[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: 20CFR229.20]



[Page 477]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 229_SOCIAL SECURITY OVERALL MINIMUM GUARANTEE--Table of Contents

 

      Subpart C_Eligibility for Increase Under the Overall Minimum

 

Sec.  229.20  When an employee is eligible for an increase under the 

overall minimum.





    (a) Overall minimum based on age. An employee annuity can be 

increased under the age O/M if all the following conditions are met:

    (1) The employee is entitled to an age or disability annuity as 

shown in part 216 of this chapter.

    (2) The employee is at least 62 years old throughout the whole 

month. The O/M is reduced for each month it is payable before the month 

the employee attains retirement age.

    (3) The employee is fully insured under section 214 or 227 of the 

Social Security Act based on railroad and social security earnings.

    (b) Overall minimum based on disability. An employee annuity can be 

increased under the DIB O/M if the employee is under retirement age, and

    (1) Is entitled to an age or disability annuity; and

    (2) Is disabled under Sec.  404.1505 of this title; and

    (3) Is insured for a disability benefit under Sec.  404.130 of this 

title based upon combined railroad and social security earnings.

    (c) Spouse with child in care or spouse retirement age or older. If 

the employee has not attained the age required to qualify the spouse for 

a spouse annuity but the employee meets the conditions of paragraph (a) 

or (b) of this section, the employee annuity can be increased under the 

overall minimum if:

    (1) The employee and spouse complete the required statements 

concerning the family and earnings as provided for in Sec.  229.4 of 

this part; and

    (2) The spouse meets the marriage requirements as provided for in 

part 222 of this chapter; and

    (3) The spouse has an eligible child in care, or the spouse is 

retirement age or older.

    (d) Spouse election. If the employee has not attained the age 

required to quality the spouse for a spouse annuity but the employee 

meets the conditions of paragraph (a) or (b) of this section, the 

employee annuity can be increased under the overall minimum if:

    (1) The employee and spouse complete the required statements 

concerning the family and earnings as provided for in Sec.  229.4 of 

this part; and

    (2) The spouse meets the marriage requirements as provided for in 

part 222 of this chapter; and

    (3) The spouse is between age 62 and retirement age and does not 

have a child in care; and

    (4) The spouse files an election to be included.



[[Page 478]]