[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: 20CFR216.52]



[Page 220-221]

 

                      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.  216.52  Who is eligible for an annuity as a divorced spouse.



    To be eligible for a divorced spouse annuity, the employee annuitant 

must be at least age 62 and the divorced spouse (see Sec.  222.22 of 

this chapter) must:

    (a) Be the divorced wife or husband of an employee;

    (b) Stop work for a railroad employer;

    (c) Not be entitled to an old-age or disability benefit under the 

Social Security Act based on a primary insurance amount that is equal to 

or greater than one-half of the employee's tier I primary insurance 

amount; and either

    (d) Have attained retirement age; or



[[Page 221]]



    (e) Have attained age 62 but be under retirement age. The annuity is 

reduced for each month the spouse is under retirement age at the time 

the annuity begins.