[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: 20CFR216.62]



[Page 221-222]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents

 

Subpart G_Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) 

                                Annuities

 

Sec.  216.62  Who is eligible for an annuity as a surviving divorced 

spouse.



    (a) A surviving divorced spouse of an employee who completed 10 

years of railroad service and had a current connection with the railroad 

industry at death, is eligible for an annuity if he or she:

    (1) Is unmarried;

    (2) Is not entitled to an old-age benefit under the Social Security 

Act that is equal to or higher than the surviving divorced spouse's 

annuity before any reduction for age; and either

    (3) Has attained retirement age;

    (4) Is at least 50 years of age but less than retirement age and is 

disabled as defined in part 220 of this chapter before the end of the 

period described in Sec.  216.68 (this results in a reduced annuity.);

    (5) Is less than retirement age but has in his or her care a child 

who either is under age 16 or is disabled and who is entitled to an 

annuity under subpart H of this part; or

    (6) Is at least 60 years of age but has not attained retirement age. 

In this



[[Page 222]]



case, the annuity is reduced for each month the surviving spouse is 

under retirement age when the annuity begins.

    (b) A disabled surviving spouse's annuity is converted to an annuity 

based on age beginning the month he or she becomes 60 years old. The 

annuity rate does not change.

    (c) If a surviving divorced spouse marries after attaining age 60 

(or age 50 if he or she is a disabled surviving divorced spouse), such 

marriage shall be deemed not to have occurred.