[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: 20CFR218.40]



[Page 243]

 

                      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.  218.40  When a widow(er) annuity ends.



    (a) Entitlement based on age. When a widow(er)'s annuity is based on 

age, the annuity ends with the earliest of the last day of the month 

before the month in which--

    (1) The widow(er) dies;

    (2) The widow(er) remarries (the widow(er) may be entitled to 

benefits as a remarried widow(er) as explained in part 216 of this 

chapter);

    (3) The widow(er) becomes entitled to another survivor annuity in a 

larger amount, unless he or she elects to be paid the smaller annuity; 

or

    (4) The Board approves an award to someone else as the employee's 

legal widow(er) if entitlement is based on a deemed valid marriage.

    (b) Disabled widow(er). If entitlement is based on the widow(er)'s 

disability, the annuity ends with the earliest of--

    (1) The last day of the month shown in paragraph (a) of this 

section;

    (2) The last day of the second month following the month in which 

the disability ends; or

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

widow(er) attains age 60 (the disability annuitant then becomes entitled 

to an annuity based upon age).

    (c) Annuity entitlement based on ``child in care.'' A widow(er) 

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

paragraph if he or she is not eligible for a widow(er) annuity based on 

age as explained in part 216 of this chapter. However, see also 

paragraph (d) of this section. If the widow(er) is eligible for a 

widow(er) annuity based on age, when he or she is no longer entitled on 

the basis of having a ``child in care,'' his or her annuity is changed 

to a widow(er) annuity based on age. A widow(er) annuity based on having 

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

    (1) The last day of the month shown in paragraph (a) of this 

section;

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

no longer in the widow(er)'s care as explained in part 216 of this 

chapter (in this case entitlement to the annuity does not terminate, but 

no annuity is payable while the child is no longer in care);

    (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 

widow(er) attains full retirement age (the ``child in care'' annuity is 

changed to an age annuity);

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

marries;

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

dies; or

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

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

    (d) Tier I benefit entitlement based on child in care. The tier I 

benefit of a widow(er), 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 paragraph (a) of this 

section;

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

no longer in the widow(er)'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.



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