81 FR 19032 - Extension of the Workers' Compensation Offset From Age 65 to Full Retirement Age-Achieving a Better Life Experience (ABLE) Act

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 64 (April 4, 2016)

This final rule adopts, with one additional change, the notice of proposed rulemaking (NPRM) that we published in the Federal Register on January 4, 2016. This final rule revises our rules by incorporating changes made by the ABLE Act to section 224(a) of the Social Security Act (Act). Under this final rule, the age at which disability insurance benefits (DIB) are no longer subject to reduction (offset) based on receipt of workers' compensation or public disability benefits (WC/PDB) changes from age 65 to the day the individual attains full retirement age.

[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19032-19033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07602]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2015-0018]
RIN 0960-AH85


Extension of the Workers' Compensation Offset From Age 65 to Full 
Retirement Age--Achieving a Better Life Experience (ABLE) Act

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: This final rule adopts, with one additional change, the notice 
of proposed rulemaking (NPRM) that we published in the Federal Register 
on January 4, 2016. This final rule revises our rules by incorporating 
changes made by the ABLE Act to section 224(a) of the Social Security 
Act (Act). Under this final rule, the age at which disability insurance 
benefits (DIB) are no longer subject to reduction (offset) based on 
receipt of workers' compensation or public disability benefits (WC/PDB) 
changes from age 65 to the day the individual attains full retirement 
age.

DATES: This final rule is effective April 4, 2016.

FOR FURTHER INFORMATION CONTACT:  Dean Dwight, Office of Income 
Security Programs, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, (410) 966-7161. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: This final rule adopts, with one additional 
change discussed below, the NPRM that we published in the Federal 
Register on January 4, 2016.\1\
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    \1\ 81 FR 41 (2016) (https://www.thefederalregister.org/fdsys/pkg/FR-2016-01-04/pdf/2015-33036.pdf).
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Background

    We explained our reasons for proposing the rule that we are now 
adopting as a final rule in the preamble to the NPRM (81 FR at 41), and 
we incorporate that discussion here.
    In addition to the changes we proposed in the NPRM, we are making 
one additional change to our rules. The fourth sentence of current 
section 404.317 states, ``Your monthly benefit amount may be reduced if 
you receive workers' compensation or public disability payments before 
you become 65 years old as described in Sec.  404.408.'' For 
consistency with the other changes we are making to our rules, we are 
also revising the reference to ``before you become 65 years old'' in 
section 404.317 to ``before you attain full retirement age.''

Public Comments

    In the NPRM, we provided a 30-day comment period, which ended on 
February 3, 2016. We received one comment. The comment came from a 
member of the public. After carefully considering the comment, we are 
adopting our proposed rule (81 FR 41-42) as a final rule.
    Comment: The one comment we received stated, ``Not fair there are 
plenty who have worked very hard to retire perhaps when a certain group 
progresses then reconsider changing the policy.''
    Response: We did not adopt the comment. The changes we are making 
are mandated by statute. We have no discretion to reconsider the policy 
in the absence of a statutory change.

Regulatory Procedures

Good Cause for Effective Date

    We find good cause for dispensing with the 30-day delay in the 
effective date of this final rule. 5 U.S.C. 553(d)(3). For the reasons 
discussed above and in the preamble to the NPRM (81 FR at 41), we are 
making minor changes to our current rules to incorporate changes made 
by section 201 of the ABLE Act \2\ to section 224(a) of the Act. The 
provision in the ABLE Act applies to any individual whose DIB payment 
is offset for WC/PDB and who attains age 65 on or after December 19, 
2015.\3\ Because the changes we are making in this final rule only 
reflect a statutory change that is already in effect, we find that it 
is unnecessary to delay the effective date of our final rule.
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    \2\ Public Law 113-295, Division B, Sec.  201, 128 Stat. 4010, 
4064.
    \3\ Id., Sec.  201(b). Section 201(b) specifies that the 
amendment to section 224(a) of the Act ``shall apply with respect to 
any individual who attains 65 years of age on or after the date that 
is 12 months after the date of the enactment of this Act.'' Congress 
enacted the ABLE on December 19, 2014. Id. Consequently, the 
statutory amendment applies to an individual who attains age 65 on 
or after December 19, 2015. Id.
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Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866 as 
supplemented by Executive Order 13563. Thus, OMB did not review the 
final rule.

[[Page 19033]]

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities because it 
applies to individuals only. Thus, a regulatory flexibility analysis is 
not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program No. 96.006, 
Supplemental Security Income.)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure; Blind; Disability benefits; 
Government employees; Old-age, Survivors and Disability Insurance; 
Reporting and recordkeeping requirements; Social security.

    Dated: March 25, 2016.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons set forth in the preamble, we amend subparts D and 
E of part 404 of title 20 of the Code of Federal Regulations as set 
forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- ).

Subpart D--[Amended]

0
1. The authority citation for subpart D of part 404 continues to read 
as follows:

    Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, 
228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 
403(a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).


0
2. Amend Sec.  404.317 by revising the fourth sentence to read as 
follows:


Sec.  404.317  How is the amount of my disability benefit calculated?

    * * * Your monthly benefit amount may be reduced if you receive 
workers' compensation or public disability payments before you attain 
full retirement age (as defined in Sec.  404.409) (see Sec.  404.408). 
* * *

Subpart E--[Amended]

0
3. The authority citation for subpart E of part 404 continues to read 
as follows:

    Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 
216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social 
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 
U.S.C. 1801.


0
4. In Sec.  404.401, revise paragraph (a)(4) to read as follows:


Sec.  404.401  Deduction, reduction, and nonpayment of monthly benefits 
or lump-sum death payments.

* * * * *
    (a) * * *
    (4) An individual under full retirement age (see Sec.  404.409) is 
concurrently entitled to disability insurance benefits and to certain 
public disability benefits (see Sec.  404.408);
* * * * *

0
5. In Sec.  404.408, revise paragraph (a)(2)(ii) to read as follows:


Sec.  404.408  Reduction of benefits based on disability on account of 
receipt of certain other disability benefits provided under Federal, 
State, or local laws or plans.

* * * * *
    (a) * * *
    (2) * * *
    (ii) The individual has not attained full retirement age as defined 
in Sec.  404.409.
* * * * *
[FR Doc. 2016-07602 Filed 4-1-16; 8:45 am]
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