Office of the Commissioner; Cost-of-Living Increase and Other Determinations for 2010, 55614-55618 [E9-25930]
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms, does not become
operative for 30 days after the date of
filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, it has become effective
pursuant to Section 19(b)(3)(A) 9 of the
Act and Rule 19b–4(f)(6) 10 thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days after the
date of filing.11 However, Rule 19b–
4(f)(6)(iii) permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange requested that the
Commission waive the 30-day operative
delay, as specified in Rule 19b–
4(f)(6)(iii),12 which would make the rule
change operative immediately.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because it would allow the Exchange to
immediately begin to set the minimum
quotation size on a class-by-class basis
as is done currently on other
exchanges.13 Accordingly, the
Commission designates the proposed
rule change as operative upon filing
with the Commission.14
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.15
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires the self-regulatory
organization to give the Commission notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. ISE
has satisfied this requirement.
12 17 CFR 240.19b–4(f)(6)(iii).
13 See note 5, supra.
14 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
15 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–25828 Filed 10–27–09; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
SOCIAL SECURITY ADMINISTRATION
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–ISE–2009–84 on the subject
line.
[Docket No. SSA–2009–0064]
Office of the Commissioner; Cost-ofLiving Increase and Other
Determinations for 2010
Social Security Administration.
Notice.
AGENCY:
ACTION:
SUMMARY: Under title II of the Social
Security Act (Act), there will be no costof-living increase in Social Security
• Send paper comments in triplicate
benefits effective for December 2009. As
to Elizabeth M. Murphy, Secretary,
a result, the following items will remain
Securities and Exchange Commission,
at their 2009 levels:
100 F Street, NE., Washington, DC
(1) The Federal Supplemental
20549–1090.
Security Income (SSI) monthly benefit
amounts for 2010, under title XVI of the
All submissions should refer to File
Act, will remain $674 for an eligible
Number SR–ISE–2009–84. This file
individual, $1,011 for an eligible
number should be included on the
subject line if e-mail is used. To help the individual with an eligible spouse, and
$338 for an essential person;
Commission process and review your
(2) The special benefit amount under
comments more efficiently, please use
title VIII of the Act for certain World
only one method. The Commission will
post all comments on the Commission’s War II veterans will remain $505.50 in
2010;
Internet Web site (https://www.sec.gov/
(3) The student earned income
rules/sro.shtml). Copies of the
exclusion under title XVI of the Act will
submission, all subsequent
remain $1,640 per month in 2010 but
amendments, all written statements
not more than $6,600 in all of 2010;
with respect to the proposed rule
(4) The dollar fee limit for services
change that are filed with the
performed as a representative payee will
Commission, and all written
remain $37 per month ($72 per month
communications relating to the
in the case of a beneficiary who is
proposed rule change between the
disabled and has an alcoholism or drug
Commission and any person, other than addiction condition that leaves him or
those that may be withheld from the
her incapable of managing benefits) in
2010;
public in accordance with the
(5) The dollar limit on the
provisions of 5 U.S.C. 552, will be
administrative-cost assessment charged
available for inspection and copying in
to attorneys representing claimants will
the Commission’s Public Reference
remain $83 in 2010;
Room, 100 F Street, NE., Washington,
(6) The Old-Age, Survivors, and
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. Disability Insurance (OASDI)
contribution and benefit base will
Copies of such filing also will be
remain $106,800 for remuneration paid
available for inspection and copying at
in 2010 and self-employment income
the principal office of the Exchange. All
earned in taxable years beginning in
comments received will be posted
2010;
without change; the Commission does
(7) The monthly exempt amounts
not edit personal identifying
under the Social Security retirement
information from submissions. You
earnings test for taxable years ending in
should submit only information that
calendar year 2010 will remain $1,180
you wish to make available publicly. All and $3,140;
submissions should refer to File
(8) The ‘‘old-law’’ contribution and
Number SR–ISE–2009–84 and should be benefit base under title II of the Act will
submitted on or before November 18,
remain $79,200 for 2010; and
2009.
Paper Comments
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(9) The monthly amount deemed to
constitute substantial gainful activity for
statutorily blind individuals in 2010
will remain $1,640.
The national average wage index for
2008 is $41,334.97. The following items
are affected by this index:
(1) The dollar amounts (‘‘bend
points’’) used in the primary insurance
amount benefit formula for workers who
become eligible for benefits, or who die
before becoming eligible, in 2010 will be
$761 and $4,586;
(2) The bend points used in the
formula for computing maximum family
benefits for workers who become
eligible for benefits, or who die before
becoming eligible, in 2010 will be $972,
$1,403, and $1,830;
(3) The amount of taxable earnings a
person must have to be credited with a
quarter of coverage in 2010 will be
$1,120;
(4) The monthly amount deemed to
constitute substantial gainful activity for
non-blind disabled persons will be
$1,000 in 2010;
(5) The earnings threshold
establishing a month as a part of a trial
work period will be $720 for 2010; and
(6) Coverage thresholds for 2010 will
be $1,700 for domestic workers and
$1,500 for election officials and election
workers.
FOR FURTHER INFORMATION CONTACT:
Jeffrey L. Kunkel, Office of the Chief
Actuary, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235, (410)
965–3013. Information relating to this
announcement is available on our
Internet site at https://
www.socialsecurity.gov/OACT/COLA/
index.html. For information on
eligibility or claiming benefits, call 1–
800–772–1213, or visit our Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
In
accordance with the Act, we must
publish on or before November 1 the
national average wage index for 2008
(section 215(a)(1)(D)), the amount of
earnings required to be credited with a
quarter of coverage in 2010 (section
213(d)(2)), the formula for computing a
primary insurance amount for workers
who first become eligible for benefits or
die in 2010 (section 215(a)(1)(D)), and
the formula for computing the
maximum amount of benefits payable to
the family of a worker who first
becomes eligible for old-age benefits or
dies in 2010 (section 203(a)(2)(C)).
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SUPPLEMENTARY INFORMATION:
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Cost-of-Living Increases
General
There will be no cost-of-living
increase for benefits under titles II and
XVI of the Act.
Computation
By law a cost-of-living increase for
benefits is set based on the percentage
increase in the Consumer Price Index
(CPI) for Urban Wage Earners and
Clerical Workers from the last
computation quarter (the third quarter
of 2008 in this case) to the third quarter
of the current year (2009 in this case).
Section 215(i)(1) of the Act provides
that the CPI for a cost-of-living
computation quarter shall be the
arithmetic mean of this index for the 3
months in that quarter. In accordance
with 20 CFR 404.275, we round the
arithmetic mean, if necessary, to the
nearest 0.001. The CPI for Urban Wage
Earners and Clerical Workers for each
month in the quarter ending September
30, 2008, is: For July 2008, 216.304; for
August 2008, 215.247; and for
September 2008, 214.935. The
arithmetic mean for that calendar
quarter is 215.495. The corresponding
CPI for each month in the quarter
ending September 30, 2009, is: For July
2009, 210.526; for August 2009,
211.156; and for September 2009,
211.322. The arithmetic mean for this
calendar quarter is 211.001. Thus,
because the CPI for the calendar quarter
ending September 30, 2009, is not
greater than the CPI for the calendar
quarter ending September 30, 2008, the
calendar quarter ending September 30,
2009, is not a cost-of-living computation
quarter and there is no cost-of-living
increase.
Other Program Amounts That Change
Based on the Cost-of-Living Increase
Several other program amounts also
adjust based on the cost-of-living
increase. These include the title VIII
benefit amount, the student earned
income exclusion, the fee for services
performed by a representative payee,
and the attorney assessment fee.
Because there will be no cost-of-living
increase, these program amounts will
not increase in 2010, but rather will
remain at their 2009 levels.
Program Amounts That Change Based
on the Increase in the National Average
Wage Index, but Only When There Is a
Cost-of-Living Increase
Certain other program amounts are
adjusted annually based on the increase
in the national average wage index,
rather than the CPI increase, but only if
there also is a cost-of-living increase in
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benefits that year (as determined under
section 215(i) of the Act). These
amounts include the OASDI
contribution and benefit base, the
retirement earnings test exempt
amounts, the ‘‘old-law’’ contribution
and benefit base, and the substantial
gainful activity amount for individuals
who are statutorily blind. Because there
is no cost-of-living increase this year,
these amounts will not increase in 2010,
but rather will remain at their 2009
levels.
Program Amounts That Change Based
on the Increase in the National Average
Wage Index, Without Regard to the
Cost-of-Living Increase
Some program amounts are adjusted
annually based on the increase in the
national average wage index whether
there is a cost-of-living increase in that
year or not. These include:
• The dollar amounts (‘‘bend points’’)
in the formulae used to compute the
primary insurance amount and
maximum family benefit for workers
who become eligible for benefits, or die
before becoming eligible, in 2010;
• The amount of taxable earnings
required to earn a quarter of coverage;
• The substantial gainful activity
amount for non-blind disabled
individuals;
• The earnings threshold to establish
a trial work period;
• The coverage threshold for election
officials and election workers; and
• The domestic employee coverage
threshold.
These amounts will increase in 2010
based on the increase in the national
average wage. In the sections that
follow, we explain the calculation of the
percentage increase in the national
average wage and the corresponding
increases in each of these program
amounts.
National Average Wage Index for 2008
Computation
We have determined the national
average wage index for calendar year
2008 based on the 2007 national average
wage index of $40,405.48 announced in
the Federal Register on October 30,
2008 (73 FR 64651), along with the
percentage increase in average wages
from 2007 to 2008 measured by annual
wage data. We tabulate the annual wage
data, including contributions to deferred
compensation plans, as required by
section 209(k) of the Act. The average
amounts of wages calculated directly
from these data were $38,760.95 and
$39,652.61 for 2007 and 2008,
respectively. To determine the national
average wage index for 2008 at a level
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that is consistent with the national
average wage indexing series for 1951
through 1977 (published December 29,
1978, at 43 FR 61016), we multiply the
2007 national average wage index of
$40,405.48 by the percentage increase in
average wages from 2007 to 2008 (based
on SSA-tabulated wage data) as follows,
with the result rounded to the nearest
cent.
for each year, by the corresponding ratio
to obtain the worker’s indexed earnings
for each year before 2008. We consider
any earnings in 2008 or later at face
value, without indexing. We then
compute the average indexed monthly
earnings for determining the worker’s
primary insurance amount for 2010.
Amount
The primary insurance amount is the
sum of three separate percentages of
portions of the average indexed monthly
earnings. In 1979 (the first year the
formula was in effect), these portions
were the first $180, the amount between
$180 and $1,085, and the amount over
$1,085. We call the dollar amounts in
the formula governing the portions of
the average indexed monthly earnings
the ‘‘bend points’’ of the formula. Thus,
the bend points for 1979 were $180 and
$1,085.
To obtain the bend points for 2010,
we multiply each of the 1979 bendpoint amounts by the ratio of the
national average wage index for 2008 to
that average for 1977. We then round
these results to the nearest dollar.
Multiplying the 1979 amounts of $180
and $1,085 by the ratio of the national
average wage index for 2008
($41,334.97) to that for 1977 ($9,779.44)
produces the amounts of $760.81 and
$4,585.99. We round these to $761 and
$4,586. Accordingly, the portions of the
average indexed monthly earnings to be
used in 2010 are the first $761, the
amount between $761 and $4,586, and
the amount over $4,586.
Consequently, for individuals who
first become eligible for old-age
insurance benefits or disability
insurance benefits in 2010, or who die
in 2010 before becoming eligible for
benefits, their primary insurance
amount will be the sum of:
(a) 90 percent of the first $761 of their
average indexed monthly earnings, plus
(b) 32 percent of their average indexed
monthly earnings over $761 and
through $4,586, plus
(c) 15 percent of their average indexed
monthly earnings over $4,586.
We round this amount to the next
lower multiple of $0.10 if it is not
already a multiple of $0.10. This
formula and the rounding adjustment
described above are contained in section
215(a) of the Act.
Multiplying the national average wage
index for 2007 ($40,405.48) by the ratio
of the average wage for 2008
($39,652.61) to that for 2007
($38,760.95) produces the 2008 index,
$41,334.97. The national average wage
index for calendar year 2008 is about
2.30 percent greater than the 2007
index.
Computing Benefits After 1978
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General
The Social Security Amendments of
1977 provided a method for computing
benefits that generally applies when a
worker first becomes eligible for benefits
after 1978. This method uses the
worker’s ‘‘average indexed monthly
earnings’’ to compute the primary
insurance amount. We adjust the
computation formula each year to reflect
changes in general wage levels, as
measured by the national average wage
index.
We also adjust, or ‘‘index,’’ a worker’s
earnings to reflect the change in general
wage levels that occurred during the
worker’s years of employment. Such
indexing ensures that a worker’s future
benefit level will reflect the general rise
in the standard of living that will occur
during his or her working lifetime. To
compute the average indexed monthly
earnings, we first determine the
required number of years of earnings.
Then we select that number of years
with the highest indexed earnings, add
the indexed earnings, and divide the
total amount by the total number of
months in those years. We then round
the resulting average amount down to
the next lower dollar amount. The result
is the average indexed monthly
earnings.
For example, to compute the average
indexed monthly earnings for a worker
attaining age 62, becoming disabled
before age 62, or dying before attaining
age 62, in 2010, we divide the national
average wage index for 2008,
$41,334.97, by the national average
wage index for each year prior to 2008
in which the worker had earnings. Then
we multiply the actual wages and selfemployment income, as defined in
section 211(b) of the Act and credited
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Computing the Primary Insurance
Amount
Maximum Benefits Payable to a Family
General
The 1977 amendments continued the
long established policy of limiting the
total monthly benefits that a worker’s
family may receive based on his or her
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primary insurance amount. Those
amendments also continued the then
existing relationship between maximum
family benefits and primary insurance
amounts but changed the method of
computing the maximum amount of
benefits that may be paid to a worker’s
family. The Social Security Disability
Amendments of 1980 (Pub. L. 96–265)
established a formula for computing the
maximum benefits payable to the family
of a disabled worker. This formula
applies to the family benefits of workers
who first become entitled to disability
insurance benefits after June 30, 1980,
and who first become eligible for these
benefits after 1978. For disabled workers
initially entitled to disability benefits
before July 1980, or whose disability
began before 1979, we compute the
family maximum payable the same as
the old-age and survivor family
maximum.
Computing the Old-Age and Survivor
Family Maximum
The formula used to compute the
family maximum is similar to that used
to compute the primary insurance
amount. It involves computing the sum
of four separate percentages of portions
of the worker’s primary insurance
amount. In 1979, these portions were
the first $230, the amount between $230
and $332, the amount between $332 and
$433, and the amount over $433. We
refer to such dollar amounts in the
formula as the ‘‘bend points’’ of the
family-maximum formula.
To obtain the bend points for 2010,
we multiply each of the 1979 bendpoint amounts by the ratio of the
national average wage index for 2008 to
that average for 1977. Then we round
this amount to the nearest dollar.
Multiplying the amounts of $230, $332,
and $433 by the ratio of the national
average wage index for 2008
($41,334.97) to that for 1977 ($9,779.44)
produces the amounts of $972.15,
$1,403.27, and $1,830.17. We round
these amounts to $972, $1,403, and
$1,830. Accordingly, the portions of the
primary insurance amounts to be used
in 2010 are the first $972, the amount
between $972 and $1,403, the amount
between $1,403 and $1,830, and the
amount over $1,830.
Consequently, for the family of a
worker who becomes age 62 or dies in
2010 before age 62, we will compute the
total amount of benefits payable to them
so that it does not exceed:
(a) 150 percent of the first $972 of the
worker’s primary insurance amount,
plus
(b) 272 percent of the worker’s
primary insurance amount over $972
through $1,403, plus
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(c) 134 percent of the worker’s
primary insurance amount over $1,403
through $1,830, plus
(d) 175 percent of the worker’s
primary insurance amount over $1,830.
We then round this amount to the
next lower multiple of $0.10 if it is not
already a multiple of $0.10. This
formula and the rounding adjustment
described above are contained in section
203(a) of the Act.
Quarter of Coverage Amount
General
The amount of earnings required for
a quarter of coverage in 2010 is $1,120.
A quarter of coverage is the basic unit
for determining whether a worker is
insured under the Social Security
program. For years before 1978, we
generally credited an individual with a
quarter of coverage for each quarter in
which wages of $50 or more were paid,
or with 4 quarters of coverage for every
taxable year in which $400 or more of
self-employment income was earned.
Beginning in 1978, employers generally
report wages on an annual basis instead
of a quarterly basis. With the change to
annual reporting, section 352(b) of the
Social Security Amendments of 1977
amended section 213(d) of the Act to
provide that a quarter of coverage would
be credited for each $250 of an
individual’s total wages and selfemployment income for calendar year
1978, up to a maximum of 4 quarters of
coverage for the year.
Computation
Under the prescribed formula, the
quarter of coverage amount for 2010
shall be the larger of: (1) The 1978
amount of $250 multiplied by the ratio
of the national average wage index for
2008 to that for 1976; or (2) the current
amount of $1,090. Section 213(d) further
provides that if the resulting amount is
not a multiple of $10, it shall be
rounded to the nearest multiple of $10.
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Quarter of Coverage Amount
Multiplying the 1978 quarter of
coverage amount ($250) by the ratio of
the national average wage index for
2008 ($41,334.97) to that for 1976
($9,226.48) produces the amount of
$1,120.01. We then round this amount
to $1,120. Because $1,120 exceeds the
current amount of $1,090, the quarter of
coverage amount is $1,120 for 2010.
Substantial Gainful Activity Amount
for Non-Blind Disabled Individuals
General
A finding of disability under titles II
and XVI of the Act requires that a
person, except for a title XVI disabled
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child, be unable to engage in substantial
gainful activity (SGA). A person who is
earning more than a certain monthly
amount (net of impairment-related work
expenses) is ordinarily considered to be
engaging in SGA. The amount of
monthly earnings considered as SGA
depends on the nature of a person’s
disability. Section 223(d)(4)(A) of the
Act specifies a higher SGA amount for
statutorily blind individuals under title
II while Federal regulations (20 CFR
404.1574 and 416.974) specify a lower
SGA amount for non-blind individuals.
Computation
The monthly SGA amount for nonblind disabled individuals for 2010
shall be the larger of: (1) Such amount
for 2000 multiplied by the ratio of the
national average wage index for 2008 to
that for 1998; or (2) such amount for
2009. In either case, if the resulting
amount is not a multiple of $10, it shall
be rounded to the nearest multiple of
$10.
Amount
Multiplying the 2000 monthly SGA
amount for non-blind individuals ($700)
by the ratio of the national average wage
index for 2008 ($41,334.97) to that for
1998 ($28,861.44) produces the amount
of $1,002.53. We then round this
amount to $1,000. Because $1,000 is
larger than the current amount of $980,
the monthly SGA amount for non-blind
disabled individuals is $1,000 for 2010.
Trial Work Period Earnings Threshold
General
During a trial work period, a
beneficiary receiving Social Security
disability benefits may test his or her
ability to work and still be considered
disabled. We do not consider services
performed during the trial work period
as showing that the disability has ended
until services have been performed in at
least 9 months (not necessarily
consecutive) in a rolling 60-month
period. In 2009, any month in which
earnings exceed $700 is considered a
month of services for an individual’s
trial work period. In 2010, this monthly
amount increases to $720.
Computation
The method used to determine the
new amount is set forth in our
regulations at 20 CFR 404.1592(b).
Monthly earnings in 2010, used to
determine whether a month is part of a
trial work period, is such amount for
2001 ($530) multiplied by the ratio of
the national average wage index for
2008 to that for 1999, or, if larger, such
amount for 2009. If the amount so
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calculated is not a multiple of $10, we
round it to the nearest multiple of $10.
Amount
Multiplying the 2001 monthly
earnings threshold ($530) by the ratio of
the national average wage index for
2008 ($41,334.97) to that for 1999
($30,469.84) produces the amount of
$718.99. We then round this amount to
$720. Because $720 is larger than the
current amount of $700, the monthly
earnings threshold is $720 for 2010.
Domestic Employee Coverage
Threshold
General
The minimum amount a domestic
worker must earn so that such earnings
are covered under Social Security or
Medicare is the domestic employee
coverage threshold. For 2010, this
threshold is $1,700. Section 3121(x) of
the Internal Revenue Code provides the
formula for increasing the threshold.
Computation
Under the formula, the domestic
employee coverage threshold amount
for 2010 shall be equal to the 1995
amount of $1,000 multiplied by the ratio
of the national average wage index for
2008 to that for 1993. If the resulting
amount is not a multiple of $100, it
shall be rounded to the next lower
multiple of $100.
Domestic Employee Coverage Threshold
Amount
Multiplying the 1995 domestic
employee coverage threshold amount
($1,000) by the ratio of the national
average wage index for 2008
($41,334.97) to that for 1993
($23,132.67) produces the amount of
$1,786.87. We then round this amount
to $1,700. Accordingly, the domestic
employee coverage threshold amount is
$1,700 for 2010.
Election Official and Election Worker
Coverage Threshold
General
The minimum amount an election
official and election worker must earn
so that such earnings are covered under
Social Security or Medicare is the
election official and election worker
coverage threshold. For 2010, this
threshold is $1,500. Section 218(c)(8)(B)
of the Act provides the formula for
increasing the threshold.
Computation
Under the formula, the election
official and election worker coverage
threshold amount for 2010 shall be
equal to the 1999 amount of $1,000
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multiplied by the ratio of the national
average wage index for 2008 to that for
1997. If the amount so determined is not
a multiple of $100, it shall be rounded
to the nearest multiple of $100.
Election Official and Election Worker
Coverage Threshold Amount
Multiplying the 1999 coverage
threshold amount ($1,000) by the ratio
of the national average wage index for
2008 ($41,334.97) to that for 1997
($27,426.00) produces the amount of
$1,507.15. We then round this amount
to $1,500. Accordingly, the election
official and election worker coverage
threshold amount is $1,500 for 2010.
(Catalog of Federal Domestic Assistance:
Program Nos. 96.001 Social SecurityDisability Insurance; 96.002 Social SecurityRetirement Insurance; 96.004 Social SecuritySurvivors Insurance; 96.006 Supplemental
Security Income)
Dated: October 20, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E9–25930 Filed 10–27–09; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice: 6797]
60-Day Notice of Proposed Information
Collections: Two Information
Collections
erowe on DSK5CLS3C1PROD with NOTICES
ACTION: Notice of request for public
comments.
SUMMARY: The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collections described
below. The purpose of this notice is to
allow 60 days for public comment in the
Federal Register preceding submission
to OMB. We are conducting this process
in accordance with the Paperwork
Reduction Act of 1995.
• Title of Information Collection:
Brokering Prior Approval (License).
• OMB Control Number: 1405–0142.
• Type of Request: Extension of
Currently Approved Collection.
• Originating Office: Bureau of
Political-Military Affairs, Directorate of
Defense Trade Controls, PM/DDTC.
• Form Number: None.
• Respondents: Business and
Nonprofit Organizations.
• Estimated Number of Respondents:
980.
• Estimated Number of Responses:
100.
• Average Hours per Response: 2
hours.
• Total Estimated Burden: 200 hours.
VerDate Nov<24>2008
15:34 Oct 27, 2009
Jkt 220001
• Frequency: On Occasion.
• Obligation to Respond: Required to
Obtain Benefits.
• Title of Information Collection:
Annual Brokering Report.
• OMB Control Number: 1405–0141.
• Type of Request: Extension of
Currently Approved Collection.
• Originating Office: Bureau of
Political-Military Affairs, Directorate of
Defense Trade Controls, PM/DDTC.
• Form Number: None.
• Respondents: Business and
Nonprofit Organizations.
• Estimated Number of Respondents:
980.
• Estimated Number of Responses:
600.
• Average Hours per Response: 2
hours.
• Total Estimated Burden: 1,200
hours.
• Frequency: On Occasion.
• Obligation to Respond: Mandatory.
DATES: The Department will accept
comments from the public up to 60 days
from October 28, 2009.
ADDRESSES: Comments and questions
should be directed to Nicholas Memos,
Office of Defense Trade Controls Policy,
Department of State, who may be
reached via the following methods:
• E-mail: memosni@state.gov.
• Mail: Nicholas Memos, SA–1, 12th
Floor, Directorate of Defense Trade
Controls, Bureau of Political-Military
Affairs, U.S. Department of State,
Washington, DC 20522–0112
• Fax: 202–261–8199.
You must include the information
collection title in the subject lines of
your message/letter.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the information collection
and supporting documents, to Nicholas
Memos, PM/DDTC, SA–1, 12th Floor,
Directorate of Defense Trade Controls,
Bureau of Political-Military Affairs, U.S.
Department of State, Washington, DC
20522–0112, who may be reached via
phone at (202) 663–2804, or via e-mail
at memosni@state.gov.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection: The
export, temporary import, temporary
export and brokering of defense articles,
defense services and related technical
data are licensed by the Directorate of
Defense Trade Controls in accordance
with the International Traffic in Arms
Regulations (22 CFR parts 120–130) and
Section 38 of the Arms Export Control
Act. Those of the public who
manufacture or export defense articles,
defense services, and related technical
data, or the brokering thereof, must
register with the Department of State.
Persons desiring to engage in export,
temporary import, and brokering
activities must submit an application or
written request to conduct the
transaction to the Department to obtain
a decision whether it is in the interests
of U.S. foreign policy and national
security to approve the transaction.
Also, registered brokers must submit
annual reports regarding all brokering
activity that was transacted, and
registered manufacturers and exporter
must maintain records of defense trade
activities for five years.
Methodology: These forms/
information collections may be sent to
the Directorate of Defense Trade
Controls via the following methods:
electronically, mail, personal delivery,
and/or fax.
Dated: October 20, 2009.
Robert S. Kovac,
Acting Deputy Assistant Secretary for Defense
Trade, Bureau of Political-Military Affairs,
U.S. Department of State.
[FR Doc. E9–25953 Filed 10–27–09; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice 6781]
Announcement of a Meeting of the
International Telecommunication
Advisory Committee
SUMMARY: This notice announces a
meeting of the International
Telecommunication Advisory
Committee (ITAC) to prepare for the
International Telecommunication Union
(ITU) World Telecommunication
Development Conference.
The ITAC will meet to begin
preparation of advice for the U.S.
government for the ITU World
Telecommunication Development
Conference, which will be held in May
2010 in Hyderabad, India. There will
also be reports on recent developments
E:\FR\FM\28OCN1.SGM
28OCN1
Agencies
[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Notices]
[Pages 55614-55618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25930]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2009-0064]
Office of the Commissioner; Cost-of-Living Increase and Other
Determinations for 2010
AGENCY: Social Security Administration.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Under title II of the Social Security Act (Act), there will be
no cost-of-living increase in Social Security benefits effective for
December 2009. As a result, the following items will remain at their
2009 levels:
(1) The Federal Supplemental Security Income (SSI) monthly benefit
amounts for 2010, under title XVI of the Act, will remain $674 for an
eligible individual, $1,011 for an eligible individual with an eligible
spouse, and $338 for an essential person;
(2) The special benefit amount under title VIII of the Act for
certain World War II veterans will remain $505.50 in 2010;
(3) The student earned income exclusion under title XVI of the Act
will remain $1,640 per month in 2010 but not more than $6,600 in all of
2010;
(4) The dollar fee limit for services performed as a representative
payee will remain $37 per month ($72 per month in the case of a
beneficiary who is disabled and has an alcoholism or drug addiction
condition that leaves him or her incapable of managing benefits) in
2010;
(5) The dollar limit on the administrative-cost assessment charged
to attorneys representing claimants will remain $83 in 2010;
(6) The Old-Age, Survivors, and Disability Insurance (OASDI)
contribution and benefit base will remain $106,800 for remuneration
paid in 2010 and self-employment income earned in taxable years
beginning in 2010;
(7) The monthly exempt amounts under the Social Security retirement
earnings test for taxable years ending in calendar year 2010 will
remain $1,180 and $3,140;
(8) The ``old-law'' contribution and benefit base under title II of
the Act will remain $79,200 for 2010; and
[[Page 55615]]
(9) The monthly amount deemed to constitute substantial gainful
activity for statutorily blind individuals in 2010 will remain $1,640.
The national average wage index for 2008 is $41,334.97. The
following items are affected by this index:
(1) The dollar amounts (``bend points'') used in the primary
insurance amount benefit formula for workers who become eligible for
benefits, or who die before becoming eligible, in 2010 will be $761 and
$4,586;
(2) The bend points used in the formula for computing maximum
family benefits for workers who become eligible for benefits, or who
die before becoming eligible, in 2010 will be $972, $1,403, and $1,830;
(3) The amount of taxable earnings a person must have to be
credited with a quarter of coverage in 2010 will be $1,120;
(4) The monthly amount deemed to constitute substantial gainful
activity for non-blind disabled persons will be $1,000 in 2010;
(5) The earnings threshold establishing a month as a part of a
trial work period will be $720 for 2010; and
(6) Coverage thresholds for 2010 will be $1,700 for domestic
workers and $1,500 for election officials and election workers.
FOR FURTHER INFORMATION CONTACT: Jeffrey L. Kunkel, Office of the Chief
Actuary, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-3013. Information relating to this
announcement is available on our Internet site at https://www.socialsecurity.gov/OACT/COLA/. For information on
eligibility or claiming benefits, call 1-800-772-1213, or visit our
Internet site, Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: In accordance with the Act, we must publish
on or before November 1 the national average wage index for 2008
(section 215(a)(1)(D)), the amount of earnings required to be credited
with a quarter of coverage in 2010 (section 213(d)(2)), the formula for
computing a primary insurance amount for workers who first become
eligible for benefits or die in 2010 (section 215(a)(1)(D)), and the
formula for computing the maximum amount of benefits payable to the
family of a worker who first becomes eligible for old-age benefits or
dies in 2010 (section 203(a)(2)(C)).
Cost-of-Living Increases
General
There will be no cost-of-living increase for benefits under titles
II and XVI of the Act.
Computation
By law a cost-of-living increase for benefits is set based on the
percentage increase in the Consumer Price Index (CPI) for Urban Wage
Earners and Clerical Workers from the last computation quarter (the
third quarter of 2008 in this case) to the third quarter of the current
year (2009 in this case).
Section 215(i)(1) of the Act provides that the CPI for a cost-of-
living computation quarter shall be the arithmetic mean of this index
for the 3 months in that quarter. In accordance with 20 CFR 404.275, we
round the arithmetic mean, if necessary, to the nearest 0.001. The CPI
for Urban Wage Earners and Clerical Workers for each month in the
quarter ending September 30, 2008, is: For July 2008, 216.304; for
August 2008, 215.247; and for September 2008, 214.935. The arithmetic
mean for that calendar quarter is 215.495. The corresponding CPI for
each month in the quarter ending September 30, 2009, is: For July 2009,
210.526; for August 2009, 211.156; and for September 2009, 211.322. The
arithmetic mean for this calendar quarter is 211.001. Thus, because the
CPI for the calendar quarter ending September 30, 2009, is not greater
than the CPI for the calendar quarter ending September 30, 2008, the
calendar quarter ending September 30, 2009, is not a cost-of-living
computation quarter and there is no cost-of-living increase.
Other Program Amounts That Change Based on the Cost-of-Living Increase
Several other program amounts also adjust based on the cost-of-
living increase. These include the title VIII benefit amount, the
student earned income exclusion, the fee for services performed by a
representative payee, and the attorney assessment fee. Because there
will be no cost-of-living increase, these program amounts will not
increase in 2010, but rather will remain at their 2009 levels.
Program Amounts That Change Based on the Increase in the National
Average Wage Index, but Only When There Is a Cost-of-Living Increase
Certain other program amounts are adjusted annually based on the
increase in the national average wage index, rather than the CPI
increase, but only if there also is a cost-of-living increase in
benefits that year (as determined under section 215(i) of the Act).
These amounts include the OASDI contribution and benefit base, the
retirement earnings test exempt amounts, the ``old-law'' contribution
and benefit base, and the substantial gainful activity amount for
individuals who are statutorily blind. Because there is no cost-of-
living increase this year, these amounts will not increase in 2010, but
rather will remain at their 2009 levels.
Program Amounts That Change Based on the Increase in the National
Average Wage Index, Without Regard to the Cost-of-Living Increase
Some program amounts are adjusted annually based on the increase in
the national average wage index whether there is a cost-of-living
increase in that year or not. These include:
The dollar amounts (``bend points'') in the formulae used
to compute the primary insurance amount and maximum family benefit for
workers who become eligible for benefits, or die before becoming
eligible, in 2010;
The amount of taxable earnings required to earn a quarter
of coverage;
The substantial gainful activity amount for non-blind
disabled individuals;
The earnings threshold to establish a trial work period;
The coverage threshold for election officials and election
workers; and
The domestic employee coverage threshold.
These amounts will increase in 2010 based on the increase in the
national average wage. In the sections that follow, we explain the
calculation of the percentage increase in the national average wage and
the corresponding increases in each of these program amounts.
National Average Wage Index for 2008
Computation
We have determined the national average wage index for calendar
year 2008 based on the 2007 national average wage index of $40,405.48
announced in the Federal Register on October 30, 2008 (73 FR 64651),
along with the percentage increase in average wages from 2007 to 2008
measured by annual wage data. We tabulate the annual wage data,
including contributions to deferred compensation plans, as required by
section 209(k) of the Act. The average amounts of wages calculated
directly from these data were $38,760.95 and $39,652.61 for 2007 and
2008, respectively. To determine the national average wage index for
2008 at a level
[[Page 55616]]
that is consistent with the national average wage indexing series for
1951 through 1977 (published December 29, 1978, at 43 FR 61016), we
multiply the 2007 national average wage index of $40,405.48 by the
percentage increase in average wages from 2007 to 2008 (based on SSA-
tabulated wage data) as follows, with the result rounded to the nearest
cent.
Amount
Multiplying the national average wage index for 2007 ($40,405.48)
by the ratio of the average wage for 2008 ($39,652.61) to that for 2007
($38,760.95) produces the 2008 index, $41,334.97. The national average
wage index for calendar year 2008 is about 2.30 percent greater than
the 2007 index.
Computing Benefits After 1978
General
The Social Security Amendments of 1977 provided a method for
computing benefits that generally applies when a worker first becomes
eligible for benefits after 1978. This method uses the worker's
``average indexed monthly earnings'' to compute the primary insurance
amount. We adjust the computation formula each year to reflect changes
in general wage levels, as measured by the national average wage index.
We also adjust, or ``index,'' a worker's earnings to reflect the
change in general wage levels that occurred during the worker's years
of employment. Such indexing ensures that a worker's future benefit
level will reflect the general rise in the standard of living that will
occur during his or her working lifetime. To compute the average
indexed monthly earnings, we first determine the required number of
years of earnings. Then we select that number of years with the highest
indexed earnings, add the indexed earnings, and divide the total amount
by the total number of months in those years. We then round the
resulting average amount down to the next lower dollar amount. The
result is the average indexed monthly earnings.
For example, to compute the average indexed monthly earnings for a
worker attaining age 62, becoming disabled before age 62, or dying
before attaining age 62, in 2010, we divide the national average wage
index for 2008, $41,334.97, by the national average wage index for each
year prior to 2008 in which the worker had earnings. Then we multiply
the actual wages and self-employment income, as defined in section
211(b) of the Act and credited for each year, by the corresponding
ratio to obtain the worker's indexed earnings for each year before
2008. We consider any earnings in 2008 or later at face value, without
indexing. We then compute the average indexed monthly earnings for
determining the worker's primary insurance amount for 2010.
Computing the Primary Insurance Amount
The primary insurance amount is the sum of three separate
percentages of portions of the average indexed monthly earnings. In
1979 (the first year the formula was in effect), these portions were
the first $180, the amount between $180 and $1,085, and the amount over
$1,085. We call the dollar amounts in the formula governing the
portions of the average indexed monthly earnings the ``bend points'' of
the formula. Thus, the bend points for 1979 were $180 and $1,085.
To obtain the bend points for 2010, we multiply each of the 1979
bend-point amounts by the ratio of the national average wage index for
2008 to that average for 1977. We then round these results to the
nearest dollar. Multiplying the 1979 amounts of $180 and $1,085 by the
ratio of the national average wage index for 2008 ($41,334.97) to that
for 1977 ($9,779.44) produces the amounts of $760.81 and $4,585.99. We
round these to $761 and $4,586. Accordingly, the portions of the
average indexed monthly earnings to be used in 2010 are the first $761,
the amount between $761 and $4,586, and the amount over $4,586.
Consequently, for individuals who first become eligible for old-age
insurance benefits or disability insurance benefits in 2010, or who die
in 2010 before becoming eligible for benefits, their primary insurance
amount will be the sum of:
(a) 90 percent of the first $761 of their average indexed monthly
earnings, plus
(b) 32 percent of their average indexed monthly earnings over $761
and through $4,586, plus
(c) 15 percent of their average indexed monthly earnings over
$4,586.
We round this amount to the next lower multiple of $0.10 if it is
not already a multiple of $0.10. This formula and the rounding
adjustment described above are contained in section 215(a) of the Act.
Maximum Benefits Payable to a Family
General
The 1977 amendments continued the long established policy of
limiting the total monthly benefits that a worker's family may receive
based on his or her primary insurance amount. Those amendments also
continued the then existing relationship between maximum family
benefits and primary insurance amounts but changed the method of
computing the maximum amount of benefits that may be paid to a worker's
family. The Social Security Disability Amendments of 1980 (Pub. L. 96-
265) established a formula for computing the maximum benefits payable
to the family of a disabled worker. This formula applies to the family
benefits of workers who first become entitled to disability insurance
benefits after June 30, 1980, and who first become eligible for these
benefits after 1978. For disabled workers initially entitled to
disability benefits before July 1980, or whose disability began before
1979, we compute the family maximum payable the same as the old-age and
survivor family maximum.
Computing the Old-Age and Survivor Family Maximum
The formula used to compute the family maximum is similar to that
used to compute the primary insurance amount. It involves computing the
sum of four separate percentages of portions of the worker's primary
insurance amount. In 1979, these portions were the first $230, the
amount between $230 and $332, the amount between $332 and $433, and the
amount over $433. We refer to such dollar amounts in the formula as the
``bend points'' of the family-maximum formula.
To obtain the bend points for 2010, we multiply each of the 1979
bend-point amounts by the ratio of the national average wage index for
2008 to that average for 1977. Then we round this amount to the nearest
dollar. Multiplying the amounts of $230, $332, and $433 by the ratio of
the national average wage index for 2008 ($41,334.97) to that for 1977
($9,779.44) produces the amounts of $972.15, $1,403.27, and $1,830.17.
We round these amounts to $972, $1,403, and $1,830. Accordingly, the
portions of the primary insurance amounts to be used in 2010 are the
first $972, the amount between $972 and $1,403, the amount between
$1,403 and $1,830, and the amount over $1,830.
Consequently, for the family of a worker who becomes age 62 or dies
in 2010 before age 62, we will compute the total amount of benefits
payable to them so that it does not exceed:
(a) 150 percent of the first $972 of the worker's primary insurance
amount, plus
(b) 272 percent of the worker's primary insurance amount over $972
through $1,403, plus
[[Page 55617]]
(c) 134 percent of the worker's primary insurance amount over
$1,403 through $1,830, plus
(d) 175 percent of the worker's primary insurance amount over
$1,830.
We then round this amount to the next lower multiple of $0.10 if it
is not already a multiple of $0.10. This formula and the rounding
adjustment described above are contained in section 203(a) of the Act.
Quarter of Coverage Amount
General
The amount of earnings required for a quarter of coverage in 2010
is $1,120. A quarter of coverage is the basic unit for determining
whether a worker is insured under the Social Security program. For
years before 1978, we generally credited an individual with a quarter
of coverage for each quarter in which wages of $50 or more were paid,
or with 4 quarters of coverage for every taxable year in which $400 or
more of self-employment income was earned. Beginning in 1978, employers
generally report wages on an annual basis instead of a quarterly basis.
With the change to annual reporting, section 352(b) of the Social
Security Amendments of 1977 amended section 213(d) of the Act to
provide that a quarter of coverage would be credited for each $250 of
an individual's total wages and self-employment income for calendar
year 1978, up to a maximum of 4 quarters of coverage for the year.
Computation
Under the prescribed formula, the quarter of coverage amount for
2010 shall be the larger of: (1) The 1978 amount of $250 multiplied by
the ratio of the national average wage index for 2008 to that for 1976;
or (2) the current amount of $1,090. Section 213(d) further provides
that if the resulting amount is not a multiple of $10, it shall be
rounded to the nearest multiple of $10.
Quarter of Coverage Amount
Multiplying the 1978 quarter of coverage amount ($250) by the ratio
of the national average wage index for 2008 ($41,334.97) to that for
1976 ($9,226.48) produces the amount of $1,120.01. We then round this
amount to $1,120. Because $1,120 exceeds the current amount of $1,090,
the quarter of coverage amount is $1,120 for 2010.
Substantial Gainful Activity Amount for Non-Blind Disabled Individuals
General
A finding of disability under titles II and XVI of the Act requires
that a person, except for a title XVI disabled child, be unable to
engage in substantial gainful activity (SGA). A person who is earning
more than a certain monthly amount (net of impairment-related work
expenses) is ordinarily considered to be engaging in SGA. The amount of
monthly earnings considered as SGA depends on the nature of a person's
disability. Section 223(d)(4)(A) of the Act specifies a higher SGA
amount for statutorily blind individuals under title II while Federal
regulations (20 CFR 404.1574 and 416.974) specify a lower SGA amount
for non-blind individuals.
Computation
The monthly SGA amount for non-blind disabled individuals for 2010
shall be the larger of: (1) Such amount for 2000 multiplied by the
ratio of the national average wage index for 2008 to that for 1998; or
(2) such amount for 2009. In either case, if the resulting amount is
not a multiple of $10, it shall be rounded to the nearest multiple of
$10.
Amount
Multiplying the 2000 monthly SGA amount for non-blind individuals
($700) by the ratio of the national average wage index for 2008
($41,334.97) to that for 1998 ($28,861.44) produces the amount of
$1,002.53. We then round this amount to $1,000. Because $1,000 is
larger than the current amount of $980, the monthly SGA amount for non-
blind disabled individuals is $1,000 for 2010.
Trial Work Period Earnings Threshold
General
During a trial work period, a beneficiary receiving Social Security
disability benefits may test his or her ability to work and still be
considered disabled. We do not consider services performed during the
trial work period as showing that the disability has ended until
services have been performed in at least 9 months (not necessarily
consecutive) in a rolling 60-month period. In 2009, any month in which
earnings exceed $700 is considered a month of services for an
individual's trial work period. In 2010, this monthly amount increases
to $720.
Computation
The method used to determine the new amount is set forth in our
regulations at 20 CFR 404.1592(b). Monthly earnings in 2010, used to
determine whether a month is part of a trial work period, is such
amount for 2001 ($530) multiplied by the ratio of the national average
wage index for 2008 to that for 1999, or, if larger, such amount for
2009. If the amount so calculated is not a multiple of $10, we round it
to the nearest multiple of $10.
Amount
Multiplying the 2001 monthly earnings threshold ($530) by the ratio
of the national average wage index for 2008 ($41,334.97) to that for
1999 ($30,469.84) produces the amount of $718.99. We then round this
amount to $720. Because $720 is larger than the current amount of $700,
the monthly earnings threshold is $720 for 2010.
Domestic Employee Coverage Threshold
General
The minimum amount a domestic worker must earn so that such
earnings are covered under Social Security or Medicare is the domestic
employee coverage threshold. For 2010, this threshold is $1,700.
Section 3121(x) of the Internal Revenue Code provides the formula for
increasing the threshold.
Computation
Under the formula, the domestic employee coverage threshold amount
for 2010 shall be equal to the 1995 amount of $1,000 multiplied by the
ratio of the national average wage index for 2008 to that for 1993. If
the resulting amount is not a multiple of $100, it shall be rounded to
the next lower multiple of $100.
Domestic Employee Coverage Threshold Amount
Multiplying the 1995 domestic employee coverage threshold amount
($1,000) by the ratio of the national average wage index for 2008
($41,334.97) to that for 1993 ($23,132.67) produces the amount of
$1,786.87. We then round this amount to $1,700. Accordingly, the
domestic employee coverage threshold amount is $1,700 for 2010.
Election Official and Election Worker Coverage Threshold
General
The minimum amount an election official and election worker must
earn so that such earnings are covered under Social Security or
Medicare is the election official and election worker coverage
threshold. For 2010, this threshold is $1,500. Section 218(c)(8)(B) of
the Act provides the formula for increasing the threshold.
Computation
Under the formula, the election official and election worker
coverage threshold amount for 2010 shall be equal to the 1999 amount of
$1,000
[[Page 55618]]
multiplied by the ratio of the national average wage index for 2008 to
that for 1997. If the amount so determined is not a multiple of $100,
it shall be rounded to the nearest multiple of $100.
Election Official and Election Worker Coverage Threshold Amount
Multiplying the 1999 coverage threshold amount ($1,000) by the
ratio of the national average wage index for 2008 ($41,334.97) to that
for 1997 ($27,426.00) produces the amount of $1,507.15. We then round
this amount to $1,500. Accordingly, the election official and election
worker coverage threshold amount is $1,500 for 2010.
(Catalog of Federal Domestic Assistance: Program Nos. 96.001 Social
Security-Disability Insurance; 96.002 Social Security-Retirement
Insurance; 96.004 Social Security-Survivors Insurance; 96.006
Supplemental Security Income)
Dated: October 20, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E9-25930 Filed 10-27-09; 8:45 am]
BILLING CODE 4191-02-P