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Social Security Handbook
731.Adjustment of Individual Benefit Rates Because of Family Maximum731.1When is an adjustment of individual benefit rates because
of the family maximum required?An adjustment is required whenever the total monthly benefits
of all the beneficiaries entitled on one Social Security earnings
record exceed the family maximum that can be paid on that record
for the month. All benefit rates (except retirement or disability
insurance benefits and benefits payable to a divorced spouse or surviving
divorced spouse) must be reduced to bring the total monthly benefits
payable within the family maximum.         731.2What if a beneficiary's benefit rate is a percentage of the
insured person's PIA?Even if a beneficiary's benefit rate is originally set by law
as a percentage of the insured person's PIA, the actual benefit paid
to the beneficiary may be less if the family maximum is exceeded.731.3Can the family maximum ever be exceeded?The family maximum may be exceeded only by the effect of “saving clauses” and certain entitlement exceptions.731.4What are savings clauses?When the law was changed to add new categories of beneficiaries
or to increase benefits, “savings clauses” were included.
The purpose of the savings clauses was to prevent the reduction of
the benefits of persons already on the rolls or to make sure they
get the full increase intended.For example, under the 1972 amendments, the amount of widow(er)'s
insurance benefits was increased and exceptions were made with respect
to the entitlement of divorced spouses and disabled children. Savings
clauses were provided so that other beneficiaries who were already
entitled would not be disadvantaged by these exceptions. Therefore,
the total benefits paid on an earnings record may add up to more
than the normal family maximum.731.5How do spousal benefits affect other beneficiaries under the
savings clauses?The entitlement of a divorced spouse to a spouse's insurance
benefit does not result in reducing the benefits of other categories
of beneficiaries. Likewise, the entitlement of a legal spouse where
a deemed or putative spouse is also entitled does not affect the
benefit of other beneficiaries entitled in the month. The other dependents
or survivors insurance benefits are reduced for the maximum. The
existence of the divorced spouse, surviving divorced spouse, or the
legal spouse is not taken into account. His or her benefits are not
reduced because of the family maximum.The examples above are the major exceptions to the family maximum
currently in effect, although they are not exhaustive. They must
be kept in mind in reading §732. To avoid repetition, the examples are
not restated each time they might be pertinent.Last Revised: Aug. 17, 2009
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