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What is the legal retirement age by federal law?

4 min read

For those born in 1960 or later, the full retirement age for Social Security is 67. Understanding what is the legal retirement age by federal law is crucial for retirement planning, as it directly affects your monthly benefit amount and when you can claim it without penalty.

Quick Summary

The legal retirement age, known as the Full Retirement Age (FRA), depends on your birth year and is 67 for anyone born in 1960 or later. While you can claim benefits as early as age 62, doing so results in a reduced monthly amount, while delaying beyond your FRA (up to age 70) increases it.

Key Points

  • Full Retirement Age (FRA): The legal retirement age for full Social Security benefits is 67 for those born in 1960 or later, following a gradual increase implemented in 1983.

  • Early vs. Delayed Benefits: While you can start collecting benefits as early as age 62, your payments will be permanently reduced; conversely, delaying benefits until age 70 will permanently increase your monthly amount.

  • No Mandatory Federal Age: The Age Discrimination in Employment Act (ADEA) generally prevents employers from forcing retirement based on age, with only a few specific exceptions for roles like airline pilots and high-level executives.

  • Impact on Monthly Income: Your choice of when to claim Social Security has a lasting impact on your monthly income, which is a key factor in retirement planning.

  • Personalized Decisions: Your best retirement age depends on personal factors like your health, financial situation, and whether you will continue to work part-time.

In This Article

Demystifying the Legal Retirement Age: More Than a Single Number

When people ask, "What is the legal retirement age by federal law?" they are most often referring to the Full Retirement Age (FRA) set by the Social Security Administration (SSA). Unlike a simple, fixed number for all, the FRA is a staggered age based on your year of birth. It's a critical component of retirement planning that dictates the exact age at which you are entitled to your full, unreduced retirement benefits.

The Social Security Full Retirement Age Schedule

The FRA is a direct result of the 1983 amendments to the Social Security Act, which gradually increased the age to reflect longer life expectancies. For many years, the FRA was a static 65, but the law's phase-in schedule changed that. The adjustment is now complete, setting a new standard for a large portion of the workforce.

Full Retirement Age by Birth Year

Year of Birth Full Retirement Age
1943–1954 66
1955 66 and 2 months
1956 66 and 4 months
1957 66 and 6 months
1958 66 and 8 months
1959 66 and 10 months
1960 and later 67

This table illustrates how the age gradually increased for different generations. For anyone born in 1960 or later, your FRA is 67, a milestone that is pivotal for your financial future. It is the age at which the SSA considers you eligible for 100% of your Primary Insurance Amount (PIA), the baseline amount of your monthly benefit.

Early Retirement: The Age-62 Option

One of the most significant aspects of federal retirement law is the option to begin collecting Social Security benefits as early as age 62. While tempting for those eager to leave the workforce, this comes with a permanent reduction in your monthly payments.

The reduction is calculated based on how many months you receive benefits before reaching your FRA. For someone with an FRA of 67, claiming benefits at age 62 results in a monthly payment that is about 30% lower than their full benefit. This reduction is permanent and will affect the amount you receive for the rest of your life. This option is not ideal for everyone and requires careful consideration of your financial needs and health status.

Delayed Retirement: The Power of Waiting

On the other hand, federal law also rewards those who delay collecting their Social Security benefits beyond their FRA. For each month you wait past your FRA up to age 70, you earn "delayed retirement credits," which permanently increase your monthly payment.

For those born in 1943 or later, the annual increase is 8% for every full year you delay. By waiting until age 70, you can maximize your monthly benefit, a powerful strategy to ensure greater financial security in your later years. This can provide a valuable hedge against inflation and is often a good option for those who are healthy, have other sources of income, or want to increase the survivor benefits for a spouse.

The Myth of Mandatory Retirement Age

It's a common misconception that there is a mandatory retirement age for all professions under federal law. However, the Age Discrimination in Employment Act (ADEA) of 1967 generally prohibits employers from forcing employees to retire based on age alone.

There are a few, narrowly-defined exceptions where a mandatory retirement age is legally permissible, such as for certain high-level executives, federal law enforcement personnel, and commercial airline pilots, where age-related qualifications are a bona fide occupational requirement. For the vast majority of the workforce, however, the decision of when to retire is a personal one, not dictated by a federal mandate.

Making an Informed Decision

Choosing when to retire and begin collecting Social Security benefits is one of the most important financial decisions of your life. There are several factors to weigh, including:

  • Your personal health and expected longevity.
  • Your current cash flow needs versus long-term financial security.
  • Your marital status and potential survivor benefits.
  • Whether you plan to continue working part-time in retirement.
  • Your overall investment and savings strategy.

To help you make this crucial decision, the Social Security Administration provides a wealth of information and calculators on their website. You can find your specific FRA and get personalized estimates based on different claiming ages.

It's essential to visit the official SSA website for the most accurate and up-to-date information, as the law and benefit calculations can be complex. Access the Social Security Administration's Retirement Planner here.

Conclusion

To summarize, what is the legal retirement age by federal law? It's the Full Retirement Age (FRA) for Social Security, which is 67 for anyone born in 1960 or later. Federal law offers flexibility, allowing you to claim benefits early with a permanent reduction or delay them to increase your monthly income. There is no universal mandatory retirement age, giving you the power to choose what is best for your unique circumstances. By understanding the rules and carefully considering your options, you can make a choice that leads to a more financially secure retirement.

Frequently Asked Questions

The Full Retirement Age (FRA) for Social Security benefits is determined by your year of birth. For anyone born in 1960 or later, the FRA is 67. The age is prorated for those born between 1943 and 1959.

Yes, you can begin receiving Social Security retirement benefits as early as age 62. However, be aware that your monthly benefit will be permanently reduced if you start claiming before your FRA.

If your FRA is 67, claiming benefits at age 62 results in a permanent reduction of about 30%. The reduction percentage is smaller the closer you are to your FRA.

Yes. If you delay claiming your benefits past your FRA, up to age 70, you will earn delayed retirement credits. For those born in 1943 or later, this increases your monthly benefit by 8% for each year you wait.

No, federal law generally prohibits mandatory retirement based on age alone, thanks to the Age Discrimination in Employment Act (ADEA). There are very limited exceptions for certain high-level or public safety roles.

Consider your health and longevity, current financial needs, other sources of income, and whether you plan to continue working. Your decision will have a permanent impact on your monthly Social Security income.

Your delayed retirement credits increase your own benefit, which can result in a higher survivor benefit for your spouse if you pass away first. However, it does not increase the spousal benefit your partner receives while you are both living.

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.