---
kind: "section"
citation: "20 C.F.R. § 218.13"
title: "20"
number: "218.13"
heading: "When a widow(er) annuity begins."
url: "https://uscodex.org/cfr/20/218.13"
---

# §218.13. When a widow(er) annuity begins.

- (a) A widow(er) 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) **Full-age annuity.** The earliest date permitted by law is the latest of—
    - (i) The first day of the month in which the employee dies;
    - (ii) The first day of the month in which the claimant attains full retirement age; or
    - (iii) **The first day of the sixth month before the month in which the application is filed.**
  - (2) **Reduced-age annuity—**
    - (i) **Widow(er) age 60 through age 62.** The earliest date permitted by law is the latest of—
      - (A) The first day of the month in which the employee dies;
      - (B) The first day of the month in which the claimant attains age 60; or
      - (C) **The first day of the sixth month before the month in which the application is filed.**
    - (ii) **Widow(er) over age 62 but under full retirement age.** The earliest date permitted by law is the latest of—
      - (A) The first day of the month in which the employee dies;
      - (B) The first day of the month in which the claimant attains age 62 and one month; or
      - (C) **The first day of the month in which the application is filed.**
  - (3) **Disability annuity.** The earliest date permitted by law is the latest of—
    - (i) The first day of the month in which the employee dies;
    - (ii) The first day of the month in which the claimant attains age 50;
    - (iii) The first day of the twelfth month before the month in which the application is filed; or
    - (iv) **The first day of the sixth month after the month of disability onset.**
  - (4) **“Child in care” annuity.** The earliest date permitted by law is the latest of—
    - (i) The first day of the month in which the employee dies;
    - (ii) The first day of the month in which the claimant becomes eligible for a widow(er) annuity based on having a “child in care” as explained 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.**

## Notes

### Amendments

[54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]

### Authority

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

### Source

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

### Amendments

[54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]