[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: 20CFR229.22]



[Page 478]

 

                      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.  229.22  Beginning date of increase under overall minimum.



    (a) Employee age O/M. An increase under the overall minimum in an 

employee annuity based on age can be paid beginning with the later of:

    (1) The first day of the first full month throughout which the 

employee is age 62; or

    (2) The beginning date of the employee's age or disability annuity; 

or

    (3) The first month of the quarter in which the employee becomes 

insured under section 214 or 227 of the Social Security Act based on 

railroad and social security earnings; or

    (4) The month the employee attains retirement age, if a DIB O/M was 

paid in the previous month. A DIB O/M is changed to an age O/M in the 

month the employee attains retirement age.

    (b) Employee DIB O/M. An increase under the overall minimum in an 

employee annuity based on disability can be paid beginning with the 

later of--

    (1) The beginning date of the employee's disability annuity; or

    (2) The month after the month in which the disability waiting period 

described in Sec.  404.315(d) of this title ends; or

    (3) If no disability waiting period is required, the first month in 

which the employee is disabled and is insured for a disability benefit 

under Sec.  404.130 of this title.

    (c) Spouse. An increase in a spouse annuity under the overall 

minimum can be paid on the later of:

    (1) The date the increase in the employee's annuity is paid; or

    (2) The date the spouse is both eligible under the O/M and entitled 

to a spouse annuity.