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Column: GOP and Musk unveil a threat to Social Security

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Column: GOP and Musk unveil a threat to Social Security

You may have been tempted to believe Donald Trump when he swore, along with some of his Republican colleagues, to protect Social Security. If so, the joke may be on you.

That concern emerged Monday when Sen. Mike Lee (R-Utah) uncorked a tweet thread on X labeling Social Security “a classic bait and switch” and “an outdated, mismanaged system.”

Twenty-three minutes after Lee posted the first of his tweets, it was retweeted by Elon Musk, who has been vested by Trump with a portfolio to root out inefficiencies in the government. Musk led his retweet with the comment “interesting thread”; if that wasn’t an explicit endorsement, it matched his way of amplifying others’ tweets, tending to give them credibility within the Musk-iverse.

It will be my objective to phase out Social Security, to pull it out by the roots.

— Sen. Mike Lee (R-Utah)

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Lee’s tweet thread, along with Musk’s apparent concurrence, serves as an outline of the arguments the GOP may use to undermine faith in Social Security, the better to soften it up for “reforms” that will translate into costs imposed on retirees, disabled workers and their dependents.

I recently reported on all the ways that Trump could quietly or secretly undermine his pledge to protect Social Security. Lee’s thread and Musk’s apparent endorsement are different — they amount to a frontal attack on the program.

While delving into Lee’s screed, we should keep in mind that he’s a leader of the cabal with the knives out for Social Security. As I’ve reported, during his first successful Senate campaign in 2010, he unapologetically declared, “It will be my objective to phase out Social Security, to pull it out by the roots.”

Lee said that was why he was running for the Senate, and added, “Medicare and Medicaid are of the same sort. They need to be pulled up.”

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So here he is, right out of the box.

Lee’s attack has four basic components. One is to bemoan the fact that Social Security is funded mostly by a tax, which he asserts the government can use for any purpose — not necessarily to cover retirement and disability benefits.

Another is to point out that the program’s reserves aren’t stored in individual accounts with workers’ names on them, but collected in “a huge account called the ‘Social Security Trust Fund.’”

A third is to claim that “the government routinely raids this fund. … They take ‘your money’” and use it for whatever the current Congress deems ‘necessary.’”

And a fourth is to complain that the trust fund is mismanaged: “If you had put the same amount into literally ANYTHING else — a mutual fund, real estate, even a savings account — you’d be better off by the time you reached retirement age, even if the government kept some of it!” He states: “Your ‘investment’ in Social Security can give you a return lower than inflation.”

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None of these is a new argument — they’ve been swirling around the conservative and Republican fever swamp like a miasma for decades. They’ve been consistently refuted and debunked. Lee can’t be unaware of that. Some of his arguments have a tiny nugget of truth at their center, but in his hands are twisted and manipulated out of recognition. Consequently, we can label his claims for what they are: Lies.

Let’s examine them one by one. (I asked Lee via a message at his office to justify his tweets, but haven’t heard back.)

Yes, Social Security is funded by taxes. So what? Lee’s salary as a senator is funded by taxes too. Does that make it illegitimate? It’s true that once a tax is collected Congress can decide to spend it however it wishes. But it’s also true that the payroll tax was enacted jointly with the provisions of the Social Security Act that designated the revenue for Social Security benefits.

As Supreme Court Justice Benjamin Cardozo observed in 1937, writing for the majority in a 7-2 opinion upholding the constitutionality of Social Security, it was clear that Congress intended the payroll tax to fund the benefits, for lawmakers “would have been unwilling to pass one without the other.”

It’s proper to note here that no one has ever proposed diverting Social Security revenues for any other purpose without recompense — except Republicans such as Lee. George W. Bush proposed converting Social Security into private accounts, which would have been tantamount to such a diversion — and a gift to Wall Street money managers eager to get their hands on the program’s trillions of dollars.

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But Bush’s 2005 privatization plan was stillborn and he quickly abandoned it.

It’s also true that the program’s revenues aren’t stored in individual accounts but in the trust fund. That’s right and proper: Social Security is a shared benefit; no one can know in advance what any worker’s benefits will be. They’re pegged to career earnings, but low-income workers get higher benefits relative to wages than higher-income workers. They’re also related to a worker’s personal and family situation — spouses, dependents, health and so on.

It also makes sense to invest the program’s revenues in a shared account, because large investments tend to perform better over time than those under the control of individuals, not least because that minimizes transaction costs.

That brings us to the notion that the government “routinely raids” the trust funds (there are two, actually — one to cover old-age benefits and the other to cover disability payments — but they’re generally treated as a single combined fund). The trust funds currently hold about $2.8 trillion in assets, all invested in U.S. Treasury securities.

Holding a T-bond, as anyone with the slightest knowledge of government fiscal policy is aware, means the bondholder has lent the money to the government, which can use it for any purpose Congress chooses and which must pay interest on the bond. Over the years, the government has used the money to build roads and other infrastructure and provide services. Using the borrowed money for these purposes allows the government to do so without raising income taxes, which would hit the wealthy harder than middle- or low-income Americans.

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Lee should ask his well-heeled patrons if they’d prefer to pay higher taxes because the government couldn’t borrow from the Social Security reserves. Anyone have any doubts about how they’d answer? Me neither.

In any event, the financial transactions related to the buying and redemption of the program’s Treasury holdings are fully disclosed every year by the program trustees in their annual report.

What about Lee’s assertion that investing in “ANYTHING else — a mutual fund, real estate, even a savings account,” would make you “better off by the time you reached retirement age.” This statement is as solid a compendium of financial ignorance as one might wish, even coming from a U.S. senator.

To begin with, if Lee thinks the Social Security trust fund should be invested in something other than Treasurys, he can take that up with his colleagues on Capitol Hill. They’re the ones who have mandated, by law, that the trust fund can be invested only in Treasurys. Over the years, proposals to widen the portfolio have been raised and abandoned, for several reasons. Some were concerned about the potential conflicts of interest inherent in a government program investing in the stock market; others that the returns from market investments are too volatile.

Savings accounts? Is Lee kidding? The rate on savings accounts offered to the average customer of Bank of America, to choose a commercial bank at random, is 0.01% a year. As I write, a 10-year Treasury bond yields about 4.2% annually.

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As for Lee’s assertion that “Social Security can give you a return lower than inflation,” the fact is that Social Security benefits are adjusted for inflation every year. They’re also lifetime benefits. Try to find an annuity plan that pays inflation-adjusted benefits for the life of the annuity holder and his or her spouse — for all but the richest people, it would be unaffordable or at least uneconomical.

Lee also reveals a fundamental misunderstanding about Social Security as a program. It’s not just a retirement program, but a combined retirement and insurance program.

Disabled workers — and their dependents — are entitled to benefits well beyond their contributions; the families of workers who die before retirement age receive benefits that include payments for children through age 17 — through age 18 if they’re in school. If those benefits were based on the balances in a worker’s individual account, then the families of those who have suffered untimely deaths could receive a pittance, running out while still needing help.

Lee concludes by urging his followers to “acknowledge the truth: Social Security as it now exists isn’t a retirement plan; it’s a tax plan with retirement benefits as an afterthought.” This is an outright falsehood. As it now exists, Social Security isn’t just a retirement plan, but a disability program. It’s funded by taxes, but to call retirement benefits “an afterthought” is so wrong it’s frightening.

What should we think about all this? Lee is a member of the Senate majority; his proposals could be a real threat to the program. The fact that they garnered an “attaboy” from Elon Musk should be their death knell. Let’s hope so.

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Courts rejects bid to beef up policies issued by California’s home insurer of last resort

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Courts rejects bid to beef up policies issued by California’s home insurer of last resort

Retired nurse Nancy Reed has been through the ringer trying to get insurance for her home next to a San Diego County nature preserve.

First, she was dropped by her longtime carrier and forced onto the state’s insurer of last resort, the California FAIR Plan, which offers basic fire policies — something thousands of residents have experienced at the hands of fire-leery insurance companies.

But what she didn’t expect was how hard it would be to find the extra coverage she needed to augment her FAIR Plan policy, which doesn’t cover common perils such as water damage or liability if someone is injured on a property.

She secured the “difference-in-conditions” policies from two insurers, only to be dropped by both before finally finding another for her Escondido home.

“I’ve lived in this house for 25 years, and I went from a very fair price to ‘we’re not insuring you anymore’ — and I’ve had three different difference-in-conditions policies,” said Reed, 71, who is paying about $2,000 for 12 months of the extra coverage. “And I’m holding my breath to see if I will be renewed next year.”

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Now, a Department of Insurance regulation that would have required the FAIR plan to offer that additional coverage has been blocked by a state appeals court — leaving the plan’s customers to find that insurance in a market widely considered dysfunctional.

The court ruled earlier this month that the order would have forced the plan to offer liability insurance, which was not the intent of the Legislature when it established the plan in 1968 to offer essential insurance for those who couldn’t get it.

“We appreciate that the court confirmed the California FAIR Plan is designed and intended to operate as California’s insurer of last resort, providing basic property coverage when it cannot be obtained in the voluntary market,” said spokesperson Hilary McLean.

Insurance Commissioner Ricardo Lara said he is “looking at all available options” following the decision. “I’ve been fighting so people can have access to all of the coverage the FAIR Plan is required by law to provide,” he said in a statement.

Lara has faced criticism from consumer advocates who’ve called for his resignation over his response to the state’s ongoing property insurance crisis.

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A FAIR Plan policy covers fires, lightning, smoke damage and internal explosions, as well as vandalism and some other hazards at an additional cost. But in addition to water damage and liability protection, it doesn’t cover such common perils as theft and the damage caused by trees falling on a house.

The demand for the additional coverage — commonly referred to as a “wrap-around” policy — has become even greater than in 2021 when Lara issued the order overturned on appeal.

The FAIR Plan at the time had about 160,000 active dwelling policies following a series of catastrophic wildfires, including the 2018 fire that nearly destroyed the mountain town of Paradise. By September, that number had grown to 646,000.

The insurance department lists less than two dozen companies that offer wrap-around policies, including major California home insurers such as Mercury and Farmers and a a number of smaller carriers.

Broker Dina Smith said that to find the coverage for her home insurance clients she needs to place about 90% of them with carriers not regulated by the state — with the combined coverage typically costing at least twice as much as a regular policy.

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“The [market] is very limited,” said Smith, a managing director at Gallagher.

Safeco has not written California wrap-around coverage since the beginning of the year and will begin non-renewing existing policies next month. Smith also said carriers are being selective, with the ones that offer the coverage often demanding exclusions, such as for certain types of water damage.

“If I’ve got a newer home with no prior claims … for liability losses, it’s going to be easy to write. If I get a home that is built in the 1950s that might still have galvanized pipes … that’s going to be a tough one,” she said.

Attorney Amy Bach, executive director of United Policyholders, a San Francisco consumer group, said the difference-in-conditions, or DIC, market is getting just as problematic for homeowners as the overall market.

“The market is not as strong as it needs to be … given how many people are in the FAIR Plan, and there aren’t as many DIC options — with the DIC companies being just as picky as the primary insurers,” she said.

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There is also confusion about the policies, she said. Her group is considering pushing for a law next year that would clearly label the coverage so consumers better understand what they are buying.

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Student Loan Borrowers in Default Could See Wages Garnished in Early 2026

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Student Loan Borrowers in Default Could See Wages Garnished in Early 2026

The Trump administration will begin to garnish the pay of student loan borrowers in January, the Department of Education said Tuesday, stepping up a repayment enforcement effort that began this year.

Beginning the week of Jan. 7, roughly 1,000 borrowers who are in default will receive notices informing them of their status, according to an email from the department. The number of notices will increase on a monthly basis.

The collection activities are “conducted only after student and parent borrowers have been provided sufficient notice and opportunity to repay their loans,” according to the email, which was unsigned.

The announcement comes as many Americans are already struggling financially, and the cost of living is top of mind. The wage garnishing could compound the effects on lower-income families contending with a stressed economy, employment concerns and health care premiums that are set to rise for millions of people.

The email did not contain any details about the nature of the garnishment, such as how much would be deducted from wages, but according to the government’s student aid website, up to 15 percent of a borrower’s take-home pay can be withheld. The government typically directs employers to withhold a certain amount, similar to a payroll tax.

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A borrower should be sent a notice of the government’s intent 30 days before the seizure begins, according to the website, StudentAid.gov.

The administration ended a five-year reprieve on student loan repayments in May, paving the way for forced collections — meaning tax refunds and other federal payments, like Social Security, could be withheld and applied toward debt payments.

That move ushered in the end of pandemic-era relief that began in March 2020, when payments were paused. More than 9 percent of total student debt reported between July and September was more than 90 days delinquent or in default, according to the Federal Reserve Bank of New York. In April, only one-third of the 38 million Americans who owed money for college or graduate school and should have been making payments actually were, according to government data.

“It’s going to be more painful as you move down the income distribution,” said Michael Roberts, a professor of finance at the Wharton School at the University of Pennsylvania. But, he added, borrowers have to contend with the fact that they did take out money, even as government policies allowed many to put the loans at the back of their minds.

After several extensions by the Biden administration, payments resumed in October 2023, but borrowers were not penalized for defaulting until last year. About five million borrowers are in default, and millions more are expected to be close to missing payments.

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The government had signaled this year that it would send notices that could lead to the garnishing of a portion of a borrower’s paycheck. Being in collections and in default can damage credit scores.

The government garnished wages before the pandemic pause, said Betsy Mayotte, president of the Institute of Student Loan Advisors, which provides free advice for borrowers. But the 2020 collections pause was the first she was aware of, she said, and that may make the deductions more shocking for people who have not had to pay for years.

“There’s a lot of defaulted borrowers that think that there was a mistake made somewhere along the line, or the Department of Education forgot about them,” Ms. Mayotte said. “I think this is going to catch a lot of them off guard.”

The first day after a missed payment, a loan becomes delinquent. After a certain amount of time in delinquency, usually 270 days, the loan is considered in default — the kind of loan determines the time period. If someone defaults on a federal student loan, the entire balance becomes due immediately. Then the loan holder can begin collections, including on wages.

But there are options to reorganize the defaulted loans, including consolidation or rehabilitation, which requires making a certain number of consecutive payments determined by the holder.

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Often, people who default on debt owe the smallest amounts, said Constantine Yannelis, an economics professor at the University of Cambridge who researches U.S. student loans.

“They’re often dropouts or they went to two-year, for-profit colleges, and people who spent many, many years in schools, like doctors or lawyers, have very low default rates,” he said.

This year, millions of borrowers saw their credit scores drop after the pause on penalties was lifted. If someone does not earn an income, the government can take the person to court. But, practically speaking, a borrower’s credit score will plummet.

Dr. Yannelis added that a common reason people default was that they were not aware of the repayment options. There are plans that allow borrowers to pay 10 percent of their income rather than having 15 percent garnished, for example.

The whiplash policy changes around the time of the pandemic were “a terrible thing from a borrower-welfare perspective,” Dr. Yannelis said. “Policy uncertainty is really terrible for borrowers.”

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Kevin Costner’s western ‘Horizon’ faces more claims of unpaid fees

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Kevin Costner’s western ‘Horizon’ faces more claims of unpaid fees

In the midst of attempting to complete filming on his western anthology ”Horizon: An American Saga,” Kevin Costner is facing another legal dispute over the production.

On Monday, Western Costume Co. sued Costner and the production companies behind the epic western, claiming unpaid costume fees and damages to some of the clothing during the filming of the series’ second episode.

“The costumes are costly to replace if damaged or not returned,” states the complaint, which included copies of invoices for about $134,000 in costume rentals. “Without a reasonable basis for doing so and/or with reckless regard to the consequences, defendants failed to pay for the rented costumes and failed to return the costumes undamaged.”

Western Costume, the iconic business based in North Hollywood, is seeking to recover roughly $440,000, including legal fees, according to the lawsuit filed Monday in Los Angeles Superior Court.

A spokesperson for Costner did not immediately respond to a request for comment.

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The lawsuit is the latest in a series of legal and financial problems that have dogged the sprawling western drama, which Costner directed, co-wrote, starred in and partially funded.

In May, United Costume Corp., sued the production, claiming $350,000 in unpaid fees for the first two chapters of “Horizon.” Two months later, the costume firm filed to dismiss the suit with prejudice.

In May, Devyn LaBella, a stunt performer on “Chapter 2,” sued the production for sexual discrimination, harassment and retaliation in Los Angeles Superior Court. LaBella alleged an unscripted rape scene was filmed without the presence of a contractually mandated intimacy coordinator.

In a motion filed in August to get the suit tossed, Costner said he had reviewed LaBella’s complaint and was “shocked at the false and misleading allegations she was making.”

In October, a Los Angeles Superior Court judge denied Costner’s anti-SLAPP motion to dismiss the case. The judge also denied LaBella’s claim that Costner had interfered with her civil rights through the use of intimidation or coercion with respect to her participation in the filming of a rape scene, but allowed several of her other claims to proceed.

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The case is pending.

The production is also facing an arbitration claim for alleged breaches in its co-financing agreement with its distributor New Line Cinema and City National Bank, “Horizon” bondholder, according to the Hollywood Reporter.

In June 2024, “Chapter 1” of the planned four-part series was released in theaters followed by a streaming broadcast on HBO Max, but it was largely panned by critics.

In its review, The Times described “Horizon” as “a massive boondoggle, a misguided and excruciatingly tedious cinematic experience.”

It failed at the box office, grossing just $38.8 million worldwide, on a reported $100 million budget.

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“Chapter 2” premiered at the Venice International Film Festival last September, but its theatrical release was pulled and remains indefinitely delayed, while the final two chapters remain in production or development, according to IMDb.

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