You can take the R2k poll results or leave them. That's fine.
States cannot opt out of Social Security. Some state and local government retirement systems were separate from Social Security, for a time. Federal employees under CSRS did not pay into it. CSRS closed to new Federal employees on January 1, 1987.
CSRS existed before Social Security. CSRS is a defined benefit system.
http://www.opm.gov/R...RE/CSRS/INDEX.ASP
CSRS was replaced by FERS. People under FERS pay into Social Security.
Around 50% of CalPERS members pay into Social Security. http://www.calpers.c...facts/general.pdf (7 page .pdf)
If you had pointed to the 51st state of West Nebraska and said - "You're Wrong! People in West Nebraska doesn't pay into Social Security!" - you might have a point. ;-)
Cuccinelli isn't saying he's going to sue the US because Virginia would be prevented from creating a defined benefit program for state employees. He's saying he will sue because he thinks the Act violates the 9th and 10th Amendments rights of Virginians.
HTH.
Cheers,
Scott.