Current through October 31, 2024
Section 218.12 - When a divorced spouse annuity begins(a) A divorced 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 first full month in which the employee annuitant is age 62 if the employee has not been granted a period of disability;(iv) The first day of the month in which the employee annuitant attains age 62 if the employee has been granted a period of disability; or(v) The first day of the month in which the final decree of divorce is effective.(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 attains full retirement age;(iii) The first day of the twelfth month before the month in which the application is filed if the employee is a disability annuitant or has been granted a period of disability; or(iv) The first day of the sixth full month before the month in which the application is filed if the employee is not entitled to a disability annuity or a period of disability.(3)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 the claimant is age 62 if the application is filed in or before that month; or(iii) The first day of the month in which the application is filed.54 FR 30725, July 24, 1989, as amended at 68 FR 39010 , July 1, 2003