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.