---
kind: "section"
citation: "20 C.F.R. § 404.338"
title: "20"
number: "404.338"
heading: "Widow's and widower's benefits amounts."
url: "https://uscodex.org/cfr/20/404.338"
---

# §404.338. Widow's and widower's benefits amounts.

- (a) **Your monthly benefit is equal to the insured person's primary insurance amount.** If the insured person dies before reaching age 62 and you are first eligible after 1984, we may compute a special primary insurance amount to determine the amount of the monthly benefit (see [§ 404.212(b)](/cfr/20/404.212.md?p=b)).
- (b) We may increase your monthly benefit amount if the insured person delays filing for benefits or requests voluntary suspension of benefits, and thereby earns delayed retirement credit (see [§ 404.313](/cfr/20/404.313.md)), and/or works before the year 2000 after reaching full retirement age (as defined in [§ 404.409(a)](/cfr/20/404.409.md?p=a)). The amount of your monthly benefit may change as explained in [§ 404.304](/cfr/20/404.304.md).
- (c) Your monthly benefit will be reduced if the insured person chooses to receive old-age benefits before reaching full retirement age. If so, your benefit will be reduced to the amount the insured person would be receiving if alive, or 82 1/2 percent of his or her primary insurance amount, whichever is larger.

## Notes

### Amendments

[70 FR 28811, May 19, 2005]

### Authority

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)).

### Source

Source: 44 FR 34481, June 15, 1979, unless otherwise noted.

### Amendments

[70 FR 28811, May 19, 2005]