Pension law draws protest at fundraiser

Lolita Harper

Dozens of pickets from all over Orange County gathered outside a

Newport Beach fundraiser for Rep. Dana Rohrabacher Saturday morning

to call attention to a bill that would repeal a 20-year law that

limits those who worked in both the private and public sector from

collecting from both pension programs.

Nearly 100 active and retired government employees, including

teachers, librarians, clerical workers and court clerks, gathered

outside the Pacific Club where Rohrabacher hosted a breakfast to

raise awareness about the Government Pension Offset law and its

Windfall Elimination Provision.

The Government Pension Offset says that “if you worked for a

federal, state or local government where you did not pay Social

Security taxes, the pension you receive from that agency may reduce

any Social Security benefits for which you are qualified,” according

the Social Security Administration website. The Windfall Elimination

Provision affects disability and retirement using a formula, the

website stated.

Legislators are exempt from both the Government Pension Offset and

the Windfall Elimination Provision.

Joyce Elia, who in large part organized the protest, said the law

is unfair because, over the course of her lifetime, she worked long

enough in both sectors to be eligible for both pension programs --

and therefore should receive both.

“These are earned benefits,” Elia said. “We paid for them.”

Joyce Kucera, 69, said she was upset that she wasn’t given an

option to contribute to either social security or her government

pension program. Kucera, of Seal Beach, who worked in education with

her husband, said the pension program was mandatory and automatically

deducted from her checks.

“They forcefully take out this money and then when it’s time to

collect it, they tell you that you can’t have it without it coming

out of your Social Security benefits,” Kucera said.

The Social Security Fairness Act of 2003 is a house bill that

would repeal the offset and the provision. Rohrabacher, a Republican

who represents the 45th Congressional District, is one legislator who

has not signed it.

Rohrabacher was not available for comment Saturday morning, as he

left the breakfast and immediately boarded a plane. But his district

director, Kathleen Hollingsworth, said he would not sign the bill

because he disagrees with its basic premise.

Those in favor of the proposed legislation, who have worked for

both the private and public sector, are hoping to draw full benefits

from both legislative programs, Hollingsworth said.

Others, who have not worked public jobs and have paid into the

social security system their entire working life, can only draw from

one government pension plan and that is Social Security. It is not

fair for some to have access to full benefits of both, while others

are limited, she said. They must chose one or the other,

Hollingsworth said.

“The congressman is in agreement -- this is a question of

fairness,” Hollingsworth said. “And this is a case of people seeing

fairness from two different perspectives.”

Elia, a Mission Viejo resident, said the group would continue to

fight for this bill until it is passed.

“We are the baby boomers and we are not afraid of going to the

streets,” Elia said. “We may be gray and we may be a little older but

our resolve is still as strong as ever.”