[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: 20CFR218.43]



[Page 244-245]

 

                      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.  218.43  When a surviving divorced spouse annuity ends.



    (a) Entitlement based on age. When the surviving divorced spouse 

annuity is based on age, the annuity ends with the earliest of the last 

day of the month before the month in which the surviving divorced 

spouse--

    (1) Dies;

    (2) Becomes entitled to an old age benefit under the Social Security 

Act that is equal to or larger than the amount of the full surviving 

divorced spouse annuity before reduction for age; or

    (3) Becomes entitled to a spouse or survivor annuity in a larger 

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

    (b) Entitlement based on disability. When the surviving divorced 

spouse annuity is based on 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 

surviving divorced spouse attains full retirement age (the disability 

annuitant then becomes entitled based upon age).

    (c) Entitlement based on ``child in care.'' When the surviving 

divorced spouse annuity is based on having a ``child in care'' as 

explained in part 216 of this chapter, the annuity ends as shown in this 

paragraph unless he or she is at least age 60 and was married to the 

employee for at least 10 years. In that case, the surviving divorced 

spouse annuity based on having a child in care is changed to an annuity 

based on age. If the surviving divorced spouse is not entitled to an 

annuity based on age, the surviving divorced spouse annuity based on 

``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 surviving divorced spouse'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 16, unless the child is disabled;

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

surviving divorced spouse remarries unless the marriage is to an 

individual entitled to a retirement, disability, widow(er)'s, father's/

mother's, parent's or child's disability benefit under the Railroad 

Retirement Act or Social Security Act;

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

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



[[Page 245]]



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

surviving divorced spouse attains full retirement age (the annuitant 

then becomes entitled to an annuity based upon age).



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