RS 00630: Monthly Benefit Amount Computations with Limited Applicability
TN 4 (05-12)
The following chart contains the summary of saving clauses:
Type |
Eligibility Requirements |
Rate Determination |
Remarks |
---|---|---|---|
Remarried Widow(er)’s Saving Clause, RS 00615.801, Effective 01/1979 |
Two or more persons entitled for 12/1978; |
Benefit rate for each person entitled for 12/1978, can be no lower for months after 12/1978, than it would be if the remarried widow(er)’s benefits had not increased under the 1977 amendment provision. |
We do not establish a new family maximum (FMAX). We permit payment to exceed the established FMAX. |
Widow(er)'s Delayed Retirement Credit (DRC) Saving Clause, Effective 06/1978 |
Two or more persons entitled for 05/1978; |
Benefit rate for each person entitled for 05/1978, can be no lower for months after 05/1978, than it would be if the widow(er)'s benefits did not increase, due to the DNH's DRC's. |
We do not establish a new FMAX. We permit payment to exceed the established FMAX. |
Cost of Living and General Benefit Increase Saving Clause (COLSC), effective 03/1974, and each later cost of living (COL), or general benefit increase |
Two or more persons entitled for months before a COL or general benefit increase; |
If table rates using the new primary insurance amount (PIA) do not increase by at least the same percentage as the PIA, the benefit amount for the month before the conversion (before age reduction) is multiplied by the conversion percentage, subject to adjustment, if family composition changes in month of increase. Any person's benefit may not exceed the original benefit (OB). |
FMAX for month of COL or general benefit increase is largest of the new table MAX; |
Widow(er)'s Redetermination Savings Clause, Effective 01/1973 |
Two or more persons are entitled for 12/1972; |
Benefit rate of each person who is entitled 12/1972, can be no lower for months after 12/1972, than the amount would be if the widow(er)'s benefits were not redetermined. |
We do not establish a new FMAX. We permit payment to exceed the established FMAX. |
Childhood Disability Saving Clause, Effective 01/1973 |
Any person entitled for 12/1972, based on application filed in or before 12/1972; |
We guarantee a person on the rolls in 12/1972, the same benefit for months after 12/1972, as if the disabled child were not entitled. |
We do not establish a new FMAX, but payment can exceed the established FMAX. |
NOTE: In contrast to the COLSC MAX, the claimant did not have to file in 01/1971, or earlier. |
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1972 Benefit Conversion Saving Clause, Effective 09/1972 |
Two or more persons are entitled for 08/1972, based on applications filed in or before 08/1972, |
If table rates using 1972 PIA do not result in a 20 percent increase, then the auxiliary or survivor rate is the benefit amount for 08/1972, (computed using rate applicable to a 1971 PIA and not reduced for age) multiplied by 120 percent, subject to adjustment if family composition changes in 09/1972. Do not exceed original rate. |
FMAX for 09/1972, is the largest of:
|
1972 Family Payment Saving Clause, Effective 01/1972 |
Two or more persons are entitled to monthly benefits; Benefits for that month are reduced for the MAX and at least one beneficiary is reduced for age; PIA is increased the following month; Total family payment is less after the PIA increase than it was before. |
If no auxiliary subject to age reduction:
Auxiliary Increase:
|
The established FMAX will not change—only total benefits payable are affected. When applying the 1972 benefit conversion SC or COLSC, we will reduce the protected auxiliary rate in determining the saving clause maximum. |
1971 Benefit Conversion Saving Clause, Effective 01/1971 |
Two or more persons entitled for 01/1971, based on applications filed on or before 02/01/1971 (01/31/1971 was on non-work day); At least one of them was entitled for 12/1970, based on an application filed in or before 12/1970. |
If table rates using 1971 PIA do not result in a 10 percent increase, then the auxiliary or survivor rate is the benefit amount for 01/1971 (using rate applicable to a 1969 amendment PIA, and not reduced for age) multiplied 110 percent. (Do not exceed original rates.) |
FMAX for 01/1971, and future month is the largest of: |
1969 Benefit Conversion Saving Clause, Effective 01/1970 |
Two or more persons |
If table rates using 1969 PIA do result in a 15 percent increase, then auxiliary or survivor rate is the benefit amount for 01/1970 (computed using rate applicable to a 1967 PIA, and not reduced for age) multiplied by 115 percent. (Do not exceed original rates.) |
FMAX for 01/1970, and all future months, without regard to terminations and new entitlements, is the largest of the 1969 table MAX; |
1969 Family Payment Saving Clause, Effective 01/1970 |
Two or more persons are entitled to monthly benefits; |
If total family payment Only NH reduced for age. 1967 total payable
Difference:
|
FMAX is the 1969 table maximum. |
1967 Benefit Conversion Saving Clause, Effective 02/1968 |
Two or more persons entitled for 02/1968, based on application filed in or before 02/1968. |
Auxiliary or Survivor rate is benefit amount for 02/1968 (computed using rate applicable to a 1965 amendment PIA, and not reduced for age) multiplied by 113 percent. |
FMAX for 02/1968 and all future months, without regard to terminations and new entitlements, is the larger of:
|
General Saving Clause, Effective 02/1968 |
One or more persons entitled for 01/1968, based on applications filed in or before 01/1968;
|
Benefits for persons entitled 01/1968 are determined as though they are the only entitled person(s). |
FMAX is the table MAX, unless the 1967 benefit conversion saving clause or a prior saving clause maximum also applies. |
Special Saving Clause Where Illegitimate |
One or more persons (not included below) are entitled to benefits for 01/1968, based on application filed in or before 01/1968; |
We determine rates for person(s) entitled other than under Section 216(h)(3) as if 216(h)(3) children were not entitled. |
FMAX is the table maximum, unless the 1967 benefit conversion saving clause also applies. |
1965 Conversion Saving Clause |
Two or more persons entitled for benefits in or before 07/1965, based on applications filed in or before 07/1965 except: |
Auxiliary or surviving rate is the benefit amount for each month 01/1965 to 07/1965, (computed using rate applicable to a 1958 PIA, and not reduced for age) multiplied by 107 percent. Where terminations of new entitlements (other than student children) occur 01/1965 to 07/1965, rates are redetermined each month such an event takes place. |
FMAX for 01/1965 to 07/1965 is the larger of: |
1961 Saving Clause, Effective 08/1961 |
Two or more persons are entitled to benefits for 07/1961, based on applications filed before 08/1961; |
Increase benefits to D, D1, or F from 75 percent to 82 1/2 percent of the PIA, with adjustment for the MAX. |
FMAX is the table MAX. |
1960 Child's Benefit Increase Saving Clause, Effective 12/1960 |
A beneficiary (except one entitled under the deemed marriage provision) is entitled for 11/1960, based on an application filed before 12/1960. |
We determine all benefits, except the survivor children's benefits, as if the children's original benefits had not increased to 75 percent of the PIA from the prior original survivor child's rate. (50 percent of the PIA, plus 25 percent of the PIA divided by the number of children.) |
Claimant does not exceed established FMAX (except due to rounding). |
Deemed Marriage Saving Clause Effective 09/1960 |
At least one beneficiary entitled for 08/1960, based on application filed in or before 08/1960: |
We determined rates for person(s) entitled 08/1960, as though deemed marriage beneficiary were not entitled. |
A new FMAX is not established. We permitted payment to exceed the established FMAX. |
Prior Freeze Saving Clause, Effective 11/1960 |
NH had a period of disability beginning before 1959 and continuing until he became entitled to RIB, DIB, or died |
Rates as determined based on FMAX; unless the beneficiary was entitled before 11/1960, and the PIA is between $67 and $109, the MAX is the regular 1958 FMAX, plus the difference between the 1958 and the lowest corresponding 1954 PIA. It cannot exceed $254. |
FMAX is the MAX. Terminations or new entitlements do not affect the MAX. |
1958 Conversion Saving Clause, Effective 01/1959 |
At least one beneficiary entitled for 12/1958; |
FMAX is: |
Applies where 1958 PIA was between $68 and $97. |
08/1958 Survivor's Saving Clause, Effective 09/1958 |
A parent (who was previously eligible for benefits because the NH left a widow(er) or child eligible for benefits on the same SSN) becomes entitled after 08/1958. |
Rates for person(s) other than parents are determined as though the parent were not entitled. |
A new FMAX is established. Claimant may exceed MAX. |
P.L. 238 Benefit Saving Clause Effective 09/1957 |
A parent was on the rolls as of 08/1957, based on the filing date of 08/1957 or earlier; |
We determine the parent's benefit as if the spouse were not entitled. |
FMAX is the table MAX. |
1954 Auxiliaries Conversion Saving Clause, Effective 09/1954 |
Auxiliary beneficiaries entitled for 08/1954, based on application filed in or before 08/1954. |
FMAX must increase by at least the money amount (not percentage of the PIA increase). |
Saving clause maximum remains in effect until NH dies. |
1954 Survivor's Conversion Saving Clause, Effective 09/1954 |
At least two survivors entitled before 09/1954, based on applications filed before 09/1954; |
FMAX is the higher of: |
We can use the 1954 Survivor’s Conversion Saving Clause any time after 09/1954, so long as the claimant met the requirements. |
1952 Conversion Saving Clause, Effective 09/1952 |
Applied only to auxiliaries (not to survivors). |
FMAX must increase by at least the money amount (not percentage of the PIA increase). |
Saving clause maximum applies until the NH dies. |