About the Project | Contact Us | Search

cato.org
Its Your Money, Your Choice, Your Future
Cato Institute
Project on Social Security Choice Project on Social Security Choice

Reform and YOU
Social Security Toolkit

Cato's Plan
Get Involved
Press Room
Congressional Corner


Join Us in our efforts —
we need your support.

Donate Today!
 

Privatization of Social Security Would Secure Workers' Retirement Benefits

April 20, 2000

Workers lack property rights in current Social Security system

A Social Security system based on privatized individual accounts would provide workers with the benefits and safeguards of actual ownership not currently secured in the government-run system, writes the author of a Cato Institute study released today.

One of the most enduring myths of Social Security is that a worker has a legal right to his Social Security benefits, notes Charles E. Rounds Jr., a professor of law at Suffolk University in Boston, in " Property Rights: The Hidden Issue of Social Security Reform." Many workers assume that, by paying Social Security taxes, they are legally guaranteed benefits from the system.

"The truth is exactly the opposite," Rounds writes. "It has long been law that there is no legal right to Social Security." Rounds points out that two important Supreme Court cases, Helvering v. Davis and Flemming v. Nestor, hold that the payment of Social Security taxes conveys no property or contractual rights to Social Security benefits.

As a result, says Rounds, a worker's retirement savings depend entirely on the political decisions of the president and Congress. Benefits may be reduced or even eliminated at any time during a financial crisis, and they are not inheritable, Rounds warns. Congress has already arbitrarily reduced Social Security benefits for some groups of workers, for example, by raising the retirement age from 65 to 67, reducing benefits for retired federal workers and imposing earnings tests both for individuals who work after the age of 65 and survivors' and disability benefits.

Rounds recommends that we move to a privatized Social Security system in which benefits could not be arbitrarily reduced or taken away by the government. Workers would have true ownership of their retirement savings and would be able to pass them on to their heirs like any other property. "Not only would such accounts earn much higher rates of return, and therefore greater retirement benefits, through private investment, but also those benefits would be the worker's property."

Social Security Privatization no. 19

2001 Index | 2000 Index | 1999 Index | 1998 Index





Printer Friendly Version


  Quick Facts Archive  
  Social Security will begin running a deficit by 2017.
[Details...]
 
Research Corner
 

BROWSE BY TOPIC

Social Security's Financial Crisis
Rate of Return Issues
Women, Minorities, and the Poor
Other Reasons for Social Security Reform
Government Investment of Social Security
Social Security Reform Plans
International Pension Reform
Transition Financing
Problems and Criticisms
Public Opinion and Polling

BROWSE BY AUTHOR Go

BROWSE BY TYPE Go

 
 

"Thursday's staff report 'does a terrific job of setting out both the stick and the carrot: the stick in the form of the financial crisis and the carrot in the form of a better Social Security system,' said Michael Tanner, director of the Social Security Privatization Project at the Cato Institute, a libertarian think tank that has strongly influenced the Bush administration's work in this area."

- Los Angeles Times
July 202001