[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: 20CFR218.16]



[Page 239-240]

 

                      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.  218.16  When a surviving divorced spouse annuity begins.



    (a) A surviving 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 later of--

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

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

eligible for a surviving divorced spouse annuity 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 attains full 

retirement age; or

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

application is filed.

    (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 month in which the claimant attains age 

60; or

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

or the



[[Page 240]]



first day of the month preceding the month in which the application is 

filed if the employee died in that preceding month.

    (4) Disability 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 age 

50;

    (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.

    (5) ``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; or

    (ii) 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]