TITLE 20--EMPLOYEES' BENEFITS CHAPTER III--SOCIAL SECURITY ADMINISTRATION PART 404_FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950 ) --Table of Contents Subpart E_Deductions; Reductions; and Nonpayments of Benefits Sec. 404.437 Excess earnings; benefit rate subject to deductions because of excess earnings. For purposes of deductions because of excess earnings (as described in Sec. 404.430), the benefit rate against which excess earnings are charged is the amount of the benefit (other than a disability insurance benefit) to which the person is entitled for the month: (a) After reduction for the maximum (see Sec. Sec. 404.403 and 404.404). The rate as reduced for the maximum as referred to in this paragraph is the one applicable to remaining entitled beneficiaries after exclusion of beneficiaries deemed not entitled under Sec. 404.436 (due to a deduction for engaging in noncovered remunerative activity outside the United States or failure to have a child in his or her care); (b) After any reduction under section 202(q) of the Act because of entitlement to benefits for months before age 65 (this applies only to old-age, wife's, widow's, or husband's benefits); (c) After any reduction in benefits payable to a person entitled (or deemed entitled; see Sec. 404.420) on the earnings record of the insured individual because of entitlement on his own earnings record to other benefits (see Sec. 404.407); and (d) After any reduction of benefits payable to a person entitled or deemed entitled on the earnings record of an individual entitled to a disability insurance benefit because of such individual's entitlement to workmen's compensation for months after 1965 (see Sec. 404.408). [32 FR 19159, Dec. 20, 1967, as amended at 38 FR 17716, July 3, 1973; 43 FR 8133, Feb. 28, 1978; 68 FR 40123, July 7, 2003]





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