[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7515]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Social Security Administration

20 CFR Part 404

[Regulation No. 4]
RIN 0960-AD69

 

Federal Old-Age, Survivors, and Disability Insurance; 
Requirements for Entitlement to Widow(er)'s Benefits

AGENCY: Social Security Administration, HHS.

ACTION: Final rule.

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SUMMARY: This final rule reflects technical changes which clarify 
entitlement requirements for widow's and widower's benefits. 
Specifically, it clarifies that entitlement or potential entitlement to 
mother's/father's benefits, on the record of a fully insured 
individual, in the month prior to the month of marriage to an insured 
satisfies the alternative to the duration of marriage requirement for 
widow(er)'s benefits. By publishing these changes, we will ensure that 
the rules for widow(er)'s benefits are consistent with the related 
sections of the Social Security Act (the Act).

EFFECTIVE DATE: March 30, 1994.

FOR FURTHER INFORMATION CONTACT: Harry J. Short, Legal Assistant, 
Office of Regulations, Social Security Administration, 6401 Security 
Boulevard, Baltimore, Maryland 21235, (410) 965-6243.

SUPPLEMENTARY INFORMATION: To be considered the widow or widower of a 
deceased insured individual for purposes of entitlement to Social 
Security benefits, the surviving spouse must meet at least one of the 
alternatives set forth in sections 216 (c) and (g) of the Act. One of 
those alternatives, described in sections 216 (c)(6)(A) and (g)(6)(A) 
of the Act, is met if the surviving spouse, in the month before the 
month of marriage to the insured, was entitled to, or upon filing an 
application and attaining age 62 in that prior month would have been 
entitled to, wife's, husband's, widow(er)'s, or parent's benefits on 
the record of another insured individual. Sections 216 (c)(6)(A) and 
(g)(6)(A) of the Act do not specifically mention entitlement or 
potential entitlement to mother's or father's benefits. However, after 
excluding the age and application requirements as directed by sections 
216 (c)(6)(A) and (g)(6)(A), the entitlement criteria for a mother or 
father on the record of a fully insured individual are the same as the 
entitlement criteria for a widow or widower. Therefore, the benefit 
categories of mother and father were included in 20 CFR 404.335(a)(4) 
of the regulations at the time Subpart D was recodified.
    Entitlement to widow(er)'s benefits must be based on the record of 
a fully insured individual, whereas entitlement to father's or mother's 
benefits can be based on the record of either a currently insured or a 
fully insured individual. Therefore, for purposes of the alternative 
discussed above, only those surviving spouses who previously were 
entitled or potentially entitled to mother's or father's benefits based 
on the record of a ``fully insured'' individual would also satisfy the 
entitlement criteria for widow(er)'s benefits. Surviving spouses who 
previously were entitled or potentially entitled to mother's or 
father's benefits on the record of an individual who was only 
``currently insured'' would not satisfy the alternative. To make 
Sec. 404.335(a)(4) completely accurate and to ensure consistent 
application of the statute, this regulation should state that the 
alternative would be met only if the earlier insured, on whose record 
the mother's or father's benefits were paid or were potentially 
payable, was fully insured.
    To clarify the rule in Sec. 404.335(a)(4) so that the wording is 
consistent with the statute, we are adding parentheticals after the 
words ``father's'' and ``mother's'' which will state ``based on the 
record of a fully insured individual.''

Regulatory Procedures

Justification for Final Rule

    The Department, even when not required by statute, as a matter of 
policy, generally follows the Administrative Procedure Act (APA) notice 
of proposed rulemaking and public comment procedures specified by 5 
U.S.C. 553 in the development of its regulations. The APA provides 
exceptions to its notice and public comment procedures when an agency 
finds there is good cause for dispensing with such procedures on the 
basis that they are impracticable, unnecessary, or contrary to the 
public interest. We have determined that, under 5 U.S.C. 553(b)(B), 
good cause exists for dispensing with the notice and public comment 
procedures because such procedures are unnecessary. This rule merely 
conforms a technical requirement in the regulation more closely to the 
statute and does not involve the setting of any discretionary policy.

Executive Order 12866

    We have consulted with the Office of Management and Budget and 
determined that this rule is not significant and does not require 
review under Executive Order 12866.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities because this 
rule affects only individuals. Therefore, a regulatory flexibility 
analysis is not required.

Paperwork Reduction Act

    This regulation imposes no reporting/recordkeeping requirements 
necessitating clearance by the Office of Management and Budget.

(Catalog of Federal Domestic Assistance Program No. 93.802, Social 
Security-Disability Insurance; 93.803, Social Security-Retirement 
Insurance; 93.805, Social Security-Survivors Insurance)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure, Death benefits, Disability 
benefits, Old-Age, Survivors and Disability Insurance, Reporting and 
recordkeeping requirements.

    Dated: February 1, 1994.
Shirley Chater,
Commissioner of Social Security.

    Approved: March 18, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.

    For the reasons set out in the preamble, part 404 of chapter III of 
title 20 of the Code of Federal Regulations is amended to read as 
follows:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950-  )

    1. The authority citation for subpart D of part 404 continues to 
read as follows:

Subpart D--Old-Age, Disability, Dependents' and Survivors' 
Insurance Benefits; Period of Disability

    Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 228(a) 
through (e), and 1102 of the Social Security Act; 42 U.S.C. 402, 
403(a) and (b), 405(a), 416, 423, 428(a) through (e), and 1302.

    2. Section 404.335 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 404.335 Who is entitled to widow's or widower's benefits.

* * * * *
    (a) * * *
    (4) In the month before you married the insured, you were entitled 
to or, if you had applied and had been old enough, could have been 
entitled to any of these benefits or payments: widow's, widower's, 
father's (based on the record of a fully insured individual), mother's 
(based on the record of a fully insured individual), wife's, husband's, 
parent's, or disabled child's benefits; or annuity payments under the 
Railroad Retirement Act for widows, widowers, parents, or children age 
18 or older;
* * * * *
[FR Doc. 94-7515 Filed 3-29-94; 8:45 am]
BILLING CODE 4190-29-M