Retirement and Disability Insurance Benefits: Amount. (a) Benefits Payable Before July 1976. (1) The monthly old-age retirement benefit or disability benefit payable to an individual under this division shall be in an amount calculated upon an annual basis of nine percent of the first $5,000 of cumulative covered wages, plus 1.5 percent of cumulative covered wages in excess of $5,000 but not in excess of the next $15,000, plus 0.75 percent of cumulative covered wages in excess of $20,000. Wages for employment after commencement of payments for old-age or disability insurance benefits shall be included in benefit calculations upon subsequent application for benefits, but such wages shall be applicable for benefits for months after the calendar year in which such earnings were received. (2) If the monthly benefit amount calculated in accordance with subsection (a) of this section is less than $24 the monthly benefit amount payable shall be $24. (b) Benefits Payable After June 1976 and Before July 1977. (1) The monthly old-age retirement benefit or disability benefit payable to an individual under this division shall be in an amount calculated upon an annual basis of 9.9 percent of the first $10,000 of cumulative covered wages, plus 1.65 percent of cumulative covered wages in excess of $10,000 but not in excess of the next $30,000, plus 0.825 percent of cumulative covered wages in excess of $40,000. Wages for employment after commencement of payments for old-age or disability insurance benefits shall be included in benefit calculations upon subsequent application for benefits, but such wages shall be applicable for benefits for months after the calendar year in which such earnings were received. (2) If the monthly benefit amount calculated in accordance with subsection (a) of this section is less than $26.40 the monthly benefit amount payable shall be $26.40. (c) Benefits Payable In or After July 1977. The monthly old-age retirement benefit or disability benefit payable to an individual under this division shall be in an amount as determined under the following table. Wages for employment after commencement of payments for old-age or disability insurance benefits shall be included in benefit calculations upon subsequent application for benefits, but such wages shall be applicable for benefits for months after the calendar year in which such earnings were received.
TABLE FOR DETERMINING RETIREMENT AND DISABILITY BENEFIT AMOUNTS If an individual’s cumulative covered wages are:
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
$0 3,201 3,501 3,801 4,101 4,401 4,701 5,001 5,301 5,601 5,901 6,201 6,501 6,801 7,101 7,401 7,701 8,001 8,301 8,601 8,901 9,201 9,501 9,801 10,101 10,401 10,701 11,001 11,301 11,601 11,901 12,201 12,501 12,801 13,101 13,401 13,701 14,001 14,301
$ 3,200 3,500 3,800 4,100 4,400 4,700 5,000 5,300 5,600 5,900 6,200 6,500 6,800 7,100 7,400 7,700 8,000 8,300 8,600 8,900 9,200 9,500 9,800 10,100 10,400 10,700 11,000 11,300 11,600 11,900 12,200 12,500 12,800 13,100 13,400 13,700 14,000 14,300 14,600
$ 46.50 48.40 50.20 52.10 53.90 55.80 57.70 59.50 61.30 63.20 65.10 67.00 68.80 70.60 72.50 74.40 76.20 78.10 79.90 81.80 83.60 85.50 87.40 88.70 89.00 89.30 89.60 89.90 90.20 90.60 90.90 91.20 91.50 91.80 92.10 92.40 92.70 93.10 93.40
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
14,601 14,901 15,201 15,501 15,801 16,101 16,401 16,701 17,001 17,301 17,601 17,901 18,201 18,501 18,801 19,101 19,401 19,701 20,001 20,301 20,601 20,901 21,201 21,501 21,801 22,101 22,401 22,701 23,001 23,301 23,601 23,901 24,201 24,501 24,801 25,101 25,401 25,701 26,001
14,900 15,200 15,500 15,800 16,100 16,400 16,700 17,000 17,300 17,600 17,900 18,200 18,500 18,800 19,100 19,400 19,700 20,000 20,300 20,600 20,900 21,200 21,500 21,800 22,100 22,400 22,700 23,000 23,300 23,600 23,900 24,200 24,500 24,800 25,100 25,400 25,700 26,000 26,300
93.70 94.00 94.30 94.60 94.90 95.20 95.50 95.80 96.10 96.40 96.70 97.00 97.30 97.60 98.00 98.30 98.60 98.90 99.20 99.50 99.80 100.10 100.50 100.80 101.10 101.80 102.10 103.10 103.40 104.20 105.00 106.00 106.30 107.10 107.90 108.20 108.50 109.30 110.30
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
26,301 26,601 26,901 27,201 27,501 27,801 28,101 28,201 28,501 28,801 29,101 29,401 29,701 30,001 30,301 30,601 30,901 31,201 31,501 31,801 32,101 32,401 32,701
26,600 26,900 27,200 27,500 27,800 28,100 28,200 28,500 28,800 29,100 29,400 29,700 30,000 30,300 30,600 30,900 31,200 31,500 31,800 32,100 32,400 32,700 33,000
110.60 111.40 111.70 112.50 112.80 113.70 113.80 114.70 115.60 115.90 116.70 117.60 117.90 118.90 119.20 120.10 121.00 121.30 122.20 122.50 122.80 123.10 124.00
(d) Benefits Payable In or After October 1978. The monthly old-age retirement benefit or disability benefit payable to an individual under this division shall be in an amount as determined under the following table. Cumulative covered earnings shall not include wages for employment or self-employment income received in the year of commencement of benefits; wages for employment and self-employment income received in the year of commencement of payments for old-age or disability insurance benefits or in later years shall be included in benefit calculations upon subsequent application for benefits, but such wages and self-employment income shall be applicable for benefits for months after the calendar year in which such earnings were received. If an individual’s cumulative covered earnings are:
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
$0 3,201 3,801 4,401 5,001 5,601 6,201 6,801 7,401 8,001 8,601 9,201 9,801 10,401 11,001 13,401 15,801 18,201 20,601 21,801 22,101 22,701 23,301 23,601 24,201 24,801 25,401 26,001 26,201 26,801 27,401 28,001 28,201 28,801 29,401 29,701 30,201 30,801 31,101
$ 3,200 3,800 4,400 5,000 5,600 6,200 6,800 7,400 8,000 8,600 9,200 9,800 10,400 11,000 13,400 15,800 18,200 20,600 21,800 22,100 22,700 23,300 23,600 24,200 24,800 25,400 26,000 26,200 26,800 27,400 28,000 28,200 28,800 29,400 29,700 30,200 30,800 31,100 31,700
$ 65.50 67.30 69.80 72.30 74.70 77.20 79.70 82.20 84.70 87.10 89.60 92.10 93.70 94.50 95.40 97.00 98.60 100.30 101.60 101.90 102.90 104.60 105.90 107.40 109.00 110.60 111.80 113.50 114.50 115.90 117.40 118.60 120.20 121.80 123.30 124.50 126.20 127.70 129.10
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
31,701 32,801 34,301 35,401 36,901 38,301 39,501 40,901 42,301 43,501 44,901 46,401 47,501 49,001 50,401 51,601 53,001 54,001
32,800 34,300 35,400 36,900 38,300 39,500 40,900 42,300 43,500 44,900 46,400 47,500 49,000 50,400 51,600 53,000 54,400 55,900
130.70 132.30 134.60 136.60 138.80 140.70 142.50 144.30 145.90 147.30 149.00 150.60 152.10 153.80 155.30 157.00 158.60 159.50
(e) Benefits Payable In or After July 1980. The monthly old-age retirement benefit or disability benefit payable to an individual under this division shall be in an amount as determined under the following table. Cumulative covered earnings shall not include wages for employment or self-employment income received in the year of commencement of benefits; wages for employment and self-employment income received in the year of commencement of payments for old-age or disability insurance benefits or in later years shall be included in benefit calculations upon subsequent application for benefits, but such wages and self-employment income shall be applicable for benefits for months after the calendar year in which such earnings were received. If an individual’s cumulative covered earnings are:
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
$0 22,201 22,801 23,401 23,701
$ 22,200 22,800 23,400 23,700 24,200
$ 111.50 113.20 115.80 118.00 120.00
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
24,201 24,801 25,401 26,001 26,201 26,801 27,401 28,001 28,301 28,801 29,401 29,701 30,301 30,901 31,101 31,701 32,901 34,301 35,501 36,901 38,301 39,501 40,901 42,401 43,501 45,001 46,401 47,601 49,001 50,501 51,601 53,001 54,501 55,901 57,101 58,501 59,901 61,101 62,501
24,800 25,400 26,000 26,200 26,800 27,400 28,000 28,300 28,800 29,400 29,700 30,300 30,900 31,100 31,700 32,900 34,300 35,500 36,900 38,300 39,500 40,900 42,400 43,500 45,000 46,400 47,600 49,000 50,500 51,600 53,000 54,500 55,900 57,100 58,500 59,900 61,100 62,500 64,000
122.60 124.90 126.80 129.40 131.60 132.70 135.90 138.40 140.60 143.30 145.40 147.80 150.60 153.10 155.30 157.80 160.00 162.40 165.00 167.40 169.70 172.00 174.50 177.10 179.20 181.80 184.10 186.50 189.10 191.20 193.80 196.10 198.70 201.20 203.40 206.10 208.50 210.40 213.20
At Least:
But Not More Than:
The Monthly Benefit Amount Shall Be:
64,001 65,101 66,601 68,001 69,201 70,601 72,001 73,201 74,601 76,101 77,201 78,701 80,101 81,301 82,701 84,101 85,301 86,701 88,201 89,301 90,801 92,201 93,301 94,801 96,201 97,401 98,801 100,301 101,401 102,901 104,301 105,401
65,100 66,600 68,000 69,200 70,600 72,000 73,200 74,600 76,100 77,200 78,700 80,100 81,300 82,700 84,100 85,300 86,700 88,200 89,300 90,800 92,200 93,300 94,800 96,200 97,400 98,800 100,300 101,400 102,900 104,300 105,400 106,900
215.50 218.10 220.50 223.20 225.30 227.50 230.30 232.60 234.60 237.50 239.70 242.30 244.60 247.00 249.60 251.60 254.40 256.50 258.90 261.60 263.70 266.20 268.80 270.90 273.70 275.60 278.20 280.90 283.00 285.70 288.00 290.20
(f) Benefits Payable In or After January 1985. The monthly old-age retirement benefit or disability benefit payable to an individual under this division shall be in an amount determined under the following table subject to the procedures specified in subsection (h) of this section.
TABLE FOR DETERMINING RETIREMENT AND DISABILITY BENEFIT AMOUNTS BEGINNING JANUARY 1985 I II III Monthly Benefit Amount Average Monthly Wage Monthly Benefit (Effective July 1980) Or His Average Amount If an Individual’s Monthly Wage Is: Then His Monthly Monthly Benefit At But Not Benefit Amount for Amount is Less Than or Least: More Than: January 1985 and Equal to: After is: $ 115.80 118.00 120.00 122.60 124.90 126.80 129.40 131.60 132.70 135.90 138.40 140.60 143.30 145.40 147.80 150.60 153.10 155.30 157.80 160.00 162.40 165.00 167.40 169.70 172.00 174.50 177.10 179.20 181.80
$0 118.19 119.70 122.23 125.26 128.29 131.31 132.33 135.36 138.39 141.42 142.93 145.46 148.49 150.01 153.04 156.07 157.08 160.11 166.17 173.24 179.30 186.37 193.44 199.50 206.57 214.15 219.70 227.28
$ 118.18 119.69 122.22 125.25 128.28 131.31 132.32 135.35 138.38 141.41 142.92 145.45 148.48 150.00 153.03 156.06 157.07 160.10 166.16 173.23 179.29 186.36 193.43 199.49 206.56 214.14 219.69 227.27 234.34
$ 115.80 118.00 120.00 122.60 124.90 126.80 129.40 131.60 132.70 135.90 138.40 140.60 143.30 145.40 147.80 150.60 153.10 155.30 157.80 160.00 162.40 165.00 167.40 169.70 172.00 174.50 177.10 179.20 181.80
I II III Monthly Benefit Amount Average Monthly Wage Monthly Benefit (Effective July 1980) Or His Average Amount If an Individual’s Monthly Wage Is: Then His Monthly Monthly Benefit At But Not Benefit Amount for Amount is Less Than or Least: More Than: January 1985 and Equal to: After is: 184.10 186.50 189.10 191.20 193.80 196.10 198.70 201.20 203.40 206.10 208.50 210.40 213.20 215.50 218.10 220.50 223.20 225.30 227.50 230.30 232.60 234.60 237.50 239.70 242.30 244.60 247.00 249.60 251.60 254.40 256.50 258.90 261.60 263.70
234.35 240.41 247.48 255.06 260.61 267.68 275.26 282.33 288.39 295.46 302.53 308.59 315.66 323.24 328.79 336.37 343.44 349.50 356.57 363.64 269.70 376.77 384.35 389.90 397.48 404.55 410.61 417.68 424.75 430.81 437.88 445.46 451.02 458.59
240.40 247.47 255.05 260.60 267.67 275.25 282.32 288.38 295.45 302.52 308.58 315.65 323.23 328.78 336.36 343.43 349.49 356.56 363.63 369.69 376.76 384.34 389.89 397.47 404.54 510.60 417.67 424.74 430.80 437.87 445.45 451.01 458.58 465.65
184.10 186.50 189.10 191.20 193.80 196.10 198.70 201.20 203.40 206.10 208.50 210.40 213.20 215.50 218.10 220.50 223.20 225.30 227.50 230.30 232.60 234.60 237.50 239.70 242.30 244.60 247.00 249.60 251.60 254.40 256.50 258.90 261.60 263.70
I II III Monthly Benefit Amount Average Monthly Wage Monthly Benefit (Effective July 1980) Or His Average Amount If an Individual’s Monthly Wage Is: Then His Monthly Monthly Benefit At But Not Benefit Amount for Amount is Less Than or Least: More Than: January 1985 and Equal to: After is: 266.20 268.80 270.79 273.70 275.60 278.20 280.90 283.00 285.70 288.00 290.20
465.66 471.22 478.79 485.86 491.92 498.99 506.57 512.13 519.70 526.77 532.33 540.01 550.01 560.01 570.01 580.01 590.01 600.01 610.01 620.01 630.01 640.01 650.01 660.01 670.01 680.01 690.01 700.01 710.01 720.01 730.01 740.01
471.21 478.78 485.85 491.91 498.98 506.56 512.12 519.69 526.76 532.32 540.00 550.00 560.00 570.00 580.00 590.00 600.00 610.00 620.00 630.00 640.00 650.00 660.00 670.00 680.00 690.00 700.00 710.00 720.00 730.00 740.00 750.00
266.20 268.80 270.90 273.70 275.60 278.20 280.90 283.00 285.70 288.00 290.20 293.40 296.60 299.80 303.00 306.20 309.40 312.60 315.80 319.00 322.20 325.40 328.60 331.80 335.00 338.20 341.40 344.60 347.80 351.00 354.20 357.40
I II III Monthly Benefit Amount Average Monthly Wage Monthly Benefit (Effective July 1980) Or His Average Amount If an Individual’s Monthly Wage Is: Then His Monthly Monthly Benefit At But Not Benefit Amount for Amount is Less Than or Least: More Than: January 1985 and Equal to: After is: 750.01 760.01 770.01 780.01 790.01 800.01 810.01 820.01 830.01 840.01 850.01 860.01 870.01 880.01 890.01 900.01 910.01 920.01 930.01 940.01 950.01 960.01 970.01 980.01 990.01 1,000.01 1,010.01 1,020.01 1,030.01 1,040.01 1,050.01
760.00 770.00 780.00 790.00 800.00 810.00 820.00 830.00 840.00 850.00 860.00 870.00 880.00 890.00 900.00 910.00 920.00 930.00 940.00 950.00 960.00 970.00 980.00 990.00 1,000.00 1,010.00 1,020.00 1,030.00 1,040.00 1,050.00 1,060.00
360.60 363.80 367.00 370.20 373.40 376.60 378.10 379.60 381.10 382.60 384.10 385.60 387.10 388.60 390.10 391.60 393.10 394.60 396.10 397.60 399.10 400.60 402.10 403.60 405.10 406.60 408.10 409.60 411.10 412.60 414.10
I II III Monthly Benefit Amount Average Monthly Wage Monthly Benefit (Effective July 1980) Or His Average Amount If an Individual’s Monthly Wage Is: Then His Monthly Monthly Benefit At But Not Benefit Amount for Amount is Less Than or Least: More Than: January 1985 and Equal to: After is: 1,060.01 1,070.01 1,080.01 1,090.01 1,100.01 1,110.01 1,120.01 1,130.01 1,140.01 1,150.01 1,160.01 1,170.01 1,180.01 1,190.01 1,200.01 1,210.01 1,220.01 1,230.01 1,240.01 1,250.01 1,260.01 1,270.01 1,280.01 1,290.01 1,300.01 1,310.01 1,320.01 1,330.01 1,340.01 1,350.01 1,360.01
1,070.00 1,080.00 1,090.00 1,100.00 1,110.00 1,120.00 1,130.00 1,140.00 1,150.00 1,160.00 1,170.00 1,180.00 1,190.00 1,200.00 1,210.00 1,220.00 1,230.00 1,240.00 1,250.00 1,260.00 1,270.00 1,280.00 1,290.00 1,300.00 1,310.00 1,320.00 1,330.00 1,340.00 1,350.00 1,360.00 1,370.00
415.60 417.10 418.60 420.10 421.60 423.10 424.60 426.10 427.60 429.10 430.60 432.10 433.60 435.10 436.60 438.10 439.60 441.10 442.60 444.10 445.60 447.10 448.60 450.10 451.60 453.10 454.60 456.10 457.60 459.10 460.60
I II III Monthly Benefit Amount Average Monthly Wage Monthly Benefit (Effective July 1980) Or His Average Amount If an Individual’s Monthly Wage Is: Then His Monthly Monthly Benefit At But Not Benefit Amount for Amount is Less Than or Least: More Than: January 1985 and Equal to: After is: 1,370.01 1,380.01 1,390.01 1,400.01 1,410.01 1,420.01 1,430.01 1,440.01 1,450.01 1,460.01 1,470.01 1,480.01 1,490.01 1,500.01 1,510.01 1,520.01 1,530.01 1,540.01 1,550.01 1,560.01 1,570.01 1,580.01 1,590.01 1,600.01 1,610.01 1,620.01 1,630.01 1,640.01 1,650.01 1,660.01 1,670.01
1,380.00 1,390.00 1,400.00 1,410.00 1,420.00 1,430.00 1,440.00 1,450.00 1,460.00 1,470.00 1,480.00 1,490.00 1,500.00 1,510.00 1,520.00 1,530.00 1,540.00 1,550.00 1,560.00 1,570.00 1,580.00 1,590.00 1,600.00 1,610.00 1,620.00 1,630.00 1,640.00 1,650.00 1,660.00 1,670.00 1,680.00
462.10 463.60 465.10 466.60 468.10 469.60 471.10 472.60 474.10 475.60 477.10 478.60 480.10 481.60 483.10 484.60 486.10 487.60 489.10 490.60 492.10 493.60 495.10 496.60 498.10 499.60 501.10 502.60 504.10 505.60 507.10
(g) For the purposes of determining old-age and disability insurance benefits in any calendar year after 1985, the benefit table in subsection (f) of this section (or deemed in subsection (f) of this section) that was in effect in the year immediately preceding the calendar year for which benefits are being determined, shall be revised by: (1) Revising the date in the title of the table and in column III to be January of the year for which benefits are being determined; (2) For benefits in any calendar year following a year in which a cost-ofliving increase (or any other general benefit increase) was effective for Social Security benefits paid under the United States Social Security System, increasing the amounts shown in column III for the previous calendar year by the percentage increase applicable in the previous calendar year in the United States Social Security System and rounding the result, if not an even multiple of $.10, to the next lower multiple of $.10; (3) Extending column II by (A) dividing the maximum cumulative covered earnings that could be credited to an individual’s record from July 1968 through the year before the year for which benefits are being determined by 96, (B) adding new lines to the right-hand column of column II determined by adding $10 to the amount shown in the previous line and continuing to add new lines by repeating this procedure until an amount exceeding the amount determined in subsection (g)(3)(A) of this section is reached and (C) increasing the amount shown in the right-hand column of the previous line by $.01 to determine the amount to be shown in each line of the left-hand column of column II; (4) For each line added to column II per subsection (g)(3) of this section, extending column III (as adjusted, when required, by subsection (g)(2) of this section) by adding $1.50 to the amount shown in this column on the previous; and (5) For the purposes of revising the benefit table as provided by this subsection (g) of this section; (A) Revising the date in the heading of column I to be the month that the most recent benefit table went into effect, and (B) Substituting the amounts shown in column III of the most recent benefit table (including amounts for which there was no corresponding column I amount on the same line) for the amounts shown in column I of said benefit table. (6) The benefit table thus revised by this subsection (g) of this section shall be deemed to be in subsection (f) of this section for purposes of this division. (h) To use the benefit table provided in subsection (or deemed to be in subsection) (f) of this section: (1) Determine cumulative covered earnings credited to the individual’s record since July 1, 1968. Cumulative covered earnings shall not include wages
for employment or self-employment income received in the year of commencement of benefits; wages for employment and self-employment income received in the year of commencement of payments for old-age or disability insurance benefits or in later years shall be included in benefit calculations upon subsequent application for benefits, but such wages and selfemployment income shall be applicable for benefits for months after the calendar year in which such earnings were received. (2) Determine the average monthly wage by dividing the cumulative covered earnings determined in subsection (h)(1) of this section by the greater of (A) 96 months, or (B) the number of months elapsing beginning July 1968 or January of the year after the year in which the individual attains age 21, whichever is later, through December of the year prior to the year in which the individual attains age 62, becomes disabled, or dies, whichever is earlier, excluding months in years in which the individual is under a disability. The average monthly wage as computed in this subsection, if not an even multiple of $.01, shall be rounded to the next lower multiple of $.01. (3) The monthly benefit payable (except as modified by 3 CMC § 3307 in the case of survivors’ or dependents’ benefits) is the monthly benefit amount that appears in column III in the benefit table on the same line as the monthly benefit amount shown in column I that had been payable for the month preceding the month in which the new benefit table becomes effective or, if greater, the monthly benefit amount that appears in the benefit table in column III on the same line as the average monthly wage as computed in subsection (h)(2) of this section; and (i) If a person entitled to a disability insurance benefit under this division is receiving a periodic worker’s compensation benefit, the amount of the monthly disability benefit otherwise determined under this section and the amount of the monthly benefit payable to a dependent spouse or dependent children of such disabled individual under 3 CMC § 3307(b) shall be reduced by the excess of the sum of the worker’s compensation benefit for that month and such disability insurance and dependents’ benefit for that month over 80 percent of one-twelfth of the highest annual covered wages in the period consisting of the year in which the disability occurred and the preceding five years. If a worker’s compensation benefit was payable in periodic benefits but was commuted to a lump sum, for purposes of this subsection it will be considered that the periodic benefit originally available was paid in each month that it would have been paid if the commutation had not occurred. Whenever a reduction is made under this subsection in the total of benefits otherwise payable for any month under this division, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefits shall then be applied to such disability insurance benefit.
Source: DL 5-12, § 1; amended by DL 5-25, § 4; PL 1-27, § 15; PL 2-6, § 3; PL 4-27, § 6; PL 4-65, § 3. Commission Comment: The Commission inserted a colon in place of a dash in the heading of this section to conform the heading to the style used elsewhere in the code. According to PL 3-90, § 7(a) (reprinted in the preface material, prior to title 1), “section headings . . . do not in any manner affect the scope, meaning, or intent of the provisions of this Code.”