Do Members Of Congress Pay Social Security Taxes?

The Social Security program is a long running social safety net that delivers far more than just monthly retirement income checks. It is a sprawling public service that stands as the largest funding commitment of the U.S. government. Coverage is built on a do-your-part concept, in which taxpayers pay their fair share today (FICA contributions amount to a 7.65% rate for both you and your employer) and then receive a monthly benefit check when they retire. With the benefit based on your overall earnings history. It's also worth noting that some people won't be eligible to receive Social Security checks later in life. One major myth about the program revolves around the idea that non-citizens can wring unearned benefits out of the government. The reality is that claiming benefits is a complex process and even longtime workers utilizing fraudulent documents to enable their employment won't dupe the system.

But there's another group of people who often get singled out when considering Social Security taxes. Specifically, there's a persistent myth that members of Congress do not pay into Social Security taxes. However, FactCheck.org notes that members of Congress do indeed pay into the system (and will therefore eventually be eligible to receive benefits). However, the idea that these representatives are somehow exempt from participation in the mandatory taxation and retirement benefits actually has its roots in a legitimate source — once upon a time, Congressional representatives did not pay Social Security taxes.

Up until 1984, federal employees paid into a different pension system than the general public. This meant that Social Security contributions would have effectively been a double-dip on their income. At the same time, because they weren't paying FICA taxes, they were not building the requisite credits to begin receiving benefit checks later on. Ultimately, federal workers who joined the government's ranks ahead of this change in legislation were exempt from contributing to Social Security — as of 2025, there are nine members of the legislative branch who have been in office since 1983 or prior.

The SSA notes that legislative branch employees who were in the system were given a one-time choice to remain covered under their original pension program, or to switch to Social Security participation. However, the SSA also states explicitly that all members of congress — regardless of their length of service in office — have been paying into Social Security since January 1984. This suggests that the nine individuals who could conceivably be exempt from participation opted into Social Security coverage when they were given the choice.

Congressional representatives earn $174,000 annually. This figure has remained steady for both members in the House and Senate since 2009. This means that people in Congress have historically earned more than the Social Security cap. Interestingly, while the final $5,400 in their 2024 earnings went without FICA taxes, 2025's new cap rises above this salary figure, meaning the entirety of a standard congressional paycheck will now be assessed for Social Security taxes. Based on estimated figures, someone spending their entire career in Congress (with a 30-year salary at the current figure) would receive a benefit of roughly $4,000 per month when initiating payments at full retirement age. That's a little less than $50,000 annually, immediately illuminating an interesting quirk of the Social Security program.

The retirement support service was never designed to be a comprehensive income replacement tool. Instead, it operates as a means to lift up those who experienced the least amount of economic opportunity during their working life. The more you earn in your career years, the lower your replacement rate will be. Average earners experience a replacement rate of about 40%, while those living in genuine poverty see an income replacement of up to 78.9% — which lines up with the amount that experts suggest you'll need to maintain your current lifestyle. For almost all Americans, Congressional representatives included, saving for retirement on your own — via personal retirement savings accounts — is therefore an essential piece of the puzzle.