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SSA | RIN: 0960-AH93 | Publication ID: Fall 2018 |
Title: Closure of Unintended Loopholes (Conforming Changes to Regulations on Presumed Filing and Voluntary Suspension) | |
Abstract:
The Bipartisan Budget Act (BBA) of 2015, closes several loopholes in our program rules regarding deemed filing and benefit suspension in order to prevent individuals from obtaining larger benefits than Congress intended. Regulatory changes are needed to conform regulations on presumed filing of husband’s or wife’s benefits and voluntary suspension. Section 831(a) of the BBA extends deemed filing to benefits at full retirement age or later and to the first month an individual subsequently becomes eligible for the other benefit, throughout his or her entitlement to the first. These changes became effective for individuals who were born January 2, 1954 or later. Section 831(b) of the BBA of 2015 prohibits any individual from 1) receiving retroactive benefits for a period of voluntary suspension, 2) receiving benefits based on the record of an individual whose benefits are voluntarily suspended (except for divorced spouses), and 3) receiving benefits on another record when the individual’s own benefits are voluntarily suspended. These changes became effective April 30, 2016. |
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Agency: Social Security Administration(SSA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 20 CFR 404.623 20 CFR 404.313 | |
Legal Authority: Bipartisan Budget Act of 2015, sec 831 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: No | |
Included in the Regulatory Plan: No | |
Public Comment URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Agency Contact: Dean Dwight Social Insurance Specialist Social Security Administration Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-7161 |