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SSA | RIN: 0960-AF78 | Publication ID: Spring 2009 |
Title: Stepchild Entitlement and Termination Requirements (934F) | |
Abstract: We will amend our 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 allow a stepchild to be considered dependent upon an insured stepparent for purposes of entitlement to benefits as a stepchild, only if he or she is receiving at least one-half support from the insured stepparent. The changes also require benefit termination when the stepchild's natural parent and the insured stepparent divorce. We will extend the termination requirement to include: (1) a divorce that ends the marriage between a stepchild's adoptive parent and the insured stepparent; and (2) a prospective annulment that ends the marriage between a stepchild's natural or adoptive parent and the stepparent. We also will include in the regulations 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 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: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 20 CFR 404.352 20 CFR 404.363 | |
Legal Authority: 42 USC 402 42 USC 403(a) to 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 |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
Public Comment URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Agency Contact: Peter White Social Insurance Specialist Social Security Administration Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 594-2041 Suzanne DiMarino Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21225-6401 Phone:410 965-7102 |