Social Security Administration § 404.405
§ 404.405 Situations where total bene- (i) Two or more persons were entitled fits can exceed maximum because to benefits for December 1972 on the of ‘‘savings clause.’’ earnings records of a deceased individ- The following provisions are savings ual and at least one such person is en- clauses and describe exceptions to the titled to benefits as the deceased indi- rules concerning the maximum amount vidual’s widow or widower for Decem- payable on an individual’s earnings ber 1972 and for January 1973; and record in a month as described in (ii) The total of benefits to which all § 404.403. The effect of a savings clause is persons are entitled for January 1973 is to avoid lowering benefit amounts or reduced (or would be reduced if deduc- to guarantee minimum increases to tions were not applicable) for the maxi- certain persons entitled on the earn- mum under § 404.403. ings record of the insured individual In such case, the benefit of each person when a statutory change has been referred to in paragraph (o)(1)(i) of this made that would otherwise disadvan- section for months after December 1972 tage them. The reduction described in shall be no less than the amount it § 404.403 does not apply in the following would have been if the widow’s or wid- instances: ower’s benefit had not been redeter- (a)—(m) [Reserved] mined under the Social Security (n) Months after August 1972. The re- Amendments of 1972. duction described in § 404.403(a) shall (2) In the case of entitlement to not apply to benefits for months after child’s benefits based upon disability August 1972 where two or more persons which began between ages 18 and 22 the were entitled to benefits for August reduction described in § 404.403 shall 1972 based upon the filing of an applica- not apply if: tion in August 1972 or earlier and the (i) One or more persons were entitled total of such benefits was subject to re- to benefits on the insured individual’s duction for the maximum under earnings record for December 1972 § 404.403 (or would have been subject to based upon an application filed in that such reduction except for this para- month or earlier; and graph) for January 1971. In such a case, (ii) One or more persons not included maximum family benefits on the in- in paragraph (o)(2)(i) of this section are sured individual’s earnings record for entitled to child’s benefits on that any month after August 1972 may not earnings record for January 1973 based be less than the larger of: upon disability which began in the pe- (1) The maximum family benefits for riod from ages 18 to 22; and such month determined under the ap- (iii) The total benefits to which all plicable table in section 215(a) of the persons are entitled on that record for Act (the applicable table in section January 1973 is reduced (or would be re- 215(a) is that table which is effective duced if deductions were not applica- for the month the benefit is payable or ble) for the maximum under § 404.403. in the case of a lump-sum payment, the month the individual died); or In such case, the benefit of each person (2) The total obtained by multiplying referred to in paragraph (o)(2)(i) of this each benefit for August 1972 after re- section for months after December 1972 duction for the maximum but before shall be no less than the amount it deduction or reduction for age, by 120 would have been if the person entitled percent and raising each such increased to child’s benefits based upon disability amount, if it is not a multiple of 10 in the period from ages 18 to 22 were cents, to the next higher multiple of 10 not so entitled. cents. (3) In the case of entitlement of cer- (o) Months after December 1972. The re- tain surviving divorced mothers, the duction described in § 404.403 shall not reduction described in § 404.403 shall apply to benefits for months after De- not apply if: cember 1972 in the following cases: (i) One or more persons were entitled (1) In the case of a redetermination of to benefits on the insured individual’s widow’s or widower’s benefits, the re- earnings record for December 1972 duction described in § 404.403 shall not based upon an application filed in De- apply if: cember 1972 or earlier; and
113
VerDate 08
(ii) One or more persons not included immediately before the month of in- in paragraph (o)(3)(i) of this section are crease in the primary insurance entitled to benefits on that earnings amount (after reduction for the family record as a surviving divorced mother maximum but before deductions or re- for a month after December 1972; and ductions for age) multiplied by the per- (iii) The total of benefits to which all centage of increase. Any such increased persons are entitled on that record for amount, if it is not a multiple of $0.10, any month after December 1972 is re- will be raised to the next higher mul- duced (or would be reduced if deduc- tiple of $0.10 for months before June tions were not applicable) for the maxi- 1982 and reduced to the next lower mul- mum under § 404.403. tiple of $0.10 for months after May 1982. In such case, the benefit of each such (q) Months after May 1978. The family person referred to in paragraph (o)(3)(i) maximum for months after May 1978 is of this section for months after Decem- figured for all beneficiaries just as it ber 1972 in which any person referred to would have been if none of them had in paragraph (o)(3)(ii) of this section is gotten a benefit increase because of the entitled shall be no less than it would retirement credit if: have been if the person(s) referred to in (1) One or more persons were entitled paragraph (o)(3)(ii) of this section had (without the reduction required by not become entitled to benefits. § 404.406) to monthly benefits for May (p) Months after December 1973. The re- 1978 on the wages and self-employment duction described in § 404.403 shall not income of a deceased wage earner; apply to benefits for months after De- (2) The benefit for June 1978 of at cember 1973 where two or more persons least one of those persons is increased were entitled to monthly benefits for by reason of a delayed retirement cred- January 1971 or earlier based upon ap- it (see § 404.330(b)(4) or § 404.333(b)(4)); plications filed in January 1971 or ear- and lier, and the total of such benefits was (3) The total amount of monthly ben- subject to reduction for the maximum efits to which all those persons are en- under § 404.403 for January 1971 or ear- lier. In such a case, maximum family titled is reduced because of the maxi- benefits payable on the insured individ- mum or would be so reduced except for ual’s earnings record for any month certain restrictions (see § 404.403 and after January 1971 may not be less than § 404.402(a)). the larger of: [32 FR 19159, Dec. 20, 1967, as amended at 40 (1) The maximum family benefit for FR 30814, July 23, 1975; 43 FR 8132, Feb. 28, such month shown in the applicable 1978; 43 FR 29277, July 7, 1978; 48 FR 46148, table in section 215(a) of the Act (the Oct. 11, 1983] applicable table in section 215(a) of the Act is that table which is effective for § 404.406 Reduction for maximum be- the month the benefit is payable or in cause of retroactive effect of appli- the case of a lump-sum payment, the cation for monthly benefits. month the individual died); or Under the provisions described in (2) The largest amount which has § 404.403, beginning with the month in been determined payable for any which a person files an application and month for persons entitled to benefits becomes entitled to benefits on an in- on the insured individual’s earnings sured individual’s earnings record, the records; or benefit rate of other persons entitled (3) In the case of persons entitled to on the same earnings record (aside benefits on the insured individual’s from the individual on whose earnings earnings record for the month imme- record entitlement is based) are ad- diately preceding the month of a gen- justed downward, if necessary, so that eral benefit or cost-of-living increase the maximum benefits payable on one after September 1972, an amount equal earnings record will not be exceeded. to the sum of the benefit amount for An application may also be effective each person (excluding any part of an (retroactively) for benefits for months old-age insurance benefit increased be- before the month of filing (see § 404.607). cause of delayed retirement under the For any month before the month of fil- provisions of § 404.305(a) for the month ing, however, benefits that have been
114
VerDate 08