Reduction of Title II Benefits Under the Family Maximum Provisions in Cases of Dual Entitlement

Résumé

We are amending our rules concerning the family maximum provisions under title II of the Social Security Act (the Act). These rules amend how we compute the total monthly benefits payable to a family when one or more of the beneficiaries are entitled to benefits on another earnings record. In certain specific circumstances, this change to our rules will increase the amount of benefits payable to some family members entitled on the record to which the family maximum applies. These final rules adopt nationwide the holding of the U.S. Court of Appeals for the First Circuit in Parisi by Cooney v. Chater. Although we are issuing these rules as interim final rules, we are also asking for public comments on this change.