[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: 20CFR229.51]



[Page 483-484]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

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

 

            Subpart F_Computation of the Overall Minimum Rate

 

Sec.  229.51  Adjustment of age reduction.



    (a) General. If an age reduced employee or spouse overall minimum 

benefit is not paid for certain months before the employee or spouse 

attains retirement age, or the employee becomes entitled to a DIB O/M, 

the age reduction may be adjusted to drop the months for which no 

payment was made or the overall minimum rate was not reduced for age.

    (b) Employee adjusted age reduction. The following months are 

deducted from the months used to determine the age reduction in the 

Overall Minimum PIA amount, effective the month in which the employee 

attains retirement age or becomes entitled to a DIB O/M:

    (1) Months in which the increase under the overall minimum is 

completely or partially deducted because of the employee's excess 

earnings; and

    (2) Months in which the employee is entitled to a DIB O/M as well as 

a reduced O/M.

    (c) Spouse adjusted age reduction. The following months are deducted 

from the months used to determine the age reduction in the spouse 

overall minimum benefit, effective the month in which the spouse attains 

retirement age:

    (1) Months in which the spouse O/M benefit is completely or 

partially deducted because of the employee's or spouse's excess 

earnings:

    (2) Months after entitlement to a spouse O/M benefit ends for any 

reason;

    (3) Months in which a spouse has in her care the employee's child 

who is



[[Page 484]]



under 16 years old or disabled before age 22;

    (4) Months in which a DIB O/M benefit is not payable because the 

employee refused rehabilitation service (see Sec.  229.81 of this part).