House Concurrent Resolution No. 7



      Whereas, public school employees in Missouri are not covered by Social Security for their public school service. Public school employees and school districts make no contributions to the Social Security system for such work and they cannot collect benefits based on such work. Instead, the state provides public school employees with retirement benefits through the Missouri Public School Retirement System; and


            Whereas, when Congress passed the Social Security Act in 1935, it excluded federal, state, and local government employees from mandatory coverage. In the early 1950s, Congress passed a law that allowed state and local government employees to be covered if they voluntarily chose coverage in a referendum; and


            Whereas, fourteen states, including Missouri, do not provide Social Security coverage for teachers. These states have independent retirement systems for teachers and other public employees; and


            Whereas, a recent decision by the Social Security Administration jeopardizes retirement benefits for as many as 10,000 Missouri public school employees. The Social Security Administration determined that too many school district employees covered by the Missouri Public School Retirement System have been exempt from paying Social Security taxes; and


            Whereas, federal officials have determined that the Social Security exemption should only apply to teachers, principals, and a handful of other positions. Currently, guidance counselors, transportation workers, and instruction aids also participate in the Missouri Public School Retirement System; and


            Whereas, the Social Security Administration's decision to remove the exemption for guidance counselors, transportation workers, and instruction aids will result in a significant hardship on Missouri school districts and affect their ability to recruit qualified employees in those areas:


            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein, hereby strongly urge the United States Congress to oppose the Social Security Administration's decision regarding the Social Security exemption for public school employees and to enact legislation that prohibits certain employees of public school systems who currently participate in a state public school employee retirement system from being forced to participate in the federal Social Security system, including the payment of any payroll Social Security tax; and


            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Commissioner of the federal Social Security Administration and each member of the Missouri Congressional delegation.