§1382f — Title 42 The Public Health and Welfare | U.S. Code

Summary

When Social Security benefits go up because of a cost-of-living decision under section 415(i), certain fixed dollar amounts used in the benefit rules must also be raised. First, each such dollar amount is increased by any small difference that was lost earlier when that amount was rounded down. Then that added amount is bumped up by the same percentage the benefits were increased. If the benefit increase was based on wages instead of the CPI, and the CPI-based percentage would be larger, the larger CPI percentage is used. When these increases are not a multiple of $12, they are rounded down to the next lower multiple of $12. The new dollar figures must be published in the Federal Register at the same time as the COLA notice. Effective July 1, 1983, two of those dollar amounts were increased by $240 (one related amount was increased by $120), and the other two were increased by $360.

Title 42, §1382f

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Whenever benefit amounts under subchapter II are increased by any percentage effective with any month as a result of a determination made under section 415(i) of this title—

(1)each of the dollar amounts in effect for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) of section 1382 of this title, and subsection (a)(1)(A) of section 211 of Public Law 93–66, as specified in such subsections or as previously increased under this section, shall be increased by the amount (if any) by which—

(A)the amount which would have been in effect for such month under such subsection but for the rounding of such amount pursuant to paragraph (2), exceeds

(B)the amount in effect for such month under such subsection; and

(2)the amount obtained under paragraph (1) with respect to each subsection shall be further increased by the same percentage by which benefit amounts under subchapter II are increased for such month, or, if greater (in any case where the increase under subchapter II was determined on the basis of the wage increase percentage rather than the CPI increase percentage), the percentage by which benefit amounts under subchapter II would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, (and rounded, when not a multiple of $12, to the next lower multiple of $12), effective with respect to benefits for months after such month.

(b)The new dollar amounts to be in effect under section 1382 of this title and under section 211 of Public Law 93–66 by reason of subsection (a) of this section shall be published in the Federal Register together with, and at the same time as, the material required by section 415(i)(2)(D) of this title to be published therein by reason of the determination involved.

(c)Effective July 1, 1983—

(1)each of the dollar amounts in effect under subsections (a)(1)(A) and (b)(1) of section 1382 of this title, as previously increased under this section, shall be increased by $240 (and the dollar amount in effect under subsection (a)(1)(A) of section 211 of Public Law 93-66, as previously so increased, shall be increased by $120); and

(2)each of the dollar amounts in effect under subsections (a)(2)(A) and (b)(2) of section 1382 of this title, as previously increased under this section, shall be increased by $360.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 211 of Public Law 93–66, referred to in subsecs. (a)(1), (b), and (c)(1), is section 211 of Pub. L. 93–66, title II, July 9, 1973, 87 Stat. 154, which is set out as a note under section 1382 of this title.

Amendments

1983—Subsec. (a)(2). Pub. L. 98–21, § 401(b), inserted provision that the amount obtained under par. (1) with respect to each subsection shall be further increased by the percentage by which benefit amounts under subchapter II of this chapter would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, if greater, in any case where the increase under subchapter II of this chapter was determined on the basis of the wage increase percentage rather than the CPI increase percentage. Subsec. (b). Pub. L. 98–21, § 401(a)(2), substituted “subsection (a) of this section” for “this section”. Subsec. (c). Pub. L. 98–21, § 401(a)(1), added subsec. (c). 1982—Pub. L. 97–248 redesignated existing provisions as subsec. (a), revised method of computation into pars. (1) and (2) and among other changes increased base for rounding-off from a multiple of $1.20 to a multiple of $12.00, and struck out provisions relating to publication of increased dollar amounts in the Federal Register, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 Amendment Pub. L. 97–248, title I, § 182(b), Sept. 3, 1982, 96 Stat. 405, provided that: “The amendment made by this section [amending this section] shall become effective on October 1, 1982.” Cost-of-Living Increases; Cost-of-Living Computation Quarter DeterminationsPayment of increased benefits under program covered in subchapter II of this chapter, see section 1 of Pub. L. 98–604, set out as a note under section 415 of this title. Application to Northern Mariana IslandsFor applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.

§1382f Cost-of-living adjustments in benefits