# SSR 68-1: SSR 68-1: SECTIONS 202(b)(1) 202(q). -- WIFE'S INSURANCE BENEFITS -- REENTITLEMENT OF DIVORCED WIFE -- AMOUNT OF BENEFIT REDUCTION BEFORE AND AFTER AGE 65

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_1

## Section

- **Citation:** SSR 68-1
- **Heading:** SSR 68-1: SECTIONS 202(b)(1) 202(q). -- WIFE'S INSURANCE BENEFITS -- REENTITLEMENT OF DIVORCED WIFE -- AMOUNT OF BENEFIT REDUCTION BEFORE AND AFTER AGE 65
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Wife's Insurance Benefits / SSR 68-1

## Text

SSR 68-1

W, the wife of A, became entitled to wife's insurance benefits on A's
earnings record beginning with April 1963, the month in which she attained
age 62. Since W had elected to receive reduced benefits for 36 months
before the month in which she would attain age 65, the monthly benefit
amount which would have been paid her had her entitlement begun at age 65
was reduced under the provisions of section 202(q)(1) of the Social
Security Act by 25 percent (36 months times 25/36 of 1 percent). In
January 1965, A and W were divorced, an event which terminated W's
entitlement to wife's insurance benefits under the provisions of section
202(b)(1) of the Act as then in effect.

However, the Social Security Amendments of 1965 (P.L. 89-97, enacted July
30, 1965) liberalized section 202(b)(1) of the Act to permit payment of
wife's insurance benefits to a divorcee who has attained age 62 and had
been married to the worker for a period of 20 years immediately before the
date her divorce became final. This provision is applicable with respect
to monthly insurance benefits beginning no earlier than September 1965.
(For a full discussion of the applicability of section 202(b)(1) to cases
where divorce occurred prior to enactment of the Social Security
Amendments of 1965, see SSR 67-1 (January 1967.))

Since W had attained age 62 and had been married to A for more than 20
years at the time she and A were divorced, her entitlement to wife's
insurance benefits on A's earnings record was reinstated on the basis of a
new application, effective with September 1965.
1) to cases
where divorce occurred prior to enactment of the Social Security
Amendments of 1965, see SSR 67-1 (January 1967.))

Since W had attained age 62 and had been married to A for more than 20
years at the time she and A were divorced, her entitlement to wife's
insurance benefits on A's earnings record was reinstated on the basis of a
new application, effective with September 1965.

While the Social Security Amendments of 1965 amended section 202(b)(1) of
the Act as indicated above so as to permit reinstatement of entitlement to
wife's insurance benefits which had previously been terminated by divorce,
there was no parallel amendment to section 202(q) of the Act to specify
whether, or to what extent, nonentitlement months may be omitted in
calculating the reduced benefit amount in such reinstatement cases.

Section 202(q) of the Act, relating to reduction of wife's and other
insurance benefits, provides in pertinent part as follows:

* * * * * * *

* * * * * * *

* * * * * * *

The question to be resolved in this case is whether the months for which
W was not entitled to benefits (January through August 1965) may be
omitted from the "reduction period" as defined in section 202(q)(6), and
from the "adjusted reduction period," as defined in section 202(q)(7), in
computing the reduced benefit amount payable to W: (1) for the months
beginning with September 1965 and before attainment of age 65, i.e., for
September 1965 through March 1966, and (2) for the months beginning with
the month in which she attained age 65, i.e., for April 1966 and following
months. If the nonentitlement months (January through August 1965) may be
omitted from the "reduction period" and "adjusted reduction period," then
W's benefit amount would be reduced by 19.44 percent (28 months times
25/36 of 1 percent) rather than 25 percent (36 months times 25/36 of 1
percent).
beginning with
the month in which she attained age 65, i.e., for April 1966 and following
months. If the nonentitlement months (January through August 1965) may be
omitted from the "reduction period" and "adjusted reduction period," then
W's benefit amount would be reduced by 19.44 percent (28 months times
25/36 of 1 percent) rather than 25 percent (36 months times 25/36 of 1
percent).

To consider the absence of a specific statutory directive on the point to
mean that nonentitlement months must always be included in
calculating the amount of the benefit reduction in reinstatement cases of
the kind involved here could lead to clearly inequitable results. It is
well settled that a statute need not be literally read when it is clear
that the Congress intended something it omitted to express, especially
where such literal interpretation would lead to a clearly unjust
result.

Lacking a specific directive for determining the benefit amount in the
type of situation presenter here, reference must be made to the method of
calculating the reduction which the Congress expressly provided for use in
analogous situations. On that basis, it is concluded that in calculating
the reduction of the benefit amount of a claimant whose entitlement to
wife's insurance benefits is reinstated under the circumstances of this
case, the months of nonentitlement because of a prior divorce must be
included in the "reduction period" (as defined in section 202(q)(6)) in
computing the claimant's benefit amount for months before the month in
which she attained age 65
lating
the reduction of the benefit amount of a claimant whose entitlement to
wife's insurance benefits is reinstated under the circumstances of this
case, the months of nonentitlement because of a prior divorce must be
included in the "reduction period" (as defined in section 202(q)(6)) in
computing the claimant's benefit amount for months before the month in
which she attained age 65. This conclusion is based on the analogous
situation where the Congress, in enacting the provisions of section 202(q)
quoted above, clearly did not intend, in computing a claimant's
benefit amount for months before age 65, to exclude from the "reduction
period" those months in which the claimant received no benefit payments
because of deductions under section 203(b) (deductions on account of
work), sections 203(c)(1) and 203(d)(1) (deductions because of noncovered
work outside the United States), or section 222(b) (deductions for refusal
to accept rehabili- clearly did not intend in the foregoing situations
that a wife-beneficiary be given a "credit" for months in which she
received no benefit payments, at least in the calculation of her benefit
amount for months before the month of attaining age 65, there appears to
be no reason for concluding that the Congress intended that a
wife-beneficiary be given a "credit" for those months in which, by reason
of her divorce from the worker, she did not receive wife's insurance
benefits.
it" for months in which she
received no benefit payments, at least in the calculation of her benefit
amount for months before the month of attaining age 65, there appears to
be no reason for concluding that the Congress intended that a
wife-beneficiary be given a "credit" for those months in which, by reason
of her divorce from the worker, she did not receive wife's insurance
benefits.

On the other hand, section 202(q)(7) of the Act does provide that months
in which the above-mentioned section 203 and section 222(b) deductions are
imposed, as well as months of nonentitlement where the spouse's disability
has ceased, will be excluded from the "adjusted reduction period" in
computing the amount of the wife's insurance benefit payable beginning
with the month in which she attains age 65 . Since the Congress did
allow a "credit" for those months in computing the benefit amount for the
month of attainment of age 65 and thereafter, a similar "credit" in the
type of situation under consideration here would seem to be consonant with
Congressional policy. Thus, where entitlement to wife's insurance benefits
before age 65 was terminated by divorce but was later reinstated under the
Act as amended in 1965, nonentitlement months will be omitted from the
"adjusted reduction period" in calculating the amount of the reduced
wife's insurance benefit for months beginning with the month in which the
beneficiary attains age 65.
ongressional policy. Thus, where entitlement to wife's insurance benefits
before age 65 was terminated by divorce but was later reinstated under the
Act as amended in 1965, nonentitlement months will be omitted from the
"adjusted reduction period" in calculating the amount of the reduced
wife's insurance benefit for months beginning with the month in which the
beneficiary attains age 65.

Accordingly, it is held that in computing the amount of the
reduction in W's benefit for the months September 1965 through March 1966
(i.e., for months before she attained age 65), the months for which she
was not entitled to benefits (January through August 1965) will be
included in the "reduction period," resulting in a reduction of 25 percent
in her benefit amount (36 months times 25/36 of 1 percent); but in
computing the amount of the reduction in W's benefit for April 1966 (the
month in which she attained age 65) and following months, the months for
which she was not entitled to benefits will be excluded from the "adjusted
reduction period," resulting in a reduction of 19.44 percent in her
benefit amount (28 months times 25/36 of 1 percent).

## Nearby sections

- [SSR 62-21 SSR 62-21. WIFE'S INSURANCE BENEFIT -- BENEFIT AMOUNT WHERE HUSBAND'S OLD-AGE INSURANCE BENEFIT IS REDUCED](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_21.md)
- [SSR 62-57 SSR 62-57. RELATIONSHIP REQUIREMENTS FOR WIFE'S INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_57.md)
- [SSR 63-1 SSR 63-1: SECTION 202(b). -- WIFE'S INSURANCE BENEFITS -- IN HER CARE -- CHILD OVER 18 YEARS OF AGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_1.md)
- [SSR 64-16 SSR 64-16: SECTION 202(b). -- WIFE'S INSURANCE BENEFITS -- BENEFIT AMOUNT WHERE WIFE UNDER 65 IS ENTITLED TO DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_16.md)
- [SSR 66-1 SSR 66-1: SECTION 202(b). -- TERMINATION OF MARRIAGE -- PURPORTED FOREIGN DIVORCE -- DOMICILE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_1.md)
- [SSR 67-10c SSR 67-10c: SECTIONS 202(b) and 216(h)(1)(A). -- RELATIONSHIP -- VALIDITY OF DIVORCE -- DOMICILE OF THE WORKER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_10c.md)
- [SSR 67-58 SSR 67-58: SECTIONS 202(b)(1), 216(b)(2), and 216(h)(1)(B). -- WIFE'S INSURANCE BENEFITS -- ENTITLEMENT OF DEEMED SPOUSE UPON DIVORCE OF LEGAL SPOUSE -- ONE-YEAR DURATION-OF-MARRIAGE REQUIREMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_58.md)
- [SSR 68-1 SSR 68-1: SECTIONS 202(b)(1) 202(q). -- WIFE'S INSURANCE BENEFITS -- REENTITLEMENT OF DIVORCED WIFE -- AMOUNT OF BENEFIT REDUCTION BEFORE AND AFTER AGE 65](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_1.md)
- [SSR 68-2 SSR 68-2: SECTION 202(b)(1)(H). -- RELATIONSHIP -- VALIDITY OF DIVORCE -- MISNOMER OF PARTIES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_2.md)
- [SSR 68-28 SSR 68-28: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_28.md)
- [SSR 68-41 SSR 68-41: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_41.md)
- [SSR 69-1 SSR 69-1: SECTIONS 202(b)(1), 216(d)(1), and 216(d)(4). -- WIFE'S INSURANCE BENEFITS -- DIVORCED WIFE -- "DIVORCE A VINCULO MATRIMONII"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_1.md)
- [SSR 69-2 SSR 69-2: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_2.md)
- [SSR 69-13 SSR 69-13: SECTIONS 202(a), 202(b), 202(k), and 202(q). -- WIFE'S INSURANCE BENEFIT -- SIMULTANEOUS ENTITLEMENT OF WIFE TO OLD-AGE INSURANCE BENEFITS -- BENEFIT AMOUNT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_1. Check the current official text before relying on it. Not legal advice.