Social Security

The Facts concerning Social Security are as follows:

1) The Social Security Act only requires aliens to be assigned numbers at the time of their lawful admission to the United States.

“(i) In carrying out the Commissioner’s duties under subparagraph (A) and subparagraph (F), the Commissioner of Social Security shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned):
(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so changed as to make it lawful for them to engage in such employment” [42 USC § 405(c)(2)(B) ]

2) Any person who wants to receive Social Security Benefits has to voluntarily request a social security number.

“to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person;…” [42 USC § 405(c)(2)(B)(II)]

3) American Citizens do not have to present a social security number when they start a new job.

“The term “employment” means … any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States…” [42 USC § 405(a)]

“The term “United States” when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.” [42 USC § 405(i)]

“The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.” [42 USC § 405(h)]

“…the Internal Revenue Code and the Regulations promulgated pursuant to the code do not contain an absolute requirement that an employer provide an employee social security number…” [Decision: EEOC v. Information Systems Consulting, CA3-92-0169-T]

4) The employer cannot discriminate against you if you refuse to provide a social security number.” 408. – Penalties

“(a) In general
“Whoever –
“(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.” [42 USC § 408(a)(8)]

5) Social Security is not sustainable over the long term at present.

“Unless changes are made, when you [today’s 25 year olds] reach age 63 in 2042, benefits for all retirees could be cut by 27 percent and could continue to be reduced every year thereafter. If you lived to be 100 years old in 2079 (which will be more common by then), your scheduled benefits could be reduced by 33 percent from today’s scheduled levels.” [Quote from www.ssa.gov as it read in 2004]

6) There is no account reserved or associated with a participant’s social security number.

“Social Security is largely a “pay-as-you-go” system with today’s taxpayers paying for the benefits of today’s retirees. Money not needed to pay today’s benefits is invested in special-issue Treasury bonds.” [Quote from www.ssa.gov as it read in 2004]

7) When a participant retires, the Social Security Program has no obligation for compensating the individual.

Those who pay into the Social Security Program have no vested interest. [see Flemming v. Nester 363 U.S. 603]