[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: 20CFR218.13]



[Page 238-239]

 

                      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.  218.13  When a widow(er) annuity begins.



    (a) A widow(er) 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) Full-age annuity. The 

earliest date permitted by law is the latest of--

    (i) The first day of the month in which the employee dies;

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

retirement age; or

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

application is filed.

    (2) Reduced-age annuity--(i) Widow(er) age 60 through age 62. The 

earliest date permitted by law is the latest of--

    (A) The first day of the month in which the employee dies;

    (B) The first day of the month in which the claimant attains age 60; 

or

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

application is filed.

    (ii) Widow(er) over age 62 but under full retirement age. The 

earliest date permitted by law is the latest of--

    (A) The first day of the month in which the employee dies;

    (B) The first day of the month in which the claimant attains age 62 

and one month; or

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

    (3) Disability annuity. The earliest date permitted by law is the 

latest of--

    (i) The first day of the month in which the employee dies;

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

50;



[[Page 239]]



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

the application is filed; or

    (iv) The first day of the sixth month after the month of disability 

onset.

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

the latest of--

    (i) The first day of the month in which the employee dies;

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

eligible for a widow(er) annuity based on having a ``child in care'' as 

explained in part 216 of this chapter; or

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

application is filed.



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