20 C.F.R. §404.408a - Reduction where spouse is receiving a Government pension
| Cite as | 20 C.F.R. §404.408a |
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35 cases
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Peterson v. Peterson (In re Peterson)
...Under the Windfall Elimination Provision of the Social Security Act, 42 U.S.C. § 415(a)(7), and the Government Pension Offset, 20 C.F.R. § 404.408a(a), Annette is barred from receiving Social Security benefits, both individually and as the spouse of someone who contributed to Social Securit......
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Mahoney v. Mahoney
...payments to her pursuant to her husband's Social Security benefits are subject to reduction. 42 U.S.C. § 402(b)(4)(A) (1994); 20 C.F.R. § 404.408a 9 Courts in some jurisdictions have prohibited even this limited treatment of Social Security benefits, and have concluded that a court may not ......
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Altschuld v. Comm'r of Soc. Sec., CASE NO. 1:17-CV-1959
...decreases an individual's widower's benefit amount by two-thirds of his government pension. 42 U.S.C. § 402(f)(2)(A), (k)(5)(A); 20 C.F.R. 404.408a. Prior to 1977, the Social Security Act required a man seeking widower's benefits to prove that he had received at least one-half support from ......
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Pierce v. Commissioner of Social Sec., Civil No. 07-3154 (JBS).
...pension that offsets the amount of the monthly Social Security benefit she could receive. The Commissioner determined that under 20 C.F.R. § 404.408a(a), Plaintiff's spousal insurance benefits were subject to a reduction based upon the fact that Plaintiff was receiving a disability retireme......
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1 books & journal articles
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Over-Manipulated and Under-Funded: Louisiana's Pension Problem and Its Impact on Public Employees
...of an individual who also is entitled to a government pension based on non-covered employment. 42 U.S.C. § 402(k)(5)(A) (2012); 20 C.F.R. § 404.408a(a) (2016). Both provisions were enacted to prevent “double-dipping.” Gustman, Steinmeier & Tabatabai, supra. 20. Traditional and Roth IRAs, IN......