# SSR 62-9: SSR 62-9. WORK DEDUCTIONS -- RETIREMENT PAY

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_9

## Section

- **Citation:** SSR 62-9
- **Heading:** SSR 62-9. WORK DEDUCTIONS -- RETIREMENT PAY
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Reduction of Insurance Benefits / SSR 62-9

## Text

C became entitled to old-age insurance benefits beginning March 1957, the
month he attained age 65. However, no benefits were payable for any month
in 1957, 1958, and 1959 because of deductions required under section 203
of the Act by C's earnings of $7,500 per year. In February 1961 C filed an
annual report of earnings with the Social Security Administration in which
he stated that his total earnings for 1960 were $1,200. It was also
determined that C had received a pension of $325 per month throughout
1960. The question is for what months in 1960, if any, are C's old-age
insurance benefits subject to deductions.

For many years prior to 1960, C was president and general manager of the
X Company, a family corporation of which he was majority stock-holder. C
received a salary of $7,500 per year in his capacity of president and
general manager. Effective January 1, 1960, C resigned as president and
general manager of the company and became chairman of the board of
directors, to serve without compensation. C was voted a pension of $325
per month beginning January 1960. The company had no plan or system for
payment of a pension on account of retirement to either officers or
employees. C was also given a salary of $100 beginning that month for his
continuing supervision of one of the firm's major accounts as well as for
his continuing services in an executive capacity in the absence of his
son, who succeeded him as president and general manager.

Throughout 1960 C continued to go to the office daily for two or three
hours. C's work on the account which he continued to supervise took only
two or three hours per week. During the rest of his time in the office C
was available for consultation with his son, who consulted him about
various phases of the operation of the business. C also served in an
executive capacity during 1960 for periods of as much as two weeks when
his son was away on vacation or business trips.
rk on the account which he continued to supervise took only
two or three hours per week. During the rest of his time in the office C
was available for consultation with his son, who consulted him about
various phases of the operation of the business. C also served in an
executive capacity during 1960 for periods of as much as two weeks when
his son was away on vacation or business trips.

Section 203 of the Social Security Act provides, in pertinent part, that
an old-age insurance beneficiary may earn as much as $1,200 in a 12-month
taxable year and still receive all his benefits for that year. For the
taxable year 1960, if his earnings exceed $1,200, a deduction equal to one
full month's benefit may be required for each $80 (or fraction of 80) in
excess of $1,200. (For 12-month taxable years ending after June 30, 1961,
a deduction of $1 may be required from benefits for each $2 of earnings
over $1,200 up to and including $1,700, and for each $1 of earnings over
$1,700.) However, no deduction may be made from benefits under this
provision for any month in which the beneficiary is age 72 or over, or in
which he neither renders services for wages of more than $100 nor renders
substantial services in self-employment. Section 203 further provides that
an individual's earnings for a taxable year shall be the sum of his wages
for services rendered in that year and his net earnings from
self-employment for that year, minus any net loss from self-employment for
that year.
72 or over, or in
which he neither renders services for wages of more than $100 nor renders
substantial services in self-employment. Section 203 further provides that
an individual's earnings for a taxable year shall be the sum of his wages
for services rendered in that year and his net earnings from
self-employment for that year, minus any net loss from self-employment for
that year.

Whether or not C's benefits are subject to deductions for 1960 depends on
whether the pension of $325 per month paid to C during 1960 is wages under
section 209 of the Act for services rendered during the month for which it
is payable. If it is such wages, then C would have earnings of $5,100 for
1960 and his benefits would be subject to deductions for all months of
that year. If it is excluded from such wages, then C would have earnings
of only $1,200 for 1960 and his benefits would not be subject to
deductions for any month of that year.

Section 209 of the Act provides, as pertinent here, that the term "wages"
means remuneration for employment, except that, in the case of
remuneration paid after 1950, such term shall not include --

In SSR 61-41 it was held that payments made by an employer to an employee
who continues to render services in employment for that employer are not
excluded from wages under subsections (b) or (c) of section 209 above,
even though the payments are considered by the employer and employee to be
payments on account of retirement.

In the present case C rendered valuable services for the B Company
throughout 1960, while receiving payments of $325 pension and $100 salary
each month. Although C formally resigned his position of president and
general manager of the company and reduced his working hours, he continued
to completely supervise one of the company's major accounts, consulted
with the new president on various phases of the business, and acted in an
executive capacity during the absence of the president.
ng payments of $325 pension and $100 salary
each month. Although C formally resigned his position of president and
general manager of the company and reduced his working hours, he continued
to completely supervise one of the company's major accounts, consulted
with the new president on various phases of the business, and acted in an
executive capacity during the absence of the president.

Under such circumstances, it is held that both the alleged pension
payments as well as the salary payment are wages for services rendered in
each month of 1960, and that C's earnings for 1960 are $425 per month, or
$5,100 for the year. Accordingly, C's old-age insurance benefits are
subject to deductions for all months of 1960.

## Nearby sections

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- [SSR 61-57 SSR 61-57. COMPUTATION OF EARNINGS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_57.md)
- [SSR 61-60 SSR 61-60. COMPUTING TIME PERIOD FOR REOPENING DETERMINATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_60.md)
- [SSR 62-7 SSR 62-7. REDUCTION OF BENEFITS AND AMOUNT OF DEDUCTION WHERE FAMILY MAXIMUM INVOLVED](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_7.md)
- [SSR 62-8 SSR 62-8. WORK DEDUCTIONS -- PARTNERSHIP -- HUSBAND AND WIFE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_8.md)
- [SSR 62-9 SSR 62-9. WORK DEDUCTIONS -- RETIREMENT PAY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_9.md)
- [SSR 62-10 SSR 62-10. WORK DEDUCTIONS -- VACATION PAY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_10.md)
- [SSR 62-60 SSR 62-60: RESCINDED 1989](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_60.md)
- [SSR 62-61 SSR 62-61: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_61.md)
- [SSR 64-38c SSR 64-38c: SECTIONS 203 and 211. -- WORK DEDUCTIONS -- SUBSTANTIAL SERVICES IN SELF-EMPLOYMENT -- TRANSFER OF BUSINESS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_38c.md)
- [SSR 64-58 SSR 64-58: SECTIONS 203(b) and (f). -- WORK DEDUCTIONS -- EXCESS EARNINGS IN YEAR ENTITLEMENT TERMINATES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_58.md)
- [SSR 65-6 SSR 65-6: SECTION 203. -- NET EARNINGS FROM SELF-EMPLOYMENT -- SUBSTANTIAL SERVICES FOR DEDUCTION PURPOSES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_6.md)
- [SSR 65-23c SSR 65-23c: SECTIONS 203(b) and (f) and 211. -- WORK DEDUCTIONS -- TRANSFER OF BUSINESS -- SUBSTANTIAL SERVICES IN SELF-EMPLOYMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_23c.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_9. Check the current official text before relying on it. Not legal advice.
