---
kind: "section"
citation: "20 C.F.R. § 218.11"
title: "20"
number: "218.11"
heading: "When a spouse annuity begins."
url: "https://uscodex.org/cfr/20/218.11"
---

# §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](/cfr/20/part216.md) 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](/cfr/20/part216.md) 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)](#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](/cfr/20/part216.md) 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)](#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](/cfr/20/part216.md) 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)](#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.

## Notes

### Authority

Authority: 45 U.S.C. 231f(b)(5).

### Source

Source: 54 FR 30725, July 24, 1989, unless otherwise noted.