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children of retired employees under the 216.51 Who is eligible for a spouse annuity. Railroad Retirement Act; or 216.52 Who is eligible for an annuity as a di- (2) Crediting the military service vorced spouse. under the Social Security Act would 216.53 What is required for payment. entitle employee to vested dual benefit 216.54 Who is an employee’s wife or hus- payments. band. Subpart G—Widow(er), Surviving Divorced PART 216—ELIGIBILITY FOR AN Spouse, and Remarried Widow(er) An- ANNUITY nuities Subpart A—General 216.60 General. 216.61 Who is eligible for an annuity as a Sec. widow(er). 216.1 Introduction. 216.62 Who is eligible for an annuity as a 216.2 Definitions. surviving divorced spouse. 216.3 Other regulations related to this part. 216.63 Who is eligible for an annuity as a re- Subpart B—Current Connection With the married widow(er). Railroad Industry 216.64 What is required for payment. 216.65 Who is an employee’s widow(er). 216.11 General. 216.66 Who is an employee’s surviving di- 216.12 When current connection is required. vorced spouse. 216.13 Regular current connection test. 216.67 ‘‘Child in care.’’ 216.14 Regular non-railroad employment 216.68 Disability period for widow(er), sur- that will not break a current connection. viving divorced spouse, or remarried 216.15 Special current connection test. widow(er). 216.16 What is regular non-railroad employ- ment. 216.17 What amount of regular non-railroad Subpart H—Child’s Annuity employment will break a current connec- 216.70 General. tion. 216.71 Who is eligible for a child’s annuity. Subpart C—Railroad and Last Non-Railroad 216.72 What is required for payment of a Employment child’s annuity. 216.73 Who may be re-entitled to a child’s 216.21 General. annuity. 216.22 Work as an employee which affects 216.74 When a child is a full-time elemen- payment. tary or secondary school student. 216.23 Work which does not affect eligi- 216.75 When a child is a full-time student bility. during a period of non-attendance. 216.24 Relinquishment of rights to return to work. Subpart I—Parent’s Annuity

Subpart D—Employee Annuity 216.80 General. 216.30 General. 216.81 Who is eligible for a parent’s annuity. 216.31 Who is eligible for an age annuity. 216.82 What is required for payment. 216.32 Who is eligible for a disability annu- ity. Subpart J—Eligibility for More Than One 216.33 What is required for payment of an Annuity age or disability annuity. 216.90 General. Subpart E—Supplemental Annuity 216.91 Entitlement as an employee and spouse, divorced spouse, or survivor. 216.40 General. 216.92 Entitlement as a spouse or divorced 216.41 Who is entitled to a supplemental an- spouse and as a survivor. nuity. 216.93 Entitlement to more than one sur- 216.42 How a private railroad pension affects vivor annuity. a supplemental annuity. 216.43 Effect of a supplemental annuity on 216.94 Entitlement to more than one di- other benefits. vorced spouse annuity. AUTHORITY: 45 U.S.C. 231f. Subpart F—Spouse and Divorced Spouse Annuities SOURCE: 56 FR 28692, June 24, 1991, unless otherwise noted. 216.50 General.

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Subpart A—General Employer means a company, indi- vidual, or other entity determined to § 216.1 Introduction. be a covered employer under the Rail- This part explains when an individual road Retirement Act as provided by is eligible for a monthly annuity under part 202 of this chapter. the Railroad Retirement Act. An indi- Entitled means that an individual has vidual eligible for an annuity as de- applied for and has established his or scribed in this part may become enti- her rights to benefits. tled to an annuity only in such amount Railroad Retirement Act means the as set forth in parts 225 through 229 of Railroad Retirement Act of 1974, as this chapter amended. (a) Regular annuity. A regular month- Re-entitled annuity means an annuity ly annuity is provided for: to which an individual becomes enti- (1) An employee who retires because tled after an earlier-awarded annuity of age or disability; has been terminated. A re-entitled an- (2) An employee’s spouse or divorced nuity is usually awarded on the basis spouse; or of different factors of eligibility from (3) The widow, widower, child, par- the initial annuity, and may be award- ent, remarried widow or widower, or ed without the filing of another appli- surviving divorced spouse of an em- cation. ployee. Retirement age means, with respect to (b) Supplemental annuity. An em- an employee who attains age 62 before ployee who retires because of age or January 1, 2000 (age 60 in the case of a disability may also be entitled to a widow(er), remarried widow(er) or sur- supplemental annuity. viving divorced spouse) age 65. For an employee who attains age 62 (or age 60 § 216.2 Definitions. in the case of a widow(er), remarried Except as otherwise expressly noted, widow(er), or surviving divorced as used in this part— spouse) after December 31, 1999, retire- Age means an individual’s age on the ment age means the age provided for in day preceding the anniversary date of section 216(1) of the Social Security his or her birth. Act. Annuity means a payment due an en- Social Security Act means the Social titled individual for a calendar month Security Act as amended. and made to him or her on the first day Tier I benefit means the benefit com- of the following month. ponent calculated using Social Secu- Apply means to sign a form or state- rity Act formulas and based upon earn- ment that the Railroad Retirement ings covered under both the Railroad Board accepts as an application for Retirement Act and the Social Secu- benefits under the rules set out in part rity Act. 217 of this chapter. Tier II benefit means the benefit com- Attainment of age means that an indi- ponent calculated under a formula vidual attains a given age on the first found in the Railroad Retirement Act moment of the day preceding the anni- and based only upon earnings and serv- versary date of his or her birth cor- ice in the railroad industry. responding to such numerical age. Year of service means 12 calendar Board means the Railroad Retire- months, consecutive or otherwise, of ment Board. service creditable to an employee as Claimant means an individual who described in part 210 of this chapter. files an annuity application or for whom an annuity application is filed. § 216.3 Other regulations related to Eligible means that an individual this part. meets all the requirements for pay- This part is related to a number of ment of an annuity but has not yet ap- other parts. Part 217 of this chapter de- plied for one. scribes how to apply for an annuity. Employee means an individual who is Part 218 indicates when annuities begin or has been in the service of an em- and when they terminate. Part 219 sets ployer as here defined. out what evidence is necessary to prove

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eligibility. Where eligibility for an an- § 216.13 Regular current connection nuity is based upon a family relation- test. ship to an employee (for example, a An employee has a current connec- widow’s annuity), the definition of tion with the railroad industry if he or such family relationship may be found she meets one of the following require- in part 222 of this chapter. Part 225 of ments: this chapter describes the computation (a) The employee has creditable rail- of the primary insurance amount. road service in at least 12 of the 30 con- secutive months immediately pre- Subpart B—Current Connection ceding the earlier of: With the Railroad Industry (1) The month his or her annuity be- gins; or § 216.11 General. (2) The month he or she dies. A current connection with the rail- (b) The employee has creditable rail- road industry is required to qualify for road service in at least 12 months in a certain types of railroad retirement period of 30 consecutive months and benefits. The existence of a current does not work in any regular non-rail- connection is clear in most cases where road employment in the interval be- entitlement or death immediately fol- tween the month the 30-month period lows continuous years of railroad em- ends and the earlier of: ployment. However, there are cases in (1) The month his or her annuity be- which the employee did not work for a gins; or railroad employer for a period of time (2) The month he or she dies. before entitlement or death. In these situations, special tests are applied to § 216.14 Regular non-railroad employ- determine whether the employee can ment that will not break a current connection. be considered to have a current connec- tion with the railroad industry for the Regular non-railroad employment purpose of determining his or her eligi- will not break an employee’s current bility for an annuity or other benefits. connection if it is performed during the 30-month period described in § 216.13(b), § 216.12 When current connection is in or after the month the annuity be- required. gins, or in the month the employee (a) A current connection is required dies. to qualify an individual for the fol- § 216.15 Special current connection lowing types of railroad retirement test. benefits: (a) For survivor annuities. An em- (1) An employee occupational dis- ployee who does not have a current ability annuity as described in subpart connection under the regular test has a D of this part; current connection only to qualify an (2) A supplemental annuity as de- individual for a survivor annuity if: scribed in subpart E of this part; (1) The employee would not be fully (3) An employee vested dual benefit or currently insured under section 214 in certain cases; of the Social Security Act if his or her (4) A survivor annuity as described in railroad compensation after 1936 were subparts G, H, and I of this part; and treated as social security earnings; (5) A lump-sum death payment as de- (2) The employee has no quarters of scribed in part 234 of this chapter. coverage as defined in section 213 of the (b) A current connection which was Social Security Act; or established when an employee’s annu- (3) The employee received a pension ity began is effective for: or a retirement annuity that began be- (1) Any annuity under this part for fore 1948 based on at least 114 months which the employee later becomes eli- of service. gible; and (b) For survivor and supplemental an- (2) Any survivor annuity under this nuities. An employee who does not have part or a lump-sum death payment a current connection under the regular under part 234 of this chapter. test has a current connection in order

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to pay a supplemental or survivor an- date must be made. This test is made nuity if he or she meets all of the fol- using the rules contained in §§ 216.13 lowing requirements: and 216.17. (1) Has been credited with at least 25 years of railroad service; § 216.16 What is regular non-railroad (2) Stopped working in the railroad employment. industry ‘‘involuntarily and without (a) Regular non-railroad employment fault’’ on or after October 1, 1975, or is full or part-time employment for was on furlough, leave of absence or ab- pay. sent for injury on that date; (b) Regular non-railroad employment (3) Did not decline an offer of em- does not include any of the following: ployment in the same ‘‘class or craft’’ (1) Self-employment; as his or her most recent railroad serv- (2) Temporary work provided as relief ice; and by an agency of a Federal, State, or (4) Was alive on October 1, 1981. local government; (c) ‘‘Involuntarily and without fault’’ (3) Service inside or outside the defined. An employee is considered to United States for an employer under have stopped railroad employment in- the Railroad Retirement Act, even if voluntarily and without fault if: the employer does not conduct the (1) The employee loses his or her job; main part of its business in the United (2) The employee could not, through States; the exercise of seniority rights, remain (4) Involuntary military service not in railroad service in the same class or creditable under the Railroad Retire- craft as his or her most recent railroad ment Act; service, regardless of the location (5) Employment with the following where that service would be performed; agencies of the United States Govern- and ment: (3) The employee did not lose his or (i) Department of Transportation; her job because of poor job perform- (ii) Interstate Commerce Commis- ance, misconduct, medical reasons or sion; other action or inaction on the part of (iii) National Mediation Board; the employee. (iv) Railroad Retirement Board; (d) Effect of separation allowance. An (v) National Transportation Safety employee who accepts a separation al- Board; or lowance and in so doing relinquishes his or her seniority rights to railroad (vi) Surface Transportation Board. employment is deemed to have volun- (6) Employment entered into after tarily terminated his or her railroad early retirement by an employee who service. However, if the employee is receiving an annuity under Conrail’s stopped railroad employment involun- voluntary annuity program. This pro- tarily and without fault, as defined in gram is provided under the Staggers paragraph (c) of this section, receipt of Rail Act of 1980 (Pub. L. 96–448); or a separation allowance will not affect a (7) Employment with the Alaska current connection under paragraph (b) Railroad so long as it is an instrumen- of this section. tality of the State of Alaska. (e) ‘‘Class or craft’’ defined. The [56 FR 28692, June 24, 1991, as amended at 62 terms‘‘class or craft,’’ as used in this FR 11324, Mar. 12, 1997] section, have the same meaning as they do generally in the railroad indus- § 216.17 What amount of regular non- try. railroad employment will break a (f) For supplemental annuities only. An current connection. additional special current connection The amount of regular non-railroad test is required for an individual who employment needed to break a current was receiving a disability annuity connection depends on when the appli- which terminated due to the individ- cable 30-month period ends (see § 216.13 ual’s recovery from disability. If the of this part), as follows: individual becomes entitled to a new (a) If the 30-month period ends in the annuity, a new current connection test calendar year before or in the same cal- based on the new annuity beginning endar year as the annuity begins or the

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month the employee dies, the current (b) Work for last non-railroad employer. connection is broken if the employee: Work for pay in the service of the last (1) Works in each month in the inter- non-railroad employer by whom an in- val after the end of the 30-month period dividual is employed will reduce the and before the earlier of the month the amount of the tier II benefit of the em- annuity begins or the employee dies; or ployee, spouse and supplemental annu- (2) Works and earns at least $200 in ity as provided in part 230 of this chap- wages in any 3 months within the in- ter. An individual’s last non-railroad terval described in paragraph (a)(1) of employer is: this section. (1) Any non-railroad employer from (b) If the 30-month period ends more whom the individual last resigned (in than a year before the calendar year in point of time) in order to receive an an- which the annuity begins or the em- nuity; and ployee dies, the current connection is (2) Any additional non-railroad em- broken if the employee: ployer from whom the individual re- (1) Works in any 2 consecutive years signed in order to have an annuity be- wholly or partially within the interval come payable. Employment which an after the end of the 30-month period individual stops within 6 months of the and before the month the annuity be- date on which the individual files for gins or the employee dies, whichever is an annuity will be presumed in the ab- earlier; and sence of evidence to the contrary to be (2) Earns at least $1,000 in wages in service from which the individual re- any year wholly or partially within the signed in order to receive an annuity. interval described in paragraph (b)(1) of (c) Corporate officers. An officer of a this section (but not counting earnings corporation will be considered to be an during the 30-month period and after employee of the corporation. A director the annuity beginning date), even if of a corporation acting solely in his or that year is not one of the 2 consecu- her capacity as such director is not an tive years described in paragraph (b)(1) employee of the corporation. of this section. § 216.23 Work which does not affect Subpart C—Railroad and Last eligibility. Non-Railroad Employment An individual may engage in any of the following without adversely affect- § 216.21 General. ing his or her annuity: To be eligible for an employee, a (a) Work for a railway labor organiza- spouse, or a divorced spouse annuity, tion. An individual may work for a the Railroad Retirement Act requires local lodge or division of a railway that an applicant must stop work for labor organization if the pay is under pay performed as an employee for a $25 a month, unless the work performed railroad employer. In addition, no em- is solely for the purpose of collecting ployee, spouse or divorced spouse annu- insurance premiums. ity may be paid for any month in (b) Work without pay. Work performed which the employee, spouse or divorced for any person or entity for which no spouse annuitant works for pay for any pay is received, or where the pay mere- railroad employer after the date his or ly constitutes reimbursement for out- her annuity began. No annuity may be of-pocket expenses, or where the paid to a widow or widower, surviving amount received consists only of free divorced spouse, remarried widow or will donations and there is no agree- widower, child, or parent for any ment that such donation shall con- month such individual works for pay stitute remuneration for services, does for a railroad employer. not affect entitlement to an annuity. (c) Self-employment. Self-employment § 216.22 Work as an employee which is work performed in an individual’s affects payment. own business, trade or profession as an (a) Work for a railroad employer. Work independent contractor, rather than as for pay as an employee of a railroad an employee. An individual is not self- employer always prevents payment of employed if the business is incor- an annuity. porated. The designation or description

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of the relationship between the indi- (4) Services rendered personally. A re- vidual and another person as anything quirement that an individual person- other than that of an employer and em- ally work for the employer indicates ployee is immaterial. If the Board de- that the employer is interested in the termines that an employer-employee methods as well as the results, and relationship exists, the fact that the that the employer intends to control employee is designated as a partner, the result by controlling who does the coadventurer, agent, independent con- work. tractor, or the like will be disregarded. (5) Hiring, supervising, and payment of An individual determined to be an em- assistants. An employer generally hires, ployee of a railroad employer pursuant supervises, and pays assistants. An in- to part 203 of this chapter is not self- dividual who hires, supervises, and employed. Whether an individual per- pays other workers at the direction of forming services is an employee de- the employer may be an employee act- pends upon the degree to which the re- ing as a representative of the em- cipient of services controls the individ- ployer. However, if an individual hires, ual’s work. Control is determined in supervises, and pays his or her own as- accordance with general legal prin- sistants pursuant to a contract under ciples delineating an employer-em- which the individual agrees to provide ployee relationship. Among the factors materials and labor and under which considered are: the individual is responsible only for (1) Instructions. An individual re- the attainment of a result, this factor quired to comply with instructions indicates an independent contractor about when, where, and how to work is status. ordinarily an employee. Instructions (6) Continuing work relationship. A may be oral or in the form of manuals work relationship between an indi- or written procedures which show how vidual and an employer which con- the desired result is to be accom- tinues over time indicates that the in- plished. An individual who ordinarily dividual is an employee. A relationship works without receiving instructions may continue if the individual works because he or she is highly skilled or at frequently recurring, though some- knowledgeable may nevertheless be an what irregular intervals, either on call employee if the employer has a right to of the employer or when work is avail- instruct the individual in performance able. of the work. (7) Set hours of work. A requirement (2) Training. Training provided an in- that an individual work for an em- dividual by an employer indicates that ployer during a specified period of the the employer wants the work to be per- day, week, month or year, or for a formed in a particular method or man- specified number of hours daily indi- ner, especially if the training is given cates that the individual is an em- periodically or at frequent intervals. ployee. An individual whose occupation An individual may be trained by an ex- renders fixed hours impractical may be perienced employee working with him an employee if required by the em- or her, by correspondence, by required ployer to work at certain times. attendance at meetings, or by other (8) Full time required. A requirement methods. that an individual devote full time to (3) Integration into the employer’s busi- the employer’s business indicates that ness. Integration of an individual’s the individual is an employee. What services into the business operations of full time means may vary with the in- an employer generally shows that the tent of the parties, the nature of the individual is subject to direction and occupation, and customs in the local- control. When the success or continu- ity. Full-time work may be required in- ation of a business depends to an appre- directly even though not specified in ciable degree upon the performance of writing or orally. An individual re- certain services, the individuals who quired to produce a minimum volume perform those services must nec- of business for an employer may be essarily be subject to a certain amount compelled to devote full time to pro- of control by the owner of the business. ducing the work. Prohibiting work for

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any other employer may require an in- vidual is self-employed. The lump sum dividual to work full time to earn a liv- may be computed by the number of ing However, part-time work performed hours required to do the job at a fixed on a regular basis, or on call of the em- hourly rate, or by weekly or monthly ployer, or when work is available, may installments toward a lump sum agreed also render an individual an employee. upon in advance as the total cost. Pay- (9) Working on employer’s premises. ment made on a straight commission Working on the employer’s premises basis generally indicates that the may indicate that an individual is an worker is an independent contractor. employee where by nature the work (13) Payment of business and/or trav- could be done elsewhere, because the eling expenses. Payment by the em- employer’s place of business is phys- ployer of expenses which an individual ically within the employer’s direction incurs in connection with the employ- and supervision. Desk space, telephone, er’s business indicates that the indi- and stenographic services provided by vidual is an employee. an employer place the worker within (14) Furnishing of tools and materials. the employer’s direction and super- The fact that the person or persons for vision unless the worker has the option whom the services are performed fur- not to use these facilities. Work done nish significant tools, materials, and off the employer’s premises does not by other equipment tends to show the ex- itself indicate that the worker is not istence of an employer-employee rela- an employee because some occupations tionship. require that work be performed away (15) Investment in facilities. If the from the premises of the employer. worker invests in facilities which are Control over the place of work is indi- used by the worker in performing serv- cated when the person or persons for ices and which are not typically main- whom the services are performed have tained by employees, such as an office the right to compel the worker to trav- rented by the worker from a party un- el a designated route, to canvass a ter- related to the worker or to the em- ritory within a certain time, or to work at specific places as required. ployer, this factor tends to indicate that the worker is an independent con- (10) Order or sequence set. Performing tasks in the order or sequence set by tractor. On the other hand, if all facili- the employer indicates that the worker ties necessary to the work which an in- is an employee. Often, because of the dividual performs are furnished with- nature of an occupation, the person or out charge by the employer, this factor persons for whom the services are per- indicates the existence of an employer- formed do not set the order of the serv- employee relationship. Facilities in- ices or set the order infrequently. It is clude equipment or premises necessary sufficient to show control, however, if for the work, other than items such as such person or persons retain the right tools, instruments, and clothing which to do so. may be commonly provided by an em- ployee in a particular trade. (11) Oral or written reports. Regular oral or written reports submitted to (16) Realization of profit or loss. An in- the employer indicate that the worker dividual not in a position to realize a is an employee, compelled to account profit or suffer a loss as a result of to the employer for his or her actions. work performed for an employer is an (12) Payment by hour, week, month. employee. An individual has an oppor- Payment at a fixed rate per hour, tunity for profit or loss if he or she: week, or month indicates that an indi- (i) Hires, directs, and pays assistants; vidual is an employee. Payment by (ii) Has his or her own office, equip- commission with a guaranteed min- ment, materials, or other facilities for imum salary, or by a drawing account doing the work; at stated intervals with no require- (iii) Has continuing and recurring li- ment to repay amounts which exceed abilities or obligations, and success or the individual’s earnings, also indi- failure depends on the relation of re- cates that an individual is an em- ceipts to expenditures; or ployee. Payment in a lump sum for a (iv) Agrees to perform specific jobs completed job indicates that an indi- for prices agreed upon in advance and

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pays expenses incurred in connection rights to return to work for any rail- with the work. road employer. (17) Working for more than one firm at (b) When right to return to work is a time. If a worker performs more than ended. An individual’s right to return de minimis services for a number of un- to work for a railroad employer is related persons or firms at the same ended whenever any of the following time, this factor generally indicates events occur: that the worker is an independent con- (1) The employer reports to the Board tractor. However, a worker who per- that the individual no longer has the forms services for more than one per- right; son may be an employee of each of the (2) The individual or an authorized persons, especially where such persons agent of that individual gives the em- are part of the same service arrange- ployer an oral or written notice of the ment. individual’s wish to give up that right (18) Making service available to the gen- and: eral public. The fact that an individual (i) The individual certifies to the makes his or her services available to Board that the right has been given up; the general public on a regular and (ii) The Board notifies the employer consistent basis rather than to one em- of the individual’s certification; and ployer indicates that the individual is (iii) The employer either confirms self-employed rather than an employee the individual’s right has been given up of any one firm. An individual may or fails to reply within 10 days fol- make services available to the public lowing the day the Board mailed the by working from his or her own office notice to the employer; with assistants, from his or her own (3) An event occurs which under the home, by holding business licenses, by established rules or practices of the a listing in a business directory, or by employer automatically ends that advertising. right; (19) Employer’s right to discharge. The (4) The employer or the individual or right to discharge a worker is a factor both take an action which clearly and which indicates that the worker is an positively ends that right; employee and the person who possesses (5) The individual never had that the right is an employer. An employer right and permanently stops working; exercises control through the threat of (6) The Board gives up that right for dismissal, which causes the worker to the individual, having been authorized obey the employer’s instructions. An to do so by the individual; employer’s right to discharge exists (7) The individual dies; or even if it is restricted due to a collec- (8) The individual signs a statement tive bargaining agreement. An em- that he or she gives up all rights to re- ployer ordinarily cannot end a rela- turn to work in order to receive a sepa- tionship without incurring liability ration allowance or severance pay. with a self-employed individual who (The information collection requirements meets contract specifications. contained in paragraph (b) were approved by (20) Employee’s right to terminate. The the Office of Management and Budget under fact that an individual has the right to control number 3220–0016) end his or her relationship with an em- ployer at any time without incurring Subpart D—Employee Annuity liability for work to be performed indi- cates that the individual is an em- § 216.30 General. ployee. A self-employed individual is The Railroad Retirement Act pro- legally obligated to satisfactorily com- vides annuities for employees who have plete a specific job. reached a specified age and have been credited with a specified number of § 216.24 Relinquishment of rights to years of service. The Act also provides return to work. annuities for employees who become (a) What return to work rights must be disabled. In addition, to be eligible for given up. Before an individual may re- an annuity an employee must comply ceive an annuity based on age, he or with the work restrictions outlined in she must give up any seniority or other subpart C of this part.

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§ 216.31 Who is eligible for an age an- railroad occupation may receive an an- nuity. nuity if his or her disability prevents The Railroad Retirement Act pro- work in any regular employment. vides annuities based on the employ- (a) Disability for work in regular rail- ee’s age for employees who have been road occupation. An employee disabled credited with at least 10 years of rail- for work in his or her regular occupa- road service. tion, as defined in part 220 of this chap- (a) Annuities based on 10 years of serv- ter, is eligible for a disability annuity ice. An employee with 10 years of rail- if he or she: road service but less than 30 years of (1) Has not attained retirement age; service is eligible for an annuity if he and or she: (2) Has a current connection with the (1) Has attained retirement age; or railroad industry; and has either: (2) Has attained age 62 (the annuity (3) Completed 20 years of service; or cannot begin prior to the first full (4) Completed 10 years of service and month during which the employee is is at least 60 years old. age 62) but is less than retirement age. All components of the annuity are re- (b) Disabled for work in any regular duced for each month the employee is employment. An employee disabled for under retirement age when the annuity work in any regular employment, as begins. defined in part 220 of this chapter, is el- (b) Annuities based on 30 years of serv- igible for a disability annuity if he or ice. An employee who has been credited she: with 30 years of railroad service is eli- (1) Is under retirement age; and gible for an annuity at age 60 (the an- (2) Has completed 10 years of service. nuity cannot begin prior to the first full month the employee is age 60). The § 216.33 What is required for payment Tier I component of the annuity is re- of an age or disability annuity. duced if the employee meets the fol- In addition to the eligibility require- lowing conditions: ments listed above, an employee may (1) The employee annuity begins be- be required to meet other conditions fore the month in which the employee before payment of his or her annuity is age 62; and either may begin. (2) He or she had not attained age 60, (a) To receive payment of an em- prior to July 1, 1984; or ployee annuity based on age, an eligi- (3) He or she had not completed 30 ble employee must: years of railroad service prior to July (1) Apply to be entitled to an annu- 1, 1984. ity; and (c) Change from employee disability to (2) Give up the right to return to age annuity. A disability annuity paid service with his or her last railroad to an employee through the end of the employer. month before the month in which the employee attains retirement age is (b) If a disability annuity is con- converted to an age annuity beginning verted to an age annuity when the an- with the month in which he or she at- nuitant attains retirement age, the age tains retirement age. annuity cannot be paid until the em- ployee gives up the right to return to § 216.32 Who is eligible for a disability work as described in subpart C of this annuity. part. The employee may authorize the The Railroad Retirement Act pro- Board to relinquish any such right on vides two types of disability annuities his or her behalf at the time when he for employees who have been credited or she applies for the disability annu- with at least 10 years of railroad serv- ity. ice. An employee may receive an annu- (c) To receive payment of an em- ity if his or her disability prevents ployee annuity based on disability, and work in his or her regular railroad oc- eligible employee must apply to be en- cupation. An employee who cannot be titled to an annuity. considered for a disability based on (d) When requested, the employee ability to work in his or her regular must submit evidence to support his or

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her application, such as proof of age or (2) Is established and maintained by evidence of disability. an employer for a defined group of em- (The information collection requirements ployees; and contained in this section were approved by (3) Provides for the payment of defi- the Office of Management and Budget under nitely determinable benefits to em- control number 3220–0002) ployees over a period of years, usually for life, after retirement or disability. Subpart E—Supplemental Annuity Such a plan is sometimes referred to as a defined benefit plan. § 216.40 General. (b) Defined contribution plan. A plan An employee with a current connec- under which the employer is obligated tion with the railroad industry at the to make fixed contributions to the plan time of retirement may qualify for a regardless of profits (sometimes known supplemental annuity in addition to as a money purchase plan) is a private the regular employee annuity. Supple- pension plan. A plan under which the mental annuities are paid from a sepa- employer’s contributions are discre- rate account funded by employer taxes tionary is not a private pension plan in addition to those assessed for reg- under this section. ular annuities. The Board reduces a (c) Other than retirement benefits. A supplemental annuity if the employee plan which provides benefits not cus- receives a private pension based on tomarily considered retirement bene- contributions from a railroad em- fits (such as unemployment benefits, ployer. sickness or hospitalization benefits) is not a private pension plan under this § 216.41 Who is entitled to a supple- mental annuity. section. (d) Effective date of private railroad An employee is entitled to a supple- pension for supplemental annuity pur- mental annuity if he or she: poses. A private pension reduces a sup- (a) Has been credited with railroad plemental annuity payment effective service in at least one month before on the first day of the month after the October 1981; month the Board determines that it is (b) Is entitled to the payment of an a private pension as defined in para- employee annuity awarded after June graph (a) of this section. 30, 1966; (c) Has a current connection with the (e) Effect of private railroad pension. A railroad industry when the employee supplemental annuity is reduced by the annuity begins; amount of any private pension the em- (d) Has given up the right to return ployee is receiving which is attrib- to work as shown in subpart C of this utable to an employer’s contributions, part; and either less any amount by which the private (e) Is age 65 or older and has com- pension is reduced because of the sup- pleted 25 years of service; or plemental annuity. The supplemental (f) Is age 60 or older and under age 65, annuity is not reduced for the amount has completed 30 years of service, and of a private pension attributable to the is awarded an annuity on or after July employee’s contributions. The Board 1, 1974. will determine the amount of a private pension for any month which is attrib- § 216.42 How a private railroad pen- utable to the employee’s contributions. sion affects a supplemental annuity. (a) What is a private railroad pension. § 216.43 Effect of a supplemental annu- The Board determines whether a pen- ity on other benefits. sion established by a railroad employer (a) Employee annuity. A supplemental is a private pension that will cause a annuity that begins after December 31, reduction in the employee’s supple- 1974, does not affect the payment of a mental annuity. A private pension for regular employee annuity. A supple- purposes of this subpart is a plan that: mental annuity beginning prior to 1975 (1) Is a written plan or arrangement causes a reduction in the employee an- which is communicated to the employ- nuity as provided by section 3(j) of the ees to whom it applies; Railroad Retirement Act of 1937.

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(b) Spouse or survivor annuity. The has attained age 62, the spouse must payment of a supplemental annuity be: does not affect the amount of a spouse (1) Retirement age or older; or survivor annuity. (2) Less than retirement age and have (c) Residual lump-sum. The amount of in his or her care a disabled child or a a supplemental annuity is not deducted minor child (a child under 18 years old from the gross residual lump-sum ben- if the spouse claimant is a wife, or efit. See part 234 of this chapter for an under 16 years old if the spouse claim- explanation of the residual lump-sum ant is a husband) of the employee; or benefit. (3) Age 62 or older but under retire- ment age. In such case, all annuity Subpart F—Spouse and Divorced components are reduced for each Spouse Annuities month the spouse is under retirement age at the time the annuity begins. § 216.50 General. (d) Where the employee’s annuity The Railroad Retirement Act pro- began after June 30, 1974, the employee vides annuities for the spouse, and di- has completed 30 years of railroad serv- vorced spouse, of an employee who is ice, and is age 60 or older, the spouse entitled to an employee annuity. A must be: spouse may receive an annuity based (1) Age 60 or older; on age, or on having a child of the em- (2) Less than age 60 and have in his or ployee in his or her care. A divorced her care a disabled child or a minor spouse may only receive an annuity child (a child under 18 years old if the based on age. No spouse or divorced spouse claimant is a wife, or under 16 spouse annuity may be paid based upon years old if the spouse claimant is a disability. husband) of the employee; or (3) Age 60 but less than retirement § 216.51 Who is eligible for a spouse age. In such case, the tier I component annuity. is reduced if the following conditions (a) To be eligible for an annuity, a are met: spouse must: (i) The employee was under age 62 at (1) Be the husband or wife, as defined the time his or her annuity began; in part 222 of this chapter, of an em- (ii) The employee annuity began ployee who is entitled to an annuity after June 30, 1984; described under subpart D of this part; (iii) The employee was under age 60 and on June 30, 1984 or completed 30 years (2) Stop working for any railroad em- of railroad service after June 30, 1984; ployer. and (b) Where the employee’s annuity (iv) The spouse annuity begins after began before January 1, 1975, the em- June 30, 1984. ployee has completed less than 30 years of railroad service, and is age 65 or § 216.52 Who is eligible for an annuity older, the spouse must be: as a divorced spouse. (1) Age 65 or older; To be eligible for a divorced spouse (2) Less than age 65 and have in his or annuity, the employee annuitant must her care a disabled child or minor child be at least age 62 and the divorced (a child under 18 years old if the spouse spouse (see § 222.22 of this chapter) claimant is a wife, or under 16 years must: old if the spouse claimant is a husband) (a) Be the divorced wife or husband of of the employee; or an employee; (3) Age 62 or older but under age 65. (b) Stop work for a railroad em- In such case, all annuity components ployer; are reduced for each month the spouse (c) Not be entitled to an old-age or is under age 65 at the time the annuity disability benefit under the Social Se- begins. curity Act based on a primary insur- (c) Where the employee’s annuity be- ance amount that is equal to or greater gins after December 31, 1974, the em- than one-half of the employee’s tier I ployee has completed 10 years but less primary insurance amount; and either than 30 years of railroad service, and (d) Have attained retirement age; or

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(e) Have attained age 62 but be under § 216.61 Who is eligible for an annuity retirement age. The annuity is reduced as a widow(er). for each month the spouse is under re- (a) A widow(er) of an employee who tirement age at the time the annuity has completed 10 years of railroad serv- begins. ice and had a current connection with the railroad industry at death is eligi- § 216.53 What is required for payment. ble for an annuity if he or she: An eligible spouse or divorced spouse (1) Has not remarried; and either must: (2) Has attained retirement age; (a) Apply to be entitled to an annu- (3) Is at least 50 but less than 60 years ity; and of age and became disabled as defined (b) Give up the right to return to in part 220 of this chapter before the work for a railroad employer. end of the period described in § 216.68 (this results in a reduced annuity); (Approved by the Office of Management and (4) Is less than retirement age but Budget under control number 3220–0016 and has in his or her care a child who ei- 3220–0042) ther is under age 18 (16 with respect to the tier I component) or is disabled and § 216.54 Who is an employee’s wife or who is entitled to an annuity under husband. subpart H of this part; or An employee’s wife or husband is an (5) Is at least 60 years of age but has individual who— not attained retirement age. (In this (a) Is married to the employee; and case, all components of the annuity are (b) Has been married to the employee reduced for each month the widow(er) for at least one year immediately be- is age 62 or over but under retirement fore the date the spouse applied for an- age when the annuity begins. For each nuity; month the widow(er) is at least age 60 (c) Is the natural parent of the em- but under age 62, all components of the ployee’s child; annuity are reduced as if the widow(er) were age 62). (d) Was entitled to an annuity as a widow(er), a parent, or a disabled child § 216.62 Who is eligible for an annuity under this part in the month before he as a surviving divorced spouse. or she married the employee; or (a) A surviving divorced spouse of an (e) Could have been entitled to a ben- employee who completed 10 years of efit listed in paragraph (d) of this sec- railroad service and had a current con- tion, if the spouse had applied and been nection with the railroad industry at old enough in the month before he or death, is eligible for an annuity if he or she married the employee. she: (1) Is unmarried; Subpart G—Widow(er), Surviving (2) Is not entitled to an old-age ben- Divorced Spouse, and Remar- efit under the Social Security Act that ried Widow(er) Annuities is equal to or higher than the surviving divorced spouse’s annuity before any § 216.60 General. reduction for age; and either (3) Has attained retirement age; The Railroad Retirement Act pro- (4) Is at least 50 years of age but less vides annuities for the widow(er), sur- than retirement age and is disabled as viving divorced spouse, or remarried defined in part 220 of this chapter be- widow(er) of an employee. The de- fore the end of the period described in ceased employee must have completed § 216.68 (this results in a reduced annu- 10 years of railroad service and have ity.); had a current connection with the rail- (5) Is less than retirement age but road industry at the time of his or her has in his or her care a child who ei- death. A widow(er), surviving divorced ther is under age 16 or is disabled and spouse, or remarried widow(er) may re- who is entitled to an annuity under ceive an annuity based on age, on dis- subpart H of this part; or ability, or on having a child of the em- (6) Is at least 60 years of age but has ployee in his or her care. not attained retirement age. In this

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case, the annuity is reduced for each (2) Is entitled to an annuity based month the surviving spouse is under re- upon having a child of the employee in tirement age when the annuity begins. his or her care and marries an indi- (b) A disabled surviving spouse’s an- vidual entitled to a retirement, dis- nuity is converted to an annuity based ability, widow(er)’s, mother’s, father’s, on age beginning the month he or she parent’s, or disabled child’s benefit becomes 60 years old. The annuity rate under the Railroad Retirement Act or does not change. Social Security Act. (c) If a surviving divorced spouse marries after attaining age 60 (or age § 216.64 What is required for payment. 50 if he or she is a disabled surviving An eligible widow(er), surviving di- divorced spouse), such marriage shall vorced spouse, or remarried widow(er) be deemed not to have occurred. must: (a) Apply to be entitled for an annu- § 216.63 Who is eligible for an annuity ity; and as a remarried widow(er). (b) Submit evidence requested by the (a) A widow(er) of an employee who Board to support his or her application. completed 10 years of railroad service (Approved by the Office of Management and and had a current connection with the Budget under control number 3220–0030) railroad industry at death is eligible for an annuity as a remarried § 216.65 Who is an employee’s widow(er) if he or she: widow(er). (1) Remarried either: An individual who was married to the (i) After having attained age 60 (after employee at the employee’s death is age 50 if disabled); or the deceased employee’s widow(er) if he (ii) Before age 60 but the marriage or she: terminated; (a) Was married to the employee for (2) Is not entitled to an old-age ben- at least 9 months before the day the efit under the Social Security Act that employee died; is equal to or higher than the full (b) Is the natural parent of the em- amount of the remarried widow(er)’s ployee’s child; (c) Was married to the employee annuity before any reduction for age; when either the employee or the and widow(er) adopted the other’s child, or (3) Has attained retirement age; they both legally adopted a child who (4) Is at least 50 but less than 60 years was then under 18 years old; of age and is disabled as defined in part (d) Was married to the employee less 220 of this chapter before the end of the than 9 months before the employee period described in § 216.68 (this results died but, at the time of marriage, the in a reduced annuity); employee was reasonably expected to (5) Has not attained retirement age live for 9 months; and but has in his or her care a child who (1) The employee’s death was acci- either is under age 16 or is disabled, dental; and who is entitled to an annuity under (2) The employee died in the line of subpart H of this part; or duty while he or she was serving active (6) Is at least age 60 but has not at- duty as a member of armed forces of tained retirement age. (In this case, the United States; or the annuity is reduced for each month (3) The surviving spouse was pre- the remarried widow(er) is under re- viously married to the employee for at tirement age when the annuity begins.) least 9 months; (b) An individual entitled to a (e) Was entitled in the month before widow(er)’s annuity may be entitled to the month of marriage to either: an annuity as a remarried widow(er) if (1) A benefit under section 202 of the he or she: Social Security Act as a widow, wid- (1) Remarries after having attained ower, spouse (divorced spouse, sur- age 60 (after age 50 if he or she has been viving divorced spouse), father, moth- determined to be disabled prior to his er, parent, or disabled child; or or her remarriage) and is not a sur- (2) An annuity under the Railroad viving divorced spouse; or Retirement Act as a widow, widower,

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divorced spouse, or surviving divorced § 216.68 Disability period for spouse, parent or disabled child; or widow(er), surviving divorced (f) Could have been entitled to a ben- spouse, or remarried widow(er). efit listed in paragraph (e) of this sec- A widow(er), surviving divorced tion, if the widow(er) had applied and spouse, or remarried widow(er) who has been old enough to qualify therefor in a disability as defined in part 220 of the month before the month of mar- this chapter is eligible for an annuity riage. only if the disability began before the end of a period which: § 216.66 Who is an employee’s sur- (a) Begins in the later of: viving divorced spouse. (1) The month in which the employee An individual who was married to the died; employee is the deceased employee’s (2) The last month for which the surviving divorced spouse if he or she: widow(er) or surviving divorced spouse (a) Was married to the employee for was entitled to an annuity for having the employee’s child in care; or a period of at least 10 years imme- (3) The last month for which the diately before the date the divorce be- widow(er) or surviving divorced spouse came final, and applies for an annuity was entitled to a previous annuity based on age or disability; or based on disability; and (b) Applies for an annuity based on (b) Ends with the earlier of: having a ‘‘child in care’’ and either: (1) The month before the month in (1) Is the natural parent of the em- which the widow(er) or surviving di- ployee’s child; vorced spouse or remarried widow(er) (2) Was married to the employee at become 60 years old; or the time the employee or the surviving (2) The last day of the last month of divorced spouse adopted the other’s a 7-year period (84 consecutive months) child who was then under 18 years old; following the month in which the pe- or riod began. (3) Was married to the employee at the time they adopted a child who was Subpart H—Child’s Annuity then under 18 years old. § 216.70 General. § 216.67 ‘‘Child in care.’’ The Railroad Retirement Act pro- (a) Railroad Retirement Act. Part 222 of vides an annuity for the child of a de- this chapter sets forth what is required ceased employee but not for the child to establish that a child is in an indi- of a living employee. The Act does pro- vidual’s care for purposes of the Rail- vide that the child of a living employee road Retirement Act. This definition is can establish another individual’s eli- used to establish eligibility for the tier gibility for a spouse annuity or cause II component of a female spouse or an increase in the annuities of an em- widow(er) annuity under that Act. ployee and spouse. The eligibility re- Under this definition a child must be quirements described in this subpart under age 18 or under a disability be- also apply for the following purposes, except as otherwise indicated in this fore any benefit is payable based upon part: having the child in care. (a) To establish annuity eligibility (b) In order to es- Social Security Act. for a spouse under subpart F of this tablish eligibility for the tier I compo- part if he or she has the employee’s eli- nents of a spouse or widow(er) annuity, gible child in care; and eligibility for a surviving divorced (b) To establish annuity eligibility spouse annuity based upon having a for a widow(er), or surviving divorce child of the employee in care, the defi- spouse or remarried widow(er) under nition of ‘‘child in care’’ found in the subpart G of this part if he or she has Social Security Act is used. Under this the employee’s child in care; or definition, a child must be under age 16 (c) To provide an increase in the em- or under a disability. ployee’s annuity under the Social Se- curity Overall Minimum Guaranty (see

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part 229) by including the eligible through the time of application for child. benefits; or (c) The first month in which the indi- § 216.71 Who is eligible for a child’s an- vidual is under a disability that began nuity. before the last day of a 7-year period An individual is eligible for a child’s (84 consecutive months) following the annuity if the individual: month in which the previous child’s an- (a) Is a child of an employee who has nuity ended, or the individual was no completed 10 years of railroad service longer included as a disabled child in a and had a current connection with the railroad retirement annuity paid under railroad industry when he or she died; the Social Security Overall Minimum (b) Is not married at the time the ap- Annuity (see part 229). plication is filed; (c) Is dependent upon the employee § 216.74 When a child is a full-time ele- as defined in part 222 of this chapter; mentary or secondary school stu- and dent. (d) Meets one of the following at the (a) A child is a full-time elementary time the application is filed: or secondary school student if he or she (1) Is under age 18; or meets all of the following conditions: (2) Is age 18 or older and either: (1) The child is in full-time attend- (i) Is disabled as defined in part 220 of ance at an elementary or secondary this chapter before attaining age 22 school; or (the disability must continue through (2) The child is instructed in elemen- the time of application for benefits); tary or secondary education at home in (ii) Is under age 19 and is a full-time accordance with a home school law of student as defined in § 216.74 of this the State or other jurisdiction in which part; or the child resides; or (iii) Becomes age 19 in a month in (3) The child is in an independent which he or she is a full-time student study elementary or a secondary edu- and has not completed the requirement cation program administered by the for, or received a diploma or certificate local school, district, or jurisdiction, from, a secondary school. which is in accordance with the law of the State or other jurisdiction in which § 216.72 What is required for payment he or she resides. of a child’s annuity. (b) The child is in full-time attend- An eligible child of a deceased em- ance in a day or evening non-cor- ployee is entitled to an annuity upon respondence course of at least 13 weeks applying therefor and submitting any duration and he or she is carrying a evidence requested by the Board. subject load that is considered full- (Approved by the Office of Management and time for day students under the insti- Budget under control number 3220–0030) tution’s standards and practices. If he or she is in a home schooling program § 216.73 Who may be re-entitled to a as described in paragraph (a)(2) of this child’s annuity. section, he or she must be carrying a If an individual’s entitlement to a subject load that is considered full- child’s annuity has ended, the indi- time for day students under the stand- vidual may be re-entitled if he or she ards and practices set by the State or has not married and he or she applies other jurisdiction in which the student to be re-entitled. The re-entitlement resides. may begin with: (c) To be considered in full-time at- (a) The first month in which the indi- tendance, scheduled attendance must vidual is a full-time student if he or be at the rate of at least 20 hours per she is under age 19, or is age 19 and has week unless one of the exceptions in not completed requirements for, or re- paragraphs (c) (1) and (2) of this section ceived a diploma or certificate from, a applies. If the student is in an inde- secondary school; pendent study program as described in (b) The first month the individual is paragraph (a)(3) of this section, the disabled, if the disability began before number of hours spent in school at- he or she attained age 22 and continues tendance is determined by combining

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the number of hours of attendance at a § 216.75 When a child is a full-time stu- school facility with the agreed upon dent during a period of non-attend- number of hours spent in independent ance. study. The student may still be consid- A student who has been in full-time ered in full-time attendance if the attendance at an elementary or sec- scheduled rate of attendance is below ondary school is considered a full-time 20 hours per week if the Board finds student during a period of non-attend- that: ance (include part-time attendance) if: (1) The school attended does not (a) The period of non-attendance is 4 schedule at least 20 hours per week and consecutive months or less; going to that particular school is the (b) The student shows to the satisfac- student’s only reasonable alternative; tion of the Board that he or she intends or to return, or the student does return, (2) The student’s medical condition to full-time attendance at the end of prevents him or her from having sched- the period; and uled attendance of at least 20 hours per (c) The student has not been expelled week. To prove that the student’s med- or suspended from the school. ical condition prevents him or her from scheduling 20 hours per week, the Subpart I—Parent’s Annuity Board may request that the student provide appropriate medical evidence § 216.80 General. or a statement from the school; or (3) The student is not attending The Railroad Retirement Act pro- classes, but is graduating in that vides an annuity for the surviving par- month and classes ended the month be- ent of a deceased employee. The de- fore. ceased employee must have completed 10 years of railroad service and have (d) An individual is not a full-time had a current connection with the rail- student if, while attending an elemen- road industry at the time of his or her tary or secondary school, he or she is death. A parent may only receive an paid compensation by an employer who annuity based on age. has requested or required that the indi- vidual attend the school. An individual § 216.81 Who is eligible for a parent’s is not a full time student while he or annuity. she is confined in a penal institution or correctional facility because he or she (a) Where the employee is not sur- committed a felony after October 19, vived by a widow(er), or child who is or 1980. ever could be entitled to an annuity as described by subpart G or H of this (e) A student who reaches age 19 but part, a parent of the deceased employee has not completed the requirements for is eligible for both the tier I and tier II a secondary school diploma or certifi- components of an annuity if he or she: cate and who is a full-time elementary (1) Is age 60 or older; or secondary student, as defined in (2) Has not married since the em- paragraph (a) of this section, will con- ployee died; tinue to be eligible for benefits until the first day of the first month fol- (3) Received one-half of his or her lowing the end of the quarter or semes- support (as defined in part 222 of this ter in which he or she is then enrolled, chapter) from the employee at the time or if the school is not operated on a the employee died; and quarter or semester system, the earlier (4) Files proof of support as provided of: for in paragraphs (b)(4) and (b)(5) of this section. (1) The first day of the month fol- (b) Where the employee is survived lowing completion of the course(s) in by a widow(er), or child who is or ever which he or she was enrolled when age could be entitled to an annuity as de- 19 was reached; or scribed by subpart G or H of this part, (2) The first day of the third month a parent of the deceased employee is el- following the month in which he or she igible for an annuity consisting of the reached age 19. tier I component alone if he or she: [63 FR 17326, Apr. 9, 1998] (1) Is age 60 or older;

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(2) Has not married since the em- § 216.91 Entitlement as an employee ployee died; and spouse, divorced spouse, or sur- (3) Is not in receipt of an old age ben- vivor. efit under the Social Security Act (a) General. If an individual is enti- equal to or exceeding the amount of tled to an annuity as a spouse, divorced the parent’s tier I annuity amount be- spouse or survivor, and is also entitled fore it is reduced for the family max- to an employee annuity, then the imum but after the sole survivor min- spouse, divorced spouse or survivor an- imum is considered; nuity must be reduced by the amount (4) Received at least one-half of his or of the employee annuity. However, this her support (as defined in part 222 of reduction does not apply (except as this chapter) from the employee either: provided in paragraph (b) of this sec- (i) When the employee died, or tion) if the spouse, divorced spouse or (ii) At the beginning of the period of survivor or the individual upon whose disability if the employee has a period earnings record the spouse, divorced of disability (as explained in part 220 of spouse or survivor annuity is based this chapter) which did not end before worked for a railroad employer or as an death; and employee representative before Janu- (5) Files proof of support with the ary 1, 1975. Board within 2 years after either: (b) Tier I reduction. If an individual is (i) The month in which the employee entitled to an annuity as a spouse, di- filed an application for a period of dis- vorced spouse or survivor, and is also ability if support is to be established as entitled to an employee annuity, then of the beginning of the period of dis- the tier I component of the spouse, di- ability; or vorced spouse or survivor annuity must (ii) The date of the employee’s death be reduced by the amount of the tier I if support is to be established at that component of the employee annuity. point. Where the spouse or survivor is enti- (c) The Board may accept proof of tled to a tier II component, then a por- support filed after the 2-year period for tion of this reduction may be restored reasons which constitute good cause to in the computation of this component. do so as that term is defined in part 219 of this chapter. § 216.92 Entitlement as a spouse or di- vorced spouse and as a survivor. § 216.82 What is required for payment. If an individual is entitled to both a An eligible parent must file an appli- spouse or divorced spouse and survivor cation and submit the evidence re- annuity, only the larger annuity will quested by the Board to be entitled to be paid. However, if the individual so an annuity. chooses, he or she can receive the smaller annuity rather than the larger (Approved by the Office of Management and annuity. Budget under control number 3220–0030) § 216.93 Entitlement to more than one Subpart J—Eligibility for More Than survivor annuity. One Annuity If an individual is entitled to more than one survivor annuity, only the § 216.90 General. larger annuity will be paid. However, if An individual may meet the eligi- the individual so chooses, he or she can bility provisions for more than one an- receive the smaller annuity rather nuity described in this part. The Rail- than the larger annuity. road Retirement Act generally requires that the total amount of annuities oth- § 216.94 Entitlement to more than one erwise independently payable to one in- divorced spouse annuity. dividual must be reduced if that indi- If an individual is entitled to more vidual is entitled to multiple annu- than one annuity as a divorced spouse, ities. Entitlement as a survivor in- only the larger annuity will be paid. cludes entitlement as a widow(er), sur- However, if the individual so chooses, viving divorced spouse, remarried he or she can receive the smaller annu- widow(er), child, or parent. ity rather than the larger annuity.

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