More in Service & Disability Retirement

Social Security & Your CalPERS Pension

Not all CalPERS members have the same access to Social Security benefits during retirement. Those benefits depend on whether your employer withheld Social Security taxes from your salary. Those who didn’t have Social Security taxes withheld served in what are often called “non-covered” positions, with many of these being safety personnel. The “non-covered” positions exist at both the state and local government level in California.

What was the Windfall Elimination Provision?

Prior to January 6, 2025, these members were subject to a federal law that could reduce their Social Security benefits, known as the Windfall Elimination Provision (WEP). The law limited benefits for anyone in a “non-covered” position unless they had 30 or more years of “substantial earnings” from a different job where Social Security taxes had been collected.

(No matter your work history, Social Security has no impact on your CalPERS pension).

The WEP was repealed by the Social Security Fairness Act, signed into law by President Biden on January 6, 2025. The new law is retroactive to benefits paid in 2024, but it is currently unclear how long it will take the Social Security Administration to fully implement its provisions.

CalPERS manages neither the changes brought about by the new federal law nor the eventual additional payments. You can contact the Social Security Administration for more information.

What was the Government Pension Offset?

The Social Security Fairness Act also rescinded a federal law known as the Government Pension Offset (GPO). This law applied to those who receive a government pension that is based on employment not covered by Social Security, and you are eligible for your spouse or your surviving spouse's Social Security benefits.

The GPO provisions did not impact members whose employment has always been covered by Social Security.

As with the repeal of the WEP, some members are likely to see additional benefits paid once the Social Security Administration determines how best to implement the change. CalPERS does not manage these changes. You can contact the Social Security Administration for more information.

Who to Contact

For more information, read the Social Security Administration’s update on the new law. You can also contact the agency directly or search for a local office.

If you believe your Social Security benefits are being reduced incorrectly and you are unable to resolve the issue at the Social Security field office, you may escalate your case through one of the following methods: