scholarly journals Are the social security benefits of pensions or child-care policies best financed by a consumption tax?

2016 ◽  
Vol 12 (3) ◽  
pp. 94-112
Author(s):  
Masatoshi Jinno ◽  
Masaya Yasuoka
Keyword(s):  
Child Care ◽  
Social Security ◽  
Consumption Tax ◽  
The Social ◽  
Care Policies ◽  
Child Care Policies ◽  
Social Security Benefits

scholarly journals Apontamentos sobre a Efetividade da Tutela Jurisdicional em Matéria Previdenciária

2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Aline Machado Weber
Keyword(s):  
Social Security ◽  
Public Administration ◽  
Legal Proceedings ◽  
Procedural Law ◽  
The Social ◽  
De Se ◽  
Critical Issues ◽  
Judicial Proceedings ◽  
The Common ◽  
Social Security Benefits

APONTAMENTOS SOBRE A EFETIVIDADE DA TUTELA JURISDICIONAL EM MATÉRIA PREVIDENCIÁRIA   NOTES ON THE EFFECTIVENESS OF JURISDICTIONAL PROTECTION IN SOCIAL SECURITY MATTERS  RESUMO: Ações em que se postula a concessão de benefícios previdenciários consistem em substancial parcela das demandas judiciais em curso no país. A despeito da sua importância em termos quantitativos, porém, ainda é tímido o interesse da doutrina no direito previdenciário pelo seu viés processual. O presente trabalho tem por objetivo analisar a tutela jurisdicional em matéria previdenciária enquanto instrumento hábil a equacionar os relevantes valores constitucionais em discussão. Vale-se, para tanto, da noção de lide previdenciária, na qual residiria o traço distintivo do processo judicial previdenciário. Em um primeiro momento, objetiva-se delinear a demanda judicial previdenciária, discorrendo sobre seu caráter individual e multifatorial, com destaque para a influência da Administração Pública e do Poder Judiciário no incremento da litigiosidade nessa seara. Em um segundo momento, analisa-se o processo judicial previdenciário, destacando os pontos críticos que impedem seja ele um processo de resultados, a saber, o distanciamento entre as esferas administrativa e judicial, a inadequação do procedimento comum, o excesso de instrução probatória e a postura pouco colaborativa das partes. Pretende-se, enfim, perquirir sobre a conveniência de se falar em um direito processual previdenciário e sobre as possibilidades que se abrem, a partir daí, para que esse processo judicial atinja seus escopos. PALAVRAS-CHAVE: Direito Previdenciário; Benefícios Previdenciários; Processo Judicial Previdenciário; Instrumentalidade; Eficiência. ABSTRACT: Lawsuits in which the concession of social security benefits is pursued comprise a substantial portion of lawsuits ongoing in the country. Despite its importance in quantitative terms, however, doctrine has still little interest in social security law in its procedural aspect. The present work has the purpose to analyze the jurisdictional protection in social security benefits matters as an apt instrument to equate the relevant constitutional values in discussion. It assumes, therefore, the concept of social security case, in which resides the distinctive feature of the welfare judicial proceedings. At first, the objective is to delineate the social security litigation, discussing its individual and multifactorial character, emphasizing the influence of public administration and the judiciary in the increase of litigation in this area. In a second moment, we analyze the social security judicial proceedings, highlighting the critical issues that prevent it to be a process of results, namely the distance between administrative and judicial realms, the inadequacy of the common procedures, excess of discovery phases, and little collaborative parties. We intend, ultimately, to assert the convenience of talking about a specific social security procedural law and the possibilities that are open, thenceforth, in order that these judicial proceedings reach its purposes. KEYWORDS: Social Security Law; Social Security Benefits; Social Security Legal Proceedings; Instrumentality; Efficiency.

scholarly journals Perceiving Reconciliation: Child Care Policies and Gendered Time Conflicts

2017 ◽  
Vol 31 (5) ◽  
pp. 597-623 ◽  
Author(s):  
Isabelle Stadelmann-Steffen ◽  
Dominique Oehrli
Keyword(s):  
Child Care ◽  
Care Policies ◽  
Child Care Policies

scholarly journals Actuarial fairness in social security calculations: application of a multiple decrement model to compare the social security factor and minimum age rules

2018 ◽  
Vol 29 (78) ◽  
pp. 469-486
Author(s):  
André Luiz Lemos Andrade Gouveia ◽  
Filipe Costa de Souza ◽  
Leandro Chaves Rêgo
Keyword(s):  
Social Security ◽  
Constitutional Amendment ◽  
Social Welfare Policy ◽  
Social Security Reform ◽  
Standard Family ◽  
The Social ◽  
Actuarial Fairness ◽  
Minimum Age ◽  
Current Scenario ◽  
Social Security Benefits

Abstract It has been shown that under the social security factor rule current contribution rates are insufficient to cover social security benefits, since the actuarially fair rates are 30.69% and 35.27% for men and women, respectively. However, if the social security reform were approved as submitted, the fair rates would be reduced to 22.25% and 21.60%, respectively. Besides the minimum age, part of this reduction is due to the proposed rules allowing pension values lower than the minimum wage. These results served the objective of this work, which was to compare the actuarially fair social security rates for the General Social Welfare Policy (GSWP), based on the social security factor rules and the minimum age proposal present in Proposed Constitutional Amendment n. 287/2016. The demographic changes that have taken place in Brazil in recent years raise questions about the sustainability of the national social security system and approving social security reform has been a government priority. Therefore, there is an undisputed need for an actuarial study that calculates actuarially fair rates and compares the current scenario with the reform proposals. Multiple decrement actuarial models were used to calculate the fair rates considering a standard family (25-year-old worker, spouse, and two children), in which the man is three years older than the woman. The IBGE 2015 Extrapolated (mortality) and Álvaro Vindas (disability) tables were adopted as biometric assumptions, and a real wage growth rate of 2% p.a. and real interest rate of 3% p.a. were used.

scholarly journals Legal Issues in The Implementation of National Social Security System on Labour in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 03019
Author(s):  
Tedi Sudrajat ◽  
Siti Kunarti ◽  
Abdul Aziz Nasihuddin
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Health And Safety ◽  
Legal Protection ◽  
Social Security System ◽  
Security System ◽  
Safety Assurance ◽  
The Social ◽  
The Government ◽  
Social Security Benefits

The Social Security System in Indonesia has been regulated by the government, and the program is managed by an agency called Social Insurance Administration Organization (BPJS). Associated with the existence of social security functions for workers, its practice presents a gap between what is expected and what is regulated. For this reason, it is therefore necessary to examine, firstly, what kind of legal protection of workers is covered by this national social security system managed in BPJS program and, secondly, what constraints are encountered in its implementation. This research is Juridical Normative one, with normative qualitative data analysis. The research finds that the social security is correlated not only with the welfare of employees who are assessed by the level of wages provided by the organization, rather it is also correlated with other factors in the form of health and safety assurance. In the broader context, social welfare is measured not only when the person is at work and gets social security benefits, rather the measure of his welfare is also applicable when the worker is not working and/or when they retire. On the basis of these, the social security program is an integral aspect of social security to which the government should give a legal protection.

scholarly journals Group Differences in Patterns of Retirement and Social Security Benefits Receipt in the United States

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 111-111
Author(s):  
Hyesu Yeo
Keyword(s):  
Labor Market ◽  
Social Security ◽  
Latent Class ◽  
The United States ◽  
Bivariate Analysis ◽  
The Social ◽  
Lower Health ◽  
Group Members ◽  
Group 2 ◽  
Social Security Benefits

Abstract Extended working lives are a clear phenomenon in the U.S. However, the Social Security benefits and old-fashioned retirement concept has not changed by the new trend. This study is to examine 1) whether retirement and Social Security benefits simultaneously happen as Social Security was planned, and 2) differences in groups based on the trajectories in retirement and Social Security benefits. This study used data from the Health and Retirement Survey (HRS) 2000-2016. The sample consisted of respondents the ages of 54 or older who worked for pay without receiving Social Security benefits in 2000 (N=1,924). A Latent Class Growth Analysis was conducted to classify the number of groups based on individuals’ trajectories in retirement and Social Security. The bivariate analysis tested group members’ characteristics. The final model included four groups: 1) ‘delayed retirement and Social Security,’ 2) ‘early Social Security but re-entry of the labor market after early retirement,’ 3) ‘delayed retirement but early Social Security,’ and 4) ‘retirement and Social Security at the same time point.’ The bivariate analysis demonstrated significant differences between groups in retirement age, Social Security age, education, health, and income. The result indicated that Group 2, with lower health status, education level, and income, was vulnerable in retirement. The group retired and received Social Security comparatively earlier, whereas they finally retired at the oldest age after reentering the labor market. This finding suggests that Social Security and retirement do not happen simultaneously, and Social Security is not enough for some people’s living.

scholarly journals The New Illegitimacy: Children of Cohabiting Couples and Stepchildren

2018 ◽  
Author(s):  
Cynthia Grant Bowman
Keyword(s):  
Social Security ◽  
Workers Compensation ◽  
Time Of Death ◽  
The Social ◽  
Cohabiting Couples ◽  
Social Security Act ◽  
Functional Equivalent ◽  
Death And Loss ◽  
Social Security Benefits ◽  
Wrongful Death

20 Journal of Gender, Social Policy & the Law 437 (2012)The legal treatment of children of unmarried parents and stepchildren must be changed if they are not to be disadvantaged in comparison with children of married parents. With respect to the areas of law discussed in this Article, legal reform is necessary in a variety of situations in which legitimate children receive what is the functional equivalent of posthumous support-that is, inheritance in the absence of a will, social security survivors benefits, workers' compensation, and tort suits for wrongful death and loss of consortium. Cohabitants and stepchildren of both married and unmarried parents should be added to the persons listed as the natural objects of a decedent's bounty under state intestacy law after they have lived together for two years or the adult cohabitants have had a child in common. The Social Security Act should be amended so as to treat illegitimate children genuinely as equal to legitimate children, by not requiring proof of actual dependency at the time of the death of the insured if they had a right to support at that time. Stepchildren of both married and unmarried parents should also be eligible for social security benefits if they were minors and dependent upon the insured stepparent when he or she died. Under workers' compensation laws, wrongful death statutes, and in common law loss of consortium cases, awards should be available to cohabitants' children and stepchildren on the same terms as to children of married parents; in most cases, this will involve dependency at the time of death. In the absence of legal change in all these areas, children will continue to be punished for their parents' failure to marry.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the Russian Federation

2020 ◽  
pp. 247-261
Author(s):  
Daria Popova
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Social Assistance ◽  
Legal Framework ◽  
Social Benefits ◽  
The Social ◽  
Care Family ◽  
Family Benefits ◽  
Social Security Benefits

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.

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