Difference between revisions of "ESC11-Materiali"
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| − | + | Provision to opt out of Soc. Sec. within 6 mos. of reacnihg the age of majority?This msg. is for Ed Wahler. I tried to use the email contact feature, but it does not appear to be working.I recently listened to an archived broadcast of an internet call-in show that you hosted. In that show, you stated that those who had been enrolled in Social Security as a minor could opt out within 6 months of attaining the age of majority. I would like to know if that is a written provision in U.S. law, or if you base that statement on established common law.I would also like to point out that in the course of your show, you appear to assert that proper notice of the opt out provision has been given because it appears some place in printed laws and/or regulations. Under the common law of contracts, effective notice of applicable terms and provisions of an agreement that are written elsewhere would only apply if the participant was already an adult U.S. citizen before he submitted the SS-5. Only then could he be presumed to know U.S. laws and regulations. One who is foreign to another nation/corporation/etc. is not presumed to know the laws of that foreign entity. So there would need to be some referral to the rules and regulations on the Form SS-5 or in the instructions to that form (because Form SS-5 refers the applicant to the instructions) for effective notice to exist. | |
Revision as of 10:23, 6 June 2012
Provision to opt out of Soc. Sec. within 6 mos. of reacnihg the age of majority?This msg. is for Ed Wahler. I tried to use the email contact feature, but it does not appear to be working.I recently listened to an archived broadcast of an internet call-in show that you hosted. In that show, you stated that those who had been enrolled in Social Security as a minor could opt out within 6 months of attaining the age of majority. I would like to know if that is a written provision in U.S. law, or if you base that statement on established common law.I would also like to point out that in the course of your show, you appear to assert that proper notice of the opt out provision has been given because it appears some place in printed laws and/or regulations. Under the common law of contracts, effective notice of applicable terms and provisions of an agreement that are written elsewhere would only apply if the participant was already an adult U.S. citizen before he submitted the SS-5. Only then could he be presumed to know U.S. laws and regulations. One who is foreign to another nation/corporation/etc. is not presumed to know the laws of that foreign entity. So there would need to be some referral to the rules and regulations on the Form SS-5 or in the instructions to that form (because Form SS-5 refers the applicant to the instructions) for effective notice to exist.
