Laura C. Bornstein (J.D. 2010, Georgetown) has published Homemakers and Social Security: Giving Credits Where Credits Are Due, 24 Wis. J.L. Gender & Soc'y 255 (2009). Here is part of the Introduction:
I argue that Congress should amend the Social Security Act to allow people whom I will refer to as “homemakers” (those who have forgone or significantly reduced their participation in the labor force in order to take on caregiving responsibilities to opt into the Social Security system. In Part I of the Article, I summarize and then critique the Act's current treatment of homemakers, with a particular focus on the inadequacy of the derivative benefits provisions as they apply to former or current spouses. I begin Part II by explaining why, according to the theory of judicial underenforcement, Congress is obligated to cure these defects in the Act. I then recommend that Congress eliminate derivative benefits for spouses and adult caregivers and instead offer an elective “homemaker credits” program. In lieu of limited and indirect derivative benefits, homemakers could choose to pay into Social Security and receive independent old-age benefits in return for their work inside the home. I contrast my plan with the two most frequently discussed proposals for incorporating unpaid domestic work into the Social Security system: (A) imposing a payroll tax on the work in order to fund the homemaker's social security benefits, and (B) leaving the work untaxed and awarding “free” benefits. Part III explores homemaker credits programs in other countries. Japan, Ireland, and Germany have all created opt-in public pension schemes for homemakers, united in purpose but varied in their specifics. By comparing these programs to each other and compiling their best features, Congress can construct a maximally inclusive and fair homemaker credits program. Part IV anticipates and responds to accusations of administrative impracticability that might be raised against a proposal for a homemaker credits program in the United States. In this section, I tackle such practical matters as defining “homemaker,” calculating imputed income, and determining tax liability.




