Kindergarten students at George Washington Elementary in Lodi listen to teacher Kristen McDaniel read “Your Teachers Pet Creature” on the first day of school on July 30, 2024.
Credit: Diana Lambert / EdSource
The Social Security Fairness Act, signed by President Joe Biden on Sunday, will increase retirement benefits for many educators and other public sector workers, including nearly 290,000 in California.
The act repeals both the Windfall Elimination Provision and Government Pension Offset laws, which reduced Social Security benefits for workers who are entitled to public pensions, such as firefighters, police officers and teachers, according to the Social Security Department.
The change in the laws does not mean that California teachers, who do not pay into Social Security, will all get benefits. Instead, teachers who paid into Social Security while working in non-teaching jobs will be eligible for their full Social Security benefits, as will those eligible for spousal and survivor benefits.
Teachers who had previous careers, or who worked second jobs or summer jobs, benefit from the repeal of the Windfall Elimination Provision, said Staci Maiers, spokesperson for the National Education Association.
California is one of 15 states that does not enroll its teachers in Social Security. Instead, teachers receive pensions from the California Teachers’ Retirement System, or CalSTRS.
“This is about fairness. These unjust Social Security penalties have robbed public service workers of their hard-earned benefits for far too long,” said Becky Pringle, president of the National Education Association in a media release. “They have hurt educators and their families — and damaged the education profession, making it harder to attract and retain educators. And that means students are impacted, too.”
At a press conference Sunday, President Joe Biden said the Social Security Fairness Act would mean an increase on average of $360 a month for workers that have been impacted by the laws. There will also be a lump sum retroactive payment to make up for the benefits that workers should have received in 2024, Biden said. No date has been announced for those payments.
“The bill I’m signing today is about a simple proposition,” Biden said. “Americans who have worked hard all their lives to earn an honest living should be able to retire with economic security and dignity.”
“It’s a game-changer for a lot of educators,” said Kathy Wylie, a retired teacher who lives in Mendocino. Wylie, who is a few years away from drawing Social Security, worked for a technology company for 15 years before embarking on a 17-year career in education.
She expects that the bump in retirement funds could encourage some veteran teachers to retire early.
Biden signed the legislation following decades of advocacy from the National Education Association, the International Association of Fire Fighters and the California Retired Teachers Association. The bipartisan bill was passed by the U.S. House of Representatives on Nov. 12 and the U.S. Senate on Dec. 21.
The amendments to the Social Security Act apply to monthly benefits after December 2023. The Social Security Department is evaluating how to implement the new law, according to its website.
