[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: 20CFR216.51]



[Page 220]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents

 

             Subpart F_Spouse and Divorced Spouse Annuities

 

Sec.  216.51  Who is eligible for a spouse annuity.



    (a) To be eligible for an annuity, a spouse must:

    (1) Be the husband or wife, as defined in part 222 of this chapter, 

of an employee who is entitled to an annuity described under subpart D 

of this part; and

    (2) Stop working for any railroad employer.

    (b) Where the employee's annuity began before January 1, 1975, the 

employee has completed less than 30 years of railroad service, and is 

age 65 or older, the spouse must be:

    (1) Age 65 or older;

    (2) Less than age 65 and have in his or her care a disabled child or 

minor child (a child under 18 years old if the spouse claimant is a 

wife, or under 16 years old if the spouse claimant is a husband) of the 

employee; or

    (3) Age 62 or older but under age 65. In such case, all annuity 

components are reduced for each month the spouse is under age 65 at the 

time the annuity begins.

    (c) Where the employee's annuity begins after December 31, 1974, the 

employee has completed 10 years but less than 30 years of railroad 

service, and has attained age 62, the spouse must be:

    (1) Retirement age or older;

    (2) Less than retirement age and have in his or her care a disabled 

child or a minor child (a child under 18 years old if the spouse 

claimant is a wife, or under 16 years old if the spouse claimant is a 

husband) of the employee; or

    (3) Age 62 or older but under retirement age. In such case, all 

annuity components are reduced for each month the spouse is under 

retirement age at the time the annuity begins.

    (d) Where the employee's annuity began after June 30, 1974, the 

employee has completed 30 years of railroad service, and is age 60 or 

older, the spouse must be:

    (1) Age 60 or older;

    (2) Less than age 60 and have in his or her care a disabled child or 

a minor child (a child under 18 years old if the spouse claimant is a 

wife, or under 16 years old if the spouse claimant is a husband) of the 

employee; or

    (3) Age 60 but less than retirement age. In such case, the tier I 

component is reduced if the following conditions are met:

    (i) The employee was under age 62 at the time his or her annuity 

began;

    (ii) The employee annuity began after June 30, 1984;

    (iii) The employee was under age 60 on June 30, 1984 or completed 30 

years of railroad service after June 30, 1984; and

    (iv) The spouse annuity begins after June 30, 1984.