Current through October 31, 2024
Section 218.11 - When a spouse annuity begins(a) A spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law.(b)Earliest date permitted by law - (1)General rules. The earliest date permitted by law is the latest of- (i) The day after the day the claimant last worked for a railroad employer;(ii) The beginning date of the employee annuity;(iii) The first day of the month in which the claimant meets the marriage requirement as shown in part 216 of this chapter; or(iv) The first day of the month in which the employee annuitant meets the age requirement to qualify the claimant as shown in part 216 of this chapter.(2)Full-age annuity. The earliest date permitted by law is the latest of- (i) The month shown in paragraph (b)(1) of this section;(ii) The first day of the month in which the claimant meets the age requirement as shown in part 216 of this chapter; or(iii) The first day of the sixth month before the month in which the application is filed.(3)"Child in care" annuity. The earliest date permitted by law is the latest of-(i) The month shown in paragraph (b)(1) of this section;(ii) The first day of the month in which the claimant becomes eligible for a spouse annuity based on having a "child in care" as shown in part 216 of this chapter; or(iii) The first day of the sixth month before the month in which the application is filed.(4)Reduced-age annuity. The earliest date permitted by law is the latest of- (i) The month shown in paragraph (b)(1) of this section;(ii) The first day of the first full month in which the spouse is age 62 if the employee has less than 30 years of service;(iii) The first day of the month in which the spouse is age 60, if the employee has at least 30 years of service;(iv) The first day of the sixth month before the month in which the application is filed; or(v) The first day of the month in which the application is filed if beginning the annuity in an earlier month would increase the age reduction factor applied to the annuity.