RS 00202: Spouse's Benefits

Effective Dates: 05/18/2016 - Present

TN 16 (11-93)

A. Policy

A person entitled to spouses benefits and another benefit does not receive both benefits.

1. Spouse's benefits and RIB or DIB

A spouse entitled to RIB or DIB receives his or her own RIB or DIB plus the difference between that benefit and the spouse's benefit.

2. Spouse's benefits and parent's or CDB

A spouse entitled to parent‘s or CDB receives only the larger benefit, but remains technically entitled to the smaller benefit.

If the larger benefit is not paid because of deduction events, the lower benefit still cannot be paid. If the larger benefit actually terminates, the lower benefit can be paid; no new application is needed.

If the spouse's benefit is reduced, the reduced benefit is compared to the parent's or CDB benefit.

3. Spouse's benefits and mother's or father's

A spouse entitled to mother's or father's benefits receives only the higher of the two benefits. When the claimant is entitled to mother's or father's benefits and could, upon filing an application, be entitled to spouse's benefits, the total family benefits payable may be a factor in the decision to file for spouse's benefits.

4. Spouse's benefits and widow(er)'s

If a spouse is entitled to spouse's benefits and to widow(er)'s benefits, he or she will receive the widow(er)'s benefits plus the amount by which the spouse's benefits exceeds it.

If a divorced spouse is entitled to divorced spouse’s benefits and to widow(er)’s benefits, he or she will receive only the larger benefit, but remains technically entitled to the smaller benefit. If the larger benefit is not paid because of deduction events, the lower benefit still cannot be paid. If the larger benefit actually terminates, the lower benefit can be paid; no new application is needed.