[Code of Federal Regulations] [Title 20, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR404.274] [Page 89-90] TITLE 20--EMPLOYEES' BENEFITS CHAPTER III--SOCIAL SECURITY ADMINISTRATION PART 404_FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950 ) --Table of Contents Subpart C_Computing Primary Insurance Amounts Sec. 404.274 Measuring the increase in the indexes. (a) General. Depending on the OASDI fund ratio, we measure the rise in one index or in both indexes during the applicable measuring period (described in paragraphs (b) and (c) of this section) to determine whether there will be an automatic cost-of-living increase and if so, its amount. (b) Measuring period based on CPI. For the increase effective December 1984 and later years, the measuring period we use for finding the amount of the CPI increase-- (1) Begins with-- (i) Any calendar quarter in which an ad hoc benefit increase is effective; or, if later, (ii) The third calendar quarter of any year in which the last automatic increase became effective; and (2) Ends with the third calendar quarter of the following year, but only if the CPI has increased by at least 3.0 percent (after rounding to the nearest one-tenth of one percent) since the beginning of the measuring period. (If the CPI increase is less than 3.0 percent, we extend the measuring period to the third quarter of the next year, doing so repeatedly until the 3.0 percent level is reached.) If this measuring period ends in a year after the year in which an ad hoc increase was enacted into law or took effect, there can be no cost-of-living increase based on this measuring period, and we will apply the rule in paragraph (d) of this section. (c) Measuring period based on AWI. The measuring period we use for finding the amount of the AWI increase-- (1) Begins with-- (i) The calendar year before the year in which an ad hoc benefit increase is effective; or, if later, (ii) The calendar year before the year in which the last automatic increase became effective; and (2) Ends with the following year, but only if the AWI has increased by at least 3.0 percent (after rounding to the nearest one-tenth of one percent) in that one-year period. (If the AWI increase is less than 3.0 percent, we extend the measuring period to the next year, doing so repeatedly until the 3.0 percent level is reached.) If this measuring period ends in a year in which an ad hoc increase was enacted into law or took effect, there can be no cost-of-living increase based on this measuring period, and we will apply the rule in paragraph (d) of this section. (d) When no automatic cost-of-living increase is possible. No automatic cost-of-living increase is possible for the calendar year that immediately follows a year in which an ad hoc increase was enacted into law or took effect. The measuring period for the next automatic cost-of- living increase-- (1) Where the measuring period is based on the CPI, (i) Begins with the calendar quarter in which the ad hoc increase took effect; and [[Page 90]] (ii) Ends with the third calendar quarter of the next year in which the CPI has risen by at least 3.0 percent if an ad hoc increase was not enacted or effective in the preceding year. (If the CPI increase is less than 3.0 percent, or an ad hoc increase was enacted or effective in the prior year, we extend the end of the measuring period to the third quarter of the following year, doing so repeatedly until the 3.0 percent level is reached in a year which does not immediately follow an ad hoc increase year.) (2) Where the measuring period is based on the AWI, (i) Begins with the calendar year before the year in which the ad hoc increase took effect; and (ii) Ends with the next calendar year in which the AWI has increased by at least 3.0 percent and in which an ad hoc increase is not enacted or effective. (If the AWI increase is less than 3.0 percent, we extend the end of the measuring period to the following year, doing so repeatedly until the 3.0 percent level is reached in a year in which an ad hoc increase is not enacted or effective.) [51 FR 12603, Apr. 21, 1986]