---
kind: "section"
citation: "20 C.F.R. § 216.62"
title: "20"
number: "216.62"
heading: "Who is eligible for an annuity as a surviving divorced spouse."
url: "https://uscodex.org/cfr/20/216.62"
---

# §216.62. Who is eligible for an annuity as a surviving divorced spouse.

- (a) A surviving divorced spouse of an employee who completed 10 years of railroad service and had a current connection with the railroad industry at death, is eligible for an annuity if he or she:
  - (1) Is unmarried;
  - (2) Is not entitled to an old-age benefit under the Social Security Act that is equal to or higher than the surviving divorced spouse's annuity before any reduction for age; and either
  - (3) Has attained retirement age;
  - (4) Is at least 50 years of age but less than retirement age and is disabled as defined in [part 220](/cfr/20/part220.md) of this chapter before the end of the period described in [§ 216.68](/cfr/20/216.68.md) (this results in a reduced annuity.);
  - (5) Is less than retirement age but has in his or her care a child who either is under age 16 or is disabled and who is entitled to an annuity under [subpart H](/cfr/20/subpartH.md) of this part; or
  - (6) **Is at least 60 years of age but has not attained retirement age.** In this case, the annuity is reduced for each month the surviving spouse is under retirement age when the annuity begins.
- (b) A disabled surviving spouse's annuity is converted to an annuity based on age beginning the month he or she becomes 60 years old. The annuity rate does not change.
- (c) If a surviving divorced spouse marries after attaining age 60 (or age 50 if he or she is a disabled surviving divorced spouse), such marriage shall be deemed not to have occurred.

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 56 FR 28692, June 24, 1991, unless otherwise noted.