TN 4 (05-12)

RS 00630.400 Summary of Saving Clauses

The following chart contains the summary of saving clauses:

Type

Eligibility Requirements

Rate Determination

Remarks

Remarried Widow(er)’s Saving Clause, RS 00615.801, Effective 01/1979

Two or more persons entitled for 12/1978;
    and
At least one entitled to remarried widow(er)'s benefits;
    and
Effective 01/1979, benefits adjusted for the maximum (MAX).

Benefit rate for each person entitled for 12/1978, can be no lower for months after 12/1978, than it would be if the remarried widow(er)’s benefits had not increased under the 1977 amendment provision.

We do not establish a new family maximum (FMAX). We permit payment to exceed the established FMAX.

Widow(er)'s Delayed Retirement Credit (DRC) Saving Clause, Effective 06/1978

Two or more persons entitled for 05/1978;
    and
The deceased number holder (DNH) DRC's apply to the widow(er)'s benefits in 06/1978;
    and
Benefits adjusted for MAX for 06/1978.

Benefit rate for each person entitled for 05/1978, can be no lower for months after 05/1978, than it would be if the widow(er)'s benefits did not increase, due to the DNH's DRC's.

We do not establish a new FMAX. We permit payment to exceed the established FMAX.

Cost of Living and General Benefit Increase Saving Clause (COLSC), effective 03/1974, and each later cost of living (COL), or general benefit increase

Two or more persons entitled for months before a COL or general benefit increase;
    and
FMAX provisions (table or saving clause (SC)) applied on social security number (SSN) in or before 01/1971, based on application filed in or before 01/1971.

If table rates using the new primary insurance amount (PIA) do not increase by at least the same percentage as the PIA, the benefit amount for the month before the conversion (before age reduction) is multiplied by the conversion percentage, subject to adjustment, if family composition changes in month of increase. Any person's benefit may not exceed the original benefit (OB).

FMAX for month of COL or general benefit increase is largest of the new table MAX;
    or
The sum of individual survivor or auxiliary benefit amounts (before the increase, each multiplied by the conversion, percentage and rounded) plus the new PIA in a life case;
    or
Any prior conversion saving clause maximum.

Widow(er)'s Redetermination Savings Clause, Effective 01/1973

Two or more persons are entitled for 12/1972;
    and
At least one of them is entitled to widow(er)'s benefits 12/1972 and 01/1973;
     and
Benefits are reduced for the FMAX for 01/1973.

Benefit rate of each person who is entitled 12/1972, can be no lower for months after 12/1972, than the amount would be if the widow(er)'s benefits were not redetermined.

We do not establish a new FMAX. We permit payment to exceed the established FMAX.

Childhood Disability Saving Clause, Effective 01/1973

Any person entitled for 12/1972, based on application filed in or before 12/1972;
    and
A disabled child (disabled between the ages of 18 and 22) becomes entitled for January 1973.

We guarantee a person on the rolls in 12/1972, the same benefit for months after 12/1972, as if the disabled child were not entitled.
We figure a disabled child's rate by taking into account the number of survivors or auxiliaries entitled.

We do not establish a new FMAX, but payment can exceed the established FMAX.

NOTE: In contrast to the COLSC MAX, the claimant did not have to file in 01/1971, or earlier.

   

1972 Benefit Conversion Saving Clause, Effective 09/1972

Two or more persons are entitled for 08/1972, based on applications filed in or before 08/1972,
    and
The FMAX provisions (table or saving clause) are effective based on that SSN for January 1971 or earlier.

If table rates using 1972 PIA do not result in a 20 percent increase, then the auxiliary or survivor rate is the benefit amount for 08/1972, (computed using rate applicable to a 1971 PIA and not reduced for age) multiplied by 120 percent, subject to adjustment if family composition changes in 09/1972. Do not exceed original rate.

FMAX for 09/1972, is the largest of:

  • The new 1972 table MAX;
    or

  • The sum of individual survivor or auxiliary benefit amounts for 08/1972, before any reduction for age after multiplying by 120 percent and rounding, plus the PIA in a life case;
    or

  • A prior conversion saving clause maximum.

    

1972 Family Payment Saving Clause, Effective 01/1972

Two or more persons are entitled to monthly benefits;
    and

Benefits for that month are reduced for the MAX and at least one beneficiary is reduced for age;
    and

PIA is increased the following month;
    and

Total family payment is less after the PIA increase than it was before.

If no auxiliary subject to age reduction:

  • Family Payments Before PIA Increase, less Reduced Rate After Increase = Difference.

  • Difference ÷ By the Number of Auxiliaries (rounded) = Auxiliary Rate;

  • Auxiliary Benefit Reduced for age;

  • Spouse Benefit:

  • Family Payment before PIA Increase less Family Payment After PIA Increase = Difference.

  • Difference ÷ the Number of Auxiliaries Rounded = Increase.

  • Reduce Increase by spouse appropriate reduction factor (RF).

  • Add reduced increase to reduced spouse's benefit that would have applied without the saving clause.

Auxiliary Increase:

  • Family Payment before PIA Increase.

  • New Number Holder’s (NH) Rate & New Spouse's = Difference.

  • Difference ÷ the Number of Remaining Auxiliaries (rounded).

The established FMAX will not change—only total benefits payable are affected. When applying the 1972 benefit conversion SC or COLSC, we will reduce the protected auxiliary rate in determining the saving clause maximum.

1971 Benefit Conversion Saving Clause, Effective 01/1971

Two or more persons entitled for 01/1971, based on applications filed on or before 02/01/1971 (01/31/1971 was on non-work day);
    and

At least one of them was entitled for 12/1970, based on an application filed in or before 12/1970.

If table rates using 1971 PIA do not result in a 10 percent increase, then the auxiliary or survivor rate is the benefit amount for 01/1971 (using rate applicable to a 1969 amendment PIA, and not reduced for age) multiplied 110 percent. (Do not exceed original rates.)

FMAX for 01/1971, and future month is the largest of:
 
The new 1971 table MAX;
    or
The sum of the individual survivor or auxiliary benefit amounts for 01/1971 before any reduction for age after multiplying by 110 percent and rounding and plus the PIA in a life case;
    or
A prior conversion saving clause maximum.

1969 Benefit Conversion Saving Clause, Effective 01/1970

Two or more persons
entitled for 01/1970 based on application filed on or before 02/02/1970 (01/31/1970 and 02/01/1970 were non-work days);
    and
At least one of them was entitled for 12/1969, based on application filed in or before 12/1969.

If table rates using 1969 PIA do result in a 15 percent increase, then auxiliary or survivor rate is the benefit amount for 01/1970 (computed using rate applicable to a 1967 PIA, and not reduced for age) multiplied by 115 percent. (Do not exceed original rates.)

FMAX for 01/1970, and all future months, without regard to terminations and new entitlements, is the largest of the 1969 table MAX;
    or
The sum of individual survivor or auxiliary benefit amounts, for 01/1970 under the 1967 amendments, before any reduction for age, after multiplying by 115 percent and rounding, and plus the PIA in a life case;
    or
A prior saving clause maximum.

    

1969 Family Payment Saving Clause, Effective 01/1970

Two or more persons are entitled to monthly benefits;
    and
At least one of them was entitled before 01/1971 based on an application filed before 01/1971.

If total family payment
using 1969 table rates is lower than total family payment using 1967 rates:

Only NH reduced for age.

1967 total payable
- 1969 reduced A

Difference

  • Difference ÷ the Number of Auxiliaries (round up to next higher $.10 = auxiliary rate).

  • NH and wife reduced for age 1967 total payable
    - 1969 total payable.

Difference:

  • Difference ÷ the Number of Auxiliaries (round up to next higher $.10).

  • Quotient from previous step reduced by applicable RF for B.

  • B's normal reduced rate + reduced amount from previous step = B's reduced rate.

  • A's reduced rate + B's reduced rate = Total.

    1967 total

    -total for previous step

  • Difference from previous step ÷ number of children = child's increased rate.

FMAX is the 1969 table maximum.
 
Applies only where 1969 PIA is $126.70 or higher;
     and
1969 Benefit Conversion-Saving Clause does not apply;
     and
We reduce at least one beneficiary for age;
    and
When auxiliary terminates, or additional beneficiary becomes entitled, redetermine auxiliary rates using same method.

1967 Benefit Conversion Saving Clause, Effective 02/1968

Two or more persons entitled for 02/1968, based on application filed in or before 02/1968.

Auxiliary or Survivor rate is benefit amount for 02/1968 (computed using rate applicable to a 1965 amendment PIA, and not reduced for age) multiplied by 113 percent.
(Do not exceed original rates.)

FMAX for 02/1968 and all future months, without regard to terminations and new entitlements, is the larger of:

  • The 1967 table MAX; or

  • The sum of individual survivor or auxiliary benefit amounts under the 1965 amendments for 02/1968, after multiplying by 113 percent, and before any reduction for age, plus the PIA in a life case; or

  • A prior saving clause maximum.

General Saving Clause, Effective 02/1968

One or more persons entitled for 01/1968, based on applications filed in or before 01/1968;
     and
One or more additional persons become entitled for 02/1968, regardless of filing date, as:

  • A disabled widow(er); or

  • A child adopted after the NH entitlement to disability insurance (DIB) on the basis of provisions in POMS; or

  • As a child adopted by the NH's surviving spouse more than two years after the NH's death; or

  • As a child deemed dependent upon the mother, effective 02/1968 only; or

  • As a widow(er) or stepchild on the basis of the 9-month duration of marriage or step-relationship requirement (or the 3-month requirement where death was accidental or occurred in military service in the line of duty); or

  • As a husband or widow(er) NH, not currently insured.

Benefits for persons entitled 01/1968 are determined as though they are the only entitled person(s).
 
We determine benefits for persons entitled effective 02/1968, after considering all entitled persons.

FMAX is the table MAX, unless the 1967 benefit conversion saving clause or a prior saving clause maximum also applies.
 
For information on additional persons later becoming entitled, see RS 00615.350.

Special Saving Clause Where Illegitimate
Children Involved, Effective 02/1968

One or more persons (not included below) are entitled to benefits for 01/1968, based on application filed in or before 01/1968;
     and
One or more persons became entitled as illegitimate under section 216(h)(3) before 01/1968, based on application(s) filed before 01/1968, and are also entitled for 01/1968;
    and
We reduce the total benefits for 01/1968, for claimants above for the FMAX.

We determine rates for person(s) entitled other than under Section 216(h)(3) as if 216(h)(3) children were not entitled.
 
We determine rates for person(s) entitled under Section 216(h)(3) after considering all entitled persons.

FMAX is the table maximum, unless the 1967 benefit conversion saving clause also applies.
 

1965 Conversion Saving Clause

Two or more persons entitled for benefits in or before 07/1965, based on applications filed in or before 07/1965 except:
 
A child re-entitled solely because of the student-child provisions is not considered in computing this saving clause maximum, regardless of the month in which applications for re-entitlement is filed. The saving clause maximum is determined excluding the student-child, but he shares in it.

Auxiliary or surviving rate is the benefit amount for each month 01/1965 to 07/1965, (computed using rate applicable to a 1958 PIA, and not reduced for age) multiplied by 107 percent. Where terminations of new entitlements (other than student children) occur 01/1965 to 07/1965, rates are redetermined each month such an event takes place.
 
(Do not exceed original rates.)

FMAX for 01/1965 to 07/1965 is the larger of:
 
The 1965 table MAX; or
 
The sum of individual survivor or auxiliary benefit amounts for each month after multiplying 107 percent and before any reduction for age, plus PIA in a life case.
 
FMAX for 08/1965, and all future months without regard to terminations or new entitlements, is the FMAX applicable in 07/1965.

1961 Saving Clause, Effective 08/1961

Two or more persons are entitled to benefits for 07/1961, based on applications filed before 08/1961;
     and
At least one sole entitled survivor is a widow(er) or parent;
     and
No other survivor becomes entitled based on an application;
     and
Benefit for 08/1961 are adjusted for the MAX, or would be adjusted if deductions did not apply.

Increase benefits to D, D1, or F from 75 percent to 82 1/2 percent of the PIA, with adjustment for the MAX.
 
We do not decrease benefits to other survivors (they remain the same as prior to the increase to D, D1, or F, with adjustment for the MAX). For a list of beneficiary identification codes, see SM 00550.010B.

FMAX is the table MAX.
 
If another survivor files 08/1961 or later, we remove the saving clause protection.

1960 Child's Benefit Increase Saving Clause, Effective 12/1960

A beneficiary (except one entitled under the deemed marriage provision) is entitled for 11/1960, based on an application filed before 12/1960.
 
We reduce benefit for the MAX after 11/1960.

We determine all benefits, except the survivor children's benefits, as if the children's original benefits had not increased to 75 percent of the PIA from the prior original survivor child's rate. (50 percent of the PIA, plus 25 percent of the PIA divided by the number of children.)
 
We subtract all benefits except the children's benefits from the prescribed FMAX.
 
We divide the remainder of the MAX among the children.

Claimant does not exceed established FMAX (except due to rounding).
 
If any new beneficiary (except a deemed marriage beneficiary) becomes entitled after 11/1960, we remove the saving clause protection as of the month of filing.
 
If a child to whom the SC previously applied terminates and becomes re-entitled, the saving clause still applies.

Deemed Marriage Saving Clause Effective 09/1960

At least one beneficiary entitled for 08/1960, based on application filed in or before 08/1960:
    and
Another beneficiary becomes entitled after 08/1960 under the deemed marriage provision;
    and
The FMAX is involved after 08/1960.

We determined rates for person(s) entitled 08/1960, as though deemed marriage beneficiary were not entitled.
 
We determine the rate for the deemed marriage beneficiary by considering all entitled persons.

A new FMAX is not established. We permitted payment to exceed the established FMAX.

Prior Freeze Saving Clause, Effective 11/1960

NH had a period of disability beginning before 1959 and continuing until he became entitled to RIB, DIB, or died
    and
NH became entitled to RIB or DIB based on application filed after 10/1960 and before 08/1965;
    or
NH dies after 10/1960 without becoming entitled to RIB or DIB and the original PIA for survivors is established by an application filed before 08/1965;
    and
1958 PIA is between $66 and $96.

Rates as determined based on FMAX; unless the beneficiary was entitled before 11/1960, and the PIA is between $67 and $109, the MAX is the regular 1958 FMAX, plus the difference between the 1958 and the lowest corresponding 1954 PIA. It cannot exceed $254.

FMAX is the MAX. Terminations or new entitlements do not affect the MAX.

1958 Conversion Saving Clause, Effective 01/1959

At least one beneficiary entitled for 12/1958;
    and
The FMAX is involved after 1958.

FMAX is:
 
MAX prior to the 1958 conversion;
    plus
The difference between the 1954 PIA and the 1958 PIA.

Applies where 1958 PIA was between $68 and $97.
 
Saving clause maximum applies as long as at least one current beneficiary was also entitled for 12/1958.

08/1958 Survivor's Saving Clause, Effective 09/1958
 
(No detailed discussion in current POMS)

A parent (who was previously eligible for benefits because the NH left a widow(er) or child eligible for benefits on the same SSN) becomes entitled after 08/1958.
 
Does not apply where parent was eligible under P.L. 238 saving clause.

Rates for person(s) other than parents are determined as though the parent were not entitled.
 
We determine rate for parents by considering all eligible survivors.

A new FMAX is established. Claimant may exceed MAX.
 
We do not protect beneficiaries who file after 08/1958, by the saving clause.

P.L. 238 Benefit Saving Clause Effective 09/1957
 
(No detailed discussion in current POMS)

A parent was on the rolls as of 08/1957, based on the filing date of 08/1957 or earlier;
 
A spouse becomes entitled as D, D1, or E after 08/1957;
    and
Total benefits payable are subject to maximum.

We determine the parent's benefit as if the spouse were not entitled.
 
We determine the spouse's benefit as if the parent were not entitled.
 
Where there is an entitled child or “unprotected” parent, normal rates
adjusted for the MAX are payable.

FMAX is the table MAX.

1954 Auxiliaries Conversion Saving Clause, Effective 09/1954

Auxiliary beneficiaries entitled for 08/1954, based on application filed in or before 08/1954.

FMAX must increase by at least the money amount (not percentage of the PIA increase).

Saving clause maximum remains in effect until NH dies.

1954 Survivor's Conversion Saving Clause, Effective 09/1954

At least two survivors entitled before 09/1954, based on applications filed before 09/1954;
    and
Total family benefits adjust for the MAX at any time 09/1954 or later.

FMAX is the higher of:
 
 1954 table MAX, or
 1952 table MAX, plus at least $5.60.

We can use the 1954 Survivor’s Conversion Saving Clause any time after 09/1954, so long as the claimant met the requirements.
 
FMAX is the conversion saving clause maximum.

1952 Conversion Saving Clause, Effective 09/1952

Applied only to auxiliaries (not to survivors).
 
Auxiliary beneficiaries entitled for 08/1952, based on applications filed in or before 08/1952.

FMAX must increase by at least the money amount (not percentage of the PIA increase).

Saving clause maximum applies until the NH dies.


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http://policy.ssa.gov/poms.nsf/lnx/0300630400
RS 00630.400 - Summary of Saving Clauses - 06/28/2012
Batch run: 06/28/2012
Rev:06/28/2012