[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: 20CFR229.91]



[Page 487-488]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

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

 

                Subpart I_Payment of Overall Minimum Rate

 

Sec.  229.91  Payment of the overall minimum for part of a month.



    (a) Employee annuity payable for part of a month. If an employee 

annuity begins after the first day of the month, the O/M amount payable 

for the partial month is \1/30\ of the monthly rate times the number of 

days in the partial month.

    (b) Spouse annuity payable for part of a month--(1) Spouse not 

included in O/M before beginning date of spouse annuity and O/M applies 

as of the spouse annuity beginning date. If a spouse annuity begins 

after the first day of a month, and the spouse is not includable in the 

O/M before the beginning date of the spouse annuity, and the O/M rate 

paid to the family group, including the spouse, as of the spouse annuity 

beginning date exceeds the amounts payable using the benefit formulas 

under the Railroad Retirement Act, the amount payable to the spouse for 

the partial month is \1/30\ of the spouse's share of the O/M rate times 

the number of days in the month beginning with the spouse's annuity 

beginning date. In such a case, if the employee annuity is payable from 

the first day of the month, the amount payable to the employee is:

    (i) One-thirtieth of the higher of the railroad formula or the O/M 

rate, without the spouse included, times the number of days in the month 

before the spouse annuity begins, plus

    (ii) One-thirtieth of the employee's share of the O/M rate, with the 

spouse included, times the number of days in the month beginning with 

the spouse's annuity beginning date.

    (2) Spouse included in O/M before beginning date of spouse annuity 

and the O/M continues to apply. If a spouse annuity begins after the 

first day of a month, and the spouse is includable in the O/M before the 

beginning date of the spouse annuity, and the O/M rate paid to the 

family group, including the spouse, as of the spouse annuity beginning 

date continues to exceed the amounts payable using the benefit formulas 

under the Railroad Retirement Act, the amount payable to the spouse for 

the partial month is \1/30\ of the spouse's share of the O/M rate times



[[Page 488]]



the number of days in the month beginning with the spouse's annuity 

beginning date. In such a case, if the employee annuity is payable from 

the first of the month, the amount payable to the employee is:

    (i) One-thirtieth of the O/M rate, with the spouse included, times 

the number of days in the month before the spouse annuity begins; plus

    (ii) One-thirtieth of the employee's share of the O/M rate, with the 

spouse included, times the number of days in the month beginning with 

the spouse's annuity beginning date.

    (3) O/M rate applies before beginning date of spouse annuity and the 

railroad formula applies as of the spouse annuity beginning date. If a 

spouse annuity begins after the first day of a month and the O/M rate 

applies to the family group, with or without the spouse included, before 

the beginning date of the spouse annuity, and the O/M rate paid to the 

family group, including the spouse, as of the spouse annuity beginning 

date is less than the amounts payable using the formulas under the 

Railroad Retirement Act, the amount payable to the spouse for the 

partial month is \1/30\ of the spouse's railroad formula rate times the 

number of days in the month beginning with the spouse's annuity 

beginning date. In such a case, if the employee annuity is payable from 

the first day of the month, the amount payable to the employee is:

    (i) One-thirtieth of the O/M times the number of days in the month 

before the spouse annuity begins; plus

    (ii) One-thirtieth of the employee's railroad formula rate times the 

number of days in the month beginning with the spouse's annuity 

beginning date.