Q & A Session – Exempt from Paying Social Security?


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


After my CSRS retirement from the government, can I legally opt out of paying Social Security in future employment endeavors? I will retire with 40 years of military time, and due to my secondary employment I have held throughout the years, my CSRS gross will be $86,0000, nullifying any Social Security benefit for which I may be entitled. I intend to seek other work and do not want to pay for something I will never obtain.


You have to pay Social Security or employment taxes for any covered job no matter how old you are or how long you’ve been working and paying into the system.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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