacted the pension offset provision which took effect “for months beginning with the month in which this Act is enacted.” Social Security Amendments of 1977, Pub.L. No. 95-216, § 334 (f), 91 Stat. 1509 , 1546 (1977). Webb received husband’s benefits through August, 1978, when the Secretary informed him that, due to the pension offset provision, he was no longer…