Removal of Special Payments at Age 72, 21707-21709 [2018-09910]

Download as PDF 21707 Rules and Regulations Federal Register Vol. 83, No. 91 Thursday, May 10, 2018 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA–2017–0034] RIN 0960–AI16 Removal of Special Payments at Age 72 Social Security Administration. Final rule. AGENCY: ACTION: We are removing from the Code of Federal Regulations our ‘‘Special Payments at Age 72’’ rules because they are obsolete. We are removing these rules in accordance with the requirements of Executive Order (E.O.) 13777. DATES: Effective May 10, 2018. FOR FURTHER INFORMATION CONTACT: Linda Appler, Social Security Administration, 410–966–6760 or Regulations@ssa.gov. For information on eligibility or filing for benefits, call our national toll-free number, 1–800– 772–1213 or TTY 1–800–325–0778, or visit our internet site, Social Security Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: We are removing our rules, ‘‘Special Payments at Age 72,’’ in accordance with E.O. 13777 (‘‘Enforcing the Regulatory Reform Agenda’’).1 The Executive Order requires agencies to identify rules that, among other things, are outdated or unnecessary, and repeal, replace, or modify them, consistent with applicable law. These rules, found in sections 404.380–404.384 of our rules, implement section 228 of the Social Security Act (Act). Congress enacted section 228 of the Act in 1966 to provide a special payment to individuals who had little or no chance to become fully insured for regular Social Security benefits during their working years because they were too old when the Social Security program daltland on DSKBBV9HB2PROD with RULES SUMMARY: 1 82 FR 12285. VerDate Sep<11>2014 15:51 May 09, 2018 Jkt 244001 began, or when Social Security coverage was first extended to their jobs.2 Congress amended section 228 in 1990 to prohibit entitlement to special age 72 payments for individuals who attained age 72 after 1971.3 We amended our rules in 1992 to reflect this change in the Act.4 We are removing these rules from the CFR because they are obsolete and no longer necessary. We are also revising other sections in the CFR to remove references to special age 72 payments. There are no individuals who currently receive special age 72 payments, and no individuals will become entitled to these payments in the future. We are also rescinding several Social Security Rulings (SSR) that relate to special age 72 payments because those SSRs are also obsolete. We are rescinding, under a separate Notice published concurrently with this final rule, the following SSRs: • SSR 67–28: Section 228(c)(1) and (h)(2).—Special Age 72 Payments For Uninsured Individuals—Reduction Because Of Eligibility For Governmental Pension; • SSR 68–13: Sections 228(c)(1) and 228(h)(2).—Special Age 72 Payments— Governmental Pension System— Teachers’ Retirement Fund; • SSR 68–36: Section 228(c) and 228(h)(2).—Special Age 72 Payment— Reduction Because Of Eligibility For Veterans’ Administration Pension; • SSR 68–37: Section 228(c) and (h).—Special Age 72 Payment— Eligibility For Teacher’s Annuity Purchased From Personal Funds Not Cause For Offset; • SSR 68–52: Sections 228(c)(1), 228(h)(2) and (3).—Special Age 72 Payments For Uninsured Individual— Reduction Due To Commutation Of Periodic Pension; • SSR 68–78: Sections 228(c)(1) and (h)(2).—Special Age 72 Payments For Uninsured Individuals—Reduction Because Of Eligibility For Governmental Pension; • SSR 70–23c: Section 228(c).— Special Age 72 Payments—Effect On Claimant’s Eligibility Where Application Not Filed By Spouse Who Is Eligible For Periodic Benefit Under Governmental Pension System; 2 Section 302 of Public Law 89–368, 80 Stat. 38. 5114 of Public Law 101–508, 104 Stat. 1388, 1388–273. 4 57 FR 21598. 3 Section PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 • SSR 72–27: Sections 228 (of Social Security Act) and 103 of Social Security Amendments of 1965.—Special Age 72 and Hospital Insurance Benefits—5 Years Continuous Residence Requirement; and • SSR 74–27c: Sections 205(g), 228(a) and (e) (42 U.S.C. 405(g), 428(a), and 428(e)).—Special Age 72 Payments— Application and Residence Requirements—Constitutionally [sic] as to Puerto Rican Residents. Regulatory Procedures Justification for Issuing a Final Rule Without Notice and Comment We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 when we develop regulations. Generally, the APA requires that an agency provide prior notice and opportunity for public comment before issuing a final rule. The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures because they are impracticable, unnecessary, or contrary to the public interest. We find that there is good cause under 5 U.S.C. 553(b)(B) to issue this regulatory change as a final rule without prior public comment. We find that prior public comment is unnecessary because this final rule only removes from the Code of Federal Regulations obsolete and unnecessary rules that do not affect any living beneficiaries. In addition, we find good cause for dispensing with the 30-day delay in the effective date of this rule provided for in 5 U.S.C. 553(d)(3). For the reasons stated above, we find it unnecessary to delay the effective date of the changes we are making in this final rule. Accordingly, we are making them effective upon publication. Executive Order 12866 as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under E.O. 12866, as supplemented by E.O. 13563. Thus, OMB did not review the final rule. E:\FR\FM\10MYR1.SGM 10MYR1 21708 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because the rule affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. Subpart B—Insured Status and Quarters of Coverage 3. The authority citation for subpart B of part 404 continues to read as follows: ■ Authority: Secs. 205(a), 212, 213, 214, 216, 217, 223, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 412, 413, 414, 416, 417, 423, and 902(a)(5)). 4. Amend § 404.110 by revising paragraph (d)(1)(ii) to read as follows: ■ Paperwork Reduction Act This final rule does not create any new or affect any existing collections and, therefore, does not require OMB approval under the Paperwork Reduction Act. § 404.110 status. * (Catalog of Federal Domestic Assistance Program Social Security—Retirement Insurance; and 96.004, Social Security— Survivors Insurance) List of Subjects in 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements, Social Security. * * * * (d) * * * (1)* * * (ii) If you file an application in June 1992 or later and you are not entitled to a benefit under section 227 of the Act in the month the application is made, we may consider you to have at least one QC before 1951 if you have $400 or more total wages before 1951, as defined in paragraph (d)(2) of this section, provided that the number of QCs credited to you under this paragraph plus the number of QCs credited to you for periods after 1950 make you fully insured. * * * * * PART 404—FEDERAL OLD AGE, SURVIVORS AND DISABILITY INSURANCE (1950–) Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the Social Security Act (42 U.S.C. 403, 405(a), 416(j), and 902(a)(5)) and 48 U.S.C. 1801. 2. Amend § 404.2 by revising paragraph (c)(2) to read as follows: ■ daltland on DSKBBV9HB2PROD with RULES § 404.304 What are the general rules on benefit amounts? 6. Amend § 404.271 by removing paragraph (a) and redesignating paragraphs (b) through (d) as paragraphs (a) through (c). ■ 7. Amend § 404.278 by revising paragraph (b)(1) to read as follows: ■ * * * * * (c) * * * (2) Benefit means an old-age insurance benefit, disability insurance benefit, wife’s insurance benefit, husband’s insurance benefit, child’s insurance benefit, widow’s insurance benefit, widower’s insurance benefit, mother’s insurance benefit, father’s insurance benefit, or parent’s insurance benefit under Title II of the Act. (Lump sums, which are death payments under title II of the Act, are excluded from the term benefit as defined in this part to permit greater clarity in the regulations.) * * * * * * [Removed and 11. Remove the undesignated center heading, ‘‘Special Payments at Age 72,’’ and remove and reserve §§ 404.380 through 404.384. ■ [Amended] § 404.278 Additional cost-of-living increase. General definitions and use of Jkt 244001 * * * * (b) For a worker’s dependents, benefits for a worker’s wife, divorced wife, husband, divorced husband, and child; and (c) For a worker’s survivors, benefits for a worker’s widow, widower, divorced wife, child, and parent, and a lump-sum death payment. ■ 10. Amend § 404.304 by revising paragraph (e) as follows: §§ 404.380 through 404.384 Reserved] Subpart C—Computing Primary Insurance Amounts § 404.271 1. The authority citation for subpart A of part 404 continues to read as follows: ■ 15:51 May 09, 2018 Introduction. * * * * * (e) Government pension offset. If you are entitled to wife’s, husband’s, widow’s, widower’s, mother’s, or father’s benefits and receive a Government pension for work that was not covered under Social Security, your monthly benefits may be reduced because of that pension. For more information about this, see § 404.408a, which covers reductions for Government pensions. * * * * * ■ Subpart A—Introduction, General Provisions and Definitions VerDate Sep<11>2014 § 404.301 Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)). For the reasons set out in the preamble, we amend 20 CFR chapter III part 404, Subparts A, B, C, D, E, and G as set forth below: * 9. Amend § 404.301 by revising paragraphs (b) and (c) and removing paragraph (d). The revisions read as follows: ■ 5. The authority citation for subpart C of part 404 continues to read as follows: Nancy A. Berryhill, Acting Commissioner of Social Security. § 404.2 terms. How we determine fully insured Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and (b), 405(a), 416, 423, 425, and 902(a)(5)). Subpart E—Deductions; Reductions; and Nonpayments of Benefits 12. The authority citation for subpart E of part 404 continues to read as follows: ■ * * * * (b) * * * (1) To compute the additional increase for all individuals and for maximum benefits payable to a family, we begin with the year in which the insured individual became eligible for old-age or disability benefits to which he or she is currently entitled, or died before becoming eligible. * * * * * Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 U.S.C. 1801. Subpart D—Old-Age, Disability, Dependents’ and Survivors’ Insurance Benefits; Period of Disability Under certain conditions, the amount of a monthly insurance benefit or the lump-sum death payment as calculated under the pertinent provisions of sections 202 and 203 of the Act (including reduction for age under 8. The authority citation for subpart D of part 404 is revised to read as follows: ■ PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 13. Amend § 404.401 by revising the introductory text to read as follows: ■ § 404.401 Deduction, reduction, and nonpayment of monthly benefits or lumpsum death payments. E:\FR\FM\10MYR1.SGM 10MYR1 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations section 202(q) of a monthly benefit) must be increased or decreased to determine the amount to be actually paid to a beneficiary. Increases in the amount of a monthly benefit or lumpsum death payment are based upon recomputation and recalculations of the primary insurance amount (see subpart C of this part). A decrease in the amount of a monthly benefit or lump-sum death payment is required in the following instances: * * * * * § 404.621 14. Amend § 404.460 by revising paragraph (a) introductory text to read as follows: 23 CFR Part 710 ■ (a) Nonpayment of monthly benefits to aliens outside the United States more than 6 months. Except as described in paragraph (b) and subject to the limitations in paragraph (c) of this section after December 1956 no monthly benefit may be paid to any individual who is not a citizen or national of the United States, for any month after the sixth consecutive calendar month during all of which he is outside the United States, and before the first calendar month for all of which he is in the United States after such absence. * * * * * Subpart G—Filing of Applications and Other Forms 15. The authority citation for subpart G of part 404 is revised to read as follows: ■ Authority: Secs. 202(i), (j), (o), (p), and (r), 205(a), 216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act (42 U.S.C. 402(i), (j), (o), (p), and (r), 405(a), 416(i)(2), 423(b), 428(a), and 902(a)(5)). 16. Amend § 404.620 by revising paragraph (a) introductory text and removing and reserving paragraph (b). The revision reads as follows: ■ daltland on DSKBBV9HB2PROD with RULES § 404.620 Filing before the first month you meet the requirements for benefits. (a) General rule. If you file an application for benefits before the first month you meet all the other requirements for entitlement, the application will remain in effect until we make a final determination on your application unless there is an administrative law judge hearing decision on your application. If there is an administrative law judge hearing decision, your application will remain in effect until the administrative law judge hearing decision is issued. * * * * * 15:51 May 09, 2018 Jkt 244001 [FR Doc. 2018–09910 Filed 5–9–18; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration RIN 2125–AF77 § 404.460 Nonpayment of monthly benefits to aliens outside the United States. VerDate Sep<11>2014 [Amended] 17. Amend § 404.621 by removing paragraph (c) and redesignating paragraphs (d) and (e) as paragraphs (c) and (d). ■ Right-of-Way and Real Estate; Correction Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Correcting amendment. AGENCY: This rule makes a technical correction to the regulations concerning right-of-way and real estate. The amendment contained herein makes no substantive change to the FHWA regulations, policies, or procedures. This rule updates the language to move a misplaced word. DATES: This rule is effective June 11, 2018. FOR FURTHER INFORMATION CONTACT: Arnold Feldman, Office of Real Estate Services, (202) 366–2028, Arnold.Feldman@dot.gov; or Hannah Needleman, Office of the Chief Counsel, (202) 366–1345, Hannah.Needleman@ dot.gov; Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Access An electronic copy of this document may be downloaded from the Office of the Federal Register’s home page at: http://www.archives.gov and the Government Publishing Office’s web page at: http://www.gpoaccess.gov/nara. Background This rule makes a technical correction to the regulations that govern Direct Federal Acquisition to correct a misplaced word in the first sentence of 23 CFR 710.603(a). The preamble to the Final Rule (81 FR 57716, August 23, 2016) discusses this sentence and makes clear that no changes would be made to the sentence proposed in the NPRM (79 FR 69998, November 24, 2014). However, the regulatory text adopted PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 21709 switches the order of the words in the sentence. This action corrects the regulatory text to reduce confusion and reflect the Agency’s intended language. Specifically, the word ‘‘not’’ is relocated so that the current relevant portion of language is changed from ‘‘[t]he provisions of this paragraph may not be applied to any real property that is owned by the United States’’ to read ‘‘[t]he provisions of this paragraph may be applied to any real property that is not owned by the United States.’’ Rulemaking Analyses and Notice Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. The FHWA finds that notice and comment for this rule is unnecessary and contrary to the public interest because it will have no substantive impact, is technical in nature, and relates only to management, organization, procedure, and practice. The FHWA does not anticipate receiving meaningful comments on it. States, local governments, and their consultants rely upon the regulations corrected by this action. This correction will reduce confusion for these entities and should not be unnecessarily delayed. Accordingly, for the reasons listed above, the agencies find good cause under 5 U.S.C. 553(b)(3)(B) to waive notice and opportunity for comment. Executive Order 12866 (Regulatory Planning and Review,) Executive Order 13563 (Improving Regulation and Regulatory Review), Executive Order 13771 (Reducing Regulations and Controlling Regulatory Costs), and DOT Regulatory Policies and Procedures The FHWA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866 or significant within the meaning of the U.S. Department of Transportation regulatory policies and procedures. It is anticipated that the economic impact of this rulemaking will be minimal. This rule only entails a minor correction that will not in any way alter the regulatory effect of 23 CFR part 710. Thus, this final rule will not adversely affect, in a material way, any sector of the economy. In addition, these changes will not interfere with any action taken or planned by another agency and will not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. This action complies with E.O.s 12866, 13563, and 13771 to improve regulation. E:\FR\FM\10MYR1.SGM 10MYR1

Agencies

[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21707-21709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09910]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules 
and Regulations

[[Page 21707]]



SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2017-0034]
RIN 0960-AI16


Removal of Special Payments at Age 72

AGENCY: Social Security Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are removing from the Code of Federal Regulations our 
``Special Payments at Age 72'' rules because they are obsolete. We are 
removing these rules in accordance with the requirements of Executive 
Order (E.O.) 13777.

DATES: Effective May 10, 2018.

FOR FURTHER INFORMATION CONTACT: Linda Appler, Social Security 
Administration, 410-966-6760 or [email protected]. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: We are removing our rules, ``Special 
Payments at Age 72,'' in accordance with E.O. 13777 (``Enforcing the 
Regulatory Reform Agenda'').\1\ The Executive Order requires agencies 
to identify rules that, among other things, are outdated or 
unnecessary, and repeal, replace, or modify them, consistent with 
applicable law. These rules, found in sections 404.380-404.384 of our 
rules, implement section 228 of the Social Security Act (Act). Congress 
enacted section 228 of the Act in 1966 to provide a special payment to 
individuals who had little or no chance to become fully insured for 
regular Social Security benefits during their working years because 
they were too old when the Social Security program began, or when 
Social Security coverage was first extended to their jobs.\2\ Congress 
amended section 228 in 1990 to prohibit entitlement to special age 72 
payments for individuals who attained age 72 after 1971.\3\ We amended 
our rules in 1992 to reflect this change in the Act.\4\
---------------------------------------------------------------------------

    \1\ 82 FR 12285.
    \2\ Section 302 of Public Law 89-368, 80 Stat. 38.
    \3\ Section 5114 of Public Law 101-508, 104 Stat. 1388, 1388-
273.
    \4\ 57 FR 21598.
---------------------------------------------------------------------------

    We are removing these rules from the CFR because they are obsolete 
and no longer necessary. We are also revising other sections in the CFR 
to remove references to special age 72 payments. There are no 
individuals who currently receive special age 72 payments, and no 
individuals will become entitled to these payments in the future.
    We are also rescinding several Social Security Rulings (SSR) that 
relate to special age 72 payments because those SSRs are also obsolete. 
We are rescinding, under a separate Notice published concurrently with 
this final rule, the following SSRs:
     SSR 67-28: Section 228(c)(1) and (h)(2).--Special Age 72 
Payments For Uninsured Individuals--Reduction Because Of Eligibility 
For Governmental Pension;
     SSR 68-13: Sections 228(c)(1) and 228(h)(2).--Special Age 
72 Payments--Governmental Pension System--Teachers' Retirement Fund;
     SSR 68-36: Section 228(c) and 228(h)(2).--Special Age 72 
Payment--Reduction Because Of Eligibility For Veterans' Administration 
Pension;
     SSR 68-37: Section 228(c) and (h).--Special Age 72 
Payment--Eligibility For Teacher's Annuity Purchased From Personal 
Funds Not Cause For Offset;
     SSR 68-52: Sections 228(c)(1), 228(h)(2) and (3).--Special 
Age 72 Payments For Uninsured Individual--Reduction Due To Commutation 
Of Periodic Pension;
     SSR 68-78: Sections 228(c)(1) and (h)(2).--Special Age 72 
Payments For Uninsured Individuals--Reduction Because Of Eligibility 
For Governmental Pension;
     SSR 70-23c: Section 228(c).--Special Age 72 Payments--
Effect On Claimant's Eligibility Where Application Not Filed By Spouse 
Who Is Eligible For Periodic Benefit Under Governmental Pension System;
     SSR 72-27: Sections 228 (of Social Security Act) and 103 
of Social Security Amendments of 1965.--Special Age 72 and Hospital 
Insurance Benefits--5 Years Continuous Residence Requirement; and
     SSR 74-27c: Sections 205(g), 228(a) and (e) (42 U.S.C. 
405(g), 428(a), and 428(e)).--Special Age 72 Payments--Application and 
Residence Requirements--Constitutionally [sic] as to Puerto Rican 
Residents.

Regulatory Procedures

Justification for Issuing a Final Rule Without Notice and Comment

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 when we develop regulations. 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final rule. The APA 
provides exceptions to its notice and public comment procedures when an 
agency finds there is good cause for dispensing with such procedures 
because they are impracticable, unnecessary, or contrary to the public 
interest.
    We find that there is good cause under 5 U.S.C. 553(b)(B) to issue 
this regulatory change as a final rule without prior public comment. We 
find that prior public comment is unnecessary because this final rule 
only removes from the Code of Federal Regulations obsolete and 
unnecessary rules that do not affect any living beneficiaries.
    In addition, we find good cause for dispensing with the 30-day 
delay in the effective date of this rule provided for in 5 U.S.C. 
553(d)(3). For the reasons stated above, we find it unnecessary to 
delay the effective date of the changes we are making in this final 
rule. Accordingly, we are making them effective upon publication.

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under E.O. 12866, as supplemented by E.O. 
13563. Thus, OMB did not review the final rule.

[[Page 21708]]

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities because the 
rule affects individuals only. Therefore, the Regulatory Flexibility 
Act, as amended, does not require us to prepare a regulatory 
flexibility analysis.

Paperwork Reduction Act

    This final rule does not create any new or affect any existing 
collections and, therefore, does not require OMB approval under the 
Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program Social Security--
Retirement Insurance; and 96.004, Social Security--Survivors 
Insurance)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-age, Survivors, and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

Nancy A. Berryhill,
Acting Commissioner of Social Security.

    For the reasons set out in the preamble, we amend 20 CFR chapter 
III part 404, Subparts A, B, C, D, E, and G as set forth below:

PART 404--FEDERAL OLD AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950-)

Subpart A--Introduction, General Provisions and Definitions

0
1. The authority citation for subpart A of part 404 continues to read 
as follows:

    Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the 
Social Security Act (42 U.S.C. 403, 405(a), 416(j), and 902(a)(5)) 
and 48 U.S.C. 1801.


0
2. Amend Sec.  404.2 by revising paragraph (c)(2) to read as follows:


Sec.  404.2  General definitions and use of terms.

* * * * *
    (c) * * *
    (2) Benefit means an old-age insurance benefit, disability 
insurance benefit, wife's insurance benefit, husband's insurance 
benefit, child's insurance benefit, widow's insurance benefit, 
widower's insurance benefit, mother's insurance benefit, father's 
insurance benefit, or parent's insurance benefit under Title II of the 
Act. (Lump sums, which are death payments under title II of the Act, 
are excluded from the term benefit as defined in this part to permit 
greater clarity in the regulations.)
* * * * *

Subpart B--Insured Status and Quarters of Coverage

0
3. The authority citation for subpart B of part 404 continues to read 
as follows:

    Authority: Secs. 205(a), 212, 213, 214, 216, 217, 223, and 
702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 412, 413, 
414, 416, 417, 423, and 902(a)(5)).


0
4. Amend Sec.  404.110 by revising paragraph (d)(1)(ii) to read as 
follows:


Sec.  404.110  How we determine fully insured status.

* * * * *
    (d) * * *
    (1)* * *
    (ii) If you file an application in June 1992 or later and you are 
not entitled to a benefit under section 227 of the Act in the month the 
application is made, we may consider you to have at least one QC before 
1951 if you have $400 or more total wages before 1951, as defined in 
paragraph (d)(2) of this section, provided that the number of QCs 
credited to you under this paragraph plus the number of QCs credited to 
you for periods after 1950 make you fully insured.
* * * * *

Subpart C--Computing Primary Insurance Amounts

0
5. The authority citation for subpart C of part 404 continues to read 
as follows:

    Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the 
Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).


Sec.  404.271  [Amended]

0
6. Amend Sec.  404.271 by removing paragraph (a) and redesignating 
paragraphs (b) through (d) as paragraphs (a) through (c).

0
7. Amend Sec.  404.278 by revising paragraph (b)(1) to read as follows:


Sec.  404.278  Additional cost-of-living increase.

* * * * *
    (b) * * *
    (1) To compute the additional increase for all individuals and for 
maximum benefits payable to a family, we begin with the year in which 
the insured individual became eligible for old-age or disability 
benefits to which he or she is currently entitled, or died before 
becoming eligible.
* * * * *

Subpart D--Old-Age, Disability, Dependents' and Survivors' 
Insurance Benefits; Period of Disability

0
8. The authority citation for subpart D of part 404 is revised to read 
as follows:

    Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, and 
702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and (b), 
405(a), 416, 423, 425, and 902(a)(5)).


0
9. Amend Sec.  404.301 by revising paragraphs (b) and (c) and removing 
paragraph (d).
    The revisions read as follows:


Sec.  404.301  Introduction.

* * * * *
    (b) For a worker's dependents, benefits for a worker's wife, 
divorced wife, husband, divorced husband, and child; and
    (c) For a worker's survivors, benefits for a worker's widow, 
widower, divorced wife, child, and parent, and a lump-sum death 
payment.

0
10. Amend Sec.  404.304 by revising paragraph (e) as follows:


Sec.  404.304  What are the general rules on benefit amounts?

* * * * *
    (e) Government pension offset. If you are entitled to wife's, 
husband's, widow's, widower's, mother's, or father's benefits and 
receive a Government pension for work that was not covered under Social 
Security, your monthly benefits may be reduced because of that pension. 
For more information about this, see Sec.  404.408a, which covers 
reductions for Government pensions.
* * * * *


Sec. Sec.  404.380 through 404.384  [Removed and Reserved]

0
11. Remove the undesignated center heading, ``Special Payments at Age 
72,'' and remove and reserve Sec. Sec.  404.380 through 404.384.

Subpart E--Deductions; Reductions; and Nonpayments of Benefits

0
12. The authority citation for subpart E of part 404 continues to read 
as follows:

    Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 
216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social 
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 
U.S.C. 1801.


0
13. Amend Sec.  404.401 by revising the introductory text to read as 
follows:


Sec.  404.401  Deduction, reduction, and nonpayment of monthly benefits 
or lump-sum death payments.

    Under certain conditions, the amount of a monthly insurance benefit 
or the lump-sum death payment as calculated under the pertinent 
provisions of sections 202 and 203 of the Act (including reduction for 
age under

[[Page 21709]]

section 202(q) of a monthly benefit) must be increased or decreased to 
determine the amount to be actually paid to a beneficiary. Increases in 
the amount of a monthly benefit or lump-sum death payment are based 
upon recomputation and recalculations of the primary insurance amount 
(see subpart C of this part). A decrease in the amount of a monthly 
benefit or lump-sum death payment is required in the following 
instances:
* * * * *

0
14. Amend Sec.  404.460 by revising paragraph (a) introductory text to 
read as follows:


Sec.  404.460  Nonpayment of monthly benefits to aliens outside the 
United States.

    (a) Nonpayment of monthly benefits to aliens outside the United 
States more than 6 months. Except as described in paragraph (b) and 
subject to the limitations in paragraph (c) of this section after 
December 1956 no monthly benefit may be paid to any individual who is 
not a citizen or national of the United States, for any month after the 
sixth consecutive calendar month during all of which he is outside the 
United States, and before the first calendar month for all of which he 
is in the United States after such absence.
* * * * *

Subpart G--Filing of Applications and Other Forms

0
15. The authority citation for subpart G of part 404 is revised to read 
as follows:

    Authority: Secs. 202(i), (j), (o), (p), and (r), 205(a), 
216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402(i), (j), (o), (p), and (r), 405(a), 416(i)(2), 
423(b), 428(a), and 902(a)(5)).


0
16. Amend Sec.  404.620 by revising paragraph (a) introductory text and 
removing and reserving paragraph (b).
    The revision reads as follows:


Sec.  404.620  Filing before the first month you meet the requirements 
for benefits.

    (a) General rule. If you file an application for benefits before 
the first month you meet all the other requirements for entitlement, 
the application will remain in effect until we make a final 
determination on your application unless there is an administrative law 
judge hearing decision on your application. If there is an 
administrative law judge hearing decision, your application will remain 
in effect until the administrative law judge hearing decision is 
issued.
* * * * *


Sec.  404.621  [Amended]

0
17. Amend Sec.  404.621 by removing paragraph (c) and redesignating 
paragraphs (d) and (e) as paragraphs (c) and (d).

[FR Doc. 2018-09910 Filed 5-9-18; 8:45 am]
 BILLING CODE 4191-02-P