TN 24 (09-02)

A. BACKGROUND

The SS Act has been amended at various times to increase benefit amounts and to permit entitlement to benefits for categories of individuals not eligible on the basis of previous provisions. Prior to the 1971 amendments, family maximums were not always increased by the same percentage as the PIAs. The result was that some family maximums remained the same after a conversion. Starting September 1952, whenever an amendment to the Act increased the PIA or allowed a new type of entitlement, saving clauses ensured a benefit increase in some cases and prevented a decrease in other cases.

Benefit conversion saving clauses and special saving clauses that have been in general use are summarized in RS 00630.400.

B. POLICY

1. When Savings Clauses Occur

Savings clauses are provided:

• At the time of a conversion of benefits to avoid lowering benefits or to guarantee minimum increases to auxiliaries and survivors already on the rolls.

• To protect the benefit rights and the benefit amounts of other beneficiaries already on the rolls whenever amendments create a new basis for entitlement if the existing beneficiaries would be adversely affected by the changes.

2. When Savings Clauses End

Once a saving clause is established, it will continue in effect until the table or formula maximum becomes larger. NOTE: Even though the table or formula maximum may become payable, it is possible that the savings clause maximum may again become payable if the total payable under the savings clause exceeds that payable using the table or formula maximum.