[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: 20CFR229.91]

[Page 489-490]
 
                      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 490]]

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.