[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: 20CFR218.38]



[Page 242]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

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

 

                     Subpart D_When an Annuity Ends

 

Sec.  218.38  When a spouse annuity ends.



    (a) General rules. A spouse annuity ends with the earliest of--

    (1) The last day of the month before the month in which the spouse 

dies;

    (2) The last day of the month before the month in which the employee 

dies or the employee's entitlement to an annuity ends;

    (3) The last day of the month before the month in which the spouse's 

marriage to the empoyee is ended by absolute divorce, annulment, or 

other judicial action (the spouse may be entitled to a divorced spouse 

annuity as explained in part 216 of this chapter); or

    (4) The month shown in paragraphs (b) and (d) of this section.

    (b) Annuity entitlement based on ``child in care.'' A spouse annuity 

based on having a ``child in care'' ends as shown in this paragraph if 

he or she is not also eligible for a full-age spouse annuity as 

explained in part 216 of this chapter. However, see also paragraph (c) 

of this section. If the spouse is eligible for a full-age spouse annuity 

when he or she is no longer entitled on the basis of a child, his or her 

annuity is changed to a spouse annuity based on age. A spouse annuity 

based on having a ``child in care'' ends with the earliest of--

    (1) The last day of the month shown in paragraphs (a) and (d) of 

this section;

    (2) The last day of the month before the month in which the child is 

no longer in the spouse's care, as explained in part 216 of this 

chapter;

    (3) The last day of the month before the month in which the child 

attains age 18 and is not disabled;

    (4) The last day of the month before the month in which the child 

marries;

    (5) The last day of the month before the month in which the child 

dies; or

    (6) The last day of the second month after the month in which the 

child's disability ends, if the child is over age 18.

    (c) Tier I benefit entitlement based on ``child in care.'' The tier 

I benefit of a spouse entitled because he or she has a ``child in care'' 

and is not otherwise entitled to a tier I benefit based on age, ends 

with the earliest of--

    (1) The last day of the month shown in paragraphs (a) and (d) of 

this section;

    (2) The last day of the month before the month in which the child is 

no longer in the spouse's care as explained in part 216 of this chapter;

    (3) The last day of the month before the month in which the child 

attains age 16 and is not disabled;

    (4) The last day of the month before the month in which the child 

marries;

    (5) The last day of the month before the month in which the child 

dies; or

    (6) The last day of the second month after the month in which the 

child's disability ends, if the child is over age 16.

    (d) Entitlement based on deemed marriage. If the spouse entitlement 

is based on a deemed valid marriage, the annuity ends with the earliest 

of--

    (1) The last day of the month shown in paragraphs (a) and (b) of 

this section;

    (2) The last day of the month before the month in which the deemed 

spouse enters a valid marriage with someone other than the employee; or

    (3) The last day of the month before the month in which the Board 

approves an award to someone else as the employee's legal spouse.