SUBJECT:

Social Security Protection Act of 2004

The UC Office of the President has established procedures for complying with the Social Security Protection Act of 2004, which requires employers to provide a written notice to any individual being employed in a position that is not covered by Social Security. UCRS Form 419 explains how not being subject to Social Security in certain positions may affect the individual's future Social Security benefits.

Effective immediately, all new hires in the following categories must complete and sign the UCRS Form 419:

1) Safety personnel covered by the UC Retirement Plan for Safety Members (police and fire fighters).

2) Other UC Retirement Plan Members who are exempt from paying Social Security.

- Nonresident aliens living and working outside the U.S.

- Nonresident aliens exempt from Social Security because of an F-1 or J-1 visa status

- Nonresident aliens whose wages are subject to taxes or contributions under the social security system of a foreign country with which the U.S. has a totalization agreement

3) All Defined Contribution Plan Safe Harbor Employees

- Part-time, seasonal, and temporary employees who are not covered by Social Security

- Non-exempt UC student employees who do not satisfy certain course load requirements

- Resident aliens with F-1 and J-1 visa status

4) Employees who do not contribute to a retirement system who are not covered by Social Security

- Exempt UC student employees who do satisfy certain course load requirements

- Nonresident aliens living and working outside the U.S.

- Nonresident aliens exempt from Social Security because of an F-1 or J-1 visa status

- Nonresident aliens whose wages are subject to taxes or contributions under the social security system of a foreign country with which the U.S. has a totalization agreement

The UCRS Form 419 must be signed by the employee no later than the first day of work. Additionally, all employees hired into the above categories since January 1, 2005 must sign the form.

Departments may obtain copies of the UCRS Form 419 online from the "Forms and Publications" section of the UC At Your Service website (http://atyourservice.ucop.edu). Within 30 days after the form is signed, the original signed form must be sent to: UC HR/Benefits Records Management P.O. Box 24570 Oakland, CA 94623-1570.

A photocopy of the signed form should be given to the employee.

Questions regarding these procedures should be addressed to Jackie Edwards, Benefits Manager, at or (858) 534-5634.

Rogers Davis Assistant Vice Chancellor - Human Resources