Social Security Legally Is Just a Government Welfare Program

Charles E. Rounds, Jr. - Suffolk University Law School
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It all comes down to political risk versus market risk. Social security legally is merely a government welfare program masquerading as a quasi-private funded defined benefit pension plan. Social security bestows no legally protectable property rights on its participants. Hence the constitutional right of Congress to retroactively increase from time to time the Social Security retirement age and to means test. Moreover, the "bonds" in the phantom social security trust fund are bonds in name only. This is confirmed by a careful reading of the Social Security enabling statute, as well as two U.S. Supreme Court cases.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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