---
kind: "section"
citation: "20 C.F.R. § 218.40"
title: "20"
number: "218.40"
heading: "When a widow(er) annuity ends."
url: "https://uscodex.org/cfr/20/218.40"
---

# §218.40. When a widow(er) annuity ends.

- (a) **Entitlement based on age.** When a widow(er)'s annuity is based on age, the annuity ends with the earliest of the last day of the month before the month in which—
  - (1) The widow(er) dies;
  - (2) The widow(er) remarries (the widow(er) may be entitled to benefits as a remarried widow(er) as explained in [part 216](/cfr/20/part216.md) of this chapter);
  - (3) The widow(er) becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity; or
  - (4) The Board approves an award to someone else as the employee's legal widow(er) if entitlement is based on a deemed valid marriage.
- (b) **Disabled widow(er).** If entitlement is based on the widow(er)'s disability, the annuity ends with the earliest of—
  - (1) The last day of the month shown in [paragraph (a)](#a) of this section;
  - (2) The last day of the second month following the month in which the disability ends; or
  - (3) The last day of the month before the month in which the widow(er) attains age 60 (the disability annuitant then becomes entitled to an annuity based upon age).
- (c) **Annuity entitlement based on “child in care.”—** A widow(er) annuity based on having a “child in care” ends as shown in this paragraph if he or she is not eligible for a widow(er) annuity based on age as explained in [part 216](/cfr/20/part216.md) of this chapter. However, see also [paragraph (d)](#d) of this section. If the widow(er) is eligible for a widow(er) annuity based on age, when he or she is no longer entitled on the basis of having a “child in care,” his or her annuity is changed to a widow(er) annuity based on age. A widow(er) annuity based on having a “child in care” ends with the earliest of—
  - (1) The last day of the month shown in [paragraph (a)](#a) of this section;
  - (2) The last day of the month before the month in which the child is no longer in the widow(er)'s care as explained in [part 216](/cfr/20/part216.md) of this chapter (in this case entitlement to the annuity does not terminate, but no annuity is payable while the child is no longer in care);
  - (3) The last day of the month before the month in which the child attains age 18 and is not disabled;
  - (4) The last day of the month before the month in which the widow(er) attains full retirement age (the “child in care” annuity is changed to an age annuity);
  - (5) The last day of the month before the month in which the child marries;
  - (6) The last day of the month before the month in which the child dies; or
  - (7) The last day of the second month after the month in which the child's disability ends, if the child is over age 18.
- (d) **Tier I benefit entitlement based on child in care.** The tier I benefit of a widow(er), entitled because he or she has a “child in care” and is not otherwise entitled to a tier I benefit based on age, ends with the earliest of—
  - (1) The last day of the month shown in [paragraph (a)](#a) of this section;
  - (2) The last day of the month before the month in which the child is no longer in the widow(er)'s care as explained in [part 216](/cfr/20/part216.md) of this chapter;
  - (3) The last day of the month before the month in which the child attains age 16 and is not disabled;
  - (4) The last day of the month before the month in which the child marries;
  - (5) The last day of the month before the month in which the child dies; or
  - (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 16.

## 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]