BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SJR 1


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          SENATE THIRD READING


          SJR  
          1 (Beall and Pavley)


          As Amended  January 12, 2015


          Majority vote


          SENATE VOTE:  33-5


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public          |6-0  |Bonta, Waldron,       |                    |
          |Employees       |     |Cooley,               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Jones-Sawyer,         |                    |
          |                |     |O'Donnell, Rendon     |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Requests Congress to pass, and President Barack Obama  
          to sign, legislation repealing the Social Security Act's  
          Windfall Elimination Provision and Government Pension Offset.   
          Specifically, this resolution:  










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          1)Requests that the Congress of the United States (U.S.) pass  
            legislation repealing the Government Pension Offset (GPO) and  
            the Windfall Elimination Provisions (WEP) from the Social  
            Security Act.


          2)Specifies that the Legislature of the State of California  
            further requests President Barack Obama to sign that  
            legislation.


          3)Requires that the Secretary of the Senate transmit copies of  
            this resolution to the President and Vice President of the  
            U.S., to the Speaker of the House of Representatives, the  
            Majority Leader of the Senate, and each Senator and  
            Representative from California in the Congress of the U.S.,  
            and to the author.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  Under federal law, state and local public employees  
          who work for an employer in a position not coordinated with  
          Social Security and who receive a government pension upon  
          retirement may be affected by two federal offsets to their  
          Social Security benefits.


          The WEP affects individuals who earn a pension in any job where  
          the person did not pay into Social Security and also worked in  
          other jobs long enough to qualify for a Social Security  
          retirement or disability benefit for those jobs.  Depending on  
          how many years of qualifying substantial earnings the individual  
          has in Social Security, the WEP results in a pro rata reduction  
          of 40% to 90% of one of the three factors used in determining  
          the average monthly earnings upon which the Social Security  
          benefit is based.








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          The GPO affects individuals who earn a government pension based  
          on work where the employee did not pay into Social Security but  
          who are also eligible for Social Security dependent's benefits  
          (i.e., benefits based on a spouse's Social Security benefit or  
          as the widow or widower of an eligible Social Security benefit  
          recipient).  The GPO reduces the dependent's Social Security  
          spouse/widow/widower benefit by two-thirds of the amount of the  
          individual's government pension.


          In California, the WEP and the GPO primarily impact teachers and  
          public safety officers who begin their careers in the private  
          sector and earn enough qualifying quarters to receive a Social  
          Security benefit but then switch mid-career to become, for  
          example, a teacher in a public school or a safety officer in a  
          job with a state or local government employer not coordinated  
          with Social Security.  Many do not learn of the consequences to  
          their Social Security benefits until they apply to begin  
          receiving Social Security benefits.


          Numerous other resolutions have been adopted by the California  
          legislature in the past to encourage Congress and the President  
          to eliminate, or limit the application of, the Social Security  
          offsets.  These include:  SJR 30 (Hancock), Resolution Chapter  
          126, Statutes of 2012, AJR 10 (Torlakson), Resolution Chapter  
          103, Statues of 2009; AJR 5 (Hernandez), Resolution Chapter 116,  
          Statutes of 2007; SJR 15 (Dutton), Resolution Chapter 62,  
          Statutes of 2006; AJR 29 (Pavley), Resolution Chapter 65,  
          Statutes of 2003; AJR 3 (Leonard), Resolution Chapter 66,  
          Statutes of 2001; and, SJR 4 (Soto), Resolution Chapter 94,  
          Statutes of 2001.




          Analysis Prepared by:                                             








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                          Karon Green / P.E., R., & S.S. / (916) 319-3957   
                                                                      FN:  
          0001075