[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR226.52]

[Page 443-444]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 226_COMPUTING EMPLOYEE, SPOUSE, AND DIVORCED SPOUSE ANNUITIES
--Table of Contents
 
              Subpart D_Railroad Retirement Family Maximum
 
Sec. 226.52  Total annuity subject to maximum.

    The total annuity amount which is compared to the maximum monthly 
amount to determine if a reduction for the railroad retirement family 
maximum applies is determined by adding together the amounts in 
paragraphs (a) and (b) of this section. A hypothetical spouse annuity 
amount is included from the beginning date of the employee annuity if 
the spouse is not entitled to an annuity at the time the maximum 
calculation is made.
    (a) Employee annuity amounts. The following amounts are added 
together--
    (1) The employee tier I amount, effective on the date the employee's 
tier I benefit begins or, if later, on the date a reduction for other 
disability benefits begins or ends, as shown in Sec. 226.71 of this 
part. This amount is before any reduction for age or social security 
benefits but after including any delayed retirement credits, after any 
reduction for other disability benefits, and after rounding; and
    (2) The employee tier II rate before reduction for the railroad 
retirement family maximum, effective on the employee's annuity beginning 
date and, if later, on the date the tier II is first reduced for a 
vested dual benefit, as shown in Sec. 226.11 of this part; and
    (3) The initial supplemental annuity rate effective on the date the 
supplemental annuity begins, before any reduction for a private pension, 
as shown in part 227 of this chapter.
    (b) Spouse annuity amounts. The following amounts are added 
together--
    (1) The spouse tier I amount, which is or would be effective on the 
date the employee's annuity or tier I benefit begins, as shown in Sec. 
226.30. This amount is before any reduction for other disability 
benefits, age, or social security benefits, but after any reduction for 
a government pension or employee annuity; and
    (2) The spouse tier II rate which is or would be effective on the 
employee's annuity beginning date, the date the employee's tier I 
benefit begins, or the

[[Page 444]]

date the employee's tier II rate is reduced for a vested dual benefit, 
as shown in Sec. 226.11. This rate includes the restored amount but 
does not include any cost-of-living increase in the tier II original 
rate or restored amount. It is the rate before reduction for the 
railroad retirement family maximum or age minus any cost-of-living 
increases.