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33 Elder L.J. 1 (2025)

handle is hein.journals/elder33 and id is 1 raw text is: GENDER DISPARITY IN SOCIAL SECURITY Kathryn L. Moore Facially neutral, the U.S. Social Security system structurally discriminates against women because it prefers those who successfully fulfill the traditional male breadwinner role rather than the traditional female caregiving role. Overall, women receive lower worker benefits, are much more likely to claim spouse and surviving spouse benefits, and are more dependent on Social Security for their retirement benefits than are men. This Article assesses Social Security's disparate treatment of women and how Social Security might be reformed to enhance benefits for women. It begins by providing a broad overview of Social Security benefits. It then discusses how women and couples fare under Social Security. Finally, it addresses four different types of proposed reforms that have been introduced to address the disparate treatment of women and certain couples: (1) reforming surviving spouse benefits; (2) reforming the special minimum benefit; (3) providing recognition of caregiving through caregiver credits or dropping out years of caregiving in calculating benefits; and (4) replacing spouse and surviving spouse benefits with earnings sharing. Kathryn L. Moore is the Stites & Harbison Professor of Law, University of Kentucky J. David Rosenberg College of Law. The author would like to thank the conveners of the American Tax Policy Institute's Symposium, It's a Man's World: Revealing and Ad- dressing Hidden Gender Bias in Tax Law and Policy, for inviting her to participate in the symposium and the participants in the symposium for their feedback. The author would also like to thank Katie Nipper for her research assistance.