[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: 20CFR216.91]



[Page 226]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents

 

             Subpart J_Eligibility for More Than One Annuity

 

Sec.  216.91  Entitlement as an employee and spouse, divorced spouse, 

or survivor.



    (a) General. If an individual is entitled to an annuity as a spouse, 

divorced spouse or survivor, and is also entitled to an employee 

annuity, then the spouse, divorced spouse or survivor annuity must be 

reduced by the amount of the employee annuity. However, this reduction 

does not apply (except as provided in paragraph (b) of this section) if 

the spouse, divorced spouse or survivor or the individual upon whose 

earnings record the spouse, divorced spouse or survivor annuity is based 

worked for a railroad employer or as an employee representative before 

January 1, 1975.

    (b) Tier I reduction. If an individual is entitled to an annuity as 

a spouse, divorced spouse or survivor, and is also entitled to an 

employee annuity, then the tier I component of the spouse, divorced 

spouse or survivor annuity must be reduced by the amount of the tier I 

component of the employee annuity. Where the spouse or survivor is 

entitled to a tier II component, then a portion of this reduction may be 

restored in the computation of this component.