View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
SSA RIN: 0960-AF78 Publication ID: Fall 2002 
Title: ●Stepchild Entitlement and Termination Requirements (934P) 
Abstract: SSA proposes to amend its regulations to incorporate the changes to the entitlement and termination requirements for stepchild's benefits introduced by the Contract with America Advancement Act of 1996. The statutory changes require receipt of at least one-half support from the insured person (stepparent) for a child to become entitled to stepchild benefits, and benefit termination when the stepchild's natural parent and stepparent divorce. We propose to extend the termination requirement to include: (1) a divorce which ends the marriage between a stepchild's adoptive parent and stepparent; and (2) a prospective annulment which ends the marriage between a stepchild's natural or adoptive parent and stepparent. We also propose to include in the regulation our longstanding policy that a stepchild's benefits are terminated when the marriage between the stepchild's parent and the stepparent is annulled from the beginning (ab initio). These proposed rules also correct a cross-reference affecting entitlement to mother's or father's benefits, and reintroduce an inadvertently deleted definition concerning dependency determinations for grandchildren and stepgrandchildren born during the one-year support period. These rules will reflect enacted legislation and provide accurate and complete guidelines for determining entitlement to benefits. 
Agency: Social Security Administration(SSA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 404.339    20 CFR 404.352    20 CFR 404.363    42 CFR 404.364   
Legal Authority: 42 USC 402    42 USC 403(a)    42 USC 403(b)    42 USC 405(a)    42 USC 416    42 USC 423    42 USC 425    42 USC 428(a) to 428(e)    42 USC 902(a)(5)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/00/2003    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Sherry Pollack
Social Insurance Specialist
Social Security Administration
Office of Income Security Programs, 6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-7915

Daniel T. Bridgewater
Social Insurance Specialist
Social Security Administration
6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-3298