I was wondering if politicians are exempt from asset forfeiture laws?
Also, whether politicians pay Social Security taxes, or do they have their own retirement fund?
Also, where could I find out about the benefit packages politicians pass for themselves?
You’re talking about US Federal politicians? Originally they neither paid social security nor received social security benefits since (like other federal employees ) they participated in the Civil Service Retirement System instead. But this changed in 1983, since when the President and members of Congress have all participated in the social security system. The Civil service Retirement System was closed, and replaced with the Federal Employees Retirement System, which pays supplementary benefits integrated with the benefits provided by the social security system.
(There may still be states which run their own benefit/retirement systems for some or all state employees, and state governor/legislators etc may participate in these rather than in the social security system. You’d need to check that on a state-by-state basis.)
As regards other benefits, congresscritters and the President get healthcare under coverage offered through the Obamacare Health Insurance Exchange.
The also get annual allowances intended to cover staff costs, travel, office expenses, mail and phone costs, etc, etc. The amount depends on how far the member’s home district is from Washington, and what office space in that district costs, but it’s usually fairly substantial (since they can employ up to 18 people, and salary costs and office costs for a staff that size do mount up). They have to provide a quarterly return showing how they spend this allowance, and those returns are available online.
UDS mentioned mail costs. Congressmen have franking privileges. That means that if they’re mailing a letter they can just sign the envelope and they don’t have to pay postage for the delivery. Strangely enough, the Vice President and former Presidents also have franking privileges. But the current President does not. Franking is supposed to be used only for official business and there is a Congressional Commission that monitors it. There are also limits on the amount of mail that can be franked although it’s pretty generous. And obviously nowadays the increase of electronic communication has made free postage less valuable.
Thanks, guys, I really appreciate your responses, it cleared the matter up for me.
So another question. with the FERS, are they liable for the social security offset like everyone else with a state-run pension plan is?
Why would they be?
However, keep in mind asset seizure relates to proceeds of crime, or involved in crime. So for example, Dennis Hasert - the money he took out of the bank in an illegal manner to pay someone could be seized, if it is determined a crime was being committed.
The question is whether paying someone to be quiet is a crime - if not, only the money pulled out in less-that-$10,000 increments is demonstrably part of a crime. Once the statute of limitations has expired, presumably it is no longer obstruction of justice to pay someone to shut up, since it does not actively block any prosecution. (IIRC the obstruction charge is for lying to police now, not for the crime way back when…)
However, the money still in the bank is his, and he earned it (allegedly) in a legal manner, so there is no reasonable grounds to seize it. Same for his home, car, etc.
The real threat with asset forfeiture is the original purpose of it - if the person is basically making his living mainly on a criminal enterprise, then he paid for his house and car from those funds and so those assets could be deemed “proceeds of crime”.
I’m not sure what happens, for example, if the person has a substantial non-criminal income, say a congressman who takes a bribe? Generally, I have not heard of the law going after the house or bank account because of this, unless they can trace the money going directly into buying the asset.
Also keep in mind that a lot of asset forfeitures in the news are about small amounts - less than $1,000. The cops pull over someone for DWB, take all their money, a few hundred. They don’t need evidence of a crime; it will cost the unlucky person far more to pay for a lawyer to get his money back, plus possible travel time.
Contrast that with a very high profile case, where the person is going to have to mount a major court fight anyway. He will have the lawyers to mount a fight, and the asset is probably worth fighting over, so unless the DA is sure he’ll win, it may not be worthwhile to try to take it.
If you are in FERS, you pay the full employee share of Social Security taxes, and collect whatever is accrued based on those years of service. This is unlike some state government pensions or CSRS, in which an employee does/did not pay Social Security taxes, and therefore does not collect Social Security benefits for such periods of service.
Not my question. I have 40 quarters so I am eligible for social security but I also have a state pension as a teacher so when I retire, my social security will be offset (reduced) by the amount I get from my pension. If a congressman is eligible for social security, is it offset by whatever funds they get from FERS?
No, because they pay Social Security taxes on their pay for being congressmen. The offset only applies if you’re receiving retirement benefits that you earned while not paying into Social Security (even if you have 40 quarters from another job).
And that’s not just for the Feds - my state pension will not cause a Social Security offset because I’ve been paying SS on my state salary.
Because you were not paying into Social Security at the time you were paying into the state pension. For older members of Congress, just like older Federal employees, who are covered by the CSRS system, their Social Security benefits would be offset in the same ways yours is, because while working under CSRS they were paying into that retirement system and not Social Security. Hence, no double-dipping.
Like others have said, no, because they paid into the Social Security system unlike employees under CSRS or some state/local retirement plans. They, too, are not double-dipping.