[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 41-42]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33036]



20 CFR Part 404

[Docket No. SSA-2015-0018]
RIN 0960-AH85

Extension of the Workers' Compensation Offset From Age 65 to Full 
Retirement Age--Achieving a Better Life Experience (ABLE) Act

AGENCY: Social Security Administration.

ACTION: Notice of Proposed Rulemaking (NPRM).


SUMMARY: We propose to amend our regulations to incorporate changes 
made by the ABLE Act to section 224(a) of the Social Security Act. The 
ABLE Act amends section 224(a) by changing the age at which disability 
insurance benefits (DIB) are no longer subject to reduction (offset) 
based on receipt of workers' compensation or public disability benefits 
(WC/PDB), from age 65 to the day the individual attains full retirement 
age. This change will make our rules consistent with the provisions of 
the Act, as amended by the ABLE Act.

DATES: To ensure that we consider your comments, we must receive them 
by no later than February 3, 2016.

ADDRESSES: You may submit comments, by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2015-0018 so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information you wish to make publicly available. We strongly urge you 
not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend this method for submitting your 
comments. Visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Web page's Search function to find docket 
number SSA-2015-0018. Once you submit your comment, the system will 
issue you a tracking number to confirm your submission. You will not be 
able to view your comment immediately because we post each comment 
manually. It may take up to a week for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 

FOR FURTHER INFORMATION CONTACT: Dean Dwight, Office of Income Security 
Programs, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 966-7161. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, 
Social Security Online, at http://www.socialsecurity.gov.



    We propose amending our regulations to incorporate changes made to 
section 224(a) of the Social Security Act by the ABLE Act \1\. The ABLE 
Act extends the WC/PDB offset to full retirement age (i.e. ``retirement 
age'' as defined in section 216(l)(1) of the Social Security Act and 
``full retirement age'' as discussed in 20 CFR 404.409). As a result of 
the changes made by the ABLE act, we will no longer terminate the WC/
PDB offset at age 65. The provision applies to any individual whose DIB 
payment is offset for WC/PDB and who attains age 65 on December 19, 
2015 or later.

    \1\ Public Law 113-295, Sec.  201, 128 Stat. 4010, 4064.

Explanation of Changes

    We propose amending section 404.408 of our rules to reflect the 
changes mandated by section 201 of the ABLE Act. We also propose to 
make a conforming change to section 404.401(a)(4) of our rules. We are 
not making any other changes to our rules.

Workers' Compensation/Public Disability Benefit

    Before the ABLE Act, WC/PDB offset ended at age 65. Under the ABLE 
Act, the WC/PDB offset will apply until a beneficiary attains full 
retirement age.

Clarity of This Proposed Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on these proposed rules, we invite your 
comments on how to make them easier to understand.
    For example:

[[Page 42]]

     Would more, but shorter, sections be better?
     Are the requirements in the rules clearly stated?
     Have we organized the material to suit your needs?
     Could we improve clarity by adding tables, lists, or 
     What else could we do to make the rules easier to 
     Do the rules contain technical language or jargon that is 
not clear?
     Would a different format make the rules easier to 
understand, e.g. grouping and order of sections, use of headings, 

Regulatory Procedures

Executive Order 12866 as supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that these proposed rules do not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 

Regulatory Flexibility Act

    We certify that these proposed rules will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program No. 96.006, 
Supplemental Security Income.)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure; Blind; Disability benefits; 
Government employees; Old-age, Survivors and Disability Insurance; 
Reporting and recordkeeping requirements; Social security.

    Dated: December 23, 2015.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we propose to amend subpart 
E of Part 404 of title 20 of the Code of Federal Regulations as set 
forth below:


Subpart E--[Amended]

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

    Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 
216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social 
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 
U.S.C. 1801.

2. In Sec.  404.401, revise paragraph (a)(4) to read as follows:

Sec.  404.401  Deduction, reduction, and nonpayment of monthly benefits 
or lump-sum death payments.

* * * * *
    (a) * * *
    (4) An individual under full retirement age (see Sec.  404.409) is 
concurrently entitled to disability insurance benefits and to certain 
public disability benefits (see Sec.  404.408);
* * * * *
3. In Sec.  404.408, revise paragraph (a)(2)(ii) to read as follows:

Sec.  404.408  Reduction of benefits based on disability on account of 
receipt of certain other disability benefits provided under Federal, 
State, or local laws or plans.

* * * * *
    (a) * * *
    (2) * * *
    (ii) The individual has not attained full retirement age as defined 
in 20 CFR 404.409.
* * * * *
[FR Doc. 2015-33036 Filed 12-31-15; 8:45 am]