[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR229.30]

[Page 480]
 
                      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.