Removal of Special Payments at Age 72, 21707-21709 [2018-09910]
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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 https://
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among other things, are outdated or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
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• 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:
■
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§ 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:
■
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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:
■
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§ 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:
https://www.archives.gov and the
Government Publishing Office’s web
page at: https://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
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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 https://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
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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.
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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
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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)).
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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
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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]
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6. Amend Sec. 404.271 by removing paragraph (a) and redesignating
paragraphs (b) through (d) as paragraphs (a) through (c).
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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
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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)).
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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.
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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]
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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
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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.
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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:
* * * * *
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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
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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)).
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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]
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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
