Topic 4 - Secondary Benefits Available because of family...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
1. Secondary Benefits Available because of family relationship to an insured worker. 2. Current spouses, surviving spouses, and former spouses 3. Spouse benefits carried conditions in addition to marital relationship. 4. In 1965, Congress extended benefits to former spouses married for at least 10 years. 5. Age of eligibility has been reduced. 6. Surviving spouse gets 100% of deceased benefits. 7. Surviving spouse who remarries – increasingly liberalized. 8. For unmarried women (never married, divorced, widow), SS benefits constitute over ½ of all income. 31% for unmarried men, 36% for married couples. 9. Section 402(b): provides for wife benefits a. Representative set of spouse benefit provisions b. Critical definitions of wife and divorced wife are contained in § 416. i. Duration test: must be married for 1 year before claiming unless 1. Doesn’t impose if mother of worker’s child OR 2. If eligible for another secondary benefit or would have been if not for age. ii. How long relationship had to have existed: iii. Legal standards for determining the existence of such relationships: 1. Wife means the wife a. Incorporates state family law doctrine and burden of proof and evidentiary presumptions c. Wife benefits are available to wives of those who are entitled to old age or disability benefits i. Different from eligibility – filing an application is one of the conditions for entitlement. ii.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/29/2008 for the course LABR 1070 taught by Professor Calabrese/martin during the Spring '08 term at St. Johns Duplicate.

Page1 / 2

Topic 4 - Secondary Benefits Available because of family...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online