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Thank you!
March 23, 2007 at 6:22 am
I encourage you to support the repeal of the GPO and WEP. Please read on to see how these laws apply to me.
While a junior in high school, I began working at a Burger Chef restaurant in 1963; where I averaged about 28 hours per week. I worked there until the end of my freshman year of college, when I was hired as a janitor at General Electric. I continued there until August 1968, sometimes working 45 or 50 hour weeks. I needed these jobs in order to afford a college education. By the time I started teaching in August 1968, I had paid into Social Security for 22 quarters.
For the next 28 years, I taught science, math, and computers in a middle school. In 1996, I retired from the public schools of Daviess County, Kentucky. In Sept. 1997, I was hired as a computer instructor at Daymar College, a private business school, in Owensboro, Kentucky. I had continuous employment with Daymar, and paid into social security for nine years, retiring a second time in Sept. of 2006. During these nine years, I paid into Social Security for 36 quarters.
One can see that I earned credit for 58 quarters from my work before and after my public teaching career; far exceeding the required 40 quarters necessary to draw Social Security.
In between, while in public education, I almost always worked a second job to compensate for the relatively low salaries paid teachers. These second jobs helped afford my family the financial support that they deserved. During those years, I was a carpenter’s helper, a baker, a house painter, a clerk at a bowling alley, a Realtor, a night-time instructor at a business college, etc. All of these second jobs required paying into Social Security. By my most conservative estimate, I earned credit for at least 26 quarters between 1968 and 1996.
During all my working years, I earned at least 84 quarters; more than twice what was necessary to qualify for a Social Security benefit. However, because of the GPO and the WEP, I will be penalized; and the penalty is huge. According to the most recent information from Social Security, my monthly benefit would be about $453. With the penalties, my monthly benefit will be reduced to about $200; less than half.
Life is not always fair, and these laws are good examples of that fact. They were passed during the early 1980’s; while I was in midstream of my working years. And with their passage, the 40 quarter rule no longer applies to a select group of citizens; among these some teachers. At the time of the passage of these laws, I had already worked for about 20 years, under the assumption that if I earned 40 quarters of credit, I would qualify for a Social Security benefit; no penalty had ever been mentioned. I believe that by the time these laws were passed, I had earned my 40 quarters.
The rational for the GPO and WEP has been explained, however, I respectfully disagree with it. There are many people outside the realm of public servants (teachers, firemen, and policemen) that paid Social Security taxes on small percentages of their total earning and still they qualified to draw Social Security without penalties. For example, CEOs of large corporations, many which have salaries in the millions, would only pay on about the first $100,000 of their huge salaries. Yet they would not be penalized on their Social Security for paying on such a small percentage. In fact, anyone making over $200,000 would pay on 50% or less of their earnings. This probably includes most that serve in Congress, including many that helped to pass the GPO and WEP.
I might also point out another situation; a situation where the owner of a business puts his wife and children on the payroll, for the purpose of paying Social Security taxes for them in order for them to qualify for a Social Security benefit. In many cases the spouse and children do little actual work, but they earn their 40 quarters, and later will draw full Social Security checks, without penalty.
In my heart, I believe that the GPO and WEP have had consequences that Congress did not intend. I just don’t believe that Congress intended for hard working, and usually low paid, teachers and others to be penalized on their Social Security benefits in the manner described above. Would you please join me in supporting the repeal of these laws?
I would be happy to make myself available to discuss this with any congressman or any members of their staffs.
Sincerely,
GDD
June 16, 2008 at 2:21 am
Agueda…
To do something, however small, to make others happier and better, is the highest ambition, the most elevating hope, which can inspire a human being….
July 13, 2008 at 9:49 am
A. For decades a state retirement system (Teachers Retirement System) has taken advantage of a federal benefits program (Social Security) by forcing/allowing teachers to pay Social Security Contributions in lieu of the Teacher Retirement System contributions. Illinois is the only state that allowed/forced teachers to acquire FICA/Medicare credits without the necessary Section 218 agreement with the Social Security Administration.
B. By forcing teachers to contribute to FICA/Medicare the retirement system was forcing/allowing teachers to acquire SS credits “under the table”.
C. The policies of the teachers retirement system has allowed the system to avoid benefit responsibilities of wages earned by certified teachers performing duties that were mandated by the state of Illinois.
D. The policies of the teachers retirement system were predicated on policies that according to the Illinois Attorney General and the Social Security Administration do not exist.
I retired in 2002 after teaching for 30 years. My employment with the school district included school term and summer vacation, with both term and summer employment falling under the same job description. During the school term all withholdings were directed to Illinois TRS , while earnings from summer were withheld into FICA. The school district and TRS concur that FICA withholdings from summer employment was the “law” . Other school districts in Illinois allowed their teachers a choice of withholding FICA or TRS, some districts only TRS, and some districts only FICA.
When I registered for Social Security in 2006, I was informed that my SS benefit would be penalized (Windfall Elimination Provision/WEP) $250 per month because I receive a state annuity. My teacher annuity is penalized $350 per month because I was not allowed to use my summer teaching withholdings for my teacher annuity because the school district directed those withholdings to FICA.
Illinois is one of fifteen states where the teachers’ retirement system is not “coordinated” with SSA through a Section 218 agreement. Teachers in the other fourteen states without a Section 218 agreement are not allowed to acquire Social Security/Medicare credits from any teacher employment.
According to Illinois TRS, the legal “underpinnings” of TRS policy was a May, 1956 opinion from the Illinois Attorney General. A recent FOIA request to the Illinois Attorney General determined that there was no record of the May 1956 opinion.
According to TRS, the “long standing practice” that governed teacher “summer” withholdings was rescinded in 2002 because of a SSA ruling. Regional and State Social Security Administrators have no record of the SSA ruling.
My summer employment was necessary so the school district would comply with ILCS, ISBE and State Motor Vehicle Code guidelines. My summer employment allowed the school district receive reimbursement from the Illinois State Board of Education. The school district and TRS refuse to allow my summer employment as a factor for my teaching annuity.
WEP was established to prevent a retiree from “double dipping” from two different government entities. In my case, two different government entities are “double dipping” from a retired teacher.
The Illinois Education Association Active, Illinois Education Association Retired and the Illinois Retired Teachers Association will not challenge the Teacher Retirement System for forcing teaching earnings into the Social Security System instead of accepting those earnings in the Teacher Retirement System.
The Teacher Retirement System wins because the system will not be responsible for paying benefits for teaching earnings, the employee will loose TRS benefits and SS benefits because the Windfall Elimination Provision penalizes SS benefits since the employee is a retired teacher. Finally the SS system will be further “stressed” because a state agency and members of that agency did not comply with Section 218 of the SSA.
Also consider the following:

reciprocal retirement systems
The process of recognizing service credit earned in another reciprocal retirement system in Illinois when a retirement benefit is calculated. Including TRS, there are 13 reciprocal systems in Illinois.
The 12 systems (in addition to IMRF) covered by the Reciprocal Act are listed below.
Illinois Reciprocal Systems
Table of contents:
County Employees’ Annuity & Benefit Fund of Cook County
Forest Preserve District Employees’ Annuity & Benefit Fund of Cook County
General Assembly Retirement System
Judges’ Retirement System
Laborers’ Annuity and Benefit Fund
Municipal Employees’ Annuity and Benefit Fund of Chicago
Park Employees’ Annuity and Benefit Fund
Public School Teachers’ Pension and Retirement Fund of Chicago
Metropolitan Water Reclamation District Retirement Fund
State Employees’ Retirement System
State Teacher’s Retirement System
State Universities Retirement System
A reasonable person would assume that TRS being one of twelve retirement systems that have a reciprocal agreement would have a reciprocal agreement with a certified teacher that was/is a member of the TRS whose wages as a certified teacher were performing duties mandated by the state and reimbursed by the state. In other words, the Illinois Teachers Retirement System (TRS ) would accept wages from the Judges Retirement System, the General Assembly Retirement System (GAS)JRS, but not from a member of the Illinois Teachers Retirement System (TRS).
Final point of emphasis:
Jon Bauman
Executive Director/TRS
“Most TRS members cannot collect Social Security, so their defined benefit plan often provides their only source of financial security. Additionally, all TRS members are guaranteed by the Illinois Constitution and the Contract Clause of the U.S. Constitution that their benefits cannot be diminished or impaired.”
If TRS members cannot collect Social Security, then how can TRS members be required to pay into Social Security which both diminishes and impairs
their TRS and SS benefits.
Jon Bauman testimony to Illinois General Assembly/Committee of the Whole on July 8, 2007 (Fifth Special Session/1st Legislative Day):
“It’s also important to remember that teachers (therefore TRS members) do not participate in Social Security.”
TRS publication Topics and Reports Spring 2002 “Members often used the Social Security option.”
The SSA does not allow for “optonal Social Security”
In my situation I was forced to use the SS option.
sirrad@frontiernet.net
August 11, 2008 at 5:26 pm
There is no question that our retirement income has been significanlty reduced by the effects of GPO & WEP. We have both acumulated enough Social Security points to be eligible for full benefits, but obviously are unable to collect them. My wife is presently still working to suplement our income, and I do not know what will happen when she is no longer able to do so. With full Social Security, and our Maine State Retirement benefits we would be able to lead a full, somewhat sparten, life – however long that may be.
We are asking that you do what you can to secure the repeal of the GPO and WEP.
Thank you for your efforts.
August 11, 2008 at 5:28 pm
previous comments submitted by rc and ac in the State of Maine. (forgot that the first time!)