Susan Roane v. Patricia R. Harris, Secretary of the Department of Health, Education and Welfare

Appellants are employees of the San Francisco Unified School District. Prior to July, 1972, they were members of the San Francisco City and County Employees’ Retirement System (SFRS). As such, they could and did participate in the Federal Social Security System under 42 U.S.C. § 418 (d)(3), thus assuring themselves of the benefits of both systems.

In 1972, California required teachers who commenced employment with the School District after July 1, 1972, to become members of the state-wide teachers’ retirement system, State Teachers’ Retirement System (STRS). The state also required the members of SFRS to choose irrevocably between continued membership in SFRS or transfer to STRS. Appellants chose to transfer to STRS. Believing that they had ceased to be covered by Social Security because of their transfer to STRS, appellants applied to the Secretary of HEW for release from that system. The Secretary denied their application. On appeal, the administrative law judge and the Appeals Council upheld the Secretary, holding that appellants continue to fit the definition of membership in a covered retirement group provided by 42 U.S.C. § 418 (d)(4) and remain covered by Social Security…