[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21707-21709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09910]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules 
and Regulations  

[[Page 21707]]



SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2017-0034]
RIN 0960-AI16


Removal of Special Payments at Age 72

AGENCY: Social Security Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are removing from the Code of Federal Regulations our 
``Special Payments at Age 72'' rules because they are obsolete. We are 
removing these rules in accordance with the requirements of Executive 
Order (E.O.) 13777.

DATES: Effective May 10, 2018.

FOR FURTHER INFORMATION CONTACT: Linda Appler, Social Security 
Administration, 410-966-6760 or [email protected]. 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.

SUPPLEMENTARY INFORMATION: We are removing our rules, ``Special 
Payments at Age 72,'' in accordance with E.O. 13777 (``Enforcing the 
Regulatory Reform Agenda'').\1\ The Executive Order requires agencies 
to identify rules that, among other things, are outdated or 
unnecessary, and repeal, replace, or modify them, consistent with 
applicable law. These rules, found in sections 404.380-404.384 of our 
rules, implement section 228 of the Social Security Act (Act). Congress 
enacted section 228 of the Act in 1966 to provide a special payment to 
individuals who had little or no chance to become fully insured for 
regular Social Security benefits during their working years because 
they were too old when the Social Security program began, or when 
Social Security coverage was first extended to their jobs.\2\ Congress 
amended section 228 in 1990 to prohibit entitlement to special age 72 
payments for individuals who attained age 72 after 1971.\3\ We amended 
our rules in 1992 to reflect this change in the Act.\4\
---------------------------------------------------------------------------

    \1\ 82 FR 12285.
    \2\ Section 302 of Public Law 89-368, 80 Stat. 38.
    \3\ Section 5114 of Public Law 101-508, 104 Stat. 1388, 1388-
273.
    \4\ 57 FR 21598.
---------------------------------------------------------------------------

    We are removing these rules from the CFR because they are obsolete 
and no longer necessary. We are also revising other sections in the CFR 
to remove references to special age 72 payments. There are no 
individuals who currently receive special age 72 payments, and no 
individuals will become entitled to these payments in the future.
    We are also rescinding several Social Security Rulings (SSR) that 
relate to special age 72 payments because those SSRs are also obsolete. 
We are rescinding, under a separate Notice published concurrently with 
this final rule, the following SSRs:
     SSR 67-28: Section 228(c)(1) and (h)(2).--Special Age 72 
Payments For Uninsured Individuals--Reduction Because Of Eligibility 
For Governmental Pension;
     SSR 68-13: Sections 228(c)(1) and 228(h)(2).--Special Age 
72 Payments--Governmental Pension System--Teachers' Retirement Fund;
     SSR 68-36: Section 228(c) and 228(h)(2).--Special Age 72 
Payment--Reduction Because Of Eligibility For Veterans' Administration 
Pension;
     SSR 68-37: Section 228(c) and (h).--Special Age 72 
Payment--Eligibility For Teacher's Annuity Purchased From Personal 
Funds Not Cause For Offset;
     SSR 68-52: Sections 228(c)(1), 228(h)(2) and (3).--Special 
Age 72 Payments For Uninsured Individual--Reduction Due To Commutation 
Of Periodic Pension;
     SSR 68-78: Sections 228(c)(1) and (h)(2).--Special Age 72 
Payments For Uninsured Individuals--Reduction Because Of Eligibility 
For Governmental Pension;
     SSR 70-23c: Section 228(c).--Special Age 72 Payments--
Effect On Claimant's Eligibility Where Application Not Filed By Spouse 
Who Is Eligible For Periodic Benefit Under Governmental Pension System;
     SSR 72-27: Sections 228 (of Social Security Act) and 103 
of Social Security Amendments of 1965.--Special Age 72 and Hospital 
Insurance Benefits--5 Years Continuous Residence Requirement; and
     SSR 74-27c: Sections 205(g), 228(a) and (e) (42 U.S.C. 
405(g), 428(a), and 428(e)).--Special Age 72 Payments--Application and 
Residence Requirements--Constitutionally [sic] as to Puerto Rican 
Residents.

Regulatory Procedures

Justification for Issuing a Final Rule Without Notice and Comment

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 when we develop regulations. 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final rule. The APA 
provides exceptions to its notice and public comment procedures when an 
agency finds there is good cause for dispensing with such procedures 
because they are impracticable, unnecessary, or contrary to the public 
interest.
    We find that there is good cause under 5 U.S.C. 553(b)(B) to issue 
this regulatory change as a final rule without prior public comment. We 
find that prior public comment is unnecessary because this final rule 
only removes from the Code of Federal Regulations obsolete and 
unnecessary rules that do not affect any living beneficiaries.
    In addition, we find good cause for dispensing with the 30-day 
delay in the effective date of this rule provided for in 5 U.S.C. 
553(d)(3). For the reasons stated above, we find it unnecessary to 
delay the effective date of the changes we are making in this final 
rule. Accordingly, we are making them effective upon publication.

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under E.O. 12866, as supplemented by E.O. 
13563. Thus, OMB did not review the final rule.

[[Page 21708]]

Regulatory Flexibility Act

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

Paperwork Reduction Act

    This final rule does not create any new or affect any existing 
collections and, therefore, does not require OMB approval under the 
Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program Social Security--
Retirement Insurance; and 96.004, Social Security--Survivors 
Insurance)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-age, Survivors, and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

Nancy A. Berryhill,
Acting Commissioner of Social Security.

    For the reasons set out in the preamble, we amend 20 CFR chapter 
III part 404, Subparts A, B, C, D, E, and G as set forth below:

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

Subpart A--Introduction, General Provisions and Definitions

0
1. The authority citation for subpart A of part 404 continues to read 
as follows:

    Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the 
Social Security Act (42 U.S.C. 403, 405(a), 416(j), and 902(a)(5)) 
and 48 U.S.C. 1801.


0
2. Amend Sec.  404.2 by revising paragraph (c)(2) to read as follows:


Sec.  404.2  General definitions and use of terms.

* * * * *
    (c) * * *
    (2) Benefit means an old-age insurance benefit, disability 
insurance benefit, wife's insurance benefit, husband's insurance 
benefit, child's insurance benefit, widow's insurance benefit, 
widower's insurance benefit, mother's insurance benefit, father's 
insurance benefit, or parent's insurance benefit under Title II of the 
Act. (Lump sums, which are death payments under title II of the Act, 
are excluded from the term benefit as defined in this part to permit 
greater clarity in the regulations.)
* * * * *

Subpart B--Insured Status and Quarters of Coverage

0
3. The authority citation for subpart B of part 404 continues to read 
as follows:

    Authority: Secs. 205(a), 212, 213, 214, 216, 217, 223, and 
702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 412, 413, 
414, 416, 417, 423, and 902(a)(5)).


0
4. Amend Sec.  404.110 by revising paragraph (d)(1)(ii) to read as 
follows:


Sec.  404.110  How we determine fully insured status.

* * * * *
    (d) * * *
    (1)* * *
    (ii) If you file an application in June 1992 or later and you are 
not entitled to a benefit under section 227 of the Act in the month the 
application is made, we may consider you to have at least one QC before 
1951 if you have $400 or more total wages before 1951, as defined in 
paragraph (d)(2) of this section, provided that the number of QCs 
credited to you under this paragraph plus the number of QCs credited to 
you for periods after 1950 make you fully insured.
* * * * *

Subpart C--Computing Primary Insurance Amounts

0
5. The authority citation for subpart C of part 404 continues to read 
as follows:

    Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the 
Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).


Sec.  404.271  [Amended]

0
6. Amend Sec.  404.271 by removing paragraph (a) and redesignating 
paragraphs (b) through (d) as paragraphs (a) through (c).

0
7. Amend Sec.  404.278 by revising paragraph (b)(1) to read as follows:


Sec.  404.278  Additional cost-of-living increase.

* * * * *
    (b) * * *
    (1) To compute the additional increase for all individuals and for 
maximum benefits payable to a family, we begin with the year in which 
the insured individual became eligible for old-age or disability 
benefits to which he or she is currently entitled, or died before 
becoming eligible.
* * * * *

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

0
8. The authority citation for subpart D of part 404 is revised to read 
as follows:

    Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, and 
702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and (b), 
405(a), 416, 423, 425, and 902(a)(5)).


0
9. Amend Sec.  404.301 by revising paragraphs (b) and (c) and removing 
paragraph (d).
    The revisions read as follows:


Sec.  404.301  Introduction.

* * * * *
    (b) For a worker's dependents, benefits for a worker's wife, 
divorced wife, husband, divorced husband, and child; and
    (c) For a worker's survivors, benefits for a worker's widow, 
widower, divorced wife, child, and parent, and a lump-sum death 
payment.

0
10. Amend Sec.  404.304 by revising paragraph (e) as follows:


Sec.  404.304  What are the general rules on benefit amounts?

* * * * *
    (e) Government pension offset. If you are entitled to wife's, 
husband's, widow's, widower's, mother's, or father's benefits and 
receive a Government pension for work that was not covered under Social 
Security, your monthly benefits may be reduced because of that pension. 
For more information about this, see Sec.  404.408a, which covers 
reductions for Government pensions.
* * * * *


Sec. Sec.  404.380 through 404.384  [Removed and Reserved]

0
11. Remove the undesignated center heading, ``Special Payments at Age 
72,'' and remove and reserve Sec. Sec.  404.380 through 404.384.

Subpart E--Deductions; Reductions; and Nonpayments of Benefits

0
12. 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.


0
13. Amend Sec.  404.401 by revising the introductory text to read as 
follows:


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

    Under certain conditions, the amount of a monthly insurance benefit 
or the lump-sum death payment as calculated under the pertinent 
provisions of sections 202 and 203 of the Act (including reduction for 
age under

[[Page 21709]]

section 202(q) of a monthly benefit) must be increased or decreased to 
determine the amount to be actually paid to a beneficiary. Increases in 
the amount of a monthly benefit or lump-sum death payment are based 
upon recomputation and recalculations of the primary insurance amount 
(see subpart C of this part). A decrease in the amount of a monthly 
benefit or lump-sum death payment is required in the following 
instances:
* * * * *

0
14. Amend Sec.  404.460 by revising paragraph (a) introductory text to 
read as follows:


Sec.  404.460  Nonpayment of monthly benefits to aliens outside the 
United States.

    (a) Nonpayment of monthly benefits to aliens outside the United 
States more than 6 months. Except as described in paragraph (b) and 
subject to the limitations in paragraph (c) of this section after 
December 1956 no monthly benefit may be paid to any individual who is 
not a citizen or national of the United States, for any month after the 
sixth consecutive calendar month during all of which he is outside the 
United States, and before the first calendar month for all of which he 
is in the United States after such absence.
* * * * *

Subpart G--Filing of Applications and Other Forms

0
15. The authority citation for subpart G of part 404 is revised to read 
as follows:

    Authority: Secs. 202(i), (j), (o), (p), and (r), 205(a), 
216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402(i), (j), (o), (p), and (r), 405(a), 416(i)(2), 
423(b), 428(a), and 902(a)(5)).


0
16. Amend Sec.  404.620 by revising paragraph (a) introductory text and 
removing and reserving paragraph (b).
    The revision reads as follows:


Sec.  404.620  Filing before the first month you meet the requirements 
for benefits.

    (a) General rule. If you file an application for benefits before 
the first month you meet all the other requirements for entitlement, 
the application will remain in effect until we make a final 
determination on your application unless there is an administrative law 
judge hearing decision on your application. If there is an 
administrative law judge hearing decision, your application will remain 
in effect until the administrative law judge hearing decision is 
issued.
* * * * *


Sec.  404.621  [Amended]

0
17. Amend Sec.  404.621 by removing paragraph (c) and redesignating 
paragraphs (d) and (e) as paragraphs (c) and (d).

[FR Doc. 2018-09910 Filed 5-9-18; 8:45 am]
 BILLING CODE 4191-02-P