[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Rules and Regulations]
[Pages 33849-33850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16207]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AE87
Supplemental Security Income for the Aged, Blind, and Disabled;
Charging Administration Fees for Making State Supplementary Payments
AGENCY: Social Security Administration (SSA).
ACTION: Final rule.
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SUMMARY: We are revising our rules to reflect statutory changes that
require the Social Security Administration (SSA) to increase the
administration fees it charges States for making supplementary payments
on behalf of States.
EFFECTIVE DATE: This rule is effective June 22, 1998.
FOR FURTHER INFORMATION CONTACT: Gareth Dence, Social Insurance
Specialist, Division of Payment Policy, Office of Program Benefits
Policy, Social Security Administration, 6401 Security Blvd., Baltimore,
MD 21235, (410) 965-9872 for information about this rule. For
information on eligibility or claiming benefits, call our national
toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 1993, pursuant to amendments made to the Social
Security Act (the Act) and to Pub. L. No. 93-66 by section 13731 of
Pub. L. No. 103-66, SSA began charging States that had elected Federal
administration of optional and/or mandatory State supplementary
payments a fee for administering those payments. This regulation
reflects section 5102 of Pub. L. No. 105-33 (the Balanced Budget Act of
1997), which increase the administration fee SSA charges States for
making supplementary payments on their behalf.
Present Policy
The administration fee is charged monthly and is derived by
multiplying the number of State supplementary payments made by SSA on
behalf of a State for a month by the applicable dollar rate for the
fiscal year (FY), as prescribed in section 13731 of Pub. L. No. 103-66.
The dollar rates are as follows: for FY 1994, $1.67; for FY 1995,
$3.33; for FY 1996, $5.00. For FY 1997 and each succeeding FY, the
statutory rate reflected in section 13731 of Pub. L. No. 103-66 is
$5.00 or such different rate as determined by SSA to be appropriate for
any particular State. In making this determination, SSA may take into
account the complexity of administering the State's supplementary
payment program.
Revised Policy
We are amending the regulation at Sec. 416.2010(b) to reflect
section 5102 of Pub. L. No. 105-33, that increases the fees SSA is
required to charge for administering State supplementary payments.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that this rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
Regulatory Flexibility Act
We certify that this rule will not have a significant economic
impact on a substantial number of small entities. Therefore, a
regulatory flexibility analysis as provided in the Regulatory
Flexibility Act, as amended, 5 U.S.C. 601 et seq. is not required.
Paperwork Reduction Act
This rule imposes no reporting/recordkeeping requirements subject
to OMB clearance.
(Catalog of Federal Domestic Assistance Program No. 96.006,
Supplemental Security Income)
Regulatory Procedures
Pursuant to section 702(a)(5) of the Act, SSA follows the
procedures specified in the Administrative Procedure Act (APA), 5
U.S.C. 553, in the development of its regulations. The APA provides
exceptions to its Notice of Proposed Rulemaking (NPRM) procedures when
an agency finds that there is good cause for dispensing with such
procedures on the basis that they are impracticable, unnecessary, or
contrary to the public interest. In the case of this final rule we have
determined that, under 5 U.S.C. 553(b)(B), good cause exists for
dispensing with the NPRM procedures. This rule contains no
discretionary policy; the changes made by this final rule merely
conform our regulation to the statutory changes made by Pub. L. No.
105-33. The statute requiring the increase in State supplementation
administration fees was effective on August 5, 1997. Therefore, we find
that opportunity for prior comment is unnecessary. In addition, we find
good cause for dispensing with the 30-day delay in the effective date
of a substantive rule provided for by 5 U.S.C. 553(d). We have
determined that a delay in the effective date of this rule is
unnecessary because the rule contains no discretionary policy but
merely conforms our regulations to a statutory provision that is
already in effect.
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
Dated: June 9, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
Subpart T of part 416 of chapter III of title 20 of the Code of
Federal Regulations is amended as follows:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart T--[Amended]
1. The authority citation for subpart T of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social
Security Act (42 U.S.C. 902(a)(5), 1382e, 1382g, and 1383); sec.
212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8(a),
(b)(1)-(b)(3), Pub. L. 93-233, 87 Stat. 956 (7 U.S.C. 612c note,
1431 note and 42 U.S.C. 1382e note); secs. 1(a)-(c) and 2(a),
2(b)(1), 2(b)(2), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note,
1382e note).
2. Section 416.2010 is amended by removing ``and'' at the end of
paragraph (b)(1)(iii), by revising (b)(1)(iv), and by adding (b)(1) (v)
through (x) to read as follows:
Sec. 416.2010 Essentials of the administration agreements.
* * * * *
(b) Administrative costs.
(1) * * *
(iv) For fiscal year 1997, $5.00;
(v) For fiscal year 1998, $6.20;
(vi) For fiscal year 1999, $7.60;
[[Page 33850]]
(vii) For fiscal year 2000, $7.80;
(viii) For fiscal year 2001, $8.10;
(ix) For fiscal year 2002, $8.50; and
(x) For fiscal year 2003 and each succeeding fiscal year--
(A) The applicable rate in the preceding fiscal year, increased by
the percentage, if any, by which the Consumer Price Index for the month
of June of the calendar year of the increase exceeds the Consumer Price
Index for the month of June of the calendar year preceding the calendar
year of the increase, and rounded to the nearest whole cent; or
(B) Such different rate as the Commissioner determines is
appropriate for the State taking into account the complexity of
administering the State's supplementary payment program.
[FR Doc. 98-16207 Filed 6-19-98; 8:45 am]
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