Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 21 - PENSION PAYMENTS › Section 172-21-3 - Social Security benefits

Current through 2024-29, July 17, 2024
The following provisions will apply when the claimant is
				  receiving benefits which are being paid through the Social Security
				  Administration:
A. Primary Social
				Security Recipient. This is the individual who worked and earned the Social
				Security retirement benefit credits.
B. Spouse of Primary Social Security
				Recipient. This is the spouse of the individual who worked and earned the
				Social Security retirement benefit credits. If the spouse elects to receive a
				share of the primary recipient's retirement benefits, and that share is issued
				in the primary recipient's name, then the entire Social Security retirement
				check amount would be used to determine any amount which would be deducted from
				the primary recipient's unemployment benefits. If the claimant is not receiving
				any Social Security benefits in his name, then there would be no deduction from
				the claimant's benefits.
C. Spouse
				Entitled to Own Benefits. "Own benefits" is defined as benefits which are based
				on the recipient's own work. Under provisions of the Social Security Act, when
				a spouse is entitled to Social Security retirement benefits in his own right,
				and he elects to receive such benefits, that spouse must receive benefits based
				on his "own" entitlement first. An additional amount may be added to that
				spouse's benefits in order to equal the amount which would have been paid if
				that spouse had elected to receive a "share" of the primary recipient's
				benefits. If the spouse is a claimant, only that portion of the Social Security
				benefit payment which was based on his "own" retirement would be used in
				computing the amount which would be deducted from the claimant's unemployment
				benefits.
D. Widow/Widower
				Benefits. A claimant who, under the Social Security Act, receives "survivor"
				benefits which are based on their spouse's work would not have such benefits
				deducted from his unemployment benefits.
E. Social Security Payments for Dependents
				and Supplemental Security Income Payments. When a claimant receives, as a
				portion of his retirement benefits under the Social Security Act, an amount
				that is paid for his dependents or an amount that is paid as Supplemental
				Security Income, such payments would not be used in computing the amount which
				would be deducted from his unemployment benefits.
F. Deductions and Adjustments. If the amount
				of the claimant's Social Security retirement pension is reduced because of a
				deduction or adjustment, such changes or adjustments would not be considered in
				computing the amount of retirement pension which would be deducted from his
				unemployment benefits. These deductions and adjustments include, but are not
				limited to, the following: Medicare premiums, court-ordered child support
				payments, and offsets used to repay previous overpayments of Social Security
				benefits.
G. Computing Amount of
				Social Security Deduction. For purposes of paragraph A of subsection 9 of
				section 1193 of the Employment Security Law, the claimant shall be considered
				to have made 50.0 percent of the contributions into the plan under which Social
				Security retirement pension payments are made. The monthly payments will be
				converted to a weekly amount by obtaining 23% of the monthly payment.