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Regulation and Compliance > Legislation

New Bill Creates Social Security, Medicare ‘Lock Box’

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New legislation, the Social Security and Medicare Lock-Box Act, would create a “lock box” for any payroll tax surplus in the programs’ trust funds and prevent the money from being invested in U.S. bonds, such as Treasurys. A commission would be established to determine how to invest the surplus.

Advocacy groups for older adults do not support the bill, H.R. 853.

“While the legislation does not specify what other types [of investments], it would establish a new Social Security and Medicare Part A Investment Commission to make recommendations,” Mary Johnson, Social Security and Medicare policy analyst for The Senior Citizens League, told ThinkAdvisor Wednesday in an email. “In other words, it directs investment of payroll taxes into what would ultimately be more risky investments than we have today, and even private equities.”

The bill, introduced by Rep. Tim Walberg, R-Mich., has been floated previously. In February 2021, Walberg introduced H.R. 1269, which he said “would protect future surpluses by creating a lockbox that prevents these funds from being spent on other federal programs.”

The bill, Johnson relayed, “would completely change the current system and could put the retirement and Medicare benefits of tens of millions of retirees in doubt — especially in years like we have just experienced in 2022 when many retirement accounts lost roughly a quarter of their value.”

Nancy Altman, president of Social Security Works, added in another email that Walberg’s bill is a ”messaging bill, but the message makes no sense.”

A “lock box,” Altman said, “is a sound bite that makes no more sense than if Congress said Social Security and Medicare should put their accumulated surpluses under the mattress. Over the years, many have recommended that those portfolios be diversified and invested in stocks as well as bonds, but from the beginning, Congress has always required that workers’ contributions should be held in the safest investment on Earth — Treasury bonds backed by the full faith and credit of the United States.”

Walberg “either doesn’t understand that these reserves are properly invested and accounted for or is cynically playing into the erroneous fear of many that Congress has stolen those funds,” Altman said. “If Rep. Walberg is sincerely concerned about Social Security’s and Medicare’s investments being honored, he should support the immediate enactment of an increased debt limit with no strings or delay.”

The earlier lock-box proposals “differed in that CDs were specified as an alternative to government bonds,” Johnson said.

This new proposal by Walberg is “much different in that it did not specify the alternate investments and left that open for a Commission,” Johnson added. “At the time the Lock Box was proposed in the past, there was discussion of benefit cuts as there is now. The Senior Citizens League has supported earlier versions of a Lock Box bill that specified investments into CDs.”

Retirement investors “with a 401(k), IRA, Roth or other type of retirement account should be very nervous about the whole idea and how that may change the long term prospects for growth and income of equities we may hold now for better or for worse,” Johnson added.

Based on past surveys, Johnson relayed, “the majority of current retirees oppose this sort of privatization of Social Security and Medicare.”


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