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20 C.F.R. §§ 404.230–404.233

4 sections in range

§404.230. Guaranteed alternative.

20 C.F.R. § 404.230

(a)
General. If you reach age 62 after 1978 but before 1984, we compute your primary insurance amount under a modified average-monthly-wage method as a guaranteed alternative to your primary insurance amount computed under the average-indexed-monthly-earnings method. We also compute your primary insurance amount under the old-start method (§§ 404.240 through 404.242) and under the special rules for a person who had a period of disability (§§ 404.250 through 404.252), if you are eligible. In §§ 404.231 through 404.233, we explain the average-monthly-wage method as the alternative to the average-indexed-monthly-earnings method.
(b)
Restrictions.
(1)
To qualify for this guaranteed-alternative computation, you must have some creditable earnings before 1979.
(2)
You or your survivors do not qualify for a guaranteed-alternative computation if you were eligible (you attained age 62, became disabled, or died before age 62) for social security benefits based on your own earnings at any time before 1979 unless—
(i)
Those benefits were disability insurance benefits which were terminated because you recovered from your disability or you engaged in substantial gainful activity; and
(ii)
You spent at least 12 months without being eligible for disability benefits again.
(3)
This guaranteed alternative method applies only to old-age insurance benefits and to survivor benefits where the deceased worker reached the month of his or her 62nd birthday after 1978 but before 1984 and died after reaching age 62.
Notes, amendments, and revision history

Authority

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)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.

§404.231. Steps in computing your primary insurance amount under the guaranteed alternative—general.

20 C.F.R. § 404.231

If you reach age 62 after 1978 but before 1984, we follow three major steps in finding your guaranteed alternative:
(a)
First, we compute your average monthly wage, as described in § 404.232;
(b)
Second, we find the primary insurance amount that corresponds to your average monthly wage in the benefit table in appendix III.
(c)
Then we apply any automatic cost-of-living or ad hoc increases in primary insurance amounts that have become effective in or after the year you reached age 62.
Notes, amendments, and revision history

Authority

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)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.

§404.232. Computing your average monthly wage under the guaranteed alternative.

20 C.F.R. § 404.232

(a)
General. With the exception described in paragraph (b) of this section, we follow the rules in § 404.221 to compute your average monthly wage.
(b)
Exception. We do not use any year after the year you reach age 61 as a computation base year in computing your average monthly wage for purposes of the guaranteed alternative.
Notes, amendments, and revision history

Authority

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)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.

§404.233. Adjustment of your guaranteed alternative when you become entitled after age 62.

20 C.F.R. § 404.233

(a)
If you do not become entitled to benefits at the time you reach age 62, we adjust the guaranteed alternative computed for you under § 404.232 as described in paragraph (b) of this section.
(b)
To the primary insurance amount computed under the guaranteed alternative, we apply any automatic cost-of-living or ad hoc increases in primary insurance amounts that go into effect in the year you reach age 62 and in years up through the year you become entitled to benefits. (See appendix VI for a list of the percentage increases in primary insurance amounts since December 1978.)
Notes, amendments, and revision history

Authority

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)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.