Privatization of Social Security 
                                              - A Threat to Women: Part I
                                          
                                           
                                          
 
                                            
                                               by Edith U. Fierst, Attorney 
                                              at Law Member, Social Security Advisory 
                                              Council 
                                            
                                           Even though today's 
                                            women are employed far more often 
                                            than their mothers or grandmothers 
                                            were, they are still not earning as 
                                            much over a lifetime as do their husbands. 
                                            Despite what proponents of privatization 
                                            say, this means that they will continue 
                                            to need and to receive Social Security 
                                            widow’s benefits, and sometimes spouse 
                                            benefits. 
                                          
 In order to understand 
                                            why this is true, it is necessary 
                                            to understand the difference between 
                                            survivor and spouse benefits and how 
                                            each is computed. A survivor benefit 
                                            is payable to a widow(er) beginning 
                                            at retirement age and is the greater 
                                            of the benefit earned by the deceased 
                                            spouse or by the widow(er). Since 
                                            benefits are related to lifetime earnings, 
                                            if the widow had lower earnings than 
                                            her husband, her own benefit would 
                                            be lower than her survivor benefit, 
                                            and she would be better off with the 
                                            survivor benefit. 
                                          
 A spouse benefit is 
                                            payable beginning at retirement age 
                                            to a person whose husband (or wife) 
                                            is living, and it is equal to half 
                                            the higher earner's benefit. If the 
                                            spouse has a worker benefit which 
                                            is less than half her husbands benefit, 
                                            her spouse benefit is the difference 
                                            between her earned benefit and half 
                                            of his. 
                                          
 As women are working 
                                            more, their own earned benefits are 
                                            increasing. With increasing frequency, 
                                            their benefits exceed half their husband's 
                                            benefits. Thus their need for spouse 
                                            benefits is diminishing or vanishing. 
                                            But some women of the future, although 
                                            many fewer, will still qualify for 
                                            and need spouse benefits. 
                                          
 No major change in 
                                            the pattern of need for spouse or 
                                            survivor benefits is expected in the 
                                            future. Social Security's actuaries 
                                            predict that even among those retiring 
                                            in 2015, only about 20 percent of 
                                            women will have earned benefits greater 
                                            than those of their husbands. This 
                                            means their worker benefits will continue 
                                            to be smaller than their benefits 
                                            as widows. 
                                          
 Currently, women who 
                                            qualify for Social Security survivor 
                                            or spouse benefits (including those 
                                            divorced after marriages of at least 
                                            10 years duration) know they will 
                                            be paid as a matter of law and without 
                                            any reduction in the benefits payable 
                                            to their husbands. This has given 
                                            great peace of mind to women as they 
                                            look into the future. It has provided 
                                            a basic minimum income for elderly 
                                            widows and enabled them to live independently 
                                            of their children and with self-respect. 
                                          
 Under the proposal 
                                            for privatization, this promise of 
                                            security would disappear. The privatized 
                                            portion of the Social Security would 
                                            pay only what has been earned through 
                                            investments, and all of that would 
                                            go to the retiree. If a payment is 
                                            to be made to a wife (or husband, 
                                            of course, as all provisions in the 
                                            law are gender-neutral), it must come 
                                            from the pocket of the one who earned 
                                            it. This gives him (or her) every 
                                            incentive to fight against payment 
                                            to the other. Some divorce lawyers 
                                            will smell opportunity to make money 
                                            in privatization, but this is not 
                                            the kind of an opportunity public 
                                            policy should encourage. 
                                          
 Moreover, the services 
                                            of the divorce bar could not do the 
                                            job for couples in intact marriages. 
                                            Courts rarely divide assets of married 
                                            couples, meaning that if the wife 
                                            is to be assured of income later on, 
                                            she might have to get a divorce or 
                                            a legal separation. Therefore, privatization 
                                            could be a major incentive for marriages 
                                            to dissolve. 
                                          
 The wife's situation 
                                            might erupt as an emergency. If she 
                                            does not act before her husband reaches 
                                            age 65 and gets access to his individual 
                                            account, it might be too late. Unlike 
                                            current Social Security, which pays 
                                            benefits every month for life, most 
                                            of the privatization plans make the 
                                            individual account unrestrictedly 
                                            available to the beneficiary. He has 
                                            complete freedom to spend it as he 
                                            wishes. A likely first use would be 
                                            to pay debts. Some may take the remainder 
                                            to Las Vegas. Or use it to endow a 
                                            girl friend or buy a business. 
                                          
 Probably most would 
                                            try to spread it over a lifetime but 
                                            they will have difficulty doing so. 
                                          
                                            
                                               See next issue 
                                              to learn what can be done.
                                            
                                           
                                          
 Excerpted from WOMANSWORD, Vol. 
                                            1, Issue 13, February, 1997.