[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: 20CFR229.31]



[Page 478-479]

 

                      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.  229.31  When a spouse can be included in the computation of the 

overall minimum rate.



    (a) A spouse who is married to the employee when the employee's 

application is filed can be included in the computation of the overall 

minimum rate beginning in the later of the month in which:



[[Page 479]]



    (1) The employee first is eligible for an increase in his or her 

annuity under the overall minimum, as shown in Sec.  229.22 of this 

part; or

    (2) The spouse first becomes eligible to be included under the 

overall minimum, as shown in Sec.  229.30 of this part.

    (b) A spouse who marries the employee after the employee application 

is filed can be included in the overall minimum computation in the month 

in which he or she becomes eligible, as shown in Sec.  229.30 of this 

part, if the overall minimum rate is already payable in the previous 

month. If the railroad formula rate is payable in the month before the 

spouse becomes eligible, the spouse can be included in the overall 

minimum computation in the later of the month in which:

    (1) The employee first is eligible for an increase in his or her 

annuity rate under the overall minimum, as shown in Sec.  229.22; or

    (2) The spouse annuity begins.