Gavin Howe
Social security laws are subject to change by various legislative and administrative bodies. In the United States, the Social Security Administration (SSA) is responsible for implementing and administering social security programs, often making regulatory changes to simplify rules and improve compliance. The SSA's recent regulatory actions include revisions to rules regarding service of process, updates to headquarters addresses, and amendments to the Privacy Act regulation. Additionally, legislative bodies such as Congress and the President play a crucial role in enacting laws that impact social security. For instance, the Bipartisan Budget Act of 2015 brought changes to social security laws regarding filing for retirement and spousal benefits. Another significant piece of legislation is the Social Security Fairness Act, which eliminates the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), addressing the reduction in benefits for public servants. These changes to social security laws demonstrate the dynamic nature of policies and the ongoing efforts to ensure fairness and effectiveness in the system.
| Characteristics | Values |
|---|---|
| Who can change laws regarding social security? | The President, in this case, President Biden |
| Bipartisan support in the House and the Senate | |
| The Social Security Administration | |
| Congress | |
| The Bipartisan Budget Act of 2015 | |
| The Social Security Fairness Act | |
| The Congressional Budget Office | |
| The Supplemental Security Income (SSI) program | |
| The Office of the Chief Actuary |
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What You'll Learn
The President
Additionally, the President has the authority to sign or veto social security bills passed by Congress. When a social security bill reaches the President's desk, they have the option to approve it, thereby enacting it into law, or veto it, returning it to Congress with their objections. A presidential veto can be overridden by a two-thirds majority vote in both the Senate and the House of Representatives.
Moreover, the President can use their public platform to raise awareness about social security issues and generate public support for their proposed reforms. They can utilise their State of the Union addresses, media appearances, and public speeches to explain their social security agenda and mobilise public opinion, which can indirectly influence the legislative process.
In conclusion, while the President of the United States does not have the unilateral power to change social security laws, they play a pivotal role in proposing, advocating for, and enacting social security legislation. Their ability to shape the legislative agenda, negotiate with Congress, and utilise their executive authority significantly influences the direction of social security policies in the nation.
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The House and the Senate
The Social Security Fairness Act, which eliminates the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) from the Social Security Act, was passed with bipartisan support in both the House and the Senate. The Act received the backing of lawmakers from both sides, and was signed into law by President Biden.
The WEP and GPO had been criticised as misguided, unjust, and unfair, as they reduced the benefits of former teachers, law enforcement officers, postal workers, and other public servants who later worked for other employers. The changes brought about by the Act will simplify the rules, making them less cumbersome to administer and easier for the public to understand and follow.
The Act will have a direct impact on approximately 230,000 Ohioans, ending the WEP and GPO reductions in their benefits. It will also affect those receiving spousal or survivor benefits, who must now apply by phone. The Social Security Administration (SSA) is processing pending or new claims and using automation to pay past-due benefits and increase monthly payments for those affected by the WEP and GPO.
The SSA has announced that from the week of February 24, 2025, they will begin paying retroactive benefits and increasing monthly payments for those affected. Beneficiaries will receive a one-time retroactive payment by the end of March, covering the increase in their benefit amount back to January 2024, when the WEP and GPO no longer apply. Most affected beneficiaries will begin receiving their new monthly benefit amount in April 2025.
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The Social Security Administration
In recent years, there have been several legislative changes and proposals aimed at improving and refining the social security system. For instance, the Bipartisan Budget Act of 2015 altered the laws surrounding the filing of retirement and spousal benefits. This change incentivizes delaying retirement benefits, as benefits increase for each month of delay, and eliminates the previous ability to simultaneously receive benefits and bonuses for delaying filing.
Another significant legislative change is the Social Security Fairness Act, which eliminates the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). This Act addresses the reduction in benefits for public servants who transition to other employers, ensuring they receive their earned benefits. The SSA is currently processing claims and adjusting monthly benefit payments to comply with this new law.
The SSA also faces challenges in implementing these changes, particularly in complex cases that require manual adjustments and case-by-case evaluations. They are working to expedite payments and streamline processes to ensure beneficiaries receive their updated benefits as soon as possible.
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The Bipartisan Budget Act
The BBA of 2018 included a continuing resolution, or the Further Extension of Continuing Appropriations Act, 2018, which lasted until March 23, 2018. Spending caps imposed by the Budget Control Act of 2011 were increased for both defense and non-defense spending, with defense spending increased to a greater degree. The defense discretionary funding cap was increased by $80 billion in FY2018 and $85 billion in FY2019, while the non-defense domestic discretionary spending cap was increased by $63 billion and $68 billion in FY2018 and FY2019, respectively.
The BBA of 2018 also included the Family First Prevention Services Act, which expanded federal funding for prevention services aimed at keeping children out of the foster care system. It provided almost $90 billion for hurricane relief efforts in Puerto Rico, the US Virgin Islands, Florida, and Texas, as well as for the 2017 California wildfires. It also included an additional four years of authorization for the Children's Health Insurance Program (CHIP).
The BBA of 2018 also suspended the debt ceiling until March 1, 2019, and repealed the Independent Payment Advisory Board (IPAB) that was part of the Affordable Care Act. It reinstated the nonbusiness energy property credit and the residential energy efficient property credit for certain costs.
The BBA 2019 was a two-year agreement that raised the budget caps for both defense and non-defense spending in FY 2020 and FY 2021. It increased the defense cap for FY 2020 by about $90 billion above the previous cap of $576 billion and raised the FY 2021 budget cap of $590 billion by about $81 billion. It also specified the funding levels for the Overseas Contingency Operations (OCO) account for FY 2020 and FY 2021.
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The Office of the Chief Actuary
One of the key functions of the Office of the Chief Actuary is to offer technical and consultative services to the Commissioner and the Board of Trustees of the Social Security Trust Funds. They provide expert testimony before Congressional Committees on the actuarial aspects of Social Security issues, ensuring that policymakers have the necessary information to make informed decisions. The office also develops estimates and analyses of proposals aimed at changing the SSI program, assessing their potential financial impact.
Additionally, the Office of the Chief Actuary is responsible for streamlining rules and regulations related to Social Security. They work to simplify rules, making them easier for applicants and recipients to understand and follow. This includes revisions to rules regarding the evaluation of medical evidence, the handling of evidence at the Appeals Council level, and updates to addresses for service of process in lawsuits involving Social Security claims.
The Chief Actuary of the Social Security Administration, as of January 2025, is Karen Glenn. Under her leadership, the office continues to play a crucial role in shaping Social Security policies and ensuring the well-being of beneficiaries. The office's analyses and projections are vital in addressing challenges and ensuring the long-term solvency of Social Security programs.
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Frequently asked questions
The President, lawmakers, senators, and representatives all have the power to change laws regarding social security. For example, President Biden signed the Social Security Fairness Act into law in January 2025. This law eliminates the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) from the Social Security Act.
The process of changing laws regarding social security typically involves proposing and enacting legislative changes. These changes can be proposed by policymakers, lawmakers, or through acts such as the Bipartisan Budget Act of 2015, which made changes to Social Security's laws about filing for retirement and spousal benefits. The Social Security Administration (SSA) also plays a role in implementing and processing changes to social security laws.
Changes to social security laws can have varying effects on individuals. Some changes may result in increased or decreased benefits, while others may impact the timing or process of receiving benefits. For example, the Social Security Fairness Act is expected to increase monthly benefits by an average of $360, and individuals may need to take action to ensure they receive the correct benefit amounts.
