As Methos5000 correctly pointed out, this is an Urban Legend that gets passed around via e-mails all the time.
Here are some interesting facts regarding Congress, government workers and Social Security:
It
used to be true. Until 1984 all federal civil employees and every member of
Congress did not pay any Social Security taxes. Bad publicity, however, forced Congress and most federal employees to participate (and start paying SS taxes) in 1984. Government workers (including all members of Congress) can still participate in CSRS if they wish.
In addition to the CSRS that Methos5000 mentioned, members of Congress can also choose a government “thrift savings plan” that operates similar to a 401(k). Whichever one they choose, the member must contribute.
The original Social Security law had the option of allowing states and municipalities to exempt their public employees from Social Security. This part of the law was changed in 1981. But before it was, government workers (but
not member of Congress or Senators) in Texas, California, Louisiana, Ohio, and Massachusetts
have opted out of Social Security. Instead, they participate in retirement plans administered at the state and local levels.
As it stands right now, around
5 million state and local government workers don’t pay into Social Security. While Congress does pay Social Security, there are other laws that Congress has exempted themselves from:
The Occupational Safety and Health Act (OSHA) and the Freedom of Information Act (FOIA).