supporting statement 0398(final revision)

Supporting Statement for Form SSA-25

Certificate of Elections for Reduced Spouse’s Benefits

20 CFR 404.421

OMB No. 0960-0398

A. Justification

1. Introduction/Authoring Laws and Regulations

SSA cannot pay reduced benefits to an already entitled spouse, at least age 62 but under full retirement age, who no longer has a child in care unless the spouse elects to receive reduced benefits. If such a spouse decides to elect reduced benefits, he or she must file Form SSA-25 in accordance with Section 202(q)(5)(A) of the Social Security Act. Section 20 CFR 404.421 of the Code of Federal Regulations gives the authority for collecting this information. The information SSA collects on form SSA-25 is from individuals or households. The OMB clearance request is a revision to an existing collection.

2. Description of Collection

The purpose of information SSA collects on form SSA-25 is for application for benefits. SSA will collect the information through mail, telephone interview or personal interview. If SSA collects the information during a telephone interview, the claims representative fills out the form, and mails the completed form the recipient to sign and send back. During a personal interview, the recipient fills out the form at the time of the interview. Once SSA receives the information from form SSA-25, we scan the form into the database. SSA uses the information to pay a qualified spouse who elects to receive a reduced Social Security benefit. SSA will collect this information one-time at the request of the respondent, who would like to receive permanently reduced benefits. Respondents are entitled spouses seeking reduced benefits.

3. Use of Information Technology to Collect the Information

Form SSA-25 is available on SSA's website for individuals to print, complete, and mail to SSA for processing. SSA did not create an electronic version of form SSA-25 under the agency’s Government Paperwork Elimination Act (GPEA) plan because only 30,000 respondents complete the form. This is less than the GPEA cut-off of 50,000.

4. Why We Cannot Use Duplicate Information

The nature of the information we are collecting and the manner in which we collect it preclude duplication. SSA does not use another collection instrument to collect similar data

5. Minimizing Burden on Small Respondents

This collection does not affect small businesses or other small entities.

6. Consequence of Not Collecting Information or Collecting it Less Frequently

If SSA did not collect the information on this form, SSA would not be able to pay the qualified spouses reduced benefits. In addition, since SSA collects this information on an as needed basis, we cannot collect it less frequently. There are no technical or legal obstacles to burden reduction

7. Special Circumstances

There are no special circumstances that would cause SSA to conduct this information collection in a manner inconsistent with 5 CFR 1320.5.

8. Solicitation of Public Comment and Other Consultations with the Public

SSA published the 60-day advance Federal Register Notice on June 09, 2009, at 74 FR 27379, and we received no public comments. SSA published the second Notice published on August 07, 2009, at 74 FR 39728. SSA did not consult members of the public in the development of this form.

9. Payment or Gifts to Respondents

SSA does not provide payments or gifts to the respondents.

10. Assurances of Confidentiality

SSA protects and holds confidential the information it is requesting in accordance with 42 U.S.C. 1306, 20 CFR 401 and 402, 5 U.S.C. 552 (Freedom of Information Act), 5 U.S.C. 552a (Privacy Act of 1974), and OMB Circular No. A-130.

11. Justification for Sensitive Questions

The information collection does not contain any questions of a sensitive nature.

12. Estimates of Public Reporting Burden

Approximately 30,000 respondents take 2 minutes each to complete form SSA-25 each year. Accordingly, the burden is 1,000 hours. This figure represents burden hours, and we did not calculate a separate cost burden.

13. Annual Cost to the Respondents (Other)

There is no known cost burden to the respondents.

14. Annual Cost to Federal Government

The annual cost to the Federal Government is approximately $46,200. This estimate is a projection of the costs for printing and distributing the collection instrument and for collecting the information.

15. Program Changes or Adjustments to the Information Collection Request

There is no change in the public reporting burden.

16. Plans for Publication Information Collection Results

There are no changes in the public reporting burden.

17. Displaying the OMB Approval Expiration Date

OMB exempted SSA from the requirement to print the OMB approval expiration date on its program forms. SSA produces millions of public-use forms, many of which have a life cycle longer than that of an OMB approval. SSA does not periodically revise and reprint its public-use forms (e.g., on an annual basis). OMB granted this exemption so the agency would not have to discontinue using otherwise useable editions of forms with outdated expiration dates. In addition, SSA avoids Government waste, because we will not have to destroy and reprint stocks of forms.

18. Exceptions to Certification Statement

SSA is not requesting an exception to the certification requirements at 5 CFR 1320.9 and related provisions at 5 CFR 1320.8(b)(3).

B. Collections of Information Employing Statistical Methods

SSA does not use statistical methods for this information collection.

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