No, the president cannot change Social Security

VERIFY readers asked if the president can change Social Security. Its tax rate and benefits are set by law, so it would take an act of Congress to change them.
Credit: Lane Erickson - stock.adobe.com

Social Security now pays out more money than it brings in, so payments rely largely on a trust fund built up by the Social Security Administration. That fund is projected to run out of money by the mid-2030s, which has led politicians in both parties to debate how Social Security should change to avoid a shortfall.

Prior to the election, the Harris campaign claimed then-candidate Donald Trump would cut Social Security, but President-elect Donald Trump has promised he will protect the program. Pam and other VERIFY readers sent us emails asking if Trump can unilaterally change or even end Social Security.

THE QUESTION

Can the president change Social Security?

THE SOURCES

THE ANSWER

This is false.

No, the president cannot change Social Security.

WHAT WE FOUND

The president cannot unilaterally change Social Security, including how it’s funded, how much it pays beneficiaries or how it’s taxed. Congress can, however, make changes to Social Security, and the president can make suggestions to Congress.

“Social Security’s tax rate and benefits are set by law,” Bankrate says. “So to tweak them, Congress must first change the law, and the president then needs to sign it.”

Social Security falls into a part of the federal budget called mandatory spending, according to the U.S. Treasury. Mandatory spending does not require an annual vote by Congress; instead, existing laws mandate the spending and determine how much should be spent each year.

In this case, the Social Security Act requires the government to provide payments to beneficiaries based on the amount of money they’ve earned and other factors, the Treasury says. The law, last amended in 2019, will continue to determine how much beneficiaries are paid and therefore how much the government spends on Social Security each year until the law is amended again.

Though the president can’t change Social Security on their own, they can propose changes to Congress. Since Republicans will have majorities in the Senate and House of Representatives in the next Congress, they may vote to amend the law per Trump’s proposals.

Other laws and policies may also impact Social Security’s finances, even if they don’t directly pertain to Social Security. These include some executive actions the president can do without Congressional approval.

For example, the Committee for a Responsible Federal Budget (CRFB) says mass deportations may negatively impact Social Security’s finances because it would reduce the number of immigrant workers paying into the trust fund.

Trump has proposed eliminating income tax on Social Security payments, which would also require Congress to pass legislation. The CRFB, the Tax Policy Center and the Tax Foundation all project that the proposal would make Social Security run out of money sooner because those taxes fund future Social Security payments.

Additionally, the president can remove the current Commissioner of Social Security and appoint a new one, the Society of Actuaries says. The Commissioner of Social Security is responsible for administering Social Security programs, but does not have the individual power to change how Social Security works.

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