---
kind: "section"
citation: "20 C.F.R. § 216.63"
title: "20"
number: "216.63"
heading: "Who is eligible for an annuity as a remarried widow(er)."
url: "https://uscodex.org/cfr/20/216.63"
---

# §216.63. Who is eligible for an annuity as a remarried widow(er).

- (a) A widow(er) 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 as a remarried widow(er) if he or she:
  - (1) **Remarried either—**
    - (i) After having attained age 60 (after age 50 if disabled); or
    - (ii) Before age 60 but the marriage terminated;
  - (2) Is not entitled to an old-age benefit under the Social Security Act that is equal to or higher than the full amount of the remarried widow(er)'s annuity before any reduction for age; and
  - (3) Has attained retirement age;
  - (4) Is at least 50 but less than 60 years of 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) Has not attained 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 age 60 but has not attained retirement age.** (In this case, the annuity is reduced for each month the remarried widow(er) is under retirement age when the annuity begins.)
- (b) An individual entitled to a widow(er)'s annuity may be entitled to an annuity as a remarried widow(er) if he or she:
  - (1) Remarries after having attained age 60 (after age 50 if he or she has been determined to be disabled prior to his or her remarriage) and is not a surviving divorced spouse; or
  - (2) Is entitled to an annuity based upon having a child of the employee in his or her care and marries an individual entitled to a retirement, disability, widow(er)'s, mother's, father's, parent's, or disabled child's benefit under the Railroad Retirement Act or Social Security Act.

## Notes

### Authority

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

### Source

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