[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: 20CFR229.30]



[Page 478]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

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

 

    Subpart D_Family Members Included in Overall Minimum Computation

 

Sec.  229.30  Who can be included in the computation of an annuity under 

the overall minimum.





    (a) Spouse. In order to be included as a spouse in the computation 

of the overall minimum rate, a person must be the employee's wife or 

husband, as defined in part 222 of this chapter, as of the date 

described in Sec.  229.31 of this part. The spouse must also be 62 years 

or older throughout the whole month in which he or she is first included 

or have the employee's child who is under 16 years old or disabled 

(before attaining age 22) in his or her care. If a spouse is 62 years 

old or older and under retirement age, and does not have an eligible 

child in his or her care, the spouse will be included only if he or she 

requests the payment of a reduced spouse annuity.

    (b) Child. In order to be included as a child in the computation of 

the overall minimum, a person must meet the following requirements as of 

the date described in Sec.  229.32 of this part. The person must be:

    (1) The employee's child as defined in part 222 of this chapter; and

    (2) Dependent on the employee, as shown in part 222 of this chapter; 

and

    (3) Not married; and either

    (4) Under 18 years old, or 18 years old to 19 years old and a full-

time student, as defined in part 216 of this chapter, or 18 years old or 

older and disabled for any regular employment (see part 220 of this 

chapter) before attaining age 22.

    (c) Divorced spouse. In order to be included as a divorced spouse in 

the computation of the overall minimum, a person must be eligible for a 

benefit as a divorced spouse under the Railroad Retirement Act as of the 

date described in Sec.  229.33 of this part.