[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: 20CFR218.11]



[Page 237-238]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 218_ANNUITY BEGINNING AND ENDING DATES--Table of Contents

 

                    Subpart B_When an Annuity Begins

 

Sec.  218.11  When a spouse annuity begins.



    (a) A spouse annuity begins on the later of either the date chosen 

by the applicant or the earliest date permitted by law.

    (b) Earliest date permitted by law--(1) General rules. The earliest 

date permitted by law is the latest of--

    (i) The day after the day the claimant last worked for a railroad 

employer;

    (ii) The beginning date of the employee annuity;

    (iii) The first day of the month in which the claimant meets the 

marriage requirement as shown in part 216 of this chapter; or

    (iv) The first day of the month in which the employee annuitant 

meets the age requirement to qualify the claimant as shown in part 216 

of this chapter.

    (2) Full-age annuity. The earliest date permitted by law is the 

latest of--

    (i) The month shown in paragraph (b)(1) of this section;

    (ii) The first day of the month in which the claimant meets the age 

requirement as shown in part 216 of this chapter; or

    (iii) The first day of the sixth month before the month in which the 

application is filed.

    (3) ``Child in care'' annuity. The earliest date permitted by law is 

the latest of--

    (i) The month shown in paragraph (b)(1) of this section;

    (ii) The first day of the month in which the claimant becomes 

eligible for a spouse annuity based on having a ``child in care'' as 

shown in part 216 of this chapter; or

    (iii) The first day of the sixth month before the month in which the 

application is filed.

    (4) Reduced-age annuity. The earliest date permitted by law is the 

latest of--



[[Page 238]]



    (i) The month shown in paragraph (b)(1) of this section;

    (ii) The first day of the first full month in which the spouse is 

age 62 if the employee has less than 30 years of service;

    (iii) The first day of the month in which the spouse is age 60, if 

the employee has at least 30 years of service;

    (iv) The first day of the sixth month before the month in which the 

application is filed; or

    (v) The first day of the month in which the application is filed if 

beginning the annuity in an earlier month would increase the age 

reduction factor applied to the annuity.