---
kind: "section"
citation: "20 C.F.R. § 218.42"
title: "20"
number: "218.42"
heading: "When a parent annuity ends."
url: "https://uscodex.org/cfr/20/218.42"
---

# §218.42. When a parent annuity ends.

- (a) **Tier I.** The tier I benefit of a parent annuity ends with the earliest of the last day of the month before the month in which the parent—
  - (1) Dies;
  - (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the tier I benefit of the parent annuity before any reduction for the family maximum, unless he or she is also entitled to a tier II benefit (reduction for the family maximum is discussed in [part 228](/cfr/20/part228.md) of this chapter);
  - (3) Becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity; or
  - (4) Remarries after the employee's death, unless he or she marries a person who is entitled to Social Security or Railroad Retirement Act benefits as a divorced spouse, widow, widower, mother, father, parent, or disabled child.
- (b) **Tier II.** The tier II benefit of a parent annuity ends with the earliest of the last day of the month before the month in which the parent—
  - (1) Dies;
  - (2) Remarries after the employee's death; or
  - (3) Becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity.

## Notes

### Authority

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

### Source

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