Pension
loophole exploited
- GAO:
Some Texas schools helping teachers tap Social
Security
08/16/2002
WASHINGTON – A fast-growing
technique used by Texas teachers to circumvent
federal pension limitations could drain more
than $450 million in unintended benefits from
the Social Security system, says a report
issued Wednesday by congressional auditors. The General Accounting Office
said retiring teachers can spend a single day
– their last working day – as a janitor or
a clerk, pay as little as $3 in Social
Security taxes, and collect an average $93,000
or more in spousal retirement benefits over
the rest of their lives. Jeri Stone, executive director
of the Texas Classroom Teachers Association,
said her organization not only encourages
Texas teachers to take advantage of the
loophole, but also lobbies against the federal
provision that was intended to prohibit public
employees from collecting both. "We're not unhappy that
the loophole exists," Ms. Stone said. The report offers no estimate
of the extent of the problem nationwide,
focusing only on Texas and Georgia. Of 4,819
cases studied, all but 24 were in Texas. The cases reviewed by the GAO
primarily involve Social Security spousal
benefits, which are intended for the wives or
husbands of workers covered by Social Security
who have little or no income of their own. Under federal law, retirees
with state or local government pensions cannot
receive full spousal Social Security benefits,
even if they would otherwise qualify – the
so-called Government Pension Offset. A
provision of the law, however, allows those
additional benefits to be collected if a
retiree's final working day is spent in a job
covered by Social Security. The pension offset applies to
government employees in about a third of the
2,300 state and local retirement programs
nationwide. "I requested the GAO
report because I was concerned that this
loophole was being used to compromise the
intent of the law, worsen Social Security's
long-term financial challenges, or could have
other unintended consequences," said Rep.
E. Clay Shaw, R-Fla., chairman of the House
Ways and Means Social Security Subcommittee. "The apparently growing
use of the loophole is only a symptom of
general concern about whether the GPO itself
is fair." The loophole arrangement works
this way: A retiring teacher can transfer to a
school in a Texas district that is covered by
Social Security. By working as little as a
single day at the new job – most often as a
janitor, a clerk or a food service employee
– a teacher can retire with the full spousal
benefit. The GAO calculates that this
extra benefit, about $4,800 per year, will be
collected by the 4,795 Texas teachers for an
average of 19.4 years. For some school districts, the
hiring of these retiring teachers has been a
bonanza. According to the GAO, some Texas
schools are charging as much as $500 in
"employment application fees." One
unidentified Texas school, the report said,
earned $283,000 in such fees. In addition, the GAO said,
several Texas community colleges and at least
one university have pursued these one-day
employees. A GAO official declined to identify
the Texas schools involved. Some Texas school districts
are actively advertising their involvement in
securing the extra benefits. For instance, the
Coleman Independent School District, just
northeast of San Angelo, advertises its
"Temporary Employment Program" on
its official Web site. Says the site: "Coleman
ISD employs people for temporary employment
[sometimes as little as one day] in a
non-professional role. This may include
custodial work, cafeteria work, clerical work,
classroom aide, etc. If employed by Coleman
ISD in a temporary role your compensation for
the work will have deductions for the Teacher
Retirement System and for Social
Security." The fee for this service,
according to the Web site, is $200. The
Coleman ISD official cited as the contact for
the program did not return calls. Daniel Bertoni, GAO assistant
director, said the loophole investigation
began as a tip from the government's FraudNET
hotline, but no criminal activity was
uncovered. "Still, it proved to be a
public issue that needed to be
addressed," Mr. Bertoni said. Ms. Stone, of the classroom
teachers association, said she is glad that
the report has raised the issue of the pension
offsets, which she and her member-teachers
believe are unfair. Some teachers say they have
worked at previous jobs and have paid into the
Social Security system but cannot receive a
benefit. Others say they would have received
spousal benefits for doing nothing at all if
they hadn't worked for the government. "They're surprised, in
fact, when they learn that they can't get a
benefit. They believe it's unfair," Ms.
Stone said. Bill Passmore of the
Richardson Retired Teachers Association said
he and other members receive calls every year
from retiring school district employees who
want information about the loophole. However,
he added, there wouldn't be a need for the
loophole if the Government Pension Offset and
other prohibitions were eliminated. "The Texas Retired
Teachers Association has as one of its
legislative goals this year to repeal those
rules," Mr. Passmore said. "We feel
like they're unfair to teachers." Staff writer Kristine
Hughes in Dallas contributed to this report. In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]
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