Bill Text: CA AJR10 | 2009-2010 | Regular Session | Chaptered
Bill Title: Social Security: retirement benefits: public employees.
Spectrum: Moderate Partisan Bill (Democrat 49-9)
Status: (Passed) 2009-09-16 - Chaptered by Secretary of State - Res. Chapter 103, Statutes of 2009. [AJR10 Detail]
Download: California-2009-AJR10-Chaptered.html
BILL NUMBER: AJR 10 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 103
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2009
ADOPTED IN SENATE SEPTEMBER 1, 2009
ADOPTED IN ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN SENATE AUGUST 24, 2009
AMENDED IN ASSEMBLY MAY 18, 2009
INTRODUCED BY Assembly Member Torlakson
(Coauthors: Assembly Members Adams, Ammiano, Anderson, Arambula,
Beall, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Evans,
Feuer, Fong, Fuentes, Fuller, Furutani, Gilmore, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Niello, John A.
Perez, V. Manuel Perez, Portantino, Ruskin, Salas, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torres, Torrico, Tran, and
Yamada)
(Coauthors: Senators DeSaulnier, Liu, and Yee)
MARCH 9, 2009
Relative to Social Security.
LEGISLATIVE COUNSEL'S DIGEST
AJR 10, Torlakson. 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 2009,
which would repeal the Government Pension Offset and the Windfall
Elimination Provision from the Social Security Act.
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 Provision,
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 needs, retirement replacement, as well as class size reduction
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 2009, which would
repeal the Government Pension Offset and the Windfall Elimination
Provision, is currently before Congress; and
WHEREAS, The elimination of the Government Pension Offset and the
Windfall Elimination Provision 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 Provision 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 Assembly and the Senate 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 2009, which would repeal the Government
Pension Offset and the Windfall Elimination Provision from the Social
Security Act, and further, the Legislature of the State of
California requests President Barack Obama to sign that legislation;
and be it further
Resolved, That the Chief Clerk of the Assembly 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, and to each Senator and Representative from
California in the Congress of the United States.
