{"data":{"id":"us/20-cfr-404.441","jurisdiction":"us","citation":"20 CFR 404.441","heading":"Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.","body":"Where both the insured individual and another person entitled (or deemed entitled) on the same earnings record have excess earnings (as described in § 404.430), their excess earnings are charged, and their partial monthly benefit is apportioned, as follows:\nExample:\nM and his wife are initially entitled to combined total benefits of $264 per month based on M's old-age insurance benefit of $176. For the taxable year in question, M's excess earnings were $1,599 and his wife's excess earnings were $265. Both were under age 65. M had wages of more than $340 in all months of the year except February, while his wife had wages of more than $340 in all months of the year. After M's excess earnings have been charged to the appropriate months (all months through July except February), there remains a partial benefit payment for August of $249, which is allocated to M and his wife in the ratio that the original benefit of each bears to the sum of their original benefits: $166 and $83. His wife's excess earnings are charged against her full benefit for February ($88), her partial benefit for August ($83), her full benefit for September, and from $6 of her October benefit, leaving an $82 benefit payable to her for that month.","path":["Title 20—Employees' Benefits","CHAPTER III—SOCIAL SECURITY ADMINISTRATION","PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )","Subpart E—Deductions; Reductions; and Nonpayments of Benefits"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-20.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:45Z","sha256":"3ec3222adb55927fc9e6c3c44319b9b0ef51d05e6bcb581de273a54f202471ea","source_id":"us-cfr","stale":true,"prev":"us/20-cfr-404.440","next":"us/20-cfr-404.446"},"notice":"GroundRules: Original legal text. Not legal advice."}