[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: 20CFR228.17]



[Page 470-471]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 228_COMPUTATION OF SURVIVOR ANNUITIES--Table of Contents

 

                 Subpart B_The Tier I Annuity Component

 

Sec.  228.17  Adjustments to the widow(er)'s, disabled widow(er)'s, 

surviving divorced spouse's, and remarried widow(er)'s tier I annuity 

amount.



    (a) If the employee died before attaining age 62 and after 1978 and 

the widow(er), disabled widow(er), remarried widow(er), or surviving 

divorced spouse is first eligible after 1984, the Board will compute the 

tier I annuity amount as if the employee had not died but had reached 

age 62 in the second year after the indexing year (see Sec.  225.2 of 

this chapter); provided, however, that if the employee was entitled to a 

primary insurance amount based on average monthly wages this section is 

not applicable. The indexing year is never earlier than the second year 

before the



[[Page 471]]



year of the employee's death. Except for this limitation it is the 

earlier of----

    (1) The year the employee attained age 60, or would have attained 

age 60 had the employee lived, and

    (2) The second year before the year in which the widow(er), 

remarried widow(er), or surviving divorced spouse becomes eligible for 

such an annuity, has attained age 60, or is age 50-59 and disabled.

    (b) The tier I annuity component is increased if the employee's 

annuity was increased or would have been increased based on delayed 

retirement credits (see Sec.  225.36 of this chapter).

    (c) The tier I annuity component is reduced if the employee had been 

entitled to an age reduced annuity, including an annuity based on 30 

years of service, which is reduced for age because it began before the 

employee attained age 62. In this instance, the widow(er)'s, remarried 

widow(er)'s, or surviving divorced spouse's tier I annuity component 

after applying any reduction for age is further reduced to the larger of 

amount the employee would have received as a tier I annuity component if 

still alive or 82\1/2\ percent of his or her primary insurance amount.