Why so many public safety jobs are outside Social Security
When Congress opened Social Security to state and local workers in 1954, it left out police officers and firefighters who already had a retirement system. Their organizations asked to stay out. Their pensions paid full benefits at 50 or 55, and they did not want them tied to a program built around retirement at 65.
In 1956 Congress let police and fire plans in five states choose coverage: Florida, North Carolina, Oregon, South Carolina and South Dakota. Other states were added over the following decades, and since August 1994 every state can extend Social Security to police and fire positions through its Section 218 agreement. Many departments joined. Many others kept the pension as their only retirement plan, and that choice still stands for the people hired there today.
States with the most public workers outside Social Security
No national count splits coverage out for police and fire alone. The best guide is the share of all state and local workers without coverage, which runs highest in the states below. In these states, a police or fire job is more likely than not to come with a pension in place of Social Security.
| State | Public workers not covered |
|---|---|
| Ohio | 97.5% |
| Massachusetts | 97% |
| Nevada | 87.4% |
| Louisiana | 73% |
| Colorado | 70.3% |
| Alaska | 53.4% |
| California | 53.4% |
| Texas | 52.8% |
| Illinois | 44.9% |
| Maine | 44.8% |
How to check your own job
Your pay stub answers it. A 6.2% deduction labeled Social Security, OASDI or FICA means your department is covered, and you will have both a pension and Social Security. If you only see the 1.45% Medicare deduction, your job is not covered. Your W-2 shows the same thing in box 4, and your my Social Security account at ssa.gov lists every year of covered earnings you have so far.
The second-career advantage
Public safety pensions often pay out after 20 to 25 years, so many officers and firefighters retire in their early fifties and keep working. Security, investigations, training, trades and private EMS jobs almost always pay into Social Security. Ten years of that work earns the 40 credits you need, and every year adds to the benefit. Add in credits from jobs before the academy, and many retirees are closer than they think. The 40-credit checker counts yours year by year.
Before 2025 that second career paid less than it should have, because the Windfall Elimination Provision cut Social Security for anyone with a non-covered pension. The Social Security Fairness Act repealed it for benefits from January 2024, so the benefit you earn now comes in full on top of your pension.
Spouses and survivors
The same law ended the Government Pension Offset. A retired firefighter married to someone with a long covered career can now collect a spousal benefit, and a surviving spouse can collect the full survivor benefit, without the pension wiping it out. Run the numbers with the spousal and survivor calculator.
For families of officers who die in the line of duty, the department’s pension plan and the federal Public Safety Officers’ Benefits program are the main protection when the job was not covered. Social Security survivor benefits for children depend on the officer’s own covered work, and as few as 6 credits in the three years before death can qualify children and a spouse caring for them.
Disability
Social Security disability requires recent covered work, so an officer in a non-covered department usually relies on the pension plan’s duty and non-duty disability benefits instead. Read your plan’s disability rules early in your career, since they replace a protection most private workers have through Social Security.
Questions
Do police officers pay into Social Security?
It depends on the department. Many police officers and firefighters pay into Social Security alongside their pension, but a large share do not. Departments in states such as Ohio, Massachusetts, Nevada, Louisiana, Colorado, California, Texas and Illinois often provide a pension in place of Social Security.
How do I check whether my department is covered?
Look for a 6.2% Social Security or OASDI deduction on your pay stub and an amount in box 4 of your W-2. Your my Social Security account at ssa.gov also lists every year of covered earnings. If only Medicare is withheld, your job is not covered.
Can I get Social Security after retiring from the police or fire department?
Yes, if you earn 40 credits in covered work at any point in your life. A second career after an early public safety retirement often gets you there, and since the Social Security Fairness Act your pension no longer reduces that benefit.
Does my pension reduce my spouse’s or survivor benefit?
Not any more. The Government Pension Offset, which cut spousal and survivor benefits for people with non-covered pensions, was repealed for benefits payable from January 2024.
Do I pay Medicare as a police officer or firefighter?
Yes, if you were hired after March 31, 1986. Medicare is mandatory for new public hires, so you will have Medicare at 65 even if you never pay Social Security tax.
Sources
- Congressional Research Service, Social Security Coverage of State and Local Government Employees (R46961)
- Social Security Administration, State and Local Government Employers (Section 218)
- Social Security Administration, Survivors benefits
- Bureau of Justice Assistance, Public Safety Officers’ Benefits program