[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: 20CFR218.12]



[Page 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.  218.12  When a divorced spouse annuity begins.



    (a) A divorced 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 first full month in which the employee 

annuitant is age 62 if the employee has not been granted a period of 

disability;

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

attains age 62 if the employee has been granted a period of disability; 

or

    (v) The first day of the month in which the final decree of divorce 

is effective.

    (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 attains full 

retirement age;

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

the application is filed if the employee is a disability annuitant or 

has been granted a period of disability; or

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

the application is filed if the employee is not entitled to a disability 

annuity or a period of disability.

    (3) Reduced-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 first full month the claimant is age 62 if 

the application is filed in or before that month; or

    (iii) The first day of the month in which the application is filed.



[54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]