AMENDED IN SENIOR ASSEMBLY OCTOBER 30, 2012

SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 5

INTRODUCED BY SENIOR ASSEMBLY MEMBER LEPEILBET

LEGISLATIVE COUNSEL'S DIGEST

AFP 5: SOCIAL SECURITY BENEFITS.

EXISTING LAW, THE FEDERAL SOCIAL SECURITY ACT, PROVIDES FOR BENEFITS FOR ELIGIBLE BENEFICIARIES, WHICH ARE FUNDED PRIMARILY BY FEDERAL PAYROLL TAXES ON WORKERS AND EMPLOYERS. THE WINDFALL ELIMINATION PROVISION OF THE ACT PROVIDES A MODIFIED FORMULA FOR CALCULATING A WORKER’S BENEFITS IF THE WORKER RECEIVES A PENSION FROM EMPLOYMENT WHERE SOCIAL SECURITY TAXES WERE NOT TAKEN OUT OF THE WORKER’S PAY. THE WINDFALL ELIMINATION PROVISION RESULTS IN THE WORKER RECEIVING LESS SOCIAL SECURITY BENEFITS THAN HE OR SHE WOULD HAVE OTHERWISE EARNED.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD REPEAL THE WINDFALL ELIMINATION PROVISION OF THE SOCIAL SECURITY ACT SO THAT ANY PERSON WHO QUALIFIES FOR SOCIAL SECURITY BENEFITS RECEIVES THE AMOUNT OF BENEFITS EARNED.

VOTE: MAJORITY.

AFP 5: SOCIAL SECURITY BENEFITS

WHEREAS, FEDERAL, STATE, AND LOCAL WORKERS WHO RECEIVE A PENSION FROM WORK WHERE SOCIAL SECURITY TAXES ARE NOT TAKEN OUT OF THEIR PAY SUFFER UP TO A 60 PERCENT REDUCTION IN THEIR SOCIAL SECURITY BENEFITS UNDER THE WINDFALL ELIMINATION PROVISIONS OF THE FEDERAL SOCIAL SECURITY ACT; AND

WHEREAS, PERSONS WHO WERE EMPLOYED FOR AT LEAST 40 QUARTERS AND QUALIFIED FOR SOME AMOUNT OF SOCIAL SECURITY BENEFITS SHOULD BE PAID THE BENEFITS THEY EARNED, REGARDLESS OF OTHER ENDEAVORS IN THEIR LIVES; AND

WHEREAS, IF THOSE WORKERS WHO ARE SUBJECT TO THE WINDFALL ELIMINATION PROVISION HAD PAID INTO SOCIAL SECURITY, THEY WOULD HAVE EARNED A GREATER AMOUNT OF BENEFITS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES REPEAL THE WINDFALL ELIMINATION PROVISION FROM THE FEDERAL SOCIAL SECURITY ACT SO THAT ANY PERSON WHO WORKED AT LEAST 40 QUARTERS AND QUALIFIED FOR SOCIAL SECURITY BENEFITS RECEIVES ALL OF THEIR EARNED BENEFITS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

- 0 -

RN 12 16589