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Ric Robson

I've spoken with Roger Moore, the Nebraska attorney who won the Petersen v. Michael Astrue case.

 

I have an extensive employment background in pensions, actuarial science, computerized pension administration, pension plan legal text writing, accounting and trust fund accounting, and I have more than a little experience in writing legal Pension Plan Documents.

 

And, I've read the relevant section of Title 42 regarding WEP.

 

1)  WEP CANNOT BE APPLIED to anyone whose "alien" (foreign service) social security pensions are covered by an International Agreement on Pensions ("totalization" agreements) ... of which there are about 23 nations in agreement...

2)  WEP itself in my opinion is illegal... no matter WHO the applicant petitioner might be ... The Federal Government DOES NOT FUND Social Security Pensions ... the funding comes from employee FICA contributions (Federal Insurance Contributions Act) AND a payroll tax levied on the employers.  These monies are deducted from EARNED INCOME.  The Federal Government BORROWS the SS Pension Funds at extremely low rates of interest ... IN RETURN FOR ITS PROMISE / INSURANCE to maintain the solvency of the plan during any cyclical period when claims might exceed annual pension/premium receipts...

3)  WEP was introduced as a modification to the Social Security Benefit Formula ... BUT DID NOT MAKE ANY ALLOWANCE FOR REFUNDS in the event of an offset ... THEREBY CONVERTING AN INSURANCE PREMIUM to a DIRECT INCOME TAX ...

 

... BUT IT WAS NEVER PRESENTED TO CONGRESS AS AN AMENDMENT TO INCOME TAX ACT ...

 

Any insurer who collects and retains an insurance premium for a "benefit" that the insurer KNOWS IT WILL NEVER PAY ... is guilty of INSURER FRAUD ... plain and simple ...

 

Demonstration on point:   Whenever an individual changes jobs between social security covered employment, he/she will pay social security FICA premiums in both jobs ... BUT RECEIVE A REFUND of the overpayment when they file his/her annual information/income tax return ...

 

The Social Security Administration has been fraudulently collecting and retaining FICA premiums since the very early 1980's ...

 

The accumulated actuarial value of this fraud is likely $80 - $90 Billion dollars at this point, and is increasing at $4 - $6 Billions per year...

 

AND where 2,000,000 people are currently being shorted on their pensions, the states in which they live have been shorted critical revenues to the states ... with respect to cash infusion to the private sector economies AND WITH RESPECT to potential income taxes that the states would otherwise have collected...

 

THIS SITUATION IS SO SIMPLE ... (but "overwhelming" in its accumulated amount !) that I've got to believe that SSA's Chief Actuary, who was employed at the time of WEP implementation, certainly knew of the legal fallacy of WEP ... and it seems SO SIMPLE that those in the Regan Administration at the time, WOULD HAVE KNOWN THAT THE DAY WOULD COME when someone would put it all together...

 

But now the financial "time bomb" might mean to some that Social Security must be terminated as "unsustainable" (the Regan / Republican objective all along !!!!!!!)

 

... but here's the point:   Social Security Pension Trust Funds are over 20 years away from even needing the short term solvency assurance of the Federal Government... and, even then the actuarial estimates are that the solvency assistance will only be required for about 8 years...

 

The stupidity of this mess is that if we get even 2% of the current 18% unemployed back to work, and grow the numbers of employed participants by 2% per year, the SSA "funding dilemma" goes away forever !!!!!!!

 

So let's not allow the Repbulicans to panic us ... Let's just get back to work...

 

And, by-the-way, if my appeal isn't granted, I will bring a class action lawsuit, in pro per (just try and get a lawyer to take this on... Roger Moore didn't want it !!!!!)

 

My e-mail is ricrobson@yahoo.com    ... feel free to contact me.

 

Sincerely,

 

Ric Robson

 

2 years, 2 months ago on The Social Security Administration’s Windfall Elimination Provision

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