Professional Documents
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Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Rules and Regulations 28809
Research misconduct is defined in 14 SOCIAL SECURITY ADMINISTRATION also revised the existing regulatory
CFR 1275.101. NASA policies and sections to present them in plain
procedures regarding Research 20 CFR Part 404 language and to update the examples.
misconduct are set out in 14 CFR part [Regulation No. 4] Explanation of Changes
1275, ‘‘Investigation of Research
Misconduct.’’ RIN 0960–AF62 The following is a brief summary of
* * * * * the sections we have revised and the
Amendments to Annual Earnings Test changes to each of them.
for Retirement Beneficiaries Section 404.338 Widow’s and
PART 1273—GRANTS AND
COOPERATIVE AGREEMENTS AGENCY: Social Security Administration. widower’s benefits amounts. This
ACTION: Final rules. section describes the benefit amount a
■ 4. The authority citation for 14 CFR widow or widower may expect to
part 1273 continues to read as follows: SUMMARY: These final rules amend our receive relative to the benefit amount of
regulations to conform to the ‘‘Senior the deceased insured spouse. The
Authority: 42 U.S.C. 2451, et seq., and 31 Citizens’ Freedom to Work Act of 2000.’’ benefit amount for the widow or
U.S.C. 6301 to 6308. This legislation was enacted on April 7, widower may include increased benefits
2000, and became retroactively effective based on delayed retirement credit of
■ 5. Amend § 1273.3 by adding the on January 1, 2000. It eliminates the the deceased insured spouse, or reduced
definition for ‘‘Research misconduct’’ Social Security annual earnings test for benefits based on the deceased insured
after ‘‘Real property’’ to read as follows: retirement beneficiaries, starting from spouse retiring before reaching full
§ 1273.3 Definitions. the month in which they reach full retirement age. This section also
retirement age. Before the passage of discusses widow or widower benefits
* * * * *
this legislation, persons reaching full based on a special primary insurance
Research misconduct is defined in 14 retirement age were subject to an amount when the insured died before
CFR 1275.101. NASA policies and earnings test until the month in which reaching age 62.
procedures regarding Research they attained age 70. We have revised this section to reflect
misconduct are set out in 14 CFR part DATES: Effective Date: These rules are the change in full retirement age.
1275, ‘‘Investigation of Research effective June 20, 2005. Sections 404.415 and 404.416
Misconduct.’’ Deductions because of excess earnings;
FOR FURTHER INFORMATION CONTACT:
* * * * * Dorothy Skipwith, Social Insurance annual earnings test. Amount of
Specialist, Office of Income Security deduction because of excess earnings.
PART 1274—GRANTS AND Programs, Social Security We have combined §§ 404.415 and
COOPERATIVE AGREEMENTS Administration, Cubicle # 128, RRCC, 404.416 into a new § 404.415,
6401 Security Boulevard, Baltimore, ‘‘Deductions because of excess
■ 6. The authority citation for 14 CFR Maryland 21235–6401, 410–965–4231 earnings,’’ because the topics are closely
part 1274 continues to read as follows: or TTY 410–966–5609. For information related and overlapping.
on eligibility or filing for benefits: Call New § 404.415 explains the effect of
Authority: 42 U.S.C. 2451, et seq., and 31 excess earnings on the benefits of:
our national toll-free numbers, 1–800–
U.S.C. 6301 to 6308. 1. An insured person caused by his/
772–1213 or TTY 1–800–325–0078, or
■ 7. Amend § 1274.103 by adding the visit our Internet web site, Social her excess earnings;
definition for ‘‘Research misconduct’’ Security Online, at http:// 2. An auxiliary beneficiary because of
after ‘‘Recipient’’ to read as follows: www.socialsecurity.gov. the excess earnings of the insured
Electronic Version: The electronic file person on whose record he/she draws
§ 1274.103 Definitions. of this document is available on the date benefits;
* * * * * of publication in the Federal Register 3. An auxiliary beneficiary because of
Research misconduct is defined in 14 on the Internet site for the Government his/her own excess earnings, which
CFR 1275.101. NASA policies and Printing Office, http:// reduce only that beneficiary’s benefits.
procedures regarding Research www.gpoaccess.gov/fr/index.html. It is The new § 404.415 also reflects the
misconduct are set out in 14 CFR part also available on the Internet site for legislated changes in full retirement age
1275, ‘‘Investigation of Research SSA (i.e., Social Security Online) at and annual earnings test.
Misconduct.’’ http://www.socialsecurity.gov/ Section 404.428 Earnings in a
regulations/final-rules.htm. taxable year. This section clarifies the
* * * * * method for calculating a beneficiary’s or
SUPPLEMENTARY INFORMATION:
■ 8. Add § 1274.943 to read as follows: prospective beneficiary’s annual
Background earnings with respect to the annual
§ 1274.943 Investigation of Research In addition to the revisions required earnings test. It also clarifies when the
Misconduct. by the ‘‘Senior Citizens’ Freedom to claimant may use a taxable year other
Investigation of Research Misconduct Work Act of 2000,’’ which eliminated than a calendar year, and the number of
(May 2005) the annual earnings test for persons months in a taxable year used in the
reaching full retirement age, we have earnings test calculation for the year of
Recipients of this cooperative made changes necessitated by the death. This section also defines which
agreement are subject to the ‘‘Social Security Amendments of 1983,’’ reporting year wage earners and self-
requirements of 14 CFR part 1275, Public Law 98–21. This legislation employed individuals must use relative
‘‘Investigation of Research Misconduct.’’ increases the full retirement age for to the year in which the earnings were
persons born in 1938 or later in earned.
[End of provision]
incremental amounts, with a full 2-year This section is revised to reflect
[FR Doc. 05–9952 Filed 5–18–05; 8:45 am] increase in full retirement age for changes in the annual earnings test and
BILLING CODE 7510–01–P persons born in 1960 or later. We have full retirement age.
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