Wilk legislation urges Congress to fix a retirement policy that hurts the families of teachers

SACRAMENTO – Senator Scott Wilk, representing the 21st Senate District, announced today that Senate Joint Resolution 3 (SJR 3) has unanimously passed the Senate Floor. SJR 3 urges the United States Congress and President to repeal two federal retirement benefit laws that reduce Social Security benefits in certain circumstances for public employees and their spouses.

“This week is Teacher Appreciation Week, and tomorrow, we recognize national Teacher's Day. I am proud to advocate for our educators today and moving forward,” said Wilk. “These federal policies unfairly hurt teachers’ retirement benefits, yet the federal government has done nothing to make it right. I strongly urge Congress and the President to repeal these laws and give teachers and their spouses the benefits they have earned.”

The Government Pension Offset (GPO) and Windfall Elimination Provision (WEP), passed in the 1970s with little statistical analysis, were designed to prevent “double-dipping” from social security and other government pensions. The GPO cuts benefits when an individual receives a government pension, and their spouse is eligible for social security from non-government employment. Similarly, the WEP cuts an individual’s benefits when they are eligible for social security and government pensions from separate employers.

Why does this matter? It is unfair.

  1. If you have had a non-public sector career and, for example, in later life become a teacher, the social security benefits you earned from your non-public sector career could be slashed or altogether eliminated. Teachers, as a group, do not receive generous retirement benefits, so a policy that penalizes them from receiving their rightfully earned Social Security from a previous job is really a double whammy and infinitely unfair.
  2. 72-percent of teachers are women. The ramifications of this penalty are usually discovered when a spouse passes away and a widow’s household income is dramatically reduced because social security benefits are gutted.
  3. If you work in the private sector, pay social security and are the spouse of a person who is eligible for a pension that does not pay into social security (like a peace officer or teacher) the benefits you rightfully earned may be diminished by up to 50 percent.

Other consequences of these problematic policies are that they disproportionately affect lower-income workers and can discourage qualified individuals from seeking public-sector jobs such as STEM education. Our future depends on students having access to education in science, technology, engineering and math. Experts in these fields (e.g., people that have good careers in aerospace) may not consider second careers in education because of the ramifications to retirement under WEP and GPO.

“These laws were intended to prevent people from taking advantage of the government, but instead, they have resulted in the government taking advantage of its people,” said Wilk. “I want to thank my Senate colleagues for recognizing the national importance of this issue, and I hope the federal government hears us and responds.”

SJR 3 has support from a number of education groups, including the California Teachers Association (CTA), the California Retired Teachers Association, and the California State Teachers’ Retirement System (CalSTRS).

The measure now moves to the Assembly.