But if the Spouse Is….
Here’s a well written article that appeared today in the San Francisco Chronicle. It’s by Andrew Lee, an undergraduate student at Claremont McKenna College in California.
Hat tip to Steve Miller’s Culture Watch (who credits “Right Side of the Rainbow.”)
Andrew Lee writes: “As it is now, same-sex couples cannot receive Social Security survivor benefits or dependent benefits because they are not married under federal law. If Social Security were privatized, however, the federal government could not regulate the beneficiaries of private accounts. Same-sex partners, like any other beneficiary, could receive survivor benefits or dependent benefits.”
Surely this all depends on future legislation. Congress could change the law to enable same-sex couples to receive Social Security survivor benefits or dependent benefits. Equally, it could change the law to enable the federal government to regulate the beneficiaries of private accounts. After all, the various proposals to ‘privatize’ or ‘personalize’ social security all envisage some measure of government regulation.
Ideally a private system would expand benefits to gay couples. Ideally being the operative word. A large part of the problem lies in what Mr Bush’s plan means by “private.” His system, while most likely much more solvent, diversfied, and actually sensical would offer more choice, it still would be regulate intensely by the Federal government. Who’s to say that these accounts won’t be subject to underlying rules of how they can and can’t be traded.
Naturally we need a system that allows Americans (gay and lesbian couples included) to take charge of their own finances, but after the White House’s revisions, and the legislative compromise apparatus, I think there is the potential to see a much different proposal than CATO’s or the original Bush plan.
So you can’t divvy up your inheritance to whoever you want? Whose will is it anyway?
The point, LB, is that, unlike a private account you own–which is an asset you can will–your Social Security income ends when you do,is not an asset, and therefore cannot be willed to anyone. Because of the way the regulations are currently written, your (heterosexual) spouse now gets something…but that’s not due to a property right, merely a regulation open to change. There is no regulatory recognition of any inheritance rights of same-sex couples.