20 C.F.R. § 404.409
What is full retirement age?
Full retirement age is the age at which you may receive unreduced old-age, wife's, husband's, widow's, or widower's benefits. Full retirement age has been 65 but is being gradually raised to age 67 beginning with people born after January 1, 1938. See § 404.102 regarding determination of age.
(a) What is my full retirement age for old-age benefits or wife's or husband's benefits? You may receive unreduced old-age, wife's, or husband's benefits beginning with the month you attain the age shown.
| If your birth date is: | Full retirement age is: |
|---|---|
| Before 1/2/1938 | 65 years. |
| 1/2/1938—1/1/1939 | 65 years and 2 months. |
| 1/2/1939—1/1/1940 | 65 years and 4 months. |
| 1/2/1940—1/1/1941 | 65 years and 6 months. |
| 1/2/1941—1/1/1942 | 65 years and 8 months. |
| 1/2/1942—1/1/1943 | 65 years and 10 months. |
| 1/2/1943—1/1/1955 | 66 years. |
| 1/2/1955—1/1/1956 | 66 years and 2 months. |
| 1/2/1956—1/1/1957 | 66 years and 4 months. |
| 1/2/1957—1/1/1958 | 66 years and 6 months. |
| 1/2/1958—1/1/1959 | 66 years and 8 months. |
| 1/2/1959—1/1/1960 | 66 years and 10 months. |
| 1/2/1960 and later | 67 years. |
(b) What is my full retirement age for widow's or widower's benefits? You may receive unreduced widow's or widower's benefits beginning with the month you attain the age shown.
| If your birth date is: | Full retirement age is: |
|---|---|
| Before 1/2/1912 | 62 years. |
| 1/2/1912—1/1/1940 | 65 years. |
| 1/2/1940—1/1/1941 | 65 years and 2 months. |
| 1/2/1941—1/1/1942 | 65 years and 4 months. |
| 1/2/1942—1/1/1943 | 65 years and 6 months. |
| 1/2/1943—1/1/1944 | 65 years and 8 months. |
| 1/2/1944—1/1/1945 | 65 years and 10 months. |
| 1/2/1945—1/1/1957 | 66 years. |
| 1/2/1957—1/1/1958 | 66 years and 2 months. |
| 1/2/1958—1/1/1959 | 66 years and 4 months. |
| 1/2/1959—1/1/1960 | 66 years and 6 months. |
| 1/2/1960—1/1/1961 | 66 years and 8 months. |
| 1/2/1961—1/1/1962 | 66 years and 10 months. |
| 1/2/1962 and later | 67 years. |
(c) Can I still retire before full retirement age? You may still elect early retirement. You may receive old-age, wife's or husband's benefits at age 62. You may receive widow's or widower's benefits at age 60. Those benefits will be reduced as explained in § 404.410.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 2004–2022 · leading case: Tipadis v. Comm'r of Soc. Sec., 284 F. Supp. 3d 517 (S.D. Ill. 2018).
Tipadis v. Comm'r of Soc. Sec., 284 F. Supp. 3d 517 (S.D. Ill. 2018). “§ 402 (a) ; 20 C.F.R. § 404.409 (a). However, for those who have not reached retirement age but seek to receive old-age insurance benefits, the amount of such benefits will be equal to "5/9 of 1 percent of such amount .”
United States v. Corey Grant, 887 F.3d 131 (3rd Cir. 2018). “See 20 C.F.R. § 404.409 . Over half of Americans that retired in 2016 did so early and before their full retirement age.”
Eberhard v. Eberhard, 2019 UT App 114 (Utah Ct. App. 2019). “See generally 20 C.F.R. § 404.409 (2018); id. § 404.410.”
McKernan, G. v. McKernan, T., 135 A.3d 1116 (Pa. Super. Ct. 2016). “See 20 C.F.R. § 404.409 (listing full retirement age based on year of birth).”
Shenk v. U.S. Dep't of Educ. (In re Shenk), 603 B.R. 671 (Bankr. N.D.N.Y. 2019). “§ 402 ; 20 C.F.R. § 404.409 . Second, Debtor is continuing to seek gainful employment.”
Galloway v. Liberty Mut. Ins. Co., 137 S.W.3d 568 (Tenn. 2004). “See 20 C.F.R. § 404.409 ' (2004) (stating that the date for full Old Age benefits for a person born in 1941 is 65 years, eight months).”
Caputo v. Workers' Comp. Appeal Bd., 34 A.3d 908 (Pa. Commw. Ct. 2012). “See also 20 C.F.R. § 404.409 (table listing full retirement ages based upon year of birth).”
Low v. Berryhill, 334 F. Supp. 3d 1165 (W.D. Wash. 2018). “See 20 C.F.R. § 404.409 . Individuals in Plaintiff's age bracket can further increase their retirement benefits *1169 by delaying receipt of those benefits until age 70.”
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009). “20 C.F.R. § 404.409 (a) (2009). Therefore, for the purposes of applying § 39-71-710, MCA, an individual will reach the age of “retirement” between the ages of 65 and 67 depending on his or her date of birth.”
Gravalin v. Reliance Stand. Life Ins., 592 F. Supp. 2d 1184 (D.N.D. 2009). “24; 20 C.F.R. § 404.409 . Robert Gravalin was born in 1941 and reached 65 years and 8 months on October 20, 2006.”
Streissguth v. Saul (N.D. Cal. 2020). “7 At the time Plaintiff's PASS was approved he was 65—a year away from full retirement 8 || age, see 20 C.F.R. § 404.409 . A year later, when he achieved full retirement age, on July 18, 9 2010, his SSI disability benefits converted to SSI aged payments and his SSDI benefits…”
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009). “20 C.F.R. § 404.409 (a) (2009). Therefore, for the purposes of applying § 39-71-710, MCA, an individual will reach the age of "retirement" between the ages of 65 and 67 depending on his or her date of birth.”
— 20 C.F.R. § 404.409(a) — 1 case
In re The Marriage of Gust (Iowa Ct. App. 2022).
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