[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: 20CFR228.52]



[Page 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.  228.52  Restored amount.



    (a) General. A restored amount is added to the tier II annuity 

component of a widow(er)'s annuity whose annuity is reduced for receipt 

of an employee annuity under the Railroad Retirement Act provided either 

the employee or the widow(er) had ten years of creditable railroad 

service prior to January 1, 1975.

    (b) Amount. The amount of the tier II restored amount for a 

widow(er) is the difference between the amount payable as a widow(er) 

under the Railroad Retirement Act of 1937 as increased by all annual 

social security cost-of-living percentage increases from January 1, 

1975, until the later of the annuity beginning date of either the 

employee's annuity or the widow(er)'s annuity and the amount payable to 

the widow(er) under the Railroad Retirement Act of 1974 under the rules 

set forth in this part.

    (c) Widower. In order to qualify for an annuity under the 1937 Act 

and thus for a restored amount, a widower must have been dependent on 

his spouse for at least 50 percent of his support in the year prior to 

her death or at the time the spouse's annuity began.