[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: 20CFR216.65]



[Page 222-223]

 

                      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.  216.65  Who is an employee's widow(er).



    An individual who was married to the employee at the employee's 

death is the deceased employee's widow(er) if he or she:

    (a) Was married to the employee for at least 9 months before the day 

the employee died;

    (b) Is the natural parent of the employee's child;

    (c) Was married to the employee when either the employee or the 

widow(er) adopted the other's child, or they both legally adopted a 

child who was then under 18 years old;

    (d) Was married to the employee less than 9 months before the 

employee died but, at the time of marriage, the employee was reasonably 

expected to live for 9 months; and

    (1) The employee's death was accidental;

    (2) The employee died in the line of duty while he or she was 

serving active duty as a member of armed forces of the United States; or

    (3) The surviving spouse was previously married to the employee for 

at least 9 months;

    (e) Was entitled in the month before the month of marriage to 

either:

    (1) A benefit under section 202 of the Social Security Act as a 

widow, widower, spouse (divorced spouse, surviving divorced spouse), 

father, mother, parent, or disabled child; or

    (2) An annuity under the Railroad Retirement Act as a widow, 

widower,



[[Page 223]]



divorced spouse, or surviving divorced spouse, parent or disabled child; 

or

    (f) Could have been entitled to a benefit listed in paragraph (e) of 

this section, if the widow(er) had applied and been old enough to 

qualify therefor in the month before the month of marriage.