[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: 20CFR228.50]

[Page 454-455]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 228_COMPUTATION OF SURVIVOR ANNUITIES--Table of Contents
 
                 Subpart C_The Tier II Annuity Component
 
Sec. 228.50  Tier II annuity component widow(er), child, or parent.


    (a) General. The tier II annuity component is an additional amount 
payable to a widow(er), disabled widow(er), child, or parent, but not to 
a surviving divorced spouse or remarried widow(er), and a parent as 
provided in paragraph (b)(2) of this section, based on the railroad 
employee's earnings in the railroad industry. Unlike the tier I annuity 
component it is not reduced for any other social insurance benefit 
except a railroad retirement annuity. See Sec. Sec. 228.20-228.23 of 
this part.
    (b) Amount of the tier II annuity component (1981 amendment)--(1) 
Widow(er) or disabled widow(er). The amount of a widow(er)'s or disabled 
widow(er)'s tier II annuity component is 50 percent of the amount of the 
employee's tier II which would have been payable in the month in which 
the widow became entitled had the employee been alive and in receipt of 
an annuity under the Railroad Retirement Act at that time.
    (2) Parent. The amount of a parent's tier II annuity component is 35 
percent of the amount of the employee's tier II annuity component which 
would have been payable in the month in which the parent became entitled 
had the employee been alive and in receipt of an annuity under the 
Railroad Retirement Act at that time. However, if another survivor is 
entitled, or potentially entitled, to a tier II annuity component, the 
parent tier II annuity component is zero.
    (3) Child. The amount of each child's tier II annuity component is 
15 percent of the employee's tier II annuity component which would have 
been payable in the month in which the child became entitled had the 
employee been alive and in receipt of an annuity under the Railroad 
Retirement Act at that time.
    (c) Minimum tier II survivor annuity components. If the total tier 
II annuity components payable to survivors is less than 35 percent of 
the employee's tier II annuity component which would have been payable 
in the month the survivors became entitled had the employee been alive 
and in receipt of an annuity under the Railroad Retirement Act at that 
time, the individual tier II annuity components computed in paragraph 
(b) of this section shall be increased proportionally so that the total 
of all such tier II annuity components equals 35 percent of the 
employee's tier II annuity component.
    (d) Maximum tier II annuity components. If the total tier II 
survivor annuity components payable to survivors exceeds 80 percent of 
the employee's tier II annuity component which would

[[Page 455]]

have been payable in the month the survivors became entitled had the 
employee been alive and entitled to an annuity under the Railroad 
Retirement Act at that time, the individual tier II annuity components 
computed in paragraph (b) of this section shall be reduced 
proportionally so that the total of all such tier II annuity components 
totals no more than 80 percent of the employee's tier II annuity 
component.
    (e) Age reduction. The tier II annuity component of a widow(er) or 
disabled widow(er) is subject to reduction by the same age reduction 
factor as is applicable to the tier I annuity component. See Sec. 
228.15 of this part.