Senate Joint Resolution No. 1

Introduced by Senator Beall

December 1, 2014

Senate Joint Resolution No. 1—Relative to social security.

LEGISLATIVE COUNSEL’S DIGEST

SJR 1, as introduced, Beall. Social security: retirement benefits: public employees.

This measure would request the President and the Congress of the United States to enact the Social Security Fairness Act of 2013, which would repeal the Government Pension Offset and the Windfall Elimination Provisions from the Social Security Act.

Fiscal committee: no.

WHEREAS, After 1965, California’s educators were not allowed
to participate in the federal social security system; and

WHEREAS, Most peace officers and firefighters, and many
other public employees, are not covered by social security; and

WHEREAS, Due to higher contribution rates, the California
State Teachers’ Retirement System and the California Public
Employees’ Retirement System provide retirees with superior
benefits compared to those provided by the federal social security
system; and

WHEREAS, The State Teachers’ Retirement System is not
coordinated with the federal social security system; and

WHEREAS, The benefits of certain members of the Public
Employees’ Retirement System and retirement systems established
pursuant to the County Employees Retirement Law of 1937 are
not coordinated with the federal social security system; and

WHEREAS, The public safety officers’ retirement plans are
uniquely designed to address the special needs of their professions,
including firefighters’ unique employment characteristics, such as
the physical demands of the job, which ultimately result in higher
injury rates and permanent disabilities; and

WHEREAS, The Social Security Act includes two offsets, the
Government Pension Offset and the Windfall Elimination
Provisions, that reduce the social security benefits payable to
persons who are entitled to benefits under other retirement systems,
under certain conditions which directly controvert the designed
intention of these California public retirement system plans; and

WHEREAS, These provisions penalize individuals who move
from private sector employment into teaching, public safety, and
other careers in public service; and

WHEREAS, These provisions penalize individuals who earned
social security benefits through their own employment prior to or
after public service by denying earned benefits; and

WHEREAS, California has a significant teacher shortage and
requires more than 16,000 new teachers per year to meet enrollment
growth and retirement replacement needs in targeted schools; and

WHEREAS, Every child should have the opportunity to have
a highly qualified teacher in his or her classroom, but the Social
Security Act offsets limit the number of fully credentialed teachers
in the classroom by penalizing individuals who change from private
to public employment; and

WHEREAS, The recruitment and retention of career firefighters,
peace officers, and other public safety officers from other states,
who are entitled to social security benefits upon retirement, are
also limited and restricted by the existing offsets, thereby making
non-social security covered employment less attractive to those
professionals and, as a result, limiting the number of experienced,
knowledgeable people who might otherwise seek out public safety
careers in California; and

WHEREAS, The recruitment and retention of teachers and other
public employees from other states, who are entitled to social
security benefits upon retirement, are also limited and restricted
by these offsets; and

WHEREAS, The Social Security Fairness Act of 2013, which
would repeal the Government Pension Offset and the Windfall
Elimination Provisions, is currently before Congress; and

WHEREAS, The elimination of the Government Pension Offset
and the Windfall Elimination Provisions would greatly improve
the opportunities for hiring and retaining teachers, peace officers,
firefighters, and other public employees in California; and

WHEREAS, The elimination of the Government Pension Offset
and the Windfall Elimination Provisions would provide economic
stimulus across California by providing earned retirement benefits
to public servants in every region of this great state during this
time of economic distress; now, therefore, be it

Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature of the State of California
requests the Congress of the United States to support the Social
Security Fairness Act of 2013, which would repeal the Government
Pension Offset and the Windfall Elimination Provisions from the
Social Security Act, and the Legislature of the State of California
further requests President Barack Obama to sign that legislation;
and be it further

Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, the Majority
Leader of the Senate, to each Senator and Representative from
California in the Congress of the United States, and to the author
for appropriate distribution.