[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: 20CFR216.81]



[Page 225-226]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents

 

                       Subpart I_Parent's Annuity

 

Sec.  216.81  Who is eligible for a parent's annuity.



    (a) Where the employee is not survived by a widow(er), or child who 

is or ever could be entitled to an annuity as described by subpart G or 

H of this part, a parent of the deceased employee is eligible for both 

the tier I and tier II components of an annuity if he or she:

    (1) Is age 60 or older;

    (2) Has not married since the employee died;

    (3) Received one-half of his or her support (as defined in part 222 

of this chapter) from the employee at the time the employee died; and

    (4) Files proof of support as provided for in paragraphs (b)(4) and 

(b)(5) of this section.

    (b) Where the employee is survived by a widow(er), or child who is 

or ever could be entitled to an annuity as described by subpart G or H 

of this part, a parent of the deceased employee is eligible for an 

annuity consisting of the tier I component alone if he or she:

    (1) Is age 60 or older;



[[Page 226]]



    (2) Has not married since the employee died;

    (3) Is not in receipt of an old age benefit under the Social 

Security Act equal to or exceeding the amount of the parent's tier I 

annuity amount before it is reduced for the family maximum but after the 

sole survivor minimum is considered;

    (4) Received at least one-half of his or her support (as defined in 

part 222 of this chapter) from the employee either:

    (i) When the employee died, or

    (ii) At the beginning of the period of disability if the employee 

has a period of disability (as explained in part 220 of this chapter) 

which did not end before death; and

    (5) Files proof of support with the Board within 2 years after 

either:

    (i) The month in which the employee filed an application for a 

period of disability if support is to be established as of the beginning 

of the period of disability; or

    (ii) The date of the employee's death if support is to be 

established at that point.

    (c) The Board may accept proof of support filed after the 2-year 

period for reasons which constitute good cause to do so as that term is 

defined in part 219 of this chapter.