Code of Federal Regulations (Last Updated: April 5, 2024) |
Title 20 - Employees' Benefits |
Chapter II - Railroad Retirement Board |
SubChapter B - Regulations Under the Railroad Retirement Act |
Part 216 - Eligibility for an Annuity |
Subpart F - Spouse and Divorced Spouse Annuities |
§ 216.52 - Who is eligible for an annuity as a divorced spouse.
Latest version.
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§ 216.52 Who is eligible for an annuity as a divorced spouse.
To be eligible for a divorced spouse annuity, the employee annuitant must be at least age 62 and the divorced spouse (see § 222.22 of this chapter) must:
(a) Be the divorced wife or husband of an employee;
(b) Stop work for a railroad employer;
(c) Not be entitled to an old-age or disability benefit under the Social Security Act based on a primary insurance amount that is equal to or greater than one-half of the employee's tier I primary insurance amount; and either
(d) Have attained retirement age; or
(e) Have attained age 62 but be under retirement age. The annuity is reduced for each month the spouse is under retirement age at the time the annuity begins.