20 C.F.R. § 404.312

How is my old-age benefit amount calculated?

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(a) If your old-age benefits begin in the month you attain full retirement age (as defined in § 404.409), your monthly benefit is equal to the primary insurance amount (as explained in subpart C of this part).

(b) If your old-age benefits begin after the month you attain full retirement age, your monthly benefit is your primary insurance amount plus an increase for retiring after full retirement age. See § 404.313 for a description of these increases.

(c) If your old-age benefits begin before the month you attain full retirement age, your monthly benefit amount is the primary insurance amount minus a reduction for each month you are entitled before you attain full retirement age. These reductions are described in §§ 404.410 through 404.413.

[68 FR 4702, Jan. 30, 2003]

Notes of Decisions

Cited in 2 cases, 1990–1996 · leading case: Robert L. SMITHBACK, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y, Health & Human Servs., Defendant-Appellee, 899 F.2d 698 (7th Cir. 1990).

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Robert L. SMITHBACK, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y, Health & Human Servs., Defendant-Appellee, 899 F.2d 698 (7th Cir. 1990). “In addition, 20 C.F.R. § 404.312 (c) specifically states that “[i]f your old-age benefits begin before you [are] 65 .”

Grubart v. Shalala, 913 F. Supp. 243 (S.D.N.Y. 1996). “§ 402 (j)(4)(A); see 20 C.F.R. § 404.312 (c). Spouse’s benefits are subject to reduction by 2rh of 1 percent for each month preceding the month in which the claimant reaches 65 for which the claimant applies for benefits.”

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