SECURITY FOR SENIORS: SAVING SOCIAL SECURITY
By Jan Schneider *



Social Security -- less commonly referred to by its official name of Old-Age, Survivors, and Disability Insurance (OASDI) – is the ultimate safety net for senior citizens. But how secure is it? This appears to be the number one domestic policy issue for the next four years.

At the inception of his second term, President George W. Bush announced in his State of the Union Address on February 2, 2005 that he wants to preserve Social Security for future generations by allowing American workers to invest a portion of their payroll tax contributions in stocks and bonds. Numerous members of Congress and the public oppose the idea, contending that no major changes to Social Security are warranted and that relatively minor revisions will keep the system solvent for the foreseeable future. In any event, many argue, the private accounts being advocated by the Bush Administration would impose prohibitively expensive transition costs, and the overall partial privatization proposal will drastically and unacceptably reduce guaranteed retirement benefits.

One of the main talking points by President Bush in selling his plan is that "[i]f you're a senior receiving your Social Security check, nothing is going to change," with the implicit corollary that you should not be concerned. This is perhaps so if Social Security is your only source of retirement income, if you are unconcerned about the financial security of your children and grandchildren, and if you are indifferent to the sustainability of the national economy. Otherwise, in order to reach informed opinions, seniors and other interested parties may wish to understand the basic structure of the Social Security system, the details of the Bush partial privatization proposal, the grounds for arguments being raised in opposition, and the nature and ramifications of available policy alternatives.

I.   SOCIAL SECURITY: A SOCIAL INSURANCE SYSTEM
Social Security or OASDI is a comprehensive social insurance system signed into law by President Franklin D. Roosevelt in 1935 as part of the New Deal following the Great Depression. [1] It is also an earned benefits program, which means eligibility is based on working and paying taxes. Administered by the Social Security Administration (SSA),[2] the program provides federally guaranteed benefits in two main categories: Old-Age and Survivors Insurance (OASI) and Disability Insurance (DI).[3] Overall, in 2004, Social Security took in $657.7 billion and had total expenditures of $501.6 billion (including $493.3 billion in benefits payments), resulting in a surplus of $156.1 billion and total assets at the end of the year of $1,686.8 billion (or nearly $1.7 trillion).[4]
A. Who Benefits?
Social Security is not just for seniors. In 2005, Social Security is expected to pay benefits of approximately $509 billion to nearly 48 million people in the United States – or roughly one out of every six Americans. In 2004, Social Security paid benefits of $493.3 billion to 47.7 million recipients.[5]

While retirees account for the largest share, Social Security actually provides benefits to three basic groups of recipients: retired workers and their spouses and dependent children, disabled workers and their dependents, and families of deceased workers. Workers are entitled to full retirement benefits if they have contributed to Social Security for at least 10 years and reach the normal retirement age, which is currently 65 for those born in 1937 or earlier and rises by increments to 67 for birthdates 1960 and later.[6] Reduced benefits are available for early retirement, starting at age 62, and there are also specific age and other requirements for eligibility for spouses and family members of workers.[7]

Seniors have the most immediate, if not the greatest, interest in the Social Security system. In 2004, of the $493.3 billion paid out in benefits, $415.0 billion or 84% was for retirement ( OASI), and $78.2 billion or 16% went to disability (DI). More than nine out of ten people in the United States age 65 and older received Social Security benefits. Social Security was the major source of income (at least 50% of total income) for two-thirds (66%) of the 65-and-over age group; its benefits represented 39% of income for the 65+ set; and the program was the only source of income for approximately 22% of these seniors. It has been calculated that without Social Security nearly half of American seniors would be living below poverty lines.[8]

Social Security beneficiaries are far from randomly distributed nationwide, due to age, climate and other factors. Those of us who live in the "Sunshine State" have an enormous interest in the current political debate, since Florida is second only to California in terms of total numbers of Social Security beneficiaries and receipts.[9] When Congressional districts are ranked by numbers of Social Security recipients, the first five and a total of seven of the highest ten districts are in Florida; when the districts are sorted by numbers of beneficiaries as a percentage of the total voting age population, the first five and six districts in the top ten are in Florida; and when they are ranked by percentages of the population over the age of 65, nine of the top ten are in this state.[10] Social Security is, however, likewise a potentially incendiary issue in many other retirement areas scattered around the country.

There is also a gender bias to Social Security issues. Of all adults receiving Social Security benefits, nearly 60% are women. In general, women have fewer resources to rely on in retirement. They are less likely than men to have private pensions, and when they do, the payments are typically smaller because women still earn less on the average than men. Also, because of their lower earnings, women generally have fewer retirement savings. Finally, although the life expectancy gap may be narrowing, it is still true that women spend an average of three years more than men in retirement.[11]

B. Who Pays?
As already indicated, for 2004, with expenditures of $501.6 billion, the Social Security system had revenues of $657.7 billion, resulting in a surplus of $156.1 billion. The income came from three sources.[12]

First, the workers of this country and their employers finance most of the Social Security system. The vast bulk of the funds needed to pay Social Security retirement and disability benefits comes from payroll and self-employment taxes (sometimes known by their origin as Federal Insurance Contributions Act or "FICA" taxes).[13] Employees and their employers each pay 6.2% of earnings, and self-employed individuals pay the full 12.4%. FICA taxes have to be paid, however, only on earnings up to a cap or ceiling, which for 2005 is $90,000.[14]

The second highest source of income for the Social Security system is interest on the trust funds. When payroll taxes and other revenues come in, the government does not pile them up in a basement s omewhere but rather allocates them to appropriate (if largely fictitious) trust funds. Most of the money is immediately paid out in benefits, but assets not currently required are invested in special securities of the United States Treasury. These securities earn interest, which is itself paid in the form of special issue Treasury bonds. When receipts are insufficient to pay benefits, the bond proceeds are supposed to be used to meet the monthly payments. Including the $156 billion annual surplus, the OASI and DI Trust Funds had amassed nearly $1.7 trillion in assets at the end of 2004.

Third, Social Security benefits are themselves subject to federal income taxes. The tax is imposed on taxpayers with incomes exceeding a specified base amount. The floor is $25,000 for single persons and married individuals filing separately and living apart, $32,000 for married couples filing jointly, and $0 for couples living together but filing separately. In certain circumstances, up to 85% of benefits may be taxed.[15]

C. How Is the System Financed?
So far, all of this sounds fairly straightforward. Yet many Americans, including many members of Congress, are confused about how the Social Security system actually works – and with good reason! The system is, in fact, riddled with anomalies and legal and accounting fictions.

On the one hand, as repeatedly emphasized by politicians and others, Social Security is a "pay-as-you-go" system. Most payroll revenues are spent immediately upon receipt -- mostly to provide current benefits, but for other purposes as well. There is no real funding of future benefits, and no money is stashed away to meet commitments. On the other hand, most pay-as-you-go arrangements do not have trust funds or other advance-funding arrangements (real or notional), since there are no excess funds available and no investments to be made. But in this country, Social Security revenues have exceeded expenditures since the mid-1990s and are expected to do so for many years into the future. In consequence, Congress has created "trust funds" that essentially contain illusory assets. The trustees do not actually handle any money; they do not collect taxes or pay benefits or expenses (all of which is managed by the United States Treasury). Instead, as already mentioned, the trust funds are composed of special-issue, non-marketable government "bonds," which bear little resemblance to those sold to the public. These bonds cannot be traded or used to pay for anything, have an identical issuer and holder (akin to an IOU by the government to itself), and are not officially included in the national debt. What they represent, in essence, is a covenant between the government and the American public.[16]

Some other countries, beginning with Chile in 1981, have created programs requiring workers to save for their own retirement through private investment accounts.[17] While the United States has not gone in this direction, we do have substantial tax incentives for creation of supplementary Individual Retirement Accounts, 401(k)s and the like. Meanwhile, Social Security itself has remained, in essence, a complicated social insurance program based on bonds of trust ("sacred trust") between the federal government and the national workforce in a democratic society.

Then what is the so-called "lockbox" occasionally bandied about by politicians? The issue of spending Social Security money for general government operations arose during the 2000 Presidential election campaign. Vice President Al Gore denounced the practice and proposed securing all payroll tax revenues in a "lockbox" to be used only to pay Social Security benefits. Not to be outdone by a Democrat, President Bush also promised early on to "keep all Social Security money in the Social Security system, where it belongs" and to "make sure the retirement savings of America's seniors are not diverted in any program." Nevertheless, few members of the Fourth Estate were shocked when Mr. Bush acknowledged at a press conference some four years later that "right now, we're paying for a lot of programs other than Social Security with the payroll tax coming in, thereby leaving a pile of IOUs."[18]

D. Is Social Security Going Broke?
It can hardly come as a surprise that increasing numbers of "babyboomers" are soon going to be retiring. Also, in theory, it should be difficult for a pay-as-you-go system to go broke. In practice, however, the United States Social Security System is expected to encounter significant difficulties by the middle of this century.

We are all getting accustomed to alarming projections about the diminishing number of workers for every Social Security beneficiary. In 1945, there were more than 40 workers for each beneficiary. By 1950, the ratio had been cut by more than half to about 16 to 1. Today, there are 3.3 workers for each beneficiary, and by 2040 the number is projected to decline to 2. Obviously, a number of factors have contributed to the downward trend, including increasing life expectancies, which have gone up from about 63 years for males and 68 for females in 1945 to 75 and 80 today.[19] Beginning around 2010, the expected rapid decrease in the workers/beneficiaries ratio is attributable both to the large number of persons born during the "baby-boom" reaching retirement age and the subsequent period of low fertility rates resulting in fewer entrants into the work force. Besides all that, the average life expectancy of a 65-year old has risen from 13½ years back in 1945 to 17 years today.[20]

With respect to such trends and their consequences, there are two basic sets of official projections. Each year the OASDI Trustees assess the state of Social Security 75 years into the future. The 2004 OASDI Trustees Report projected that, under intermediate actuarial assumptions,[21] OASDI Trust Funds would continue to run surpluses until 2018. In 2018, expenditures would exceed payroll tax revenues for the first time, producing cash-flow deficits thereafter. Nevertheless, from 2018 to 2042, redemption of trust fund assets would allow continuation of full benefits for all qualified Social Security beneficiaries. In 2042, trust fund assets would be exhausted, but even then tax income would continue to be sufficient to pay 73% of scheduled benefits until 2078 and 68% thereafter. In their 2005 Report (after President Bush unveiled his new plans for Social Security), the Trustees revised their target dates slightly, back from 2018 to 2017 and 2042 to 2041.[22]

Shortly thereafter, the Congressional Budget Office (CBO) issued official, long-term projections of the future of Social Security, which were somewhat more optimistic than those of the Social Securities Trustees. While the Trustees set the dates for payroll taxes and assets shortfalls in 2018 and 2042, the non-partisan CBO put them in 2019 and 2052 – later revised to 2020 and 2052. Also, instead of the 73% benefits possibilities for 2042 to 2078 projected by the Trustees, the CBO report said closer to 80% starting in 2053.[23] For present purposes, the point is not the differences in the two approaches, but rather the general time frames common to both.

Social Security has come much closer to disaster in the past. Indeed, in the early 1980s a lethal combination of rampant inflation, slow economic growth, and a double benefits-indexing anomaly left the system fast approaching insolvency. For several years, Social Security had been "borrowing" against other trust funds, including disability and Medicare accounts, to pay monthly retirement benefits.[24] Faced with the imminent collapse of the system, President Ronald Reagan named a blue-ribbon National Commission on Social Security Reform, chaired by Alan Greenspan.[25] Implementing the recommendations of the Greenspan Commission, Congress passed a comprehensive set of amendments, which delayed some benefits, accelerated scheduled payroll tax rate increases, injected some previously exempted persons (including members of Congress) into the revenue pools, initiated the "trust funds" as we know them today, and for the first time imposed income taxes on up to 50% of benefits for recipients above specified earnings thresholds.[26]

As a result of these and several subsequent sets of more modest reforms, Social Security currently enjoys reserves in excess of $1.5 trillion and expected to swell to more than $6 trillion. The Trustees project that the OASDI Trust Funds will be able to pay full benefits through 2041, well beyond the upsurge of babyboomer retirees. Moreover, it might be mentioned in passing, the date the Trustees predict that the funds will run out of money has itself receded steadily, and ten years ago, they were saying 2029 not 2041.[27]
II.   THE BUSH PROPOSAL: PARTIAL PRIVATIZATION
Against this background -- with the federal budget already swimming in red ink and risky foreign ventures costing more than $300 billion on top of that (in purely financial terms) -- President George W. Bush decided to make privatization of Social Security a major priority or the foremost crusade of his second Administration. In his 2005 State of the Union address, President Bush did take care to reassure retirees and near-retirees that they need not be concerned over his proposed changes: "I have a message for every American who is 55 or older: Do not let anyone mislead you; for you, the Social Security system will not change in any way."[28] Strictly speaking, this may be true – but only if these seniors and soon-to-be-seniors rely on Social Security checks as their sole source of retirement income, are unconcerned about the state of the national economy, and are indifferent as to whether the safety net will be there for their children and grandchildren.
A. Bush Push for Private Accounts
In his 2005 Address, President Bush acknowledged the long lead times in the projections by the OASDI Trustees discussed above, but observed that 2018 and 2042 "are not so distant, as any parent will tell you." Even with the "60 Cities in 60 Days" tour by the President to highlight Social Security reform plans, the complete details of the Bush Administration legislative proposals are not yet available. But whether the objective is touted as "privatization" or "partial privatization" of Social Security, and whether the vehicles be termed "private" or "personal" accounts,[29] the basic elements and underlying motivations of the Bush plan seem abundantly clear.[30]

In essence, what President Bush proposes is to restructure our retirement system to allow workers under 55 to invest a portion of their payroll taxes in individual investment accounts in exchange for lower guaranteed future benefits. In other words, workers could invest in stocks and bonds funds in the hopes of greater earnings, but at the cost of reduced benefits and greater financial risks. Every dollar diverted into individual accounts plus interest at a rate of 3% after inflation would be deducted from guaranteed Social Security payments. "The way the program is structured, the person comes out ahead if their [sic] personal account exceeds a 3 percent real (after-inflation) rate of return," a "Senior Administration Official" has explained; "[s]o, basically, the net effect on an individual's benefits would be zero if his personal account earned a 3 percent real rate of return."[31]

Investments in Bush private accounts would be limited to 4% of wages from payroll taxes. In other words, the Bush plan would allow diversion into personal accounts of up to 4 percentage points or nearly two-thirds of the 6.2% of wages workers now pay in payroll taxes. Investments would be capped for the first year at $1,000 (thereafter to rise in increments of $100). The present proposal is to phase in the program over three years for workers in different age groups, beginning in 2009 for those born in 1965 and earlier. The accounts would be administered publicly through selected investment companies, and investment choices would be limited.

Basically, the Bush investment accounts would be modeled on the current Thrift Savings Plan (TSP) for federal workers. In that plan covered workers have five investment options, all mutual funds. Three are stock funds: one holding stocks of large United States companies; a second, stocks of small United States companies; and the third, international stocks. The remaining two choices are bonds funds: one with corporate bonds; and the other, Treasury bonds yielding the same interest rates as the special issue bonds currently associated with OASDI Trust Funds. As with the TSP, under the Bush plan all Social Security funds would be broadly diversified, and a worker could hold a mix of different funds. Beside the five types already mentioned, a sixth fund also is envisioned; in this new, sliding fund, the ratio of stocks to bonds would change as a worker got older, with the bond portion increasing and the stock portion decreasing. Beyond the technical details of account holdings, however, a fundamental difference between the Bush privatization proposal and the TSP is that the latter is a supplementary savings plan – an add-on to, not a substitute for, any portion of Social Security.[32]

Even with the Bush private accounts, retired workers and their dependents would continue to receive some traditional Social Security benefits, since the private accounts would represent only a percentage of retirement contributions. In the future, however, benefit levels from traditional Social Security would no longer be guaranteed in advance. Also, given the diversion of payroll taxes, the federal government would undoubtedly have to borrow extensively to pay benefits during a transitional period of phasing-in the personal accounts. Administration sources initially estimated this shortfall at about $750 billion, although most independent analysts place it considerably higher and perhaps over $2 trillion during the first decade, and the Center on Budget and Policy Priorities puts the figure at $4.9 trillion for the first 20 years.[33] Until very recently, Administration officials declined to address the touchy subject of possible benefit cuts for future retirees, to close the gap between receipts and payouts; the model on which the Bush proposal was based, however, would cut benefits by nearly 50% in real terms over the next 70 years.[34]

At a Press Conference on April 28, 2005, President Bush finally admitted that such benefits reductions were a prime ingredient of his Social Security Plan. Actually, during the televised conference, the President said cryptically that he was proposing "a Social Security system in the future where benefits for low-income workers will grow faster than benefits for people who are better off." A fact sheet issued by the White House explained, however, that the Bush proposal is "similar" to a "progressive indexing" approach developed by investment company executive Robert C. Pozen. Mr. Pozen proposed calculation of initial retirement benefits for the poorest workers (lowest 30%) on the basis of wage-indexing and for all others using price-indexing. According to calculations by the Chief Actuary of the Social Security Administration, under the Pozen model, "medium" income workers who earn average wages (about $36,500 in current dollars) all their working lives would suffer benefit cuts ranging from 16% for those retiring in 2045 rising to 28% for those retiring in 2075; "high" income workers earning 60% above average wages (about $58,400 in 2005) would face reductions ranging from 24% in 2045 to 42% in 2075; and "maximum" earners ($90,000 and above today) would see cuts from 29% in 2045 to 49% in 2075. Only "low" income workers (around $16,400 or less in 2005) would not see their benefits slashed compared with those under the present system.[35]

Workers would be prohibited from withdrawing money from, or borrowing from or against, their private accounts before they reach retirement age (except possibly in cases of disability -- although the circumstances of disabled workers, like those of spouses and survivors, have not been clarified). While not subject to invasion or burden by workers themselves, however, the accounts could be tapped into (often referred to as a "clawback") by the federal government. If in retirement the combined amount of traditional Social Security benefits plus private account payments would be less than required to remain above official poverty guidelines (currently $12,490 for a couple or $9,310 for a single person), the government would automatically take back a portion of the "private" money and convert it to an annuity.

President Bush has urged three main arguments in support of his proposed private accounts:
Here's why the personal accounts are a better deal. Your money will grow, over time, at a greater rate than anything the current system can deliver – and your account will provide money for retirement over and above the check you will receive from Social Security. In addition, you'll be able to pass along the money that accumulates in your personal account, if you wish, to your children and – or grandchildren. And best of all, the money in the account is yours, and the government can never take it away.

As will be discussed below, critics contest each of these points. But in any event, presumably the alleged virtues would apply only to retirees, since all but forgotten in this assessment is what private accounts might mean for the millions of Americans who rely on Social Security not as retired workers, but for spousal, survivor or disability benefits.[36]

A major clue as to who is really intended to benefit from the Bush plan may be found in the identity of its most enthusiastic supporters. The Securities Industry Association has spent nearly a decade promoting private Social Security accounts, and it is scarcely surprising to see that organization jump on the Bush bandwagon. Securities and investment firms have pledged to spend upwards of $70 million dollars waging aggressive and expensive advertising campaigns for privatization. Their lobbying efforts are largely being conducted behind such benevolent-sounding faηades as the Alliance for Worker Retirement Security (AWRS) and the Coalition for the Modernization and Protection of America's Social Security (COMPASS). Wall Street firms have also poured money into a number of other front groups lobbying toward the same ends, including conservative "think tanks" like the Cato Institute and the Heritage Foundation and a number of right-wing "527 groups" like the Club for Growth and Progress for America.[37]

B. Case Against the Bush Plan
Relying on the same basic sets of projections by the Social Security Trustees and the Congressional Budget Office as the Administration, opponents of the Bush proposals for privatizing Social Security insist that there is no immediate "crisis" and that the system is far from going "bankrupt." Certainly, there are defects that should be recognized and resolved before reaching critical stages. Whatever one thinks of the merits of private retirement accounts, however, the Bush proposals would exacerbate both the fiscal problems already facing Social Security and the sea of red ink in which the federal government is already immersed. Moreover, while there is surely merit in encouraging additional retirement savings, the personal accounts proposed by President Bush as a substitute for guaranteed Social Security benefits would undermine the ultimate safety net for American seniors. In sum, the argument is: "If it ain't broke, don't fix it – and don't break it either."

From the outset, some critics are highly suspicious of the motives behind the Bush plan for Social Security, particularly since the proposed "rescue" utterly fails to address the alleged crisis. Indeed, in the early years, the Bush plan would worsen the financial position of Social Security. During the transition, the diversion of payroll taxes into private accounts means at a minimum that, to maintain full benefits, the government will have to borrow as much as an additional $2 trillion -- mostly from sources in China and Japan.[38] For a country with a national debt already in excess of $7.8 trillion and a projected budget deficit for fiscal year 2006 expected again to near the $0.5 trillion range, that is hardly an encouraging prospect. In fact, the illogic of inaugurating such an expensive measure as diversion of payroll taxes to the private sector at this time seems so clear that many critics fear that President Bush knows exactly what he is doing: subverting -- not salvaging -- Social Security. In other words, critics charge, the President is using acknowledged future difficulties with the system as a guise for pushing his ideology of an "ownership society," itself a misnamed ruse for perpetuating extremist Republican control.[39]

Furthermore, the major argument by President Bush in his 2005 State of the Union Address (and elsewhere) in favor of private retirement accounts was "to make the system a better deal for younger workers." Yet it is the younger people in the workforce today who would be hardest hit by the proposal from both short- and long-term perspectives. The main objection to the Bush plan from the viewpoint of young adults is the inevitable future reduction of benefits. The only element of the Bush plan that would address projected deficits at all is a proposed switch from wage-indexing to price-indexing for calculating Social Security benefits. This revision would result in dramatic reductions in guaranteed benefits -- by as much as 50% in constant dollar terms for those entering the workforce today (and, of course, the benefits cuts will apply whether or not one chooses to invest in private accounts). Indeed, had price-indexing in force until now, the Congressional Research Service estimates that current retirees would be receiving up to 60% less in benefits.[40]

Even before their own benefits are reduced up to 49%, many more young people today are likely to end up having to support elderly relatives. The Social Security system is currently keeping nearly half of all seniors in the United States out of poverty. Furthermore, with the national debt already reaching stratospheric heights, one might ask what is another $2 trillion or so in transition costs. But it is the working men and women of today and tomorrow who will be forced to bear the consequences in terms of higher taxes, inflation, reduced government services, and then some. Then too, younger workers have voiced certain other objections to the Bush plan, including that it would introduce unacceptable risk into the Social Security retirement system, that it would render their retirement plans even more vulnerable in an age when corporate misconduct has proved rampant, and that it is murky at best as to the future of disability insurance. There have also been allegations of possible gender bias, since women still tend to have shorter work histories and lower salaries, and they would therefore have less money to put into personal accounts and be most adversely affected by proposed cuts in guaranteed benefits.[41]

Overall, the Bush partial privatization plan resembles a Trojan Horse, its superficial claimed merits masking highly destructive forces. The first selling point by the President -- regarding how his private accounts will provide retirement funds "over and above the check you will receive from Social Security" -- conveniently ignores the fact that guaranteed benefits will be reduced by as much as or more than the amount of the supplement. With regard to the second alleged attraction -- that workers may "pass along the money" to their children and grandchildren -- as already discussed, account holders may be required at retirement to purchase annuities (which, by their nature, terminate upon the death of annuitants); accordingly, to be assured of being able to pass on personal account funds, a worker should be sure to die before reaching retirement age. As to the last and most highly touted attraction about money in personal accounts -- that the government allegedly "can never take it away" – it ignores the "clawback" for annuities, the recoupment through taxes on Social Security income, and the circumstance that accruals from personal accounts would almost certainly be far outmatched by the reductions of guaranteed benefits under the Bush plan itself.

Another objection is administrative costs. The big winners with the Bush private accounts will be banks, brokerage houses and insurance companies. These financial institutions will enjoy large immediate gains from interest charges for financing the additional $2 trillion in federal borrowing for transition costs. Then there will, of course, be the matter of fees for the management of the private accounts themselves. In addition to administrative expenses incurred by the Social Security Administration, these financial institutions are expected to impose their typical administrative fees of around 2% plus a variety of other related charges (for example, for switching between various types of funds, leaving or reentering the workforce, purchasing annuities at retirement, etc.). Such costs will far exceed the 0.7% current administrative expenses for Social Security.[42]

While it was predictable that securities institutions would be the main proponents of the Bush private accounts, the opponents are more broad-based. AARP (formerly known as the American Association of Retired Persons) opposes the Bush plan, primarily due to the risk factor: "Private accounts can lose money just as fast as they can make it. And, unlike Social Security, you run the risk of outliving your savings and you lose the protection against inflation." The Alliance of Retired Americans (ARA), an AFL-CIO affiliate, has sent a "Social Security Truth Truck" loaded with petitions against privatization to the home districts of twenty Members of Congress in six states who may be influential in the upcoming floor battles. Since Social Security is especially important in keeping older women out of poverty, it is not surprising also to find the National Organization for Women (NOW) opposes the Bush proposed changes, as do the NAACP (National Association for the Advancement of Colored People) and other influential minority organizations.[43]

C. Political Calculus of Partial Privatization
Despite sinking poll numbers and growing skepticism on the subject by legislators,[44] Administration officials have continued unrelentingly to push the Bush partial privatization plan. White House Deputy Chief of Staff and political strategist Karl Rove recently insisted that "[t]he personal retirement account must be part of any action on Social Security." Achievement of this dictate seems unlikely, since Democrats in Congress are virtually unanimous in opposing the Bush proposals and they have been joined by some of their colleagues from across the aisle.

Except for Senator Ben Nelson of Nebraska, who says he has not made up his mind, every Democratic Senator is committed to opposing diversion of payroll taxes into private accounts. In the House of Representatives, the lone Democratic holdout is Allen Boyd of the Florida 2nd Congressional District. Moreover, some Republican Senators have expressed serious concerns about the Bush personal accounts. Senator Olympia Snowe (R – MD) has declared herself "certainly not going to support diverting $2 trillion from Social Security into creating personal savings accounts." Senator Lindsey Graham (R – SC) has called private accounts the "Achilles heel" of the Bush plan and charged that the accounts "are being oversold, and they will not come anywhere near being able to fix Social Security." [45] Five Republicans – Senators Snowe and Graham, joined by Susan Collins (R - ME), Mike DeWine (R - OH) and Arlen Specter (R - PA) -- joined the 44 Democrats and Independent James Jeffords (I - VT) in voting for a nonbinding "sense of the Senate" resolution, sponsored by Senator Bill Nelson (D - FL), stating that the Congress should reject any Social Security plan that would require "deep benefit cuts or a massive increase in debt."[46]

In the House of Representatives, Republican numbers are stronger, but there is a notable lack of enthusiasm for the Bush partial privatization plan. Republican House Members representing districts with high numbers of constituents dependent on Social Security, particularly on the Florida delegation, are balking or equivocating on personal accounts. Party stalwart Congresswoman Ginny Brown-Waite, who represents the Florida 5th Congressional District with the highest percentage of Social Security recipients (a quarter million strong, or nearly half of the voting age population), cannot bring herself to support Bush private accounts; "[t]he president has not done a great job in selling this plan," Ms. Brown-Waite admits, and ''[s]eniors are petrified that their Social Security that they've come to depend on . . . will be impacted in some way." Even Bush acolyte Katherine Harris, former Florida Secretary of State and current Congresswoman for the Florida 13th, promised voters during her 2004 campaign that she "do[es] not support the privatization of Social Security"; post-election, however, she is waffling somewhat, declaring herself "waiting to see more details about the president's plan" before she commits one way or the other. Clay Shaw (R -- FL 22nd), whose district also contains a high number of voters over age 65, has also openly differed from the Administration plan. A number of other Republicans – for example, Sherwood Boehlert (R -- NY 24th), Shelley Moore Capito (R -- WV 2nd), Jo Ann Emerson (R -- MO 8th), Candice Miller (R -- MI 10th), Joe Schwarz (R -- MI 7th), Rob Simmons (R -- CT 2nd), and C.W. Bill Young (R -- FL 10th) – have also intimated at least reservations about private accounts. On the Democratic side, to repeat, the only apparent possible defector who would consider diverting any portion of payroll taxes to private accounts seems to be Allen Boyd (D -- FL 2nd).[47]
III.   POLICY OPTIONS: SOLVENCY AND SECURITY
Only two basic strategies can compensate for projected shortfalls within the current Social Security system: either increase revenues or decrease costs. In each category there are several options. In addition, while undertaking a comprehensive review of Social Security, Congress may wish to address certain claimed present inequities. Beyond that, other proposed reforms are on the table, including private accounts, which would fundamentally alter Social Security as we know it. On the other hand, without such major revisions to the system, there may be other attractive ways to increase incentives for retirement savings.
A. Increase Social Security Revenues
For increasing Social Security system revenues, by far the most promising proposal at this time is to raise the contribution and benefit base or "cap" from the present $90,000. Several other proposals are, however, also under consideration at this time.
1. Raise the Contribution and Benefits Base ("Cap"). Raising the cap on maximum earnings subject to payroll taxes from the current $90,000 appears both politically and fiscally viable. In the 1983 Reagan era Social Security reforms, Congress set the contribution and benefit base to cover 90% of wages. But top earners today have a larger share of the income pie, and the portion subject to payroll taxes has fallen to about 85% of wages.

AARP favors returning to the 90% earnings level by raising the cap from $90,000 in 2005 to $140,000, phased in over a decade. This action alone would, according to AARP calculations, lower the projected Social Security shortfall by 43%. Senator Lindsey Graham (R – SC) has gone even further in this regard, proposing a raise to $160,000 (although along with a number of other revisions). Eliminating the cap and equalizing Social Security taxes so that all Americans paid the same rate would result in enough additional revenues to enable the system to pay full benefits at least until the 22nd century.[48]

Raising the cap is clearly the most popular, most fiscally sound and least socially disruptive solution to the problems of Social Security – at least for the next 75 years or so. Even President Bush has not ruled out this fix, claiming that he would "welcome any idea -- except running up the payroll tax rate."[49]

2. Raise the Payroll Tax Rate. On the other hand, the idea of raising the payroll tax rate beyond current 12.4% appears to be a political non-starter at this time. President Bush and leading Republicans have flatly rejected it, and no Democrat has come forward to favor a tax rate increase. The general consensus seems to be that with 12.4% already an all-time high, lifting the rate any higher would place unacceptable burdens on employees, employers, and the self-employed.[50]

3. Raise Taxes on Social Security Benefits. Since up to 85% of Social Security benefits may be subject to federal income tax, there is not much room for further adjustment of the ceiling, even were this idea to garner much political support. As things now stand, just the opposite is under consideration, and two bills currently pending in Congress would roll back the maximum tax rate raise from 85% set in 1993 legislation to the 50% level of a decade earlier.[51]

4. Extend Coverage to State and Local Government New Hires. Another step that would raise the revenue base would be to make Social Security universal. At present, about 30% of all state and local government employees are outside the system. Some experts have suggested that extending coverage to newly-hired state and local government employees could make up for as much as 10% of the projected shortfall. Considerations of fairness and equity also mediate in favor of universal participation. On the other hand, not only might the public employees object for fear of losing protections, but also some state and local governments might well balk at having to pay their resulting share of the payroll tax.[52]

5. Invest Trust Fund Assets in Indexed Funds. Even some opponents of Bush personal accounts have indicated they could support investment of some portion of the Social Security Trust Funds in stock market indexed funds. Most notably, AARP has suggested amending the law to allow the Trustees to invest up to 15% of reserves in broad index funds. Such limited investment would be a way of yielding higher returns, with minimal risk to the Trust Funds and no risk to individual workers. Apart from the prospect of considerably lower administrative costs, the OASDI Trustees could ride out market swings much better than individuals, who might have to retire during a market downswing. On the other hand, given the magnitude of the resources involved, the government could be put in the position of manipulating markets or being accused of doing so.[53]
B. Decrease Retirement Benefits
1. Substitute Price-Indexing for Wage-Indexing of Benefits. As discussed earlier, initial Social Security benefits are currently determined by a number of factors, including length of time worked, amount paid in, and general rise in average wages over time. As part of the Bush plan, the basis for calculation of initial benefits would be changed from a wage index to a consumer price index (CPI). Since prices generally rise more slowly than wages, switching to price-indexing (or, conceivably, developing some sort of blended index) would result in large benefits deductions for future retirees. Indeed, the Congressional Research Service has calculated that, had price-indexing been in effect since 1940, poverty rates among seniors would be three times what they are now – placing tremendous burdens on other public assistance programs and on younger generations who care about their parents and other relatives.[54]

2. Adjust COLAs. Social Security cost-of-living adjustments (COLA) are now calculated on the basis of price inflation (price-indexing). The Bureau of Labor Statistics has developed an alternative version of the CPI -- called the "chained" or "chain-weighted" index – whose use would result in slightly lower COLAS. Federal Reserve Chairman Alan Greenspan has recommended adoption of this new index as a cost-cutting measure.[55]

3. Raise Retirement Age. Senator Chuck Hagel (R – NE) has introduced a bill that, in addition to including a version of Bush personal accounts, would raise the Social Security retirement age from 67 to 68 in 2023. The early retirement age would remain 62.[56]
C. Address Perceived Inequities
In the context of revising Social Security, Congress may also wish to review certain existing inequities within or associated with the system. Ending discriminatory treatment may have adverse financial consequences, but such a step would at least serve the purposes of equal treatment and would cost a small fraction of the Bush proposals.
1. Eliminate Government Pension Offset (GPO) and Windfall Elimination Provisions (WEP). The Government Pension Offset (GPO) and the Windfall Elimination Provisions (WEP) were enacted two decades ago as part of the Reagan Social Security reforms. The GPO and WEP reduce and in some cases wipe out Social Security retirement benefits for federal, state and local civil service employees, and they are thus discriminatory in comparison with treatment of workers in the private sector. There are bills currently pending in both the Senate and the House of Representatives to correct this inequity by repealing the GPO and WEP.[57]

2. End Discrimination Against "Notch" Babies. While most Americans are now aware of the "babyboomer" challenge to the Social Security system, few know of the problem of the "Notch babies," persons born after 1917 but before 1922. As part of the 1977 Social Security Act Amendments, Congress "grandfathered," or retained the old benefit calculation formulas for persons born between 1911 and 1916, while actually reducing them for persons born in the period 1917 through 1921 (some say 1926). Accordingly, Notch babies are said to receive an average of 20% less in Social Security than persons born in 1916 or before or 1922 or thereafter. While some organizations (including AARP) have questioned whether reform is warranted or affordable, there is legislation pending in Congress to correct this discrimination against Notch babies.[58]

3. Remove "Marital Penalty" for Social Security Recipients. In recent years, Congress has eliminated many instances of the so-called "marriage penalty" disadvantaging married couples as compared to two single individuals. The marriage penalty remains, however, very much alive for Social Security recipients. As indicated earlier, the "base amount" beyond which income tax is assessed on Social Security benefits is $25,000 for singles and $32,000 for a married couple. Legislatively speaking this may be a "tax" as distinct from a "Social Security" issue, but however technically classified, it affects the fundamental fairness of the latter system.[59]
D. Revise Premises of the Social Security System
It is, to put it mildly, highly unusual for legislators to be so concerned about an alleged "crisis," not anticipated to change anything for at least another 35 years. Indeed, as discussed earlier, during the Reagan Administration nothing was done until Social Security was mere weeks from bankruptcy. Moreover, at present the projected shortfall for the next 75 years is smaller than the shortfalls covered by adjustments to the system in the 1950s, '60s, '70s, and '80s. It is also about one-third the size of the tax cuts enacted during the Bush Administration. Then too, the country is currently embroiled in extremely costly ventures in Iraq and Afghanistan to the tune of more than $300 billion, and we are faced with prodigious deficits and a national debt of unprecedented proportions. In the circumstances, it may seem surprising that the Bush Administration is urging fundamental changes to Social Security involving perhaps $2 trillion or more in transition costs. Nevertheless, these and other far-reaching revisions that would alter premises of the existing system are currently before Congress.
1. Substitute Bush Private Accounts. Even the Bush Administration cannot dispute that the personal accounts being promoted to the American public will do nothing to alleviate any financial problems for Social Security or its beneficiaries for the foreseeable future. Quite the contrary, such partial privatization will likely generate an additional $2 trillion in transition costs. This tremendous new burden will be added to the intergenerational transfers already imposed on young workers by a $7.8+ trillion national debt; and it will also increase the vulnerability of this country, since nearly 30% of that debt is held by foreign creditors (primarily from China and Japan). Indeed, the President has come close to acknowledging the disconnect between the problem purportedly addressed and his proposed solution. At least he "fully recognize[s] that the personal retirement account is not the only thing needed to solve Social Security permanently." In fact, this measure would have to be accompanied by huge cuts in guaranteed benefits to come anywhere near being fiscally manageable, a significant detail repeatedly omitted from the Bush sales pitch.[60]

2. Address Social Security in Context of Tax Reform. Also altering systemic assumptions, two proposals have been floated to address Social Security issues in the context of general tax reform. First, instead of getting rid of the estate tax entirely, as the Bush Administration advocates, the tax could be retained at the level set for 2009, when under current law only estates valued at $3.5 million or more ($7 million for a couple) will be taxed. Amounts equal to the proceeds could then be transferred to the OASI Trust Fund. Rep. David Obey (D – WI 7th) has introduced legislation to this effect, and AARP supports this approach.[61] And second, the Chairman of the House of Representatives Ways and Means Committee, Bill Thomas (R – CA 22nd), wants to impose a value added tax (VAT) on imports into the United States.[62] There is also, obviously, the option of dedicating a portion of general government revenues to Social Security.[63]
E. Promote Retirement Savings
While Social Security may not be in "crisis" in the traditional sense of imminently impending doom, there is little doubt that some adjustments need to be made. Meanwhile, the fact remains that the system was never intended to be the sole support of senior citizens, but rather to serve as an ultimate safety net. Since Americans are living longer and more active lives, Congress would do well to look beyond preserving the Social Security system to promoting additional retirement saving by the American public.
1. Allow Add-On Accounts. While many Democrats, Republicans and others adamantly object to the Bush proposal to allow diversion of payroll tax proceeds, this stance does not mean they necessarily oppose additional personal accounts financed by other means. Indeed, some Bush critics are promoting an alternative of "Social Security plus" accounts, which "add-on" (as distinct from Bush "carve-out") accounts could be mandatory or voluntary. These add-ons would differ both from the Bush proposal and from existing individual retirement accounts (§401[k] plans and IRAs): on the one hand, unlike the Bush personal accounts, they would be funded by additional assessments or voluntary contributions, rather than by diversion of FICA taxes; on the other hand, as distinct from current tax incentive plans for workers in the private sector, they would be run through the Social Security Administration or other government apparatus. Proponents argue that add-ons would afford account holders the advantages of additional investment expertise, larger risk pools and lower administrative costs.

In March 2005, 43 Democratic Senators (all but Ben Nelson of Nebraska) and the Independent (Senator Jeffords) sent a letter to President Bush opposing carve-out accounts, but indicating openness to negotiation on add-ons that "would be established entirely separate and apart from Social Security." Congressman Clay Shaw Jr. (R – Florida 22nd) has introduced a bill featuring a variant of this idea (called "Social Security Guarantee Accounts"), and Senator Orrin Hatch (R -- Utah) has come forward with another plan (featuring "Personal Unlimited Retirement Security" or "PURSE" accounts) with dollar-for-dollar matching by the federal government. Not a new notion, a variation of add-on accounts was proposed several years ago by President Bill Clinton and later endorsed by Vice President and candidate Al Gore during his 2000 Presidential campaign. Versions of the idea have won endorsement from as diverse quarters as AARP and Federal Reserve Board Governor Edward Gramlich.[64]

2. Cease Looting Social Security Trust Funds ("Lockbox"). Finally, the federal government may take action to get its own house in order – to cease mortgaging the future and to restore federal fiscal responsibility. In more formal terms, the goal would be not only to reduce unified deficits (although such measure would be a major improvement over current fiscal practices), but also to balance annual on-budget accounts. More bluntly put, cease looting Social Security reserves for ongoing government programs, and stop using committed Social Security surpluses to justify tax cuts or spending increases for normal government operations. If the reserves were instead used to redeem outstanding debt, there would be less debt burden for the government and future workers when the Social Security system stops running surpluses and begins relying on the trust funds (around 2018, not 2041 or 2042). This proposal is a variation of the "lockbox" proposal; and however fictional the notion of a repository for largely illusory "trust funds," the concept is useful in promoting fiscal integrity.[65]
IV. RECOMMENDATIONS: RETIREMENT SECURITY
Certain policy recommendations flow naturally from all of the foregoing:
First, on the negative side, what Congress should not do seems abundantly clear – above all, do no harm. The country cannot afford the Bush partial privatization plan at this time. Whether the accounts be called "private," "personal" or some more flowery name, it all comes to the same end: diversion of payroll tax revenues away from the Social Security system. All parties -- the Administration and its critics -- have acknowledged that such diversion would result in at least an additional $1 trillion (and more likely $2 trillion) in deficit financing, at a time when the national debt has already escalated to more than $7.8 trillion. Younger workers and their families are already being swamped by future debt servicing obligations. They may be overwhelmed -- even without the prospect of having to support older relatives and loved ones, and ultimately themselves, in the face of increased retirement savings risks and drastic reductions in guaranteed Social Security benefits. In short, one thing that is certain is that the Bush proposal would exacerbate the specific problem that the President purports to be addressing. Whether or not one supports the overall concept of an "ownership society," it is in this case being presented in a false guise.

Second, several theoretical options appear to lack political viability, as may as well be recognized sooner rather than later. If both President Bush and AARP oppose an idea, time and energy would probably be better spent exploring more promising alternatives. From this perspective, proposals to raise the payroll tax rate or to up the retirement age beyond 67 are most likely political non-starters. Nor, due to the strong Administration resistance and with a national debt already exceeding $7.8 trillion, does it seem realistic to expect that Congress will commit general or estate tax revenues to the Social Security Trust Funds in the near future. Further, if the general public begins to comprehend certain heretofore obscured aspects of the Bush partial privatization proposal – in particular, the drastic cuts in guaranteed benefits that would be accomplished through switching from wage-indexing to price-indexing or adjusting the means of calculating cost-of-living increases – is it likely that Members of Congress up for reelection in the foreseeable future will want to embrace them and face the ire of the voters?

Third, as to what to do, eliminating the impractical leaves a limited range of plausible recommendations at this juncture. Raising the "cap" to increase the tax base is at the top of the list. Bringing the remaining state and local government employees into the system would also be a great help, at least for the next few decades. The idea of allowing the OASDI Trustees to place a portion of Social Security reserves (perhaps 15%) in indexed funds may also be worth exploring; very careful consideration will have to be devoted, however, to the possible ramifications of such massive government intervention in private markets. Finally, on other grounds, Congress should at least take a renewed look at the perceived inequities, including the issues of the Government Pension Offset and Windfall Elimination Provision, the Notch babies, and the marital penalty for Social Security beneficiaries. In sum, Congress should praise Social Security, not bury it or condemn it to a lingering demise.

The crucial point remains that the Social Security system is keeping half of our current seniors out of poverty, and this ultimate security net should be available for their children and grandchildren. Actuarial estimates indicate that previous Administrations and Congresses may not have provided sufficiently for the deluge of baby boomer retirements, and the federal government has itself undermined the system by repeatedly raiding the surpluses. But unlike the crisis facing the Reagan Administration with Social Security on the brink of disaster, all sources agree that the current Social Security system should be able to continue to pay full current law benefits until at least 2041 and 70% of benefits for decades thereafter. Moreover, even modest adjustments (particularly raising the cap) should preserve solvency for Social Security for at least another 75 years. Congress can and should act with all deliberate speed to make the changes necessary to keep the system not only solvent, but also fair and secure. In the end, one comes back to the rationale stated by President Franklin Roosevelt on signing the original Social Security Act: We can never insure one hundred percent of the population against one hundred percent of the hazards and vicissitudes of life, but we have tried to frame a law which will give some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age.[66]

*Jan Schneider is a summa cum laude graduate of Brown University, with an MIA from the Columbia University School of Public and International Affairs, a JD from Yale Law School and an M.Phil. and a Ph.D. (Political Science) from Yale University. In addition to being a longtime legal practitioner, she has taught in law school, served as an international civil servant and written two books and dozens of articles on legal subjects. Ms. Schneider ran against former Florida Secretary of State Katherine Harris for the United States House of Representatives in the Florida 13th Congressional District. The views expressed herein are solely her own and do not necessarily represent those of any organization, political party or other group.

Footnotes
[1] See Security Act of 1935 (originally known as the Economic Security Act of 1935 or Act of August 14, 1935), Pub. L. No. 74-271, 49 Stat. 620 (codified as amended at 42 U.S.C. §§301–1399 [2000]). Title II of the Social Security Act, 42 U.S.C. § 401 et seq., deals with Federal Old-Age, Survivors and Disability Insurance (OASDI). The original Social Security Act provided for old-age assistance and retirement benefits for workers, in addition to various other New Deal programs. In 1939, Congress passed far-reaching amendments, increasing benefits and extending them to surviving spouses and minor children of retired workers. Additional changes in the 1950s added disability benefits and provided for the first cost-of-living (COLA) increase since 1940. In 1972, the law was changed to provide a COLA each year (starting in 1975). In total, there have been more than twenty sets of amendments to the Social Security Act. See generally Social Security Online, Legislative History, http://www.ssa.gov/history/law.html. For discussion of some more recent revisions, see note 16 infra. Social Security Administration (SSA) regulations are found in 20 C.F.R. Part 404.

[2] The Social Security Administration (SSA) was originally the Social Security Board (SSB). In 1939, the SSB lost its independent agency status and became part of a new sub-cabinet level Federal Security Agency (FSA). In 1946, the SSB was renamed the SSA; and in 1953, the FSA was abolished and a new Department of Health, Education and Welfare (HEW) created. In 1979, HEW was redesignated the Department of Health and Human Services (HHS), which is where the SSA resided until 1994. In 1994, SSA was returned to its original status as an independent federal agency. See Social Security Independence and Program Improvements Act of 1994, Pub. L. 103-296 (Aug. 15, 1994). See generally Social Security Online, SSA History, http://www.ssa.gov/history/orghist.html.

[3] Actually, the Social Security Administration is responsible for two main programs that provide benefits based on disability. Only one, DI (sometimes abbreviated SSDI), supra, is financed by Social Security taxes paid by workers, employers and self-employed persons. The other, which is called Supplemental Security Income (SSI), is financed through general federal revenues (and is not of immediate interest here). Also, the SSA administers four trust funds. In addition to OASI and DI, they include the Hospital Insurance Trust Fund (HI) and the Supplementary Medical Insurance Trust Fund SMI), the latter two comprising the Medicare program.

[4] The 2005 OASDI Trustees Annual Report (Mar. 23, 2005) gives benefit statistics through December 2004. The 2005 OASDI Trustees Report is found at http://www.ssa.gov/OACT/TR/TR05/, and previous versions can be accessed at http://www.ssa.gov/OACT/TR/index.html. In 2003, Social Security took in $631.9 billion and had expenditures of $479.1 billion (including $470.8 billion for benefits), resulting in a surplus of $152.8 billion and total assets at the end of the year of $1,530.8 billion (i.e., more than $1.5 trillion). See 2004 OASDI Trustees Annual Report (Mar. 23, 2004), http://www.ssa.gov/OACT/TR/TR04/. Unfortunately, the Social Security surpluses are rarely reported separately, but are instead typically lumped in with general revenues to conceal the full extent of current budget deficits. See note 14 infra.

[5] In 2003, Social Security paid benefits of $470.7 billion to 47.0 million recipients. See SSA, Social Security Basic Facts (Mar. 23, 2005), http://www.ssa.gov/pressoffice/basicfact.htm; Social Security Beneficiary Statistics (Updated Dec. 20, 2004), http://www.ssa.gov/OACT/STATS/OASDIbenies.html; Fast Facts & Figures About Social Security, 2004 (Released Aug. 2004), http://www.ssa.gov/policy/docs/chartbooks/fast_facts/2004/. See also 2005 & 2004 OASDI Trustees Reports, supra note 4.

[6] The age for full Social Security retirement benefits was 65 for everyone, and for those born in 1937 or before it has remained unchanged. The Social Security Act Amendments of 1983, Pub. L. 98-21 (Apr. 20, 1983), however, phased in a gradual increase beginning in 2000, from age 65 to 67 over a 22-year period. For the definition of full retirement age, see 42 U.S.C. §416(l)(1). In sum, for people born in 1938 through 1942, the full retirement age rises by two-month intervals from 65 to 65-and-10-months; for those born in 1943 through 1954, it holds steady at 66; and then for birth years 1954 through 1959, it rises by two-month intervals to 66 years-and-10-months; and for 1960 and beyond, it is 67. For a presentation of "What Is Full Retirement Age?" in tabular form, see 42 C.F.R. §405/409. The early retirement age was left at 62. See 42 U.S.C. §416(l)(2).

[7] Of the $501.6 billion in total Social Security expenditures in 2004, $493.3 billion was paid out in OASDI benefits (again, $415.0 billion for OASI and $78.2 billion for DI benefits), $3.8 billion went to a Railroad Retirement financial interchange for both types of benefits, and $4.5 billion went for administrative costs. Since total OASDI income for 2004 was $657.7 billion, administrative expenses represented less than 0.7% of total income and less than 0.9% of total expenditures. See 2005 OASDI Trustees Report.

[8] Social Security benefits are paid on a monthly basis. In February 2005, of total OASDI payments to 47.9 million people, 39.9 million people or 83.3% received OASI benefits (33.2 million for retirement and 6.7 million survivors) and 8.0 million or 16.7% got DI benefits. Of $41.9 billion in OASDI benefits, $35.8 billion or 85.4% went for OASI ($30.3 billion and $5.5 billion) and $6.1 billion or 14,6% for DI. Average OASDI monthly benefits were $897 for OASI ($913 and $821) and $755 for DI. See OASDI Monthly Statistics, February 2005 (released Mar. 2005), http://www.ssa.gov/policy/docs/statcomps/oasdi_monthly/ - toc. See also Center on Budget and Policy Priorities, Social Security Lifts 13 Million Seniors Out of Poverty (Arloc Sherman & Isaac Shapiro, Feb. 24, 2005), http://www.cbpp.org/2-24-05socsec.htm.

[9] In 2003, of a total population of around 291 million, 15.8% received Social Security benefits, and the figure was 90.8% for people age 65 or older. California (with Senators Dianne Feinstein – D and Barbara Boxer -- D) had the highest number of Social Security beneficiaries, 4,363,057, receiving a total of approximately $3.71 billion. Florida (Senators Bill Nelson – D & Mel Martinez – R) had 3,330,425 beneficiaries receiving about $2.83 billion. New York (Charles Schumer – D & Hillary Clinton – D) was a close third, with 3,035,697 beneficiaries receiving $2.71 billion, followed by Texas (Kay Bailey Hutchison – R & John Cornyn – R) with 2,792,148 recipients receiving $2.26 billion; and Pennsylvania (Arlen Specter – R & Rick Santorum – R) with 2,386,426 beneficiaries receiving $2.09 billion.

[10] According to the most recent available rankings, the top ten Congressional districts in terms of total numbers of Social Security beneficiaries are the Florida 5th (Representative Ginny Brown-Waite -- R) with 250,771 recipients, Florida 19th (Robert Wexler – D) with 184,624 recipients, Florida 13th (Katherine Harris – R) with 182,035, Florida 14th (Connie Mack – R) with 181,094, Florida 16th (Mark Foley – R) with 178,715, Arizona 2d (Trent Franks – R) with 167,294, Montana A-L ( Dennis R. Rehberg – R) with 163,655, Michigan 1st (Bart Stupak – D) with 163,632, Virginia 9th (Rick Boucher – D) with 162,005 and Florida 15th (Dave Weldon – R) with 160,986. Sorting Congressional districts by Social Security beneficiaries as a percentage of the total voting age population, the top 10 are the FL 5th with 47.0%, FL 19th with 34.7%, FL 16th with 33.8%, FL 13th with 33.6%, FL 14th with 33.4%, AZ 2nd with 32.7%, Florida 15th (Dave Weldon – R) with 30.6%, MI 1st with 30.5%, North Carolina 11th (Charles H. Taylor – R) with 29.4% and VA 9th with 29.2%. The ten oldest Congressional districts, with the highest percentages of the total population over age 65, are the FL 19th with 29.7% over 65, FL 13th with 28.6%, FL 14th with 27.3%, FL 5th with 25.7%, FL 16th with 25.5%, FL 10th (C.W. Bill Young – R) with 23.5%, FL 22nd (Clay Shaw – R) with 20.8%, AZ 2nd with 20.5%, FL 9th (Mike Bilirakis – R) with 20.5%, and FL 15th with 20.2%.

[11] In December 2003, of all adults receiving monthly Social Security benefits, 57% were women and 43% were men. See Facts & Figures About Social Security, 2004, http://www.ssa.gov/docs/chartbooks/fast_facts/2004/ff2004.html. With regard to private pensions, in 2002, fewer than half of all workers had them through employers, 44% of women compared with 45% of men. See Economic Policy Institute, Social Security Facts At a Glance (updated Feb. 2005), http://www.epinet.org/content.cfm/issueguide_socialsecurityfacts. On life expectancies by gender, see note 19 infra.

[12] In 2004, payroll taxes accounted for 84.1% of OASDI Trust Funds income. Another 13.5% was from interest earned. In 2004, the combined trust fund assets earned interest at an effective annual rate of 5.7% (down from 6.0 in 2003), with the OASI Trust Fund credited with $79.0 billion in interest and the DI Trust Fund $10.0 billion. The remaining 2.4% of OASDI income came from subjecting up to 50% of Social Security benefits above a certain level to federal income taxation. See 2005 OASDI Trustees Report.

[13] Social Security payroll taxes are collected under authority of the Federal Insurance Contributions Act (FICA). In the original 1935 law, supra note 1, the benefit provisions were in Title II of the Act and the taxing provisions were in Title VIII. In 1939, however, the Title VIII taxing provisions were taken out of the Social Security Act and placed in the Internal Revenue Code. See Social Security Act Amendments of 1939, Pub. L. 76-379 (Aug. 10, 1939). Since it would make no sense to call this new section of the tax code "Title VIII" (which it was not), it was renamed the "Federal Insurance Contributions Act" – hence FICA taxes.

[14] The earnings subject to payroll tax – also known as the "contribution and benefit base," "taxable maximum" or "earnings limit" – were originally capped at $3,000. The cap rose in increments to $4,200 for 1955-56, $4,800 for 1963-65, $14,100 for 1975, $39,600 for 1985, and $61,200 for 1995. From $87,000 in 2003, it went up to $87,900 for 2004 and $90,000 for 2005. See 2005 OASDI Trustees Report.

[15] Until 1984, Social Security benefits were not subject to taxation. When the income tax was first imposed in 1983 (effective as of 1984) during the Administration of President Ronald Reagan, it applied to taxpayers with combined income (total of adjusted gross income, interest on tax-exempt bonds, and 50% of Social Security benefits and Tier I Railroad Retirement Benefits) above specified amounts depending on marital status. The thresholds were fixed at $25,000 for an individual or married person filing and living separately, $32,000 for a married couple filing a joint return, and zero for a married person filing separately. The amount of benefits subject to income tax was the lesser of 50% of benefits or 50% of the excess of the combined income over the threshold amount. See Social Security Act Amendments of 1983, supra note 6. As a result of amendments introduced in 1993 during the Administration of President William J. Clinton, up to 85% of Social Security benefits may be taxable if the total of other income plus 50% of benefits exceeds a secondary threshold amount of $34,000 for singles or $44,000 for joint filers. See Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66 (Aug. 10, 1993) (codified at 26 U.S.C. §86). On the other hand, President Clinton also signed legislation repealing the limitation on the amount of outside income (earnings test) OASDI beneficiaries who have attained retirement age may earn without reduction of benefits. See Senior Citizens' Freedom to Work Act of 2000, Pub. L. 106-182 (Apr. 7, 2000); see also Senior Citizens' Right to Work Act of 1996, Pub. L. 104-121 (Mar. 29, 1996) (increasing allowable earnings after retirement age).

[16] Furthermore, while the handling of Social Security trust funds has remained largely consistent, accounting practices have changed – and are hardly a matter of clarity. Beginning in 1969, during the Administration of President Lyndon Johnson, Social Security revenues and expenditures were lumped together with all other government transactions as part of "unified budget accounting," often described as putting them "on-budget." But if Social Security is considered part of the overall federal budget, it may be hard to understand how there can be a Social Security crisis separate and apart from a general fiscal crisis. Also, lumping in Social Security trust funds (which are still running huge annual surpluses, but which are committed in the future) with general revenues disguises the full extent of burgeoning federal deficits. Consequently, Social Security was supposedly returned to "off budget" status -- at least three times since the early 1980s. See Social Security Act Amendments of 1983, Pub. L. 98-21 (Apr. 20, 1983); Gramm-Rudman-Hollings Balanced Budget and Emergency Deficit Control Act of 1985, Pub. L. 99-177 (Dec. 12, 1985); and Budget Enforcement Act of 1990, P.L. 101-508 (Nov. 5, 1990). Accordingly, official budget documents do display Social Security (and Postal Service) financial flows separately from general revenues, and there have been some procedural changes in how Congress deals with budget-related bills and Social Security legislation. Nevertheless, both the Congressional Budget Office (CBO) and the Office of Management and Budget (OMB) continue to emphasize aggregate budget totals including Social Security, thereby obscuring even the theoretical role of the trust funds. But whatever the inconsistencies in theory or practice between "unified budget" and "trust fund" accounting models, the bottom line remains that, over the past 20 years, the federal government has appropriated $1.6 trillion of Social Security surplus for general government operations.

[17] Privatization in Chile, enacted under the dictatorship of Augusto Pinochet in 1981, was recently hailed by President Bush as "a great example" for Social Security reform in the United States. Many leading Chilean experts, however, insist that the private system provides only for the interests of those at top income levels, and that by far its main beneficiaries have been the companies reaping an average return of as much as 50% or more on managed assets. In general, partially privatized pension systems, -- not only in Chile, but also in the United Kingdom, Poland, and elsewhere -- have yielded disappointing returns and suffered disproportionately high administrative costs. Significant portions of the workforces in the countries involved have chosen to opt out of such systems. Also, their governments have had to continue diverting billions of dollars into a safety net for workers whose monthly contributions were not large enough to fund minimum pensions. See generally Social Security Online, Social Security in Other Countries, http://www.ssa.gov/international/links.html. See also, e.g., Waldo Proffitt, Britain's Privatization Disaster, Sarasota Herald-Trib., Jan. 23, 2005, http://www.manateeheraldtribune.com/apps/pbcs.dll/article?"AID=/20050123/COLUMNIST43/501230726/0/COLUMNIST39.

[18] See Vice President Al Gore, First Gore-Bush Presidential Debate (Oct. 3, 2000), http://www.debates.org/pages/trans2000a.htm. See also President George W. Bush, Radio Address of February 3, 2001, http://www.whitehouse.gov/news/radio/20010203.htm; 2001 State of the Union (Feb. 27, 2001), http://www.whitehouse.gov/news/releases/2001/02/20010228.html. In 1998, President Bill Clinton had proposed to "reserve 100 percent of the surplus -- that's every penny of any surplus -- until we have taken all the necessary measures to strengthen the Social Security system for the 21st century." See President William J. Clinton, 1998 State of the Union ( Jan. 27, 1998), http://www.clintonfoundation.org/sp-1998-state-union.htm. For admission of diversion of the trust funds, see George Bush, President's Press Conference (Mar. 16, 2005), http://www.whitehouse.gov/news/releases/2005/03/20050316-3.html.

[19] See 2005 OASDI Trustees Report. More specifically, historical data shows that the number of covered workers for each OASDI beneficiary declined from 41.9 in 1945, to 16.5 in 1950, to 8.6 in 1955. It was down to 5.1 in 1960, 4.0 in 1965 and 3.7 in 1970. From 1975 through 2003, the figure hovered between 3.2 and 3.4, and it remained at 3.3 for 2004. Under an intermediate scenario, the Social Security Trustees project that it will be down to 2.0 by 2030 and 1.9 by 2080; their low-cost scenario puts the figure at 2.4 for both 2030 and 2080; and their high-cost scenario projects 2.0 and 1.4 for the same dates. The central point, however, remains that the workers-to-beneficiaries ratio is declining, and it may well be down to 2:1 by the time the youngest workers today qualify for retirement benefits. As far as life expectancies are concerned: in 1945, they were 62.9 years for males and 68.4 for females at birth, and 12.6 and 14.4 years for males and females respectively at age 65; in 2004, the figures were 74.6 and 79.6 for males and females at birth, and 16.2 and 19.0 at age 65.

[20] The "babyboomer" generation is generally defined as Americans born between 1946 and 1964. Seventy-six million strong, babyboomers represent the largest single sustained population spurt in United States history. The total fertility rate (TFR) is defined as the average number of babies born to women during their reproductive years, with a TFR of 2.1 considered the replacement rate. After World War II, the TFR in the United States began to rise dramatically. The TFR went up to an average of 3 children per woman during the late 1940s, peaked at nearly 3.6 in the late 1950s and remained at almost 3.5 in the early 1960s. Thereafter, it declined sharply. The rate fell below 3.0 in 1965, stayed around 2.5 in the late 1960s, and then dropped down to about 1.8 by the mid-1970s. Since then, it has gone up again and now hovers around 2.0. See 2005 OASDI Trustees Report; see also Barbara Downs, Fertility of American Women (U.S. Census Bureau, issued Oct. 2003), http://www.census.gov/prod/2003pubs/p20-548.pdf. The 2000 census showed nearly 35 million people in the United States age 65 and older; the current estimate is about 37 million; and by 2010, this number is projected to increase to more than 40 million. The first baby boomers will reach 65 in 2011, and thereafter the over-65 population is expected to escalate precipitously to more than 55 million in 2020 and 71 million in 2030. After that, there should be a slowdown in growth, resulting in projected totals of around 80 million in 2040 and nearly 86 million in 2050. See U.S. Census Bureau, U.S. Interim Projections by Age, Sex, Race, and Hispanic Origin, http://www.census.gov/ipc/www/usinterimproj (released Mar. 18, 2004).

[21] By law, the Social Security Trustees are required make short-range and long-range projections for the OASI and DI Trust Funds, respectively extending 10 years and 75 years into the future. This process entails making actuarial estimates about economic growth, demographic characteristics, life expectancies, fertility rates, immigration and other relevant factors. The projections, using low-cost, intermediate and high-cost sets of assumptions, are set forth each year in an annual report. See note 4 supra. At present, the short-term projections show the Trust Funds with a ratio of 100 percent or more (that is, assets at the beginning of each year at least equal to anticipated outgo) and are therefore not alarming. What policy makers are focusing on is the 75-year projections, and the President, Congress and the media typically refer only to the middle projection.

[22] See 2004 & 2005 OASDI Trustees Reports. Due to the nature of the Social Security "trust funds," containing special, non-marketable bonds, the redemption process will require a flow of cash from general funds of the United States Treasury. Accordingly, despite the actuarial soundness of the system, pressures will be felt on the federal budget well before 2042/41. See also note 16 supra.

[23] See Congressional Budget Office, Outlook for Social Security (June 2004), http://www.cbo.gov/showdoc.cfm?index=5530&sequence=0; see also Congressional Budget Office, Updated Long-Term Projections for Social Security (Mar. 2005), http://www.cbo.gov/showdoc.cfm?index=6064&sequence=0. In Outlook, the CBO explained the differences from the projections by the Trustees as resulting "from different economic assumptions and methods of analysis." "For example," the CBO added, "a small difference in the assumed long-term real interest rate (which is used as the discount rate in calculations of present value) accounts for one-fifth of the difference between the two estimates."

[24] For a long time, the Social Security system was in fiscally much less sound shape than in recent years. For most years between 1957 and 1965, its expenditures exceeded receipts. Consequently, at the beginning of 1966 assets in the OASDI Trust Funds failed to cover even scheduled payouts for that year. Over the next nine years, however, as a result of amendments to benefits and receipts formulas, annual balances remained slightly positive. Nevertheless, the fixes proved insufficient, and starting in 1975, Social Security again ran annual deficits. By the beginning of 1982 accumulated assets covered less than two months of expected payouts for that year. The 1942-1994 Trust Fund Reports have been converted into electronic form and are now available online at http://www.ssa.gov/history/reports/trust/trustyears.html.

[25] The 1983 National Commission on Social Security Reform was chaired by none other than now-Federal Reserve Chairman Alan Greenspan. In addition to prominent Republican Senators Bob Dole and John Heinz, Democratic Senator Daniel Patrick Moynihan and Congressman Claude Pepper, along with long-time Social Security pioneer and former Commissioner Robert M. Ball, were among the 15 members (eight Republicans and seven Democrats). For other balance, the group also included the Presidents both of the AFL-CIO and the National Association of Manufacturers, respectively Lane Kirkland and Alexander B. Trowbridge. The Greenspan Commission Report (Jan. 1983) is found at http://www.ssa.gov/history/reports/gspan.html.

[26] More specifically, the 1983 Social Security Act Amendments, Pub. L. 98-21, supra note 15, delayed cost-of-living increases scheduled for July 1983 for six months and provided that COLAs would thereafter take effect each January. On the other hand, the payroll tax rate increase scheduled for 1985 was accelerated to 1984 instead, and part of the 1990 increase was moved back to go into effect in 1988. Also, the self-employment tax rate, which 1977 law would have increased to 75% of combined employer and employee FICA contributions, was raised to 100%. Many additional categories of employees were brought under Social Security, including the President, members of Congress, federal judges, civilian federal employees hired on or after January 1, 1984, some state and local government employees, and employees of tax-exempt nonprofit organizations. The retirement age was increased incrementally from 65 to 67, and early retirement benefits were trimmed from 80% of full benefits in 1983 to 75% in 2009 and 70% in 2027. See note 6 supra.

[27] See 1995 OASDI Trustees Report, http://www.ssa.gov/history/reports/trust/1995/trtoc.html. In 1995, the Trustees put the date at 2030, and it gradually crept back to 2042 in 2004. Compare 2004 & 2005 OASDI Trustees Reports.

[28] See State of the Union Address (Feb. 2, 2005), http://www.whitehouse.gov/news/releases/2005/02/20050202-11.html. The Democratic Response to State of the Union (Feb. 2, 2005) is found, among other places, at http://www.washingtonpost.com/wp-dyn/articles/A58998-2005Feb2.html.

[29] For quite some time, Administration officials, the media and practically everyone else who discussed the subject described the Bush Social Security plan as "partial privatization" and the accounts as "private accounts." Then some focus groups reportedly showed that people, especially seniors, react negatively to any connection between Social Security and the word "private." So the Administration and Republicans in Congress began insisting on talking about setting up "personal" accounts. See also Robin Toner, It's ‘Private' vs. ‘Personal' in Social Security Debate, N.Y. Times, Mar. 22, 2005, at A16, http://www.nytimes.com/2005/03/22/politics/22social.html; Molly Ivins, Flip-Flopping on Social Security Linguistics, Alternet, Jan. 27, 2005, http://www.alternet.org/story/21111.

[30] See State of the Union 2005, supra note 28. While the address by President Bush dealt with Social Security only at a high level of abstraction, some additional details were provided in a White House background press briefing (attributed to a "Senior Administration Official") the following morning. See White House Press Conference on Social Security, Feb. 3, 2005, transcript published at N.Y. Times, http://www.nytimes.com/2005/02/03/politics/03social-txt.html?ex=1117252800&en=99f2e9119fc8c9b3&ei=5070. See also White House, Strengthening Social Security for Future Generations, http://www.whitehouse.gov/infocus/social-security/.

[31] It follows that, if a worker set aside $1,000 a year for 40 years and averaged 4% over inflation annually on investments, his or her personal account would grow to approximately $99,800 in current dollars. When the worker reached retirement age, however, guaranteed Social Security benefits would be reduced by about $78,700 -- the amount diverted from the system plus 3% interest above inflation. The remainder, $21,100, would be the increase in retirement benefits the worker would receive over a lifetime above what would have been provided by traditional Social Security. Social Security Administration actuaries, in estimating benefits under a partially privatized system, have calculated an expected ultimate average yield for personal accounts of 4.6% over inflation, which yield would result in gains being offset by reductions in guaranteed benefits equal to 70% percent of account balances. See Memorandum from Stephen C. Goss, Chief Actuary & Alice H. Wade, Deputy Chief Actuary, to Daniel Patrick Moynihan & Richard D. Parsons, Co-Chairs of the President's Commission to Strengthen Social Security, Estimates of Financial Effects for Three Models Developed by the President's Commission to Strengthen Social Security (Jan. 31, 2002), http://www.ssa.gov/OACT/solvency/PresComm_20020131.html. The Congressional Budget Office, however, projects only a 3.3% real rate of return (less 0.3% due to administrative costs), which would result in a dollar-for-dollar, 100% reduction or zero net gain.[31] See Congressional Budget Office, Long-Term Analysis of Plan 2 of the President's Commission to Strengthen Social Security (July 21, 2004, updated Sept. 30, 2004), http://www.cbo.gov/showdoc.cfm?index=5666&sequence=0. Obviously, average annual investment earnings of less than 3% above inflation would render a worker worse off than traditional Social Security. For the Administration explanation of the benefits offset, see White House Press Conference, Feb. 3, 2005, supra note 30, at 8, http://www.nytimes.com/2005/02/03/politics/03social-txt.html?pagewanted=8&ei=5070&en=f3f09da9e33760fa&ex=1117166400.

[32] For most federal employees, the Thrift Savings Plan is one level of a three-tiered system of retirement income, the other two being traditional Social Security and government pension benefits. Accordingly, the TSP gives federal workers a plan that mirrors 401(k) plans in the private sector. Like its private counterpart, the TSP contributions are separate from and in addition to Social Security. On the TSP, see http://www.tsp.gov/.

[33] See Strengthening Social Security for the 21st Century (White House Background Press Briefing, Feb. 2, 2005), http://www.whitehouse.gov/infocus/social-security/200501/strengthening-socialsecurity.html ("Office of Management and Budget estimates that the President's personal retirement account proposal will require transition financing of $664 billion over the next ten years [$754 billion including interest]"); Insider Info On the Push for Social Security Reform (OMB Watch, Jan. 6, 2005), http://www.ombwatch.org/article/blogs/entry/402/ (Quoting memo from senior Bush Administration official Peter Wehner stating that Administration might have to "borrow $ 1-2 trillion to cover transition costs for personal savings accounts"); Mary Beth Franklin, Retire in Style (Kiplinger, Mar. 2005), http://kip2.kiplinger.com/magazine/archives/2005/03/retirefull.html (Reporting on estimate that "diverting taxes to private savings accounts would require the federal government to borrow $2 trillion or more over a period of ten years to fund promised benefits"); Jeanne Sahadi, Bush's Plan for Social Security (CNN/Money, Mar. 5, 2005), http://money.cnn.com/2005/02/02/retirement/stofunion_socsec/ (Transition costs of diverting payroll taxes to individual investment accounts "have been estimated at around $2 trillion over the next 10 years"); Jason Furman & Robert Greenstein, An Overview of Issues Raised by the Administration's Social Security Plan (Center on Budget and Policy Priorities, Feb. 7, 2004), http://www.cbpp.org/2-2-05socsec4.htm ("Over the first ten years that the plan actually was in effect [2009-18], it would add about $1.4 trillion to the debt. Over the next ten years [2019-28], it would add about $3.5 trillion more to the debt. All told, the plan would add $4.9 trillion [14 percent of GDP in 2028] to the debt over its first 20 years").

[34] Early in his first term, President Bush created a bipartisan, 16-member Commission to Strengthen Social Security (CSSS), co-chaired by the late Democratic Senator Daniel Patrick Moynihan and Richard Parsons, Chief Operating Officer of AOL/Time Warner (and a prominent Republican). The current Bush proposals resemble "Model 2" discussed by the CSSS. Under Model 2, the formula for calculating the base rate of benefits would change from "wage-indexing" to "price-indexing" (or, more precisely, change the Social Security benefit formula by lowering "replacement rates" by the difference between wage growth and price growth). The practical effect would be a drastic cut in benefits, phased in gradually. See Report of the President's Commission, Strengthening Social Security and Creating Personal Wealth for All Americans (Dec. 21, 2001, rev. Mar. 19, 2002), downloadable at http://www.csss.gov/; see also Goss & Wade Memo, supra note 31.

[35] See Transcript of President Bush's Press Conference (Apr. 28, 2005), http://www.nytimes.com/2005/04/28/politics/29bush_transcript_web.html; White House, Fact Sheet: Strengthening Social Security for Those in Need (Apr. 28, 2005), http://www.whitehouse.gov/news/releases/2005/04/20050428-7.html; Memorandum from Stephen C. Goss, Chief Actuary, to Bob Pozen, re: Estimated Financial Effects of a Comprehensive Social Security Reform Proposal Including Progressive Price Indexing (Feb. 10, 2005, see Table B1), http://www.ssa.gov/OACT/solvency/RPozen_20050210.pdf. See also President Discusses Social Security for Future Generations in Virginia (White House Press Release, Apr. 29, 2005), http://www.whitehouse.gov/news/releases/2005/04/20050429-1.html; White House, Fact Sheet: Strengthening Social Security for Today's Younger Workers (Apr. 29, 2005), http://www.whitehouse.gov/news/releases/2005/04/20050429-12.html. For discussion, see Edmund L Andrews & Eduardo Porter, Social Security: Help for the Poor Or Help for All?, N.Y. Times, May 1, 2005, at 1, http://nytimes.com/2005/05/01/politics/01social.html; David E. Rosenbaum & Robin Toner, Bush's Plan: Investing Part of the Nest Egg and Slowing the Growth of Benefits, N.Y. Times, Apr. 29, 2005, http://www.nytimes.com/2005/04/29/politics/29social.html; Richard W. Stevenson & Elizabeth Bumiller, Bush Cites Plan That Would Cut Social Security Benefits, N.Y. Times, Apr. 29, 2005, http://www.nytimes.com/2005/04/29/politics/29bush.html.

[36] Apart from the disregard for disability insurance, President Bush has been less than clear as to how his proposals might affect spouses and dependent children of retired workers and survivors of deceased workers. There are questions not only concerning entitlement to benefits, but also, at least in the case of spouses, relating to participation in decisions as to allocations to private accounts versus traditional Social Security. Of 2004 OASDI benefits, 85.4% of total dollars went for retirement benefits (OASI) and 14.6% for disability benefits (DI). See 2005 OASDI Trustees Report. See also note 8 supra.

[37] Organizations, "alliances" or "coalitions" such as those named above are sometimes referred to as "Astroturf" groups because their names are intended to lend a seeming grassroots flavor to industry lobbying efforts. Judging by the company kept, the membership rosters of these fronts are very telling. The AWRS was set up by the National Association of Manufacturers (NAM) in 1998 to lobby for Social Security privatization; its members include the United States Chamber of Commerce, Business Roundtable, Securities Industry Association and other business groups; and its current Executive Director, Derrick A. Max, was formerly Director of Government Affairs for the Cato Institute. The AWRS website is http://www.retiresecure.org/. The same Mr. Max is also the Executive Director of COMPASS, a coalition founded in 2002 by the Business Roundtable and the NAM, which includes among its members the AWRS, Financial Services Forum, National Taxpayers Union and U.S. Chamber of Commerce. See COMPASS, http://www.compasscoalition.org. Among brokerage houses, Charles Schwab & Co. and Wachovia Corp. have been particularly prominent on the Bush bandwagon and consequently specially targeted by opponents of private accounts. For discussion, see AFL-CIO, Wall Street Greed, http://www.aflcio.org/issuespolitics/socialsecurity/wallstreetgreed/. With regard to 527s, Progress for America alone spent more than $4.5 million on a media blitz in support of the Bush Social Security plan in the single month of March 2005. See Progress for America Launches Fourth National Social Security Ad: Stopwatch (Mar. 22, 2005), http://www.pfavoterfund.com/1151-15.1151-032205D.html

[38] President Bush has already stated that "the one thing I'm not open-minded about is raising the payroll tax rate." That restriction leaves only two alternatives for covering the $2 trillion diversion: either cut Social Security benefits for retirees; or borrow more money in public markets by selling treasury bonds.

[39] The United States Treasury accounting system produces a figure for the national debt each morning around 11:30 AM EST. As of May 1, 2005, it was $7,805,728,313,902.52 -- $7.8+ trillion. Since the estimated population is 296,002,518, the share of each individual is around $26,370.48 (among other things, constituting a notable "birth tax"). Federal debt has been increasing at a rate of about $2.35 billion per day since September 30, 2004. See United States Treasury, Bureau of the Public Debt, The Debt to the Penny and Who Holds It, http://www.publicdebt.treas.gov/opd/opdpdodt.htm. For the U.S. Census Bureau, U.S. and World Population Clocks – POPClocks, see http://www.census.gov/main/www/popclock.html. See also U.S. National Debt Clock, http://www.brillig.com/debt_clock/. On February 7, 2005, President Bush transmitted to Congress a proposed $2.57 trillion federal budget. The Bush budget would pump more money into defense and foreign aid, while slashing an array of domestic social programs more deeply than at any time since the Reagan Administration. See generally letter from Douglas Holtz-Eakin, Director, Congressional Budget Office, to Hon. Thad Cochran, Chairman, Senate Committee on Appropriations, Mar. 4, 2005 (CBO analysis of Bush budget submission for FY 2006), http://www.cbo.gov/showdoc.cfm?index=6137&sequence=0.

[40] On price-indexing, see note 34 supra. In a 2002 analysis of Model 2, the chief actuaries for the Social Security Administration found that a shift to price-indexing would cut benefits by one-quarter as of 2042, and nearly one-half by 2075. See Goss & Wade Memo, supra note 31. The net result is that a 20 year-old at this time could expect to receive about $100,000 under the Bush plan, as compared with $440,000 from Social Security according to current wage-indexing. According to Congressional Research Service calculations, using wage-indexing, lifetime Social Security benefits for a person with average earnings retiring in 2005 would be $15,336 per year, replacing 42% of income; but under price-indexing, the same 2005 retiree would receive only $6,180 per year, replacing just 17% of income – that is, a 60% cut. See Memo from Congressional Research Service to Senate Finance Committee. re: Estimated Effect of Price-Indexing Social Security Benefits on the Number of Americans 65 and Older in Poverty (Jan. 28, 2005), downloadable from Social Security Network, http://www.socsec.org/research.asp.

[41] On the gender issue, see, e.g., AOL News, Women's Organizations Condemn Privatizers' Attacks on Stay-At-Home Moms, Cite Gross Hypocrisy of Party Claiming Mantle of Family Values (Mar. 30, 2005), http://aolsvc.news.aol.com/news/article.adp?id=20050330104309990028&cid=1291; Pamela Brogan, Social Security Holds High Stakes for Women (Mar. 15, 2005), http://www.usatoday.com/news/washington/2005-03-15-socsec-women_x.htm; Feminist Daily News Wire, Women's Organizations Speak Out Against Privatization of Social Security (Feb, 9, 2005), http://www.feminist.org/news/newsbyte/uswirestory.asp?id=8891; Institute for Women's Policy Research, Women and Social Security, http://womenandsocialsecurity.org/Women_Social_Security/; League of Women Voters, Action Alert: Tell Congress Not to Privatize Social Security (Mar. 23, 2005), http://www.capwiz.com/lwv/issues/alert/?alertid=7266326; National Council of Women's Organizations, Privatizing Social Security: A Bad Deal for Women, http://www.womensorganizations.org/pages.cfm?ID=186; National Women's Law Center, Social Security, http://www.nwlc.org/display.cfm?section=social security; Social Security Administration, Social Security Is Important to Women, http://www.socialsecurity.gov/pressoffice/factsheets/women-alt.htm.

[42] Treasury Secretary John Snow has indicated that the Bush Administration will offer Treasury Bonds to large financial institutions at above normal rates of interest in order to implement Social Security reform measures. Massive new borrowing by the government as part of creating the new private accounts may further cost the public in terms of driving up interest rates. For discussion, see Joseph Straw, Bush Sees Room for Flexibility on Social Security, New Haven Reg., Feb. 16, 2005, http://www.nhregister.com/site/news.cfm?newsid=13967258&BRD=1281&PAG=461&dept_id=517515&rfi=6. On current Social Security administrative costs, see note 7 supra.

[43] See AARP, Our Fight: Keeping Social Security Strong, http://www.aarp.org/money/social_security/Articles/a2004-10-22-ss_strong.html;

[44] According to a recent CNN/USA Today/Gallup survey, 40% of adult Americans approve of the approach by President Bush to Social Security and 53% disapprove (with a ± 3% margin of error). When the polling did not mention cutting benefits, the Bush proposal drew 45% support to 47% opposition (± 4.5%). But when people were asked whether they supported private accounts in exchange for reduction of guaranteed retirement benefits, support fell to 33% and opposition rose to 59% (± 4.5%). See Poll: Support Wanes for Bush's Social Security Plan, CNN, Mar. 22, 2005, http://www.cnn.com/2005/ALLPOLITICS/03/22/pollsoc.sec/. A poll by the same groups two months earlier found that voters under age 30 supported private accounts even if they meant cuts to guaranteed benefits by 55% to 42%, but those over 50 called them a "bad idea" by 63% to 42%. See Age Gap May Be Trouble for Bush, USA Today, Jan. 10, 2005, http://www.usatoday.com/news/washington/2005-01-10-socsec-poll_x.htm. Other polls have yielded similar results. See, e.g., Mark Murray, Americans Divided on Private Accounts, NBC News, Feb. 16, 2005, http://www.msnbc.msn.com/id/6981833/ (NBC/WSJ polls show Americans disapprove of private accounts by a 50/40% margin). See also, e.g., Jonathan Weisman, Skepticism of Bush's Social Security Plan is Growing, Wash. Post, Mar. 15, 2005, at A1, http://www.washingtonpost.com/wp-dyn/articles/A35231-2005Mar14.html (Only 35% of Americans approve of Bush handling of Social Security issue, with support down among all age groups); Bush Failing in Social Security Push, Pew Research Center, Mar. 2, 2005, http://people-press.org/reports/display.php3?ReportID=238 (Support for private accounts down from 70% to 58% to 54% to 46% in polls between Sept. 2000 and Feb. 2005).

[45] See Bloomberg, Rove Says Social Security Overhaul Must Have Private Accounts (Apr. 5, 2005), http://www.bloomberg.com/apps/news?pid=10000103&sid=aK9Hi3J.L61A&refer=us. But see Mike Allen, Graham Says GOP Erred by Focusing on Accounts, Wash. Post, Mar. 9, 2005, http://www.ourfuture.org/issues_and_campaigns/socialsecurity/05_3_9_washington_po.cfm; Charles Babington, Graham Fills Social Security Void with a Plan Bound to Irk All Sides, Wash. Post, Apr. 2, 2005, http://www.washingtonpost.com/wp-dyn/articles/A19705-2005Apr1.html; Charles Babington & Jim VandeHei, Senators May Block Social Security Vote, Wash. Post, Mar. 11, 2005, at A1, http://www.washingtonpost.com/wp-dyn/articles/A25304-2005Mar10.html; Kelley Bouchard, Snowe: President Should Not Rush Into Plan for Social Security Repair, Portland Press Herald, Mar. 31, 2005, http://pressherald.mainetoday.com/news/state/050331snowe.shtml; Ronald Brownstein, Bush's Social Security Equation Comes Up Short on Money, Trust, LA Times, Feb. 7, 2005, http://www.latimes.com/news/politics/la-na-outlook7feb07,1,7623072.column?coll=la-utilities-politics&ctrack=2&cset=true; David E. Rosenbaum, Few See Gains from Social Security Tour, N.Y. Times, Apr. 3, 2995, http://www.nytimes.com/2005/04/03/politics/03social.html; William M. Welch, Private Accounts ‘Oversold,' Senator Says, USA Today, Feb. 10, 2005, http://www.usatoday.com/news/washington/2005-02-10-graham-accounts_x.htm.

[46] See S. Amdt. 145 to S. Con. Res. 18, 109th Cong., 1st Sess. (Mar. 15, 2005) (Sponsored by Sen. Bill Nelson [D – FL], failed 50/50). On the same day and relating to the same Concurrent Resolution, see also S. Amdt. 150 (By Sen. Jim DeMint [R – SC], expressing sense that "failing to address the financial condition of Social Security will result in massive debt, deep benefit cuts and tax increases," passed 56/43); S. Amdt. 152 (By Sen. Lindsey Graham [R -- SC], on "urgent need for legislation to ensure the long-term viability of the Social Security program," passed 100/0). For discussion, see, e.g., Glen Johnson, Senate Agrees Social Security Needs Help, Miles from Agreement as to What to Do About It, AP, Mar. 16, 2005, http://www.dailysouthtown.com/southtown/dsnews/169nd1.htm; Sheryl Gay Stolberg, Senate Splits on Test Vote on Social Security, N.Y. Times, Mar. 16. 2005, http://www.globalaging.org/pension/us/socialsec/2005/test.htm.

[47] For the top states and Congressional districts in Social Security terms, see notes 9 & 10 supra. For the quotes, see Rick Klein, GOP Stalwarts Wary on Social Security, Boston Globe, Apr. 4, 2005, http://www.boston.com/news/nation/washington/articles/2005/04/04/gop_stalwarts_wary_on_social_security/; compare Answer by Katherine Harris in candidate debate, http://electharris.org/harris_contents/video/debate/, with Staff Report, ‘Truth Truck' Visits Rep. Harris' Office, Sarasota Herald-Trib. (Mar. 22, 2005), http://www.newscoast.com/apps/pbcs.dll/article?AID=/20050322/NEWS/503220315/1023/SPORTS08/. See also Monique Brackett, Rep. Boyd Calls to Save Social Security, Famuan, Apr. 1, 2005, http://www.thefamuanonline.com/news/2005/04/01/News/Rep-Boyd.Calls.To.Save.Social.Security-909550.shtml; see also Bipartisan Retirement Security Act of 2005, H.R. 440, 109th Cong., 1st Sess. (Reps. Jim Kolbe [R – AZ 8th], cosponsored by Boyd [D - FL 2nd], Feb. 1, 2005); but see Jackie Calmes, Bush Loses Key Group on Social Security, Wall St. J., Apr. 7, 2005, at A4, http://online.wsj.com/public/article/0,,SB111076175304678249,00.html?mod=todays_free_feature. See generally 30 Republicans Protect Social Security: In Their Own Words, http://www.themmob.com/writeright/ PDFdownloads/30RepublicansOnSSOwnWords.pdf; Bloomberg, Bush's Social Security Effort Fails to Sway Some Republicans (Jan. 21, 2005), http://www.bloomberg.com/apps/news?pid=10000103&sid=aznYAcHY7TO8&refer=us; GOP Anxiety Over Social Security, CBS/AP, Feb. 4, 2005, http://www.cbsnews.com/stories/2005/02/04/politics/main671818.shtml. On problems for Florida representatives, see William March & Keith Epstein, Delegation Unnerved by Social Security, Tampa Trib., Feb. 9, 2005, http://tampatrib.com/MGBSOSU0Z4E.html.

[48] On the AARP position, see William D. Novelli, Chief Executive Officer, AARP, No to Private Accounts (Feb. 2005). http://www.aarp.org/bulletin/socialsec/ss_novelli_perspective.html. For discussion of the current Graham proposals, see Allen, supra note 45; Babington, supra note 45. According to Social Security actuaries, removing the cap entirely would improve the 75-year actuarial balance by 1.7% of payroll, thereby eliminating 90% of the funding deficit projected by the OASDI Trustees. By this calculation, removing the cap would completely eliminate the deficit forecast by the Congressional Budget Office. See Goss & Wade Memo, supra note 31; see also notes 21 & 23 supra. The cap already rises each year with increases in the national average wage index. Thus, the $90,000 cap is expected to rise to $128,400 by around 2014. See 2005 OASDI Trustees Report.

[49] See President Holds Press Conference (White House Press Release, Feb. 17, 2005), http://www.whitehouse.gov/news/releases/2005/02/20050217-2.html. For discussion, see Linda Feldmann, Tricky Politics of Social Security, Christian Sci. Monitor, Feb. 18, 2004, http://www.ourfuture.org/issues_and_campaigns/socialsecurity/05_2_18_christian_sc.cfm. The two top Republicans in the House of Representatives – Reps. Tom DeLay (TX 22nd) and Dennis Hastert (IL 14th) -- have criticized the President for this position. For discussion, see Mike Allen, Idea to Raise Social Security Wage Limit Criticized, Wash. Post, Feb. 18, 2005, at A4, http://www.washingtonpost.com/ac2/wp-dyn/A33033-2005Feb17?language=printer. See also, e.g., James G. Lakely, Conservatives Worry Reform Will Raise Taxes, Wash. Times, Feb. 18, 2005, http://www.washtimes.com/national/20050217-114813-1343r.htm.

[50] For the Bush and Republican positions, see note 49 supra. The only major set of proposals before Congress that calls for a tax rate increase is the "tinkering" plan outlined by former Social Security Commissioner Bob Ball. The Ball plan includes four steps: lift the cap to 90% of earnings or about $145,000; slow annual cost-of-living benefit adjustments (COLAs); cover newly hired state and local government workers; and dedicate inheritance taxes on estates over $3.5 million to Social Security. For discussion, see Jonathan Weisman, Competing Visions for Social Security, Wash. Post, Feb. 24, 2005, at A1, http://www.washingtonpost.com/wp-dyn/articles/A48438-2005Feb23.html. Mr. Ball, who has worked in the system since four years after it was established by FDR and at 90 is considered one of the foremost experts on Social Security in this country, served on the Reagan Reform Commission. See note 26 supra. A bill roughly modeled on the Ball plan was introduced in the last Congress by Representative David R. Obey (D – WI 7th). See Social Security Solvency Act of 2004, H.R. 5179, 108th Cong., 2nd Sess. (Sept. 29, 2004).

[51] See Social Security Beneficiary Tax Reduction Act of 2005, H.R. 137, 109th Cong., 1st Sess. (Rep. Ron Paul [R – TX 14th], Jan. 4, 2005). See also Social Security Benefits Tax Relief Act of 2005, H.R. 1517, 109th Cong., 1st Sess. (Rep. Sam Johnson [R – TX 3rd], Apr. 6, 2005). The former has 13 cosponsors and the latter six. On the history of taxation of Social Security benefits, see note 15 supra.

[52] See generally How State and Local Government Employees Are Covered by Social Security and Medicare (SSA Pub. No. 05-10051, Jan. 2005), http://www.ssa.gov/pubs/10051.html. White House press spokesman Trent Duffy has indicated that President Bush "would be open to discussion of extending coverage to state and local new-hires." See Thomas N. Bethell, What Is the Big Idea?, AARP Bulletin, Apr. 2005, at 22, http://www.aarp.org/bulletin/socialsec/ss_ideas.html. One Congressman (with a cosponsor), however, introduced a resolution expressing the sense of Congress against such proposal. See H. Con. Res. 43, 109th Cong., 1st Sess. (Rep. Mark Green [R – WI 8th], Feb. 2, 2005). See also Michael Kranish, State Sees Burden in Bush Funding Idea, Boston Globe, Mar. 7, 2005, http://www.boston.com/news/local/articles/2005/03/07/state_sees_burden_in_bush_funding_idea/; Coalition to Preserve Retirement Security, State and Local Workers May be Targeted from All Sides, http://www.retirementsecurity.org/public/276.cfm. It should be recognized that extending coverage to newly-hired state and local government employees would be a temporary – albeit long-term -- help. While it would eliminate about 10% of the 75-year deficit by taxing new workers during their working lifetimes, at the end of that period the system would be back about where it was initially with increasing numbers of retirees.

[53] See William D. Novelli, AARP CEO, How America Can Afford to Grow Older: A Vision for the Future (Speech to National Press Club, Feb. 9, 2005, http/::www.aarp.org:research:press-center:speeches:america_older.html; Douglas Holbrook, Vice President – Secretary/Treasurer, AARP, Strengthening and Securing Social Security (Testimony to Congressional Democratic Policy Com., Jan. 28, 2005), http://www.aarp.org/research/press-center/testimony/a2005-01-28-strengthening.html; John Rother, AARP Director of Policy and Strategy, Testimony Before the Senate Com. On Aging, 109th Cong., 1st Sess., Feb. 3, 2005, http://www.aging.senate.gov/public/_files/hr136jr.pdf. For discussion of the AARP position, see, e.g., William M. Welch, AARP ‘Dead Set Against' Bush's Social Security Plan, USA Today, Jan. 24, 2005, http://www.usatoday.com/news/washington/2005-01-24-aarp-ss_x.htm; but see Russ Wiles, AARP's Views on Social Security Shifting?, Arizona Republic, Mar. 13, 2005, http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20050313/BUSINESS/503130328.

[54] See Memorandum from Patrick Purcell, Congressional Research Service Specialist in Social Legislation, to Senate Finance Committee, re: Estimated Effect of Price-Indexing Social Security Benefits on the Number of Americans 65 and Older in Poverty (Jan. 28, 2005), http://finance.senate.gov/press/Bpress/2005press/prb020105rpt.pdf. On wage- and price-indexing of Social Security benefits, see notes 34 and 40 supra.

[55] The Bureau of Labor Statistics began publishing the Chained Consumer Price Index for All Urban Consumers in August 2002. This C-CPI-U was created "to more closely approximate a cost-of-living index by reflecting substitution among item categories," or, in other words, to take account of changing consumer buying patterns in response to changing prices. For background on varying CPIs, see U.S. Department of Labor, Bureau of Labor Statistics, Frequently Asked Questions, http://www.bls.gov/cpi/cpifaq.htm - Question_4. For the position of the Federal Reserve Chairman, see Alan Greenspan, Economic Outlook and Current Fiscal Issues, Testimony Before the House Com. on the Budget, Feb. 25, 2005, http://www.federalreserve.gov/boarddocs/testimony/2004/20040225/default.htm. For discussion, see Greenspan Urges Future Social Security Cuts, AP, Feb. 25, 2005, http://www.msnbc.msn.com/id/4371103/.

[56] See Saving Social Security Act of 2005, S. 540 109th Cong., 1st Sess. (Sen. Chuck Hagel [R -- NE], Mar. 7, 2005); six weeks after its introduction, this bill has no cosponsors. For discussion, see Richard Simon, GOP Senator Wants to Raise Social Security Retirement Age, L.A. Times, Mar. 5, 2005, http://www.post-gazette.com/pg/05066/467517.stm. See also note 6 supra.

[57] See Social Security Fairness Act of 2005, S.619, 109th Cong., 1st Sess. (Sen. Dianne Feinstein [D – CA], Mar. 14, 2005); Social Security Fairness Act of 2005, H.R. 147, 109th Cong., 1st Sess. (Rep. Buck McKeon [R – CA 25th], Jan. 4, 2005). The former has 11 cosponsors and the latter 237.

[58] More expansively, what happened was that in the 1972 Amendments to the Social Security Act, Congress enacted changes establishing annual cost-of-living adjustments (COLA) increases according to a flawed formula that paid too much. See 1972 Social Security Act Amendments, Pub. L. 92-603 (Oct. 30, 1972). By the time new Amendments were enacted in 1977 to fix the problem, people born before 1917 had already retired, and Congress opted not to take away benefits from that group. Congress was also concerned about the impact of the Amendments on people about to retire, and consequently established a special "transition" formula for those within five years of retirement age, which formula turned out to discriminate against these Notch babies. See 1977 Social Security Act Amendments, Pub. L. 95-216 (Dec. 20, 1977). Notch baby bills currently pending in Congress include Notch Baby Act of 2005, H.R. 80, 109th Cong., 1st Sess. (Jo Ann Emerson [R – MO 8th], Jan. 4, 2005); Notch Fairness Act of 2005, H.R. 615, 109th Cong., 1st Sess. (Rep. Ralph M. Hall [R – TX 4th], Feb. 8, 2005). The Hall bill has 38 cosponsors. See generally Commission on the Social Security "Notch" Issue, Final Report on the Social Security "Notch" Issue (Dec. 34, 1994), http://www.ssa.gov/history/notchbase.html. See also AARP, Understanding the Social Security Notch, http://www.aarp.org/money/social_security/Articles/a2003-03-26-ssnotch.html.

[59] For many years, income tax obligations of two-income married couples were often higher than they would have been for the same two people filing as singles -- the so-called "marriage penalty. The Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16 (June 7, 2001), included several provisions to reduce or eliminate various aspects of the marriage penalty. Among other things, beginning in 2005, the standard deduction for joint filers would be gradually increased to twice that for single filers and the 15% tax bracket would be similarly equalized. The Jobs and Growth Tax Relief Reconciliation Act of 2003, Pub. L. 108-27 (May 28, 2003), accelerated such changes, scheduled to come into effect between 2005 and 2009, to become effective immediately. The Social Security penalty for joint filers was omitted from this relief. On Social Security income taxation, see note 15 supra.

[60] See Bush Admits His Plan Doesn't Fix Social Security, AP, Feb. 4, 2005, http://www.msnbc.msn.com/id/6906269/.

[61] The House of Representatives recently passed a bill that would permanently repeal the estate tax after rejecting a Democratic counteroffer to keep the exemption at $3.5 million, thus thrusting resolution of this highly contentious matter into the Senate. See H.R. 8, 109th Cong., 1st Sess. (Roll call vote No. 103 – 272/162/1, Apr. 13, 2005); compare H. Amdt 69 (By Rep. Earl Pomeroy [D – ND AL]) to H.R. 8 (Roll call No. 101 – 194/238/2, Apr. 13, 2005). Pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001, supra note 59, by 2009 estates worth up to $3.5 million for an individual and $7 million for a couple will be exempt from the estate tax. This means that estates of 99.7% of all Americans will be exempt, and going further to repeal the estate tax entirely would benefit the estates of only the wealthiest 0.3% of decedents. If the estate tax is instead retained for this small group and dedicated to Social Security, approximately 40% of the Social Security shortfall projected by the CBO would be eliminated. See Robert Greenstein & Peter Orszag, Implications of the Social Security Projections Issued by the Congressional Budget Office (Center on Budget and Policy Priorities, June 14, 2004), http://www.cbpp.org/6-14-04bud.htm; see also note 23 supra. For the proposal by Representative Obey, see H.R. 5179, supra note 50. For discussion, see Ellen Goodman, Taxing Our Children, Boston Globe, Mar. 13, 2005, http://www.boston.com/news/globe/editorial_opinion/oped/articles/2005/03/13/taxing_our_children/. On AARP positions, see Bethell, supra note 52.

[62] For remarks by Rep. Bill Thomas on VAT, see Meet the Press (Transcript of Jan. 23, 2005), http://www.msnbc.msn.com/id/6853606/. For discussion, see Ronald Brownstein, New Idea for This Side of the Pond, L.A. Times, Jan. 29, 2005, http://www.newsday.com/news/nationworld/nation/la-na-thomas29jan29,0,1529557.story?coll=ny-nationworld-nation-utility; Bill Novak, Chairman Bill's Deal, CNN,com, Feb. 10, 2005, http://www.cnn.com/2005/ALLPOLITICS/02/10/chairman.bill/; Rep. Proposes VAT to Pay for Social Security Reform, AP, Jan. 24, 2005, http://www.foxnews.com/story/0,2933,145240,00.html.

[63] Another tax measure that could affect the ability of the federal government to pay Social Security benefits would be to roll back the tax cuts enacted in 2001 and 2003 or to decline to make them permanent. The cost of these tax cuts over the next 75 years (excluding possible erosion by the Alternative Minimum Tax) is estimated to be roughly 2% of gross domestic product. The deficit in Social Security over the next 75 years will equal 0.7% of GDP as projected by the OASDI Trustees and 0.4% of GDP according to the CBO. Accordingly, making the tax cuts permanent will cost three to five times the Social Security shortfall. Furthermore, the amount of the tax cuts for just the top 1% of taxpayers (with annual incomes averaging about $1 million), amounting to about 0.6% GDP, is nearly the same size as the shortfall. See 2005 OASDI Trustees Report; CBO Outlook for Social Security 2004, supra note 23. For discussion, see Richard Kogan & Robert Greenstein, President Portrays Social Security Shortfall as Enormous, But His Tax Cuts and Drug Benefit Will Cost at Least Five Times as Much (Center for Budget and Policy Priorities, Feb. 11, 2005), http://www.cbpp.org/1-4-05socsec.htm.

[64] For the Shaw plan featuring a voluntary, refundable tax credit of up to 4% of earnings, see Social Security Guarantee Plus Act of 2005, H.R. 750, 109th Cong., 1st Sess. (Feb. 10, 2005, 5 cosponsors); for discussion, see U.S. Rep. Clay Shaw Rolls Out Comprehensive Social Security Reform Plan (Press Release, Feb. 10, 2005), http://shaw.house.gov/News/DocumentSingle.aspx?DocumentID=6740. See also Hatch Outlines Plan for Social Security (Press Release, Mar. 16, 2005), http://hatch.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1310&Month=3&Year=2005. In 1999, President Clinton proposed to use a portion of the federal budget surplus to establish "universal savings accounts" or "USA accounts" for retirement, and he elaborated on the idea of "retirement savings accounts" the next year. See President William J. Clinton, 1999 State of the Union Address (Jan. 19, 1999), http://www.clintonfoundation.org/sp-1999-state-union.htm; 2000 State of the Union Address (Jan. 27, 2000), http://www.clintonfoundation.org/sp-2000-state-union.htm. On the campaign trail Vice President Gore proposed "Retirement Savings Plus" accounts as a Social Security add-on. See Online News Hour, Retirement Savings (June 20, 2000), http://www.pbs.org/newshour/bb/social_security/social_security_6-20.html; for discussion, see Brooks Jackson, Gore Bills Retirement Plan as ‘Social Security Plus', CNN, Sept. 1, 2000, http://www.cnn.com/ELECTION/2000/laborday/gore.social.security/. See also AARP, Social Security: A Background Briefing (Updated Mar. 24, 2005), available at http://aarp.typepad.com/socialsecurity/2005/03/social_security.html; Federal Reserve Board Governor Edward M. Gramlich, Social Security in the 21st Century (Leon and Josephine Winkelman Lecture at Univ. of Michigan, Mar. 13, 2000). See generally Laura D'Andrea Tyson, Add to Savings, Wash. Post, Jan. 23, 2005, at B3, http://www.washingtonpost.com/wp-dyn/articles/A28184-2005Jan22.html; Ronald Brownstein, Accounts Added On to Social Security May Not Be Viable Sum, L.A. Times, Mar. 21, 2005, http://www.truthout.org/docs_2005/032105H.shtml; Centrists.org, Social Security "Add On" Accounts with Benefit Offset (Rev. Sept. 27, 2004), http://www.centrists.org/pages/2004/09/8_guest_wealth.html. But see Add-On Accounts Add No Value, N.Y. Times, Mar.26, 2005, at A12 (editorial), available at http://www.globalaging.org/pension/us/socialsec/2005/Add-ons.htm.

[65] On unified budget accounting, and on- and off-budget accounts, see note 16 supra. While the "lockbox" notion was largely made famous (or infamous) by Vice President Al Gore during the 2000 Presidential campaign, it has actually been championed by both major political parties over time. For discussion, see, e.g., Henry J. Aaron, Social Security, Medicare and the Campaign (Brookings Institution, live internet chat, Sept. 21, 2000), http://www.brookings.edu/comm/chat/aaron000921.htm. The House of Representatives has passed lockbox bills. See Social Security and Medicare Safe Deposit Act of 1999, 106th Cong., 1st Sess. (May 27, 1999); Social Security and Medicare Lock Box Act of 2001, H.R. 2, 107th Cong., 1st Sess. (Feb. 8, 2001). For discussion, see Amy Goldstein, House Backs ‘Lockbox' for Retiree Fund, Wash. Post, May 27, 1999, http://www.washingtonpost.com/wp-srv/politics/special/security/stories/retire052799.htm; Social Security Legislative Bulletin, U.S. House of Representatives Passes Social Security and Medicare Lockbox Bill (H.R. 2) (Mar. 22, 2001), http://www.ssa.gov/legislation/legis_bulletin_032201.html. For lockbox bills, see Social Security Lock-Box Act of 2005, S. 292, 109th Cong., 1st Sess. (Sen. David Vitter [R - LA], Feb. 3, 2005). Also in the 109th Cong., 1st Sess., see Social Security and Medicare Lock-Box Act of 2005, H.R. 116 (Rep. Rush Holt [D – N.J. 12th]); Social Security Guarantee Plus Act of 2005, H.R. 750, supra note 62.

[66] President Franklin D. Roosevelt, Presidential Statement Signing the Social Security Act (Aug. 14, 1935), http://www.ssa.gov/history/fdrstmts.html - signing


Jan Schneider, Candidate for U.S. Congress in 2006, Florida District 13
P.O. Box 57, Sarasota, Florida 34230 - 941-957-1950
Email: jan@VoteJan.com - Website: www.VoteJan.com