[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: 20CFR218.44]



[Page 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.  218.44  When a remarried widow(er) annuity ends.



    (a) Entitlement based on age. When the remarried widow(er) annuity 

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

the month before the month in which the remarried widow(er)--

    (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 remarried 

widow(er) annuity before reduction for age or the family maximum (see 

part 228 of this chapter); 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 remarried widow(er) 

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 

remarried widow(er) attains full retirement age (the disability 

annuitant then becomes entitled to an annuity based upon age).

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

widow(er) 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 the remarried widow(er) is at least age 60. In that case, the 

remarried widow(er) annuity based on having a ``child in care'' is 

changed to an annuity based on age. If the remarried widow(er) is not 

entitled to an annuity based on age, the remarried 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 remarried 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 16, unless the child is disabled;

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

remarried widow(er) 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

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

remarried widow 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]