81_FR_19096 81 FR 19032 - Extension of the Workers' Compensation Offset From Age 65 to Full Retirement Age-Achieving a Better Life Experience (ABLE) Act

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)

Page Range19032-19033
FR Document2016-07602

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 Issue 64 (Monday, April 4, 2016) 
[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]
BILLING CODE 4191-02-P

19032 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations w. Pneumatic, hydraulic, mechanical, SOCIAL SECURITY ADMINISTRATION we are making to our rules, we are also electro-optical, or electromechanical revising the reference to ‘‘before you flight control systems (including fly-by- 20 CFR Part 404 become 65 years old’’ in section 404.317 wire and fly-by-light systems) and [Docket No. SSA–2015–0018] to ‘‘before you attain full retirement attitude control equipment designed or age.’’ RIN 0960–AH85 modified for UAVs or drones controlled Public Comments by either USML paragraph VIII(a) or Extension of the Workers’ In the NPRM, we provided a 30-day ECCN 9A610.a., and capable of Compensation Offset From Age 65 to comment period, which ended on delivering at least 500 kilograms Full Retirement Age—Achieving a February 3, 2016. We received one payload to a range of at least 300 km. Better Life Experience (ABLE) Act comment. The comment came from a * * * * * member of the public. After carefully AGENCY: Social Security Administration. considering the comment, we are ■ 11. In Supplement No. 1 to part 774 ACTION: Final rule. adopting our proposed rule (81 FR 41– (the Commerce Control List), Category SUMMARY: This final rule adopts, with 42) as a final rule. 9—Aerospace and Propulsion, Export Comment: The one comment we Control Classification Number (ECCN) one additional change, the notice of received stated, ‘‘Not fair there are 9B106 is amended: proposed rulemaking (NPRM) that we plenty who have worked very hard to published in the Federal Register on ■ a. By revising the introductory text of retire perhaps when a certain group January 4, 2016. This final rule revises ‘‘items’’ paragraph a in the List of Items progresses then reconsider changing the our rules by incorporating changes Controlled section; policy.’’ made by the ABLE Act to section 224(a) Response: We did not adopt the ■ b. By revising ‘‘items’’ paragraph a.1 of the Social Security Act (Act). Under comment. The changes we are making in the List of Items Controlled section; this final rule, the age at which are mandated by statute. We have no and disability insurance benefits (DIB) are discretion to reconsider the policy in ■ c. By revising the introductory text of no longer subject to reduction (offset) the absence of a statutory change. items paragraph a.2 to read as follows: based on receipt of workers’ compensation or public disability Regulatory Procedures 9B106 Environmental chambers benefits (WC/PDB) changes from age 65 Good Cause for Effective Date usable for rockets, missiles, or to the day the individual attains full unmanned aerial vehicles capable of retirement age. We find good cause for dispensing with the 30-day delay in the effective achieving a ‘‘range’’ equal to or greater DATES: This final rule is effective April date of this final rule. 5 U.S.C. 553(d)(3). than 300 km and their subsystems, as 4, 2016. For the reasons discussed above and in follows (see List of Items Controlled). FOR FURTHER INFORMATION CONTACT: the preamble to the NPRM (81 FR at 41), * * * * * Dean Dwight, Office of Income Security we are making minor changes to our Programs, Social Security current rules to incorporate changes List of Items Controlled Administration, 6401 Security made by section 201 of the ABLE Act 2 * * * * * Boulevard, Baltimore, MD 21235–6401, to section 224(a) of the Act. The (410) 966–7161. For information on provision in the ABLE Act applies to Items: eligibility or filing for benefits, call our any individual whose DIB payment is * * * * * national toll-free number, 1–800–772– offset for WC/PDB and who attains age a. Environmental chambers having all 1213 or TTY 1–800–325–0778, or visit 65 on or after December 19, 2015.3 of the following characteristics: our Internet site, Social Security Online, Because the changes we are making in at http://www.socialsecurity.gov. this final rule only reflect a statutory a.1. Capable of simulating any of the SUPPLEMENTARY INFORMATION: This final change that is already in effect, we find following flight conditions: that it is unnecessary to delay the rule adopts, with one additional change a.1.a. Altitude equal to or greater than discussed below, the NPRM that we effective date of our final rule. 15,000 m; or published in the Federal Register on Executive Order 12866 as a.1.b. Temperature range from below January 4, 2016.1 Supplemented by Executive Order ¥50 °C to above 125 °C; and Background 13563 a.2. Incorporating, or designed or We explained our reasons for We consulted with the Office of modified to incorporate, a shaker unit or proposing the rule that we are now Management and Budget (OMB) and other vibration test equipment to adopting as a final rule in the preamble determined that this final rule does not produce vibration environments equal to the NPRM (81 FR at 41), and we meet the criteria for a significant to or greater than 10 g rms, measured incorporate that discussion here. regulatory action under Executive Order ‘bare table,’ between 20 Hz and 2 kHz In addition to the changes we 12866 as supplemented by Executive while imparting forces equal to or proposed in the NPRM, we are making Order 13563. Thus, OMB did not review greater than 5 kN; one additional change to our rules. The the final rule. * * * * * fourth sentence of current section 2 Public Law 113–295, Division B, § 201, 128 Stat. 404.317 states, ‘‘Your monthly benefit Dated: March 29, 2016. 4010, 4064. amount may be reduced if you receive mstockstill on DSK4VPTVN1PROD with RULES 3 Id., § 201(b). Section 201(b) specifies that the Kevin J. Wolf, workers’ compensation or public amendment to section 224(a) of the Act ‘‘shall apply Assistant Secretary for Export disability payments before you become with respect to any individual who attains 65 years Administration. 65 years old as described in § 404.408.’’ of age on or after the date that is 12 months after the date of the enactment of this Act.’’ Congress [FR Doc. 2016–07601 Filed 4–1–16; 8:45 am] For consistency with the other changes enacted the ABLE on December 19, 2014. Id. BILLING CODE 3510–33–P Consequently, the statutory amendment applies to 1 81 FR 41 (2016) (https://www.gpo.gov/fdsys/ an individual who attains age 65 on or after pkg/FR-2016-01-04/pdf/2015-33036.pdf). December 19, 2015. Id. VerDate Sep<11>2014 17:02 Apr 01, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1

Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations 19033 Regulatory Flexibility Act ■ 4. In § 404.401, revise paragraph (a)(4) ADDRESSES: You may submit comments We certify that this final rule will not to read as follows: as follows: have a significant economic impact on § 404.401 Deduction, reduction, and Electronic Submissions a substantial number of small entities nonpayment of monthly benefits or lump- Submit electronic comments in the because it applies to individuals only. sum death payments. following way: Thus, a regulatory flexibility analysis is * * * * * • Federal eRulemaking Portal: http:// not required under the Regulatory (a) * * * www.regulations.gov. Follow the Flexibility Act, as amended. (4) An individual under full instructions for submitting comments. retirement age (see § 404.409) is Comments submitted electronically, Paperwork Reduction Act concurrently entitled to disability including attachments, to http:// These rules do not create any new or insurance benefits and to certain public www.regulations.gov will be posted to affect any existing collections and, disability benefits (see § 404.408); the docket unchanged. Because your therefore, do not require Office of * * * * * comment will be made public, you are Management and Budget approval ■ 5. In § 404.408, revise paragraph solely responsible for ensuring that your under the Paperwork Reduction Act. (a)(2)(ii) to read as follows: (Catalog of Federal Domestic Assistance comment does not include any Program No. 96.006, Supplemental Security confidential information that you or a § 404.408 Reduction of benefits based on Income.) disability on account of receipt of certain third party may not wish to be posted, other disability benefits provided under such as medical information, your or List of Subjects in 20 CFR Part 404 anyone else’s Social Security number, or Federal, State, or local laws or plans. Administrative practice and * * * * * confidential business information, such procedure; Blind; Disability benefits; (a) * * * as a manufacturing process. Please note Government employees; Old-age, (2) * * * that if you include your name, contact Survivors and Disability Insurance; (ii) The individual has not attained information, or other information that Reporting and recordkeeping full retirement age as defined in identifies you in the body of your requirements; Social security. § 404.409. comments, that information will be Dated: March 25, 2016. * * * * * posted on http://www.regulations.gov. [FR Doc. 2016–07602 Filed 4–1–16; 8:45 am] • If you want to submit a comment Carolyn W. Colvin, BILLING CODE 4191–02–P with confidential information that you Acting Commissioner of Social Security. do not wish to be made available to the For the reasons set forth in the public, submit the comment as a preamble, we amend subparts D and E DEPARTMENT OF HEALTH AND written/paper submission and in the of part 404 of title 20 of the Code of HUMAN SERVICES manner detailed (see ‘‘Written/Paper Federal Regulations as set forth below: Submissions’’ and ‘‘Instructions’’). Food and Drug Administration Written/Paper Submissions PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY 21 CFR Part 56 Submit written/paper submissions as INSURANCE (1950– ). follows: [Docket No. FDA–2015–N–5052] • Mail/Hand delivery/Courier (for Subpart D—[Amended] written/paper submissions): Division of Administrative Actions for Dockets Management (HFA–305), Food ■ 1. The authority citation for subpart D Noncompliance; Lesser Administrative and Drug Administration, 5630 Fishers of part 404 continues to read as follows: Actions Lane, Rm. 1061, Rockville, MD 20852. Authority: Secs. 202, 203(a) and (b), 205(a), AGENCY: Food and Drug Administration, • For written/paper comments 216, 223, 225, 228(a)–(e), and 702(a)(5) of the HHS. submitted to the Division of Dockets Social Security Act (42 U.S.C. 402, 403(a) Management, FDA will post your and (b), 405(a), 416, 423, 425, 428(a)–(e), and ACTION: Direct final rule. comment, as well as any attachments, 902(a)(5)). SUMMARY: The Food and Drug except for information submitted, ■ 2. Amend § 404.317 by revising the Administration (FDA) is amending the marked and identified, as confidential, fourth sentence to read as follows: regulation describing lesser if submitted as detailed in administrative actions that may be ‘‘Instructions.’’ § 404.317 How is the amount of my imposed on an Institutional Review disability benefit calculated? Instructions: All submissions received Board (IRB) that has failed to comply must include the Docket No. FDA– * * * Your monthly benefit amount with FDA’s IRB regulations. We are 2015–N–5052 for ‘‘Subpart E— may be reduced if you receive workers’ clarifying that FDA may require the IRB Administrative Actions for compensation or public disability to withhold approval of new FDA- Noncompliance; Lesser Administrative payments before you attain full regulated studies, stop the enrollment of Actions.’’ Received comments will be retirement age (as defined in § 404.409) new subjects in ongoing studies, and placed in the docket and, except for (see § 404.408). * * * terminate ongoing studies, or any those submitted as ‘‘Confidential combination of these actions until the Submissions,’’ publicly viewable at Subpart E—[Amended] noncompliance with FDA’s IRB http://www.regulations.gov or at the ■ 3. The authority citation for subpart E regulations is corrected. We are taking Division of Dockets Management mstockstill on DSK4VPTVN1PROD with RULES of part 404 continues to read as follows: this action to ensure clarity and improve between 9 a.m. and 4 p.m., Monday the accuracy of the regulations. through Friday. Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(l), 222(c), 223(e), 224, 225, DATES: This rule is effective August 17, • Confidential Submissions—To 702(a)(5), and 1129A of the Social Security 2016. Submit electronic or written submit a comment with confidential Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) comments on this direct final rule or its information that you do not wish to be and (c), 416(l), 422(c), 423(e), 424a, 425, companion proposed rule by June 20, made publicly available, submit your 902(a)(5), and 1320a–8a); 48 U.S.C. 1801. 2016. comments only as a written/paper VerDate Sep<11>2014 17:02 Apr 01, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1


Document Created: 2016-04-02 03:53:06
Document Modified: 2016-04-02 03:53:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective April 4, 2016.
ContactDean 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.
FR Citation81 FR 19032 
RIN Number0960-AH85
CFR AssociatedAdministrative Practice and Procedure; Blind; Disability Benefits; Government Employees; Old-Age and Survivors and Disability Insurance; Reporting and Recordkeeping Requirements; Social Security
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