TN 16 (11-93)

Citations:

Social Security Act § -- Sections 202(b) , 202(c) , 202(j)(3) , 202(k)(3) , 202(q) , 202(r) , 202(t) , 202(u) , 203(a) , 203(b) , 203(c) , 203(d) , 222(b) , 227 ;

Regulations 20 CFR -- 404.304 , 404.332 , 404.333

A. Policy

1. Spouse

The amount of a spouse’s benefit is as follows:

If only one spouse is entitled, he or she receives one-half the PIA of the NH subject to the normal rules on adjustment for the maximum and the rounding of benefits, and subject to reduction for age.

If more than one spouse is entitled, each qualifies for an amount equal to one-half of the PIA, subject to the rules on adjustment for the maximum and rounding of benefits, and subject to reduction for age.

When a legal spouse and deemed or putative spouse are simultaneously entitled, the legal spouse’s benefit is not subject to adjustment for the family maximum for the first and all subsequent months of entitlement. This is effective for benefits payable for months after December 1990.

2. Divorced spouse

The benefit amount for a divorced spouse is one-half the PIA of the NH subject to the rules on rounding of benefits and reduction for age but not subject to adjustment for the family maximum. (See RS 00202.020A.6. if the divorced spouse has a child in care in her or his first MOET before age 65.)

3. Independently entitled divorced spouse

An independently entitled divorced spouse's PIA is computed as if the NH became entitled to RIB in the first month of the claimant's entitlement. When the NH has covered earnings in the year of the claimant's entitlement to benefits or in a subsequent year, the PIA upon which the claimant's benefit is based may be recomputed to include these additional earnings. Regular recomputation rules apply.

4. Transitionally insured spouse

The spouse of a transitionally insured NH receives the following monthly amounts:

5. Reduced benefits

Benefits to a spouse or divorced spouse are normally reduced if the MOET is before FRA. If reduced, the benefit generally remains permanently reduced by the same reduction factor unless the beneficiary is eligible for a reduction factor adjustment (ARF) at FRA (see RS 00615.482).

6. Child in care

Benefits are not reduced if the spouse or divorced spouse has an entitled child of the NH in care. The child can be entitled to benefits on any E/R.

A divorced spouse's benefit is not reduced for any month if she or he has a child in care in the first MOET; i.e., the benefit remains unreduced even for later months before FRA in which no child is in care. See RS 00615.010 - Chart on Reduced Benefits. See RS 00615.201 - Reduced Spouse's Benefits.

B. References

• Family Maximum, RS 00615.682

• ARF, RS 00615.490

• Government Pension Offset, GN 02608.100

• Disability and Worker's Compensation Offset Applies, DI 52150.005 - DI 52150.070

• Computation of Reduced Benefits, RS 00615.201