[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: 20CFR229.40]



[Page 479]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

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

 

        Subpart E_When Entitlement Under the Overall Minimum Ends

 

Sec.  229.40  When an annuity increase under the overall minimum ends.





    (a) Employee Age O/M. An increase in an employee's annuity under the 

overall minimum based on age ends with the month before the month in 

which the employee dies. If a disability annuity is increased under the 

overall minimum based on age rather than disability, and the employee is 

under retirement age, the increase ends with the second month after the 

month the disability ends as shown in part 220 of this chapter.

    (b) Employee DIB O/M. An increase in an employee's annuity under the 

overall minimum based on disability ends with the earlier of:

    (1) The month before the month in which the employee dies; or

    (2) The month before the month the employee attains retirement age 

(the DIB O/M is changed to an age O/M); or

    (3) The second month after the month the disability ends, as 

explained in part 220 of this chapter.

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

minimum ends when the increase in the employee annuity ends, as shown in 

paragraphs (a) and (b) of this section, when the spouse can no longer be 

included in computing the annuity rate under the overall minimum as 

shown in Sec.  229.41 of this part, or when the spouse annuity ends as 

shown in part 218 of this chapter.



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