Captain America and Social Security

Today’s post was inspired by a question from David, who asked:

Wouldn’t [Captain America] be able to collect Social Security? After all, he must be in his nineties by now!

I. Age

Collecting Social Security benefits has a few different requirements, some of which vary according to the age of the beneficiary.  Earth-616 Steve Rogers was born on July 4, 1922, which would make him 90 now.  Most importantly, he was born before 1937, so his full-benefits retirement age is 65 (as opposed to 67 for someone born in 1960 or later).

We’re assuming that his age would be calculated according to the calendar rather than his biological age, but it isn’t 100% clear from the law which is correct.  The main part of the Social Security law (42 U.S.C. § 401 et seq) refers to people having “attained the age of X” rather than referring directly to their date of birth.  Luckily, comic book Cap has been unfrozen long enough that it doesn’t matter.  Rogers was frozen, at the latest, on April 18, 1945 (i.e. at the age of 22) and then thawed out in 1964 (i.e. at the calendar age of 42).  That would give him a biological age of 70 and a calendar age of 90.  So however his age is calculated, he’s eligible to collect benefits.  The only question is: how much would he get?

II. Earnings

Although the Social Security program had started by the time Rogers enlisted, members of the military did not pay Social Security tax.  However, military service from September 16, 1940 through December 31, 1956 is credited at $160/month in earnings, if the service member meets one of the following:

  • They were honorably discharged after 90 or more days of service, or they were released because of a disability or injury received in the line of duty; or
  • They are still on active duty; or
  • They veteran died while on active duty and someone is applying for survivors benefits.

Rogers’s special circumstances don’t quite fit any of these, but let’s assume he was either honorably discharged or has returned to active duty.  Since we have no idea how much Captain America earned during his post-thaw years, let’s assume that $160/month was his only eligible earnings.

Rogers enlisted in 1941.  I’m not sure when, exactly, so let’s say March (when Captain America #1 was published).  That would give 48 months of service.  At $160/month that’s $7,680 in credited earnings.  Because Rogers was born before 1929, he only needs to have accumulated 6 credits in order to be eligible for retirement benefits.  Before 1978 credits were called “quarters of coverage” and required earning at least $50 in a 3 month calendar quarter.  Rogers’s $160/month earnings credit would easily cover that, so he would have no problem accumulating enough credits.

III. Benefits

Unfortunately, calculating Social Security benefits is complicated, and none of the calculators I’ve found know how to handle Rogers’s particular situation.  To get a rough idea of how much he might be eligible for, I calculated the benefits for someone born July 4, 1922 who made $11,086 in 1951 (i.e. $7680 in 1951 dollars) and then $200/year through 1959 (the minimum amount needed to become eligible for retirement benefits) and then retired at 65.  The result?  A whopping $73 per month, or $876 per year, and that’s in 2012 dollars!

Of course, Captain America almost certainly continued to earn money during his post-thaw years.  But because Social Security benefits are calculated based on your 35 highest-earning years, Rogers’s 20 frozen years (during which he presumably earned nothing) put a significant hole in his earnings history.  If he retired in 1987 (at calendar age 65) he would have only about 27 working years behind him.  Those missing 8 years could substantially reduce his benefits.  By delaying retirement until age 70 he could both add more working years and earn a delayed retirement benefit.

IV. Conclusion

Captain America is likely eligible to draw Social Security retirement benefits, regardless of how his age is calculated, but his limited wartime earnings and years spent frozen mean that his benefits might not be all that huge.  On the other hand, since he can continue working indefinitely due to the effects of the super soldier serum, he’s probably not dependent on those benefits.

New Books in Political Science

Ryan and I were interviewed by Heath Brown for his podcast New Books in Political Science.  We had a great time doing the interview and we think you’ll enjoy it.  Thanks again to Heath for having us on!

Hendrix College Reminder

Just a reminder that I will be giving a talk about Law and the Multiverse and our upcoming book, The Law of Superheroes, at my undergraduate alma mater, Hendrix College, on November 13 at 4:10pm at Mills Library.  The event is open to the public and will be followed by a book signing.  I hope to see you there!

Castle: “Murder, He Wrote”

This episode of Castle has Castle and Beckett interfacing with a police department outside New York City, specifically in “The Hamptons.” The Hamptons are actually a collection of municipalities at the eastern end of Long Island including Southampton and East Hampton, each of which are subdivided into villages and hamlets such as Westhampton, Bridgehampton, Amagansett, and Montauk. This post will look at local law enforcement agencies, their jurisdictions, and inter-agency cooperation. Some spoilers do follow. Continue reading

Bookplates

For those of you interested in having your copy of The Law of Superheroes autographed, we are pleased to announce that we are now offering signed bookplates. Send us an email with your address information and any personalization requests, and we’ll mail you a bookplate!

Rewards, Unilateral Contracts, and Bat Family # 19

A reader named Richard recently emailed with an interesting situation from Batman Family # 19, a short-lived series from the late 1970s, just before the DC Implosion. Here are the facts: Man-Bat, a sometime villain who occasionally does a good turn, hands in a villain (Snafu) to the cops and inquires about the possibility of a reward. The police captain refuses to pay, saying that Man-Bat wasn’t going to get paid until he had paid for property he damaged during the apprehension of the villain.

So can the captain do that? Continue reading

Election Day Special

Here at Law and the Multiverse we take no position regarding the various elections being held today in the United States, but we thought it might be fun to take a look at some of the fictional candidates that have appeared in comic books over the years.  If you don’t like your choices this election, you might like them better after looking at some of these turkeys.

I. Thor Odinson (Earth-20604)

In this alternate reality, almost everyone on Earth has superpowers, and Thor is President of the United States.  Apparently this alternate United States also lacks the natural born citizen requirement to be president, since Earth-20604 Thor was born on Asgard to Asgardian parents and wasn’t a US citizen in 1783 when the Constitution was adopted.

Vice President: Reed Richards

Platform: Superpowers for everyone!  Just take these handy Skrull pills.  Side-effects may include superfast aging.

Legacy: Killed by invading Skrulls.  Who would’ve thought that Skrull technology could backfire?

II. Anthony “Tony” Stark (Earth-20318)

In this alternate reality, Tony Stark is President and the Exiles serve as his Secret Service detail.

Vice President: Unknown

Platform: Laissez-faire capitalism and a strong defense policy, presumably.

Legacy: Assassinated.  Apparently the Exiles weren’t such great bodyguards!

III. Tin Man (Earth-8)

An obvious DC analog to Tony Stark, Tin Man becomes President in an alternate reality that is an homage to the Marvel Civil War storyline.

Vice President: Americommando (Captain America, basically)

Platform: Metahuman registration.

Legacy: Assassinated (that seems to happen a lot with these guys).

IV. Alexander “Lex” Luthor (New Earth)

The only one of our fictional Presidents in a mainstream continuity, Lex had an initially successful (if duplicitous) presidency eventually undone by his maniacal obsession with defeating his enemies.  Very Nixonian.

Vice President: Peter Ross

Platform: A better tomorrow through technology (“A flying car in every garage”).

Legacy: Declared Batman and Superman to be public enemies, injected himself with Venom and kryptonite in order to fight Superman, went insane, and was impeached.  Succeeded by his Vice President.

V. Clark “Superman” Kent (unnamed alternate reality)

After Superman saves presidential candidate Peter Ross from an assassination attempt, his secret identity is revealed.  Ross lives but asks Kent to run in his place.  Kent wins in a landslide, though his eligibility for the presidency is questioned.  Ultimately the Supreme Court decides that Kent is a natural born citizen, since in this continuity he was sent to Earth as an embryo in a Kryptonian birthing matrix and ‘born’ after the rocket landed in Kansas.

Vice President: Sarah Hemming

Platform: “My friends, it is time to reject the politics of exclusion and, instead, embrace the politics of unity!”  “It will be a major goal of this administration to weed out the corruption and white-collar crime that drain our economy.  And on the matter of the economy…we must begin an all-out war on the deficit!”

Legacy: Reducing the national debt, rescuing a captive diplomat, founding the Civilian Ecology Corps, establishing an orbital solar energy program, creating low cost housing in Gotham, uniting the world’s superheroes in the pursuit of world peace, and eliminating the global arms trade.  Clearly a one term President if there ever was one.

Lucid

Lucid is the graphic novel series by Michael McMillian, best known for his role as the delightfully creepy quasi-evangelical-pastor-turned-cult-leader Steve Newlin from the second season of the HBO series True Blood. McMillian also worked on the True Blood graphic novel put out by IDW.

Lucid doesn’t have anything to do with vampires. Not yet anyway. It’s the story of a world where magic is real, where Merlin was a historical figure that did some pretty important stuff, and where combat mages are employed by Majestic Intelligence, a super-secret branch of… the Secret Service? Certainly the federal government, though this particular agency is so black that it makes the NSA look like a FOIA processing center. Continue reading

Castle: “Cloudy With a Chance of Murder”

I’m getting up to speed on the latest season of Castle, and there’s a quick pair of issues in episode two which aired back on October 1.  The first issue was brought to our attention by Naomi, who writes:

In [the] episode, a suspect is arrested and immediately calls for his lawyer. While they’re waiting for the lawyer to arrive, Beckett and Castle remain in the interrogation room and ignore the suspect, but openly discuss the case in front of him in a (successful) effort to bait him into saying something incriminating. Legally, is this kosher? If it had turned out that the suspect was guilty of the murder, would his outburst have been admissible in court?

So is this okay? Also, what’s the deal with the suggestion that someone is going to jail for violating environmental regulations? Spoilers inside! Continue reading

Allen County Author Fair

I will be signing books and answering questions at the Allen County Public Library‘s downtown branch from noon to 4:00PM tomorrow. There will be upwards of forty local authors in attendance, with panels on ebooks, self-publication, and teen literature. Hope to see you there!