# Federal Old-Age, Survivors, and Disability Insurance; Requirements for Entitlement to Widow(er)'s Benefits > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-7515 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 30, 1994 ## Text DEPARTMENT OF HEALTH AND HUMAN SERVICES Social Security Administration 20 CFR Part 404 [Regulation No. 4] RIN 0960-AD69 Federal Old-Age, Survivors, and Disability Insurance; Requirements for Entitlement to Widow(er)'s Benefits AGENCY: Social Security Administration, HHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule reflects technical changes which clarify entitlement requirements for widow's and widower's benefits. Specifically, it clarifies that entitlement or potential entitlement to mother's/father's benefits, on the record of a fully insured individual, in the month prior to the month of marriage to an insured satisfies the alternative to the duration of marriage requirement for widow(er)'s benefits. By publishing these changes, we will ensure that the rules for widow(er)'s benefits are consistent with the related sections of the Social Security Act (the Act). EFFECTIVE DATE: March 30, 1994. FOR FURTHER INFORMATION CONTACT: Harry J. Short, Legal Assistant, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235, (410) 965-6243. SUPPLEMENTARY INFORMATION: To be considered the widow or widower of a deceased insured individual for purposes of entitlement to Social Security benefits, the surviving spouse must meet at least one of the alternatives set forth in sections 216 (c) and (g) of the Act. One of those alternatives, described in sections 216 (c)(6)(A) and (g)(6)(A) of the Act, is met if the surviving spouse, in the month before the month of marriage to the insured, was entitled to, or upon filing an application and attaining age 62 in that prior month would have been entitled to, wife's, husband's, widow(er)'s, or parent's benefits on the record of another insured individual. Sections 216 (c)(6)(A) and (g)(6)(A) of the Act do not specifically mention entitlement or potential entitlement to mother's or father's benefits. However, after excluding the age and application requirements as directed by sections 216 (c)(6)(A) and (g)(6)(A), the entitlement criteria for a mother or father on the record of a fully insured individual are the same as the entitlement criteria for a widow or widower. Therefore, the benefit categories of mother and father were included in 20 CFR 404.335(a)(4) of the regulations at the time Subpart D was recodified. Entitlement to widow(er)'s benefits must be based on the record of a fully insured individual, whereas entitlement to father's or mother's benefits can be based on the record of either a currently insured or a fully insured individual. Therefore, for purposes of the alternative discussed above, only those surviving spouses who previously were entitled or potentially entitled to mother's or father's benefits based on the record of a ``fully insured'' individual would also satisfy the entitlement criteria for widow(er)'s benefits. Surviving spouses who previously were entitled or potentially entitled to mother's or father's benefits on the record of an individual who was only ``currently insured'' would not satisfy the alternative. To make Sec. 404.335(a)(4) completely accurate and to ensure consistent application of the statute, this regulation should state that the alternative would be met only if the earlier insured, on whose record the mother's or father's benefits were paid or were potentially payable, was fully insured. To clarify the rule in Sec. 404.335(a)(4) so that the wording is consistent with the statute, we are adding parentheticals after the words ``father's'' and ``mother's'' which will state ``based on the record of a fully insured individual.'' Regulatory Procedures Justification for Final Rule The Department, even when not required by statute, as a matter of policy, generally follows the Administrative Procedure Act (APA) notice of proposed rulemaking and public comment procedures specified by 5 U.S.C. 553 in the development of its regulations. The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. We have determined that, under 5 U.S.C. 553(b)(B), good cause exists for dispensing with the notice and public comment procedures because such procedures are unnecessary. This rule merely conforms a technical requirement in the regulation more closely to the statute and does not involve the setting of any discretionary policy. Executive Order 12866 We have consulted with the Office of Management and Budget and determined that this rule is not significant and does not require review under Executive Order 12866. Regulatory Flexibility Act We certify that this regulation will not have a significant economic impact on a substantial number of small entities because this rule affects only individuals. Therefore, a regulatory flexibility analysis is not required. Paperwork Reduction Act This regulation imposes no reporting/recordkeeping requirements necessitating clearance by the Office of Management and Budget. (Catalog of Federal Domestic Assistance Program No. 93.802, Social Security-Disability Insurance; 93.803, Social Security-Retirement Insurance; 93.805, Social Security-Survivors Insurance) List of Subjects in 20 CFR Part 404 Administrative practice and procedure, Death benefits, Disability benefits, Old-Age, Survivors and Disability Insurance, Reporting and recordkeeping requirements. Dated: February 1, 1994. Shirley Chater, Commissioner of Social Security. Approved: March 18, 1994. Donna E. Shalala, Secretary of Health and Human Services. For the reasons set out in the preamble, part 404 of chapter III of title 20 of the Code of Federal Regulations is amended to read as follows: PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) 1. The authority citation for subpart D of part 404 continues to read as follows: Subpart D--Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 228(a) through (e), and 1102 of the Social Security Act; 42 U.S.C. 402, 403(a) and (b), 405(a), 416, 423, 428(a) through (e), and 1302. 2. Section 404.335 is amended by revising paragraph (a)(4) to read as follows: Sec. 404.335 Who is entitled to widow's or widower's benefits. * * * * * (a) * * * (4) In the month before you married the insured, you were entitled to or, if you had applied and had been old enough, could have been entitled to any of these benefits or payments: widow's, widower's, father's (based on the record of a fully insured individual), mother's (based on the record of a fully insured individual), wife's, husband's, parent's, or disabled child's benefits; or annuity payments under the Railroad Retirement Act for widows, widowers, parents, or children age 18 or older; * * * * * [FR Doc. 94-7515 Filed 3-29-94; 8:45 am] BILLING CODE 4190-29-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-7515. Public record. Not legal advice.