Senator Charles E. Schumer
313 Hart Senate Office Building
Washington, DC 20510
Re: Social Security Investment Alternative
Dear Senator Schumer:
There has been much debate during the last few years
about the present system of investing Social Security funds. The
several sides to this issue all make good points, but seem to fall short
of striking a balance that can work for taxpayers, government and even
our democratic society. I am proposing
a new method of allocating taxes paid so that taxpayers can share in the
responsibility of investing the funds, with controls put in place so as
to protect other taxpayers from having to support poor investments.
It has been widely written that the Social Security
fund is in danger of running out of resources when the "baby boomers" reach
retirement age, beginning in the year 2020. This
is partly due to a marked decrease in new earners being born since the
heavy birth period of the 1950's. In
addition, retirees receiving benefits are living longer than their predecessors
did. Moreover, the investments in
the fund have remained very conservative. It is on this last factor that
this proposal will focus.
Since the future of the Social Security system was
first cast in doubt, politicians and representatives of the financial sector
have offered possible solutions to the problems of the status quo. Alternative
plans included:
- raising
social security taxes on earnings by increasing the taxable wage base
or through rate increases;
- increasing
the retirement ages which would entitle an individual to begin receiving
benefits;
- using
income tax revenues to supplement shortages in the Social Security
fund;
- subjecting
social security benefits to income taxes; and
- putting
Social Security funds in more aggressive investments, including equity
markets.
I
will review these alternatives, indicating why each fails to solve the
basic problem in an equitable manner. I
then offer my own plan, which aims to address the concerns raised by the
others.
Raising
Social Security Taxes
This
alternative provoked overwhelming objections from the present body of workers
who believe that they pay at least their fair share of taxes without the
introduction of a new increase. These
taxpayers, especially the younger ones, did not welcome the idea of paying
more taxes to "support the older generation" who, when they were among
the workforce, paid in social security taxes on lower wage bases. Each
year we experience an increase in the maximum taxable wage base ($72,600
in 1999) to reflect cost-of-living adjustments.
Increasing
the Retirement Ages
One of the ideas discussed would postpone the ages
at which retirees could begin to receive benefits. Our
present system allows for "full" benefits at age 65 and reduced benefits
at age 62. (The "Normal Retirement Age" of 65 is currently scheduled
to increase gradually, beginning next year, until it becomes age 67.) Furthermore,
beginning at age 70, a beneficiary can earn an unlimited income from work
without having to reduce his/her benefits. Under
some proposals, the three threshold ages would have been increased to effectively
(a) bring in more tax revenues and (b) shorten the payout period of benefits. This
met with obvious disapproval from the near-retirement group who were, by
and large, counting on the Social Security fund to help them through the
imminent change in life.
Using Income Tax Revenues to Supplement Shortages
This seemed like a good idea to many, largely because
any such tax increase would likely have fallen on the wealthier minority
of taxpayers. However, it met with
resistance from a group of politicians supported by economists and other
members of the financial sector. They
insisted that income tax revenues and the government services they pay
for should not affect the taxes and benefits of the social security fund,
and vice versa. This proposal died
as well.
Subjecting Social Security Benefits to Income Taxes
Much to the dismay of Social Security beneficiaries,
this proposal actually became law. Up
to one-half of benefits received were subjected to income tax. As
if the change weren't distasteful enough for this group, they were hit
with a second blow a few years after the original law was enacted. Some
of the retirees who were fortunate and/or prudent enough to accumulate
a "higher" level of income could have as much as eighty-five percent of
their benefits taxed. One could
argue that paying tax on one-half of the benefits made sense: one-half
of the monies contributed to the social security fund were pre-tax contributions
made by employers and should be taxed on receipt. This
creates parity with private pension plans. Maybe
a little more taxation should apply to the tax-deferred earnings
in the plan. But, it is difficult
to justify why anyone has to pay tax on eighty-five percent.
Putting Social Security Funds in More Aggressive
Investments
The last few years have certainly taught us that the
stock market was the place to put investment dollars during this period.
Never before have we seen such sharp contrast in the yields of fixed versus
equity investments. It explains why
the idea of putting a portion of the social security fund into equity has
become so very popular. However,
there are two major drawbacks to this concept. First,
equity investments, despite the recent successes, are more risky than fixed
income instruments. The system is
designed, and even expected, to avoid risk in favor of security for the
benefit of those who have paid into it and deserve its rewards upon retirement. Second,
our democracy in large part depends on the private sector, not the government,
owning private business. This should
be taken as a serious concern for all of us. How
could we feel certain, if facing an antitrust case involving a company
in which our government invests, that a fair and impartial decision can
be reached, even if it impacts negatively on the company? Which aim is
better for the general public? Should our representatives protect us from
monopolistic corporations? Even if, by doing so, the stock price plummets
causing the Social Security fund to take a loss? It would present a dilemma
for any decision making body. For
these reasons, the shift to equity investments has not taken place.
A variation on this theme has recently been offered,
but also never got off the ground. Under
this plan, the taxpayer would decide whether to be (a) in the Social
Security system or (b) invest the same money on his/her own, thereby putting
the risk in private investments – for better or worse.But
this too became unpopular and since went nowhere. Our society would not
function as it is unless we "bailed out" – in one way or another - anyone
who made bad retirement-oriented investments. Would we really stand back
and say to such a person "You made your choice and you were wrong.Now
it's your problem."?I don't think
so.
Under my alternative plan, taxpayers would be given
a choice to share in the responsibility of investing retirement funds,
but with built-in controls to mitigate the political risks associated with
having to come to the rescue of unsuccessful investors. A
private "SS-Gap" account (the name modeled after private "Medi-Gap" health
insurance policies, which are designed to supplement Medicare coverage)
could be established for this purpose. Each
year, the accounts would have to attain threshold values for continued
funding in the following year.
The Payroll Tax "Election"
Presently, 6.2% of the taxable wage base is withheld
from an employee's salary for "OASDI" (or "FICA tax"). It
is then matched by an equal amount from the employer's funds. The
total is remitted to the Federal government for contribution to the employee's
Social Security fund account. Self-employed persons pay both parts, for
a total of 12.4% of "earned income", in the form of "Self-Employment Tax".
Under the plan, an employee or self-employed person
would be entitled to make a "first-time SS-Gap election". By
making this election furnished to the employer, the employee (or self-employed
person) would direct the employer to deposit half of the "employee-portion"
(i.e., 3.1% of the taxable wage base) during a qualifying year with a financial
institution and "SS-Gap" account selected under the election. A
qualified first-time election would have to be furnished no later than
October 31 of the year prior to the effective year. The
remaining half of the "employee-portion", plus the 6.2% matching employer
contributions would be deposited in the traditional manner, going to the
employee's Social Security fund account, remitted with the employer's payroll
taxes (or "Self-Employment Taxes").
Subsequent annual elections would be available only
if the total value of all of the employee's "SS-Gap" accounts equaled or
exceeded threshold amounts on September 30 of the preceding year. The
threshold amounts would be published by the Social Security Administration
and could be based on some SSA fund performance factor and applied to the
number of qualified years of contribution since the first account was in
effect. Financial institutions offering
"SS-Gap" accounts would have to report the September 30 value to the participant
and the SSA no later than October 10 of each year. The
employer would have to keep a copy of proof of compliance for each year
contributions are made.
One might ask, "If an "SS-Gap" account falls below
the specified threshold level, can the accountholder add his/her own money
to attain that level, thereby allowing contributions to continue?".Under
my plan, no personal funds could be added to the account. To
permit this would be defeating its purpose. The
"SS-Gap" plan is designed to maintain controls that would protect against
having to replace misspent retirement funds.Personal
funds should be considered as available retirement funds for this purpose.
Thus, "SS-Gap" participants will be advised to invest money wisely and
somewhat conservatively to ensure continued compliance.
The "SS-Gap" Account
Financial institutions will welcome the opportunity
to offer yet another type of retirement account. Individuals will welcome
this new plan as a vehicle to self-direct retirement fund investments.Since
the responsibility ultimately falls on the individual (with proper threshold
controls in place), virtually any investment (risky or conservative) would
be allowed in this account, giving freedom to investors and the financial
institutions to be creative and, hopefully, profitable.
An electing employee would have to specify the name
of the financial institution and the "SS-Gap" account number on the election
form given to the employer for the applicable year. The
employer would be obligated to make deposits to this account (in accordance
with the employee's instructions) within the time frame required for depositing
payroll taxes (under the appropriate "monthly" or "semiweekly" schedule,
or quarterly if below certain dollar levels).
There would be two sub-accounts in the standard "SS-Gap"
account.First, there is the "Basic
SS-Gap" account. This sub-account
represents funds maintained at the threshold level. Any
amounts in the "Basic SS-Gap" account in excess of the threshold level
would be automatically transferred into the second sub-account, the "SS-Gap
Companion" account. If there were
a shortfall in the "Basic SS-Gap" account, the deficiency would be made
up from "SS-Gap Companion" account funds.
Under no circumstances would any withdrawals
from an "SS-Gap" account be permitted before the participant begins receiving
Social Security benefits. Beginning
with the first receipt of SS benefits, the participant must withdraw each
year from the "Basic SS-Gap" account an amount equal to one-third of the
Social Security benefits to be received in that year. From
the "SS-Gap Companion" account, he/she would have the option to withdraw
any amount up to the actuarially calculated sum for the year, using the
balance as of the beginning of the year. (Any
distributions in excess of the allowed amount would be subject to a penalty-tax.)Under
this plan, the account will continue to be available to supplement the
retirement benefits from SSA.
When the participant dies, the remaining balance of
the "SS-Gap" account will be paid to the beneficiary designated on the
account. (This is a distinguishing feature of the "SS-Gap" account.Unlike
SSA funds, which are terminated upon death, the "SSA-Gap" account provides
a post-death benefit to the participant's beneficiary.) A
spouse who receives the funds as a beneficiary would be permitted to a
tax-deferred "rollover" of the same into his or her own "SS-Gap" account. Similarly,
during their lifetime, "SS-Gap" participants would be able to rollover
all or part of any "SS-Gap" accounts only to another "SS-Gap" account.
Spousal and lifetime rollovers would not count as contributions in the
year of receipt, but could be used in meeting the "threshold value test"
each year.
Income Taxation of "SS-Gap" Account Distributions
Similar to the law regarding nondeductible IRA's,
taxpayers who maintain "SS-Gap" accounts would have to report annually
on those accounts, stating the total value and tax basis of the accounts
on a form attached to Form 1040. (Taxpayers reporting nondeductible IRA's
use Form 8606 for this purpose.) Following
in that logic, distributions during a tax year would be treated as partially
a nontaxable return of basis, based on the percentage of basis to total
value, and the remainder would be taxable. In as much
as no early withdrawals, other than "SS-Gap" rollovers, would be permitted,
there is no need to provide a "premature withdrawal tax penalty" provision
for this type of account.
Financial institutions would have to report distributions
annually, presumably on Form 1099-R.
Responsibilities of the Social Security Administration
The responsibilities of the SSA become a little
more complicated, but remain very manageable. It
will continue to collect and manage all funds raised through social security
and self-employment taxes. It will
not, however, have these fiduciary duties with respect to the funds invested
privately in "SS-Gap" accounts. Its
only concerns arising from these accounts will be limited to (a) publishing
the annual threshold amounts and (b) monitoring the "threshold value tests"
reported to it by financial institutions each October.
Of course, the obligation of the Social Security Administration
to pay benefits to "SS-Gap" accountholders would be reduced. My plan would
dictate that monthly benefits could accrue only on the beneficiary's SSA
account balance. SSA would not have
to be concerned about the amount of "SS-Gap" account withdrawals since
only one-third of social security benefits payable for the year are withdrawn
from the "Basic SS-Gap" account. (If SSA finds calculating the reduced
"SSA account balance" overly complicated, it could alternatively use a
non-"SS-Gap" participant's monthly benefit as a starting point. It would
then reduce it for "SS-Gap" participants by the monthly equivalent of the
applicable published threshold for the year during which the retiree begins
receiving social security benefits.)
As you can clearly see, my aim is not to change everything
all at once. Fundamentally, the present
system for social security is working quite well for most people. It
is the future we are concerned about. My
plan provides an alternative approach to preserving the financial and political
strengths of our present system while creating opportunities for maximizing
investment returns.
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