TN 16 (09-11)

GN 00304.060 Forfeiture of Entitlement Homicide of the Worker

A. Policy for forfeiture of entitlement

1. Adult

An adult convicted of the felonious and intentional homicide of another person cannot be entitled to monthly benefits or the Lump Sum Death Payment (LSDP) on the earnings record of that person, or receive any underpayment due the deceased person.

Consider the convicted person as nonexistent in determining the entitlement of other survivors, or the amount of their benefits.

2. Juvenile

Beginning 03/1982, the following applies to survivors subject to the juvenile justice system:

If...

Then...

Found by a court of competent jurisdiction to have intentionally caused the Number Holder's (NH) death by an act which, if committed by an adult, would be considered a felony or an act in the nature of felony

  • We cannot pay survivor's benefits on the worker's earnings record beginning 03/1982, or the month of the NH's death, whichever is later.

  • We cannot pay underpayments or LSDP based on the NH's earnings record.

The conviction is post-adjudicative

Terminate benefits retroactively to 02/1982, or the date of the NH's death, whichever is later.

NOTE: This applies even if the NH's death or the juvenile justice proceedings occurred prior to March 30, 1982.

B. Definitions

1. Intent

A wish or expectancy that an act will have a certain result (regardless of the actual likelihood of such a result).

The presence of will in the commission of a criminal act where the individual is fully aware of the nature and probable consequences of the act that he or she plans to commit. This applies whether the individual desires that such consequences occur or is indifferent as to their occurrence.

Seldom intent is established by direct proof, but must be inferred from facts.

2. Felonious and intentional homicide

  • Crimes committed by adults (including childhood disability beneficiaries CDB) considered intentional and legally felonious (or acts in the nature of a felony); and

  • Acts committed by juveniles that are intentional and would be considered felonies, if committed by an adult (though in fact, such acts by juveniles are not felonies under applicable State law).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200304060
GN 00304.060 - Forfeiture of Entitlement Homicide of the Worker - 09/22/2011
Batch run: 09/22/2011
Rev:09/22/2011