[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: 20CFR228.50]



[Page 473-474]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 228_COMPUTATION OF SURVIVOR ANNUITIES--Table of Contents

 

                 Subpart C_The Tier II Annuity Component

 

Sec.  228.50  Tier II annuity component widow(er), child, or parent.





    (a) General. The tier II annuity component is an additional amount 

payable to a widow(er), disabled widow(er), child, or parent, but not to 

a surviving divorced spouse or remarried widow(er), and a parent as 

provided in paragraph (b)(2) of this section, based on the railroad 

employee's earnings in the railroad industry. Unlike the tier I annuity 

component it is not reduced for any other social insurance benefit 

except a railroad retirement annuity. See Sec. Sec.  228.20-228.23 of 

this part.

    (b) Amount of the tier II annuity component (1981 amendment)--(1) 

Widow(er) or disabled widow(er). The amount of a widow(er)'s or disabled 

widow(er)'s tier II annuity component is 50 percent of the amount of the 

employee's tier II which would have been payable in the month in which 

the widow became entitled had the employee been alive and in receipt of 

an annuity under the Railroad Retirement Act at that time.

    (2) Parent. The amount of a parent's tier II annuity component is 35 

percent of the amount of the employee's tier II annuity component which 

would have been payable in the month in which the parent became entitled 

had the employee been alive and in receipt of an annuity under the 

Railroad Retirement Act at that time. However, if another survivor is 

entitled, or potentially entitled, to a tier II annuity component, the 

parent tier II annuity component is zero.

    (3) Child. The amount of each child's tier II annuity component is 

15 percent of the employee's tier II annuity component which would have 

been payable in the month in which the child became entitled had the 

employee been alive and in receipt of an annuity under the Railroad 

Retirement Act at that time.

    (c) Minimum tier II survivor annuity components. If the total tier 

II annuity components payable to survivors is less than 35 percent of 

the employee's tier II annuity component which would have been payable 

in the month the survivors became entitled had the employee been alive 

and in receipt of an annuity under the Railroad Retirement Act at that 

time, the individual tier II annuity components computed in paragraph 

(b) of this section shall be increased proportionally so that the total 

of all such tier II annuity components equals 35 percent of the 

employee's tier II annuity component.

    (d) Maximum tier II annuity components. If the total tier II 

survivor annuity components payable to survivors exceeds 80 percent of 

the employee's tier II annuity component which would



[[Page 474]]



have been payable in the month the survivors became entitled had the 

employee been alive and entitled to an annuity under the Railroad 

Retirement Act at that time, the individual tier II annuity components 

computed in paragraph (b) of this section shall be reduced 

proportionally so that the total of all such tier II annuity components 

totals no more than 80 percent of the employee's tier II annuity 

component.

    (e) Age reduction. The tier II annuity component of a widow(er) or 

disabled widow(er) is subject to reduction by the same age reduction 

factor as is applicable to the tier I annuity component. See Sec.  

228.15 of this part.