BILL ANALYSIS Ó SJR 1 Page 1 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: SJR 1 Page 2 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. SJR 1 Page 3 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: SJR 1 Page 4 Karon Green / P.E., R., & S.S. / (916) 319-3957 FN: 0001075